EPA Compliance Using diesel fuel in asphalt, concrete and mining applications and at the lay down site is a thing of the past. Paving contractors, state, city, and council departments are now forced to use alternative safer methods.

There are regulatory considerations at work when using diesel fuel, kerosene and petroleum based solvents. Environmental Protection Authority (EPA) has been implementing it with their usual hard hitting approach. Violations can result in fines up-to $25,000.00 per day per violation. The resulting fines could easily put a contractor out of business altogether.

• Australian Environmental Legislation - Clean Waters Act 1970
• Protection of the Environment Operations Act, 1997 (POEO Act) 
• What the Act requires under s 96(3A) of the POEO Act?
• Pollution of waters under s120 of the POEO Act?

The above Public Law prohibit discharge of diesel or related substances on the ground. These Public Law relate to asphalt, concrete and mining industry, and are the reasons why it is no longer permissible to use diesel fuel to clean equipment with or as a release agent.

These Public Law language has been placed in several other laws, including state laws, and has been subject to a wide variety of interpretations. Literature by the major petrochemical producers indicates that petroleum distillate fractions, even with some modification of the chemical structure, are still considered “oils” under these Acts. Therefore, diesel fuel being a fuel oil, is considered an oil under these Acts.

As anyone working with asphalt knows, asphalt sticks to tools & equipment when cooled. It must be removed by dissolving it in a solvent. Anyone with field experience also knows, it is impossible to prevent spillage of the solvent while doing paving operations. This has significant regulatory implications.

For those in paving industry, the bottom line is that any unused chemicals are waste. There are five ways that a waste can be said to be hazardous. If a waste is:

• Flammable: Flash point < 52° C
• Corrosive: Corrodes steel or pH outside 2 – 12.5 range.
• Reactive: React when mixed with water or chemical 
• instability:   Generate heat or explode. 
• Toxic:  Contains toxic materials above specified limits.
• Listed:  Under hazardous waste.

Regulatory Implications for the Asphalt Paving Industry:

Below given issues are reporting requirements. This would be required for every facility that generates hazardous waste:

• Proper training of paving crews to handle diesel fuel.
• Type of containers it is stored.
• Length of time diesel can be stored.
• Paperwork documenting all facets of the handling process.
• Spill prevention control and countermeasure handling process.
• Contingency plan, waste minimisation plan, hazardous waste job analysis. 
• There are also strict requirements on transportation of diesel.

How Does Diesel Fuel Affect the Asphalt, Concrete & Mining Industry?

Under SARA Act (Superfund Amendments Reauthorization Act) has a regulatory implication under “joint and several” liability associated with landfills that become Superfund Clean-up sites. All parties that put hazardous wastes into the landfill become proportionately liable for the clean-up costs if it becomes a Superfund clean-up site.

Since diesel fuel and petroleum solvents has flashpoint below 53°C becomes hazardous wastes when discarded. Therefore, even if the wastes are collected and disposed of to a landfill, there is a risk of liability to the user down the road. This is another reason for asphalt, concrete & mining indusry not to use diesel fuel or petroleum solvents.

Under CERCLA Act (Comprehensive Environmental Responses Compensation and Liability Act of 1980) is another regulatory issue.

It primarily deals with emergency spills or releases, ordering the EPA (Environmental Protection Authority) to designate hazardous substances and reportable quantities for spills of the designated hazardous substances.

Materials that are hazardous by reason of Flashpoint are listed as CERCLA hazardous substances. 

The most likely way a chemical used by the paving industry could be defined as hazardous waste is if it is ignitable. For this reason, the flashpoint of chemicals bought for various applications such as lubrication, cleaning etc. becomes important.

The Environmental Protection Authority (EPA) is now starting to enforce environmental laws much more aggressively. 

You can avoid EPA fines by using nevrStic™ : , which meets all environmental regulations as a non-hazardous waste. It contains no petroleum or other hazardous ingredients and has a high flash point. Here’s what you should know about the Environmental Regulations:

• The use of diesel fuel for asphalt removal and as a release agent is no longer Environmental Protection Authority (EPA) compliant.
• Discharge of petroleum or fractions thereof is prohibited by the Australian Clean Waters Act 1970.
• State Departments of Transportation are forbidding contractors from using diesel fuel on State jobs.
• Bitud’solv™, DragChain™, Fortknox™, nevrStic™ : flash point is above >125°C and therefore not considered a hazardous waste according to EPA (Environmental Protection Authority)

Protection of the Environment Operations Act 1997 (POEO Act) 

The act prohibits discharge of oil or related substances on the ground. It relates to the paving industry, and are the reasons why it is no longer permissible to use diesel fuel to clean equipment with or as a release agent.

Literature by the major petrochemical producers indicates that petroleum distillate fractions, even with some modification of the chemical structure, are considered as “oils”. Therefore, diesel fuel, being a fuel oil, is considered an oil by these petrochemical producers.

How Does this Affect the Paving Industry?

The most likely way a chemical used by the paving industry could be defined as a hazardous waste is if it is ignitable. For this reason, the flash point of chemicals bought for various applications such as lubrication, cleaning, etc. becomes important. It is not enough that the material be of natural origin, contain no petroleum distillates or chlorinated hydrocarbons and be biodegradable. The product must also have a flash point above 125°C, or it is considered a hazardous waste. Since the flash point of citrus oils is 49°C, diesel fuel and other petroleum solvents are hazardous wastes, and cannot be spilt on the ground.

State Department of Transportation’s (DOT) is forbidding contractors from using diesel fuel on state jobs.

Avoiding EPA Fines:

Most paving crews know that the use of diesel to clean paving equipment is not EPA compliant but, many may not know why. 

Many paving crews continue to use diesel fuel as an asphalt cleaner even though it’s illegal because they cannot find another product that works as effectively. nevrStic™ : solves that problem. 

Not only does nevrStic™ : work quickly in removing asphalt, but it also leaves a slick oily film on the surface of tools and equipment to prevent asphalt and tar from sticking. 

When diesel fuel is spilled near roadways, it is absorbed into the ground or carried to local streams by rain water. It eventually makes its way into the water table, contaminating your drinking water. The benefits of not using diesel fuel not only include avoiding expensive fines or being environmentally friendly, but also to protect the drinking water you and your family enjoy every day.

EPA fines are costly and cause time-loss.

Better for the Environment!

One company in NSW accidentally knocked over a 20 Liter pale/cube of diesel fuel and was prosecuted in court and shut down for three days while the spill was cleaned up to a hazardous waste site.

Better than Diesel!
nevrStic™ : not only environmentally friendly and non-hazardous, but it stays on longer allowing for fewer applications, saving you time and money.

Environmentally Safe Solvent
All natural and 100% biodegradable.

Non-Flammable
High flashpoint makes nevrStic™ : Green safe for workers and less expensive to ship.

EPA Compliant 
Meets all EPA regulations as a non-hazardous waste.

Powerful Solvent 
proven more efficient and effective than diesel fuel or kerosene for dissolving asphalt.

Slow Evaporation Rate 
stays on shovels, rakes, and truck beds longer so you may re-apply less often.

Marine Life 
This product is not classed as a water pollutant or a toxic chemical.  This product is not considered toxic to aquatic environments. Product is Biodegradable. However, avoid uncontrolled releases of this product into the marine life.

nevrStic™ : is a unique bio-green solvent to replace diesel fuel. It is currently being used by Department of Roads & Transportation, paving contractors and Councils.

nevrStic™ : has changed the way the paving industry cleans their equipment – setting a new industry standard.