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Asphalt Millings Guidance Document
Revision Date: 09/10/2009
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ASPHALT
MILLINGS GENERAL INFORMATION
This guidance document outlines the New Jersey Department
of Environmental Protection's (DEP or Department) guidance
for use of asphalt millings (bituminous concrete). The
guidance document is intended only as a guide to help
the reader understand the need for controlled use of
asphalt millings in some forms of use and does not replace
any regulations in any context. Asphalt millings may
be: recycled pursuant to existing regulations at N.J.A.C.
7:26A-1.4(a)1 for recycling directly into new asphalt
without Department approval; reused directly for road
construction in some situations without Department approval;
and, used for beneficial uses pursuant to N.J.A.C. 7:26-1.7(g)
with site specific Department approval as discussed
below.
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ASPHALT
MILLINGS DEFINITION
The definition most commonly used for asphalt millings
is the fine particles (generally from dust to less than
an inch or so) of bitumen and inorganic material that
are produced by the mechanical grinding of bituminous
concrete surfaces.
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WHAT
ARE ASPHALT MILLINGS?
Asphalt millings contain approximately five to seven
percent asphalt, which is used as a binder for the quarry
materials (stone, rock, sand, silt) that make up the
load-bearing portion of a bituminous concrete surface.
The asphalt millings are produced by grinding a bituminous
concrete-paved surface which results in the generation
of fine particles of bitumen and inorganic material
that made up the road surface.
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SOURCES
AND QUANTITIES OF ASPHALT MILLINGS
Sources of asphalt millings include highway departments
and local contractors hired to conduct road improvements.
Quantities of asphalt millings from a particular operation
can vary greatly from a few tons to hundreds of thousands
of tons and quality will vary dependant on the original
asphalt character, age, weather and other site-specific
conditions.
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ENVIRONMENTAL AND
PUBLIC HAZARDS
The bitumen binder used in asphalt paving applications
contains a relatively large concentration of a family
of organic compounds which can have the potential
to pose human health and environmental concerns in
certain circumstances especially when asphalt material
is ground into very small particles that easily blow
off of or wash from the surface. These compounds,
known as polycyclic aromatic hydrocarbons (PAHs) are
specified as targeted pollutants by the U.S. Environmental
Protection Agency (USEPA), and are present in asphalt
at much higher levels than the criteria established
by DEP guidance for general use in a loose fashion
on land. Asphalt millings used alone without a paved
top surface have the potential to significantly migrate
from the roadway through the actions of water, wind,
and physical displacement and possibly contaminate
surrounding soils and/or surface water sediments.
Traffic traveling on the unpaved asphalt millings
would generate dust containing the compounds referenced
above and the dust would be a major migration route
of the asphalt millings to the surrounding environment.
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BENEFICIAL
USE OF ASPHALT MILLINGS
Several uses of asphalt millings are fully appropriate
in accordance with regulations for recycling and beneficial
use and, therefore, asphalt millings may be used as
follows below. The use of loose unbound asphalt millings
on land and roadway surfaces without the placement of
a paved top surface is not generally appropriate, and
asphalt millings are not considered clean fill. In order
to prevent sediment contamination, asphalt millings
should not be used where runoff to surface water features
would be possible. Asphalt millings may be used, provided
the appropriate conditions are followed.
1. Asphalt millings may
be taken directly to and used by road asphalt manufacturing
plants for direct incorporation into asphalt (bituminous
concrete), pursuant to the recycling exemption for such
use at N.J.A.C. 7:26A-1.4(a)1.
2. Asphalt millings may
be used as sub-base material if:
•The asphalt millings are placed directly beneath,
and fully contained by a paved road surface of either
bituminous asphalt or Portland cement concrete.
•The use of asphalt millings follows the New Jersey
Department of Transportation (DOT) requirements mentioned
below and other site-specific criteria as determined
and approved by the DEP for use of asphalt
•The use of the asphalt millings follows the DOT
1996 Standard Specification for Road and Bridge Construction
Subsection 202.12 concerning roadway sub-base construction
and depth requirements for roadway embankments, which
is prudent guidance for appropriate use of asphalt millings
that were not recycled back into asphalt. Subsection
202.12 specifies using excavated bituminous concrete,
in the lower portion of Zone 3 embankments and not placed
within 600 millimeters of the final sub-grade or less
than one meter above the highest seasonal high groundwater
table. Such use should adequately prevent the asphalt
millings from entering the surface water and groundwater
features in most instances.
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This use would be considered direct
recycling pursuant to N.J.A.C. 7:26-1.1(a)1 and would
not require authorization as a Beneficial Use Project
from the Department pursuant to N.J.A.C. 7:26-1.7(g)
if performed to construct or repair a needed vehicle
surface that meets DOT and/or local construction requirements.
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3. Asphalt millings may be used as
surfacing materials if an appropriate binder is applied
to keep the asphalt millings in place. Liquid asphalt
(tack) may be used to bind the asphalt millings in
surficial applications. This may be less expensive
than applying finished asphalt or concrete to meet
the sub-base requirements described above and meets
the need to fully contain and bind the particles to
prevent wind and water erosion.
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This use would be considered direct
recycling pursuant to N.J.A.C. 7:26-1.1(a)1 and would
not require authorization as a Beneficial Use Project
from the Department pursuant to N.J.A.C. 7:26-1.7(g)
if performed to construct or repair a needed vehicle
surface that meets DOT and/or local construction requirements.
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4. Asphalt millings may be used to
construct or repave needed roadway or vehicle use
areas, such as parking lots, if such application is
performed when the material is sufficiently hot to
make the asphalt sufficiently pliable and adhesive
to bind the asphalt millings particles on application.
This application of the hot asphalt millings should
be followed by immediate hot rolling to complete the
integration of the milling pieces and particles into
a bound surface that is similar in consistency and
performance to an integral asphalt-paved surface such
as a road. Rolling the surface will not only serve
to permanently rebind the milling particles into the
hot asphalt matrix to prevent erosion but also will
ensure a flat paved surface suitable for vehicular
use.
This use would be considered direct
recycling pursuant to N.J.A.C. 7:26-1.1(a)1 and would
not require authorization as a Beneficial Use Project
from the Department pursuant to N.J.A.C. 7:26-1.7(g)
if performed to construct or repair a needed vehicle
surface that meets DOT and/or local construction requirements.
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5. Other uses of asphalt
millings may be authorized pursuant to regulations at
N.J.A.C. 7:26-1.7(g) for beneficial use of materials.
Contact the Beneficial Use section of the Bureau of
Landfill and Hazardous Waste Permitting, Solid and Hazardous Waste Management Program at (609) 984-6985 for more
information on the authorization process for a Certificate
of Authority to Operate a Beneficial Use Project for
asphalt millings beneficial use applications. An application
form for a Certificate of Authority to Operate a Beneficial
Use Project, along with other information concerning
the regulation of beneficial use of materials in New
Jersey, can be found within the internet web page for
beneficial use at: http://www.state.nj.us/dep/dshw/rrtp/bud.htm.
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VEHICLE
REQUIREMENTS
Note that DEP solid waste vehicle registration pursuant
to N.J.A.C. 7:26-1 et seq. for trucks hauling asphalt
millings is not required for the transport of asphalt
millings for uses meeting the conditions of Section
F 1 through 4 above or DEP-approved recycling or beneficial
uses. However, DEP solid waste vehicle registration
is required for vehicles if asphalt millings are being
disposed of as solid waste pursuant to N.J.A.C. 7:26-1
et seq. in or out of State.
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COMPLIANCE
WITH OTHER LAWS AND REQUIREMENTS
Any selected use of asphalt
millings must be consistent with other applicable or
relevant Federal, State or local laws or regulations.
If a proposed use does not comply with other applicable
laws, the use would not be approved by the Department
and thus would be considered an unauthorized landfill.
Those responsible for implementing any proposed use
for asphalt millings must identify all applicable and
relevant laws and regulations and may seek assistance
from the Department.
This guidance does not
represent an authorization to use asphalt millings without
obtaining site or project specific authorization as
a Certificate of Authority to Operate a Beneficial Use
Project pursuant to N.J.A.C. 7:26-1.7(g) except for
the uses indicated above. Failure to obtain beneficial
use approval prior to using asphalt millings except
as indicated above shall subject the responsible party
to enforcement action, including, but not limited to
the assessment of substantial penalties and remediation
of the inappropriately used asphalt millings. This guidance
is offered without prejudice and shall not affect any
ongoing or future enforcement actions the Department
may take in response to past, present or future activities
conducted by any person.
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Should you have any questions regarding
this guidance document you can discuss your questions
with a representative from the Bureau of Landfill and Hazardous Waste Permitting
at (609) 984-6985 between the hours of 9:00 a.m. and
4:00 p.m.
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