The asphalt-rubber story would not be complete without including the close relationship between the paving industry and government. On a regional level in California (1990), federal highway funds could not be used on asphalt rubber paving projects due to its experimental status. The late Sonny Bono, then mayor of Palm Springs and later a US Congressman, spearheaded the effort to move asphalt-rubber from an experimental status in 1991. His point was successful based on the long-standing use and construction evaluated research of asphalt-rubber by many municipal agencies and California's own Department of Transportation. This type of political activity would be necessary in each state unless the federal government would eliminate funding restrictions on experimental materials.
On the national level, the Itermodal Surface Transportation Efficiency Act (ISTEA) of 1991, Section 1038 mandated the use of rubber modified asphalt pavements in a certain portion of federally funded highway projects that would take place in 1995 and increase incrementally in subsequent years. At the time, most rubberized processes that would have been used were patented or proprietary in nature and efforts were underway to extend the oldest patents which were due to expire at that time. The asphalt paving industry was vigorously opposed to the mandate. This would have guaranteed a substantial portion of the 500 million-ton national hot mix asphalt market to a select few asphalt-rubber paving contractors. As part of the campaign against crumb rubber modified asphalt, many issues were raised about fume emissions, cost effectiveness, durability, longevity, and recyclability. Although the mandate had not taken effect, a moratorium was placed on it so that it would not take effect until those issues could be satisfactorily resolved. During the mandate moratorium, the asphalt industry was able to persuade congress to repeal Section 1038 of ISTEA ending the controversy although the issues had been resolved. It should be noted that the patents were not extended, the last expiring in 1992, and the material is now considered a part of the public domain.
During the mandate era, many scientists and engineers developed a number of different methods and formulas for using crumb rubber modifier in pavements anticipating large potential market share. As before, most were unsuccessful. Coupled with the federal mandate, these failing projects frustrated many state highway officials. The frustration was a major reason why many vowed never to try rubber modified asphalt again regardless of the benefits it may provide.

Rubber Pavements Association
1801 South Jentilly Lane, Suite A-2
Tempe, AZ 85281 USA
480.517.9944
480.517.9959 fax

---

this site is best viewed with

v3.0 or higher

Maintained and Powered by

R&A Productions