Regulatory Text: 
Texas Commission on Environmental Quality

Chapter 111 - Control of Air Emissions from Visible Emissions and Particulate Matter

Subchapter A : Visible Emissions and Particulate Matter

DIVISION 4 : MATERIALS HANDLING, CONSTRUCTION, ROADS, STREETS, ALLEYS, AND PARKING LOTS
Undesignated heading MATERIALS HANDLING, CONSTRUCTION, ROADS, STREETS, ALLEYS, AND PARKING LOTS moved to new Subchapter A adopted by TNRCC August 21, 1996 effective September 16, 1996 (1-17) [Regulations.gov document EPA-R06-OAR-2005-TX-0028-0004 [TX034-04]]; and redesignated Subchapter A, Division 4, adopted by TNRCC May 17, 2000 effective June 11, 2000 (1-18).

Approved by EPA April 28, 2009 (74 FR 19144) effective May 28, 2009 (TXd103), Regulations.gov docket EPA-R06-OAR-2005-TX-0028 [TX034].
NOTE:  The revisions adopted by TNRCC May 17, 2000 (1-18) were never submitted to EPA as a SIP revision. In this Federal Register action, EPA approved only the new Division designations in order to be consistent with the current Texas Chapter 111 designations.

Outline:
§111.141.  Geographic Areas of Application and Date of Compliance. 1-12, TXc79
§111.143.  Materials Handling. 1-07, TXc79
§111.145.  Construction and Demolition. 1-12, TXc79
§111.147.  Roads, Streets, and Alleys. 1-12, TXc79, SIP effective to January 12, 2016.
§111.147.  Roads, Streets, and Alleys. 1-23, TXd178, SIP effective to January 13, 2016 to present.
§111.149.  Parking Lots. 1-07, TXc79

NOTE: The left justified number before paragraphs of sections approved into the SIP before July 7, 1999 is the subparagraph of 40 CFR 52.2270(c) [now 40 CFR 52.2299(c)] where the paragraph was last approved by EPA.  For example, "94E" before a paragraph means the paragraph was last approved by EPA at 52.2270(c)(94)(i)(E) [now 52.2299(c)(94)(i)(E)].  Section 40 CFR 52.2270 was moved to 40 CFR 52.2299 in a Federal Register action published July 7, 1999 (64 FR 36586).  See the Texas SIP Map document in the EPA Region 6 SIP-Approved Regulations web site for more information.


§111.141.  Geographic Areas of Application and Date of Compliance.*
As adopted by TACB October 25, 1991 effective February 12, 1992 (1-12).
Approved by EPA January 18, 1994 (59 FR 02532) at 52.2270(c)(79) effective February 17, 1994 (TXc79).

79C    Section 111.141 of this title (relating to Geographic Areas of
Application and Date of Compliance), §111.143 of this title (relating to Materials Handling), §111.145 of this title (relating to Construction and Demolition), §111.147 of this title (relating to Roads, Streets, and Alleys), and §111.149 of this title (relating to Parking Lots) shall apply to the following areas: the City of El Paso, including the Fort Bliss Military Reservation (Fort Bliss), except for training areas for tactical training,  maneuvering, air support, and such other and further uses that are not inconsistent therewith, including access to and from said areas, unless otherwise specified; that portion of Harris County inside the loop formed by Beltway 8; and that area of Nueces County outlined in the Group II State Implementation Plan for Inhalable Particulate Matter adopted by the Texas Air Control Board on May 13, 1988.  Compliance with these sections shall be as soon as practicable, but no later than December 31, 1991, except as follows: compliance on Fort Bliss and compliance with §111.145(3), relating to Construction and Demolition; the paving requirements of §111.147(1) and the street sweeping requirements of §111.147(2), relating to Roads, Streets, and Alleys, shall be as soon as practicable, but no later than December 10, 1993. 

As adopted by TACB October 25, 1991, effective February 12, 1992.
***end tx 111.141***1-12**************************************TXc94***m7d***


§111.143.  Materials Handling.
As adopted by TACB June 16, 1989, effective July 18, 1989 (1-07).
Approved by EPA January 18, 1994 (59 FR 02532) at 52.2270(c)(79) effective February 17, 1994 (TXc79).

79A    No person may cause, suffer, allow, or permit any material, except for abrasive material for snow and ice control, to be handled, transported, or stored without taking at least the following precautions to achieve maximum control of dust emissions to the extent practicable:

79A         (1)  Application of water or suitable chemicals or some other covering on materials stockpiles and other surfaces which can create airborne dusts.

79A         (2)  Installation, maintenance, and proper use of hoods, fans, and filters to enclose, collect, and clean the emissions of dusty materials; or

79A         (3)  Application of water or suitable chemicals, or complete covering of materials contained in open-bodied trucks, trailers, or railroad cars transporting such materials which can create airborne particulate matter in areas where the general public has access.

79A              (A)  Suitable wetting may be used as an alternative to covering in all areas except the City of El Paso. 

79A              (B)  Complete covering, at a minimum, is required in the City of El Paso.

Adopted by TACB June 16, 1989, effective July 18, 1989.
***end tx 111.143***1-07***EPA-R06-OAR-2005-TX-0028***TX034***TXc79***m7d***


§111.145.  Construction and Demolition.
As adopted by TACB October 25, 1991 effective February 12, 1992 (1-12).
Approved by EPA January 18, 1994 (59 FR 02532) at 52.2270(c)(79) effective February 17, 1994 (TXc79).

79C    For the purpose of this section, the following restrictions apply if the area of land affected by the listed activities is more than one acre in size, except for the City of El Paso (El Paso), where  restrictions shall apply regardless of the size of the area of land affected.  No person may cause, suffer, allow, or permit a structure, road, street, alley, or parking area to be constructed, altered, repaired, or demolished, or land to be cleared without taking at least the following precautions to achieve control of dust emissions:

79A         (1)  Use of water or of suitable oil or chemicals for control of dust in the demolition of structures, in construction operations, in work performed on a road, street, alley, or parking area, or in the clearing of land.

79A         (2)  Use of adequate methods such as wet-sandblasting and enclosure of work areas to prevent airborne particulate matter during sandblasting of structures or other similar operations.

79C         (3)  Application of asphalt, other paving materials, water, suitable oil, or chemicals on construction and/or demolition site access roads located in El Paso.

As adopted by TACB October 25, 1991, effective February 12, 1992.
***end tx 111.145***1-12**************************************TXc94***m7d***


§111.147.  Roads, Streets, and Alleys.
As adopted by TACB October 25, 1991 effective February 12, 1992 (1-12).
Approved by EPA January 18, 1994 (59 FR 02532) at 52.2270(c)(79) effective February 17, 1994 (TXc79) to January 12, 2016.

79C    No person may cause, suffer, allow, or permit any public, industrial, commercial, or private road, street, or alley to be used without taking at least the following precautions to achieve control of dust emissions: 

79C         (1)  Application of asphalt, water, or suitable oil or chemicals on the following unpaved surfaces, except in the City of El Paso (El Paso) and the Fort Bliss Military Reservation, except as noted in §111.141 of this title (relating to Geographic Areas of Application and Date of Compliance) where the use of paving materials is the only acceptable method of dust control, unless otherwise specified:

79C             (A)  Industrial Facility Roadways - all major in-plant roads and all truck or other heavy-duty vehicle pathways.  Major in-plant roads shall be defined as those which are designed to accommodate two-way traffic and are at least 30 feet wide at at least one point, measuring the distance from the edge of the undisturbed earth on either side of the established roadway.  The Executive Director, with the concurrence of the U.S. Environmental Protection Agency, may grant a waiver from the requirement to pave an industrial facility roadway if the owner of the roadway demonstrates that the cost of paving is economically unreasonable compared to other methods of dust control specified in subsection (1).

79A              (B)  Public Thoroughfares - all roads and streets to which the public has general access.

79A              (C)  Commercial Roads - all roads which serve as access for more than 50 employees or as access to more than ten heavy-duty truck parking spaces.

79A              (D)  Residential Roads - all roads which serve as access for more than 20 residences and/or apartment units.

79C              (E)  Alleys - in El Paso, alleys shall be paved at the rate of at least 15 miles per year.

79C              (F)  Levee Roads - in El Paso, all levee roads and access to such roads shall be controlled with the application of asphalt, or suitable oil or chemicals.

79C         (2)  Removal from public thoroughfares, as necessary, of soil or other materials, except for sand applied for the specific purpose of snow or ice control.  In El Paso, removal of soil shall be by mechanical sweepers or their equivalent at the rate of four times per year for all public thoroughfares within the city limits and six times per week or as necessary for public thoroughfares within the central business district.  For the purpose of this section, the central business district shall be defined as that area bordered by Loop 375 to the south, Santa Fe Street to the west, Missouri Street to the north, and Kansas Street to the east.  El Paso shall spot clean dirty roadways and maintain street sweeping records for two years.  Sand applied for the specific purpose of snow or ice control shall be removed as soon as such control is no longer necessary.

As adopted by TACB October 25, 1991, effective February 12, 1992.
***end tx 111.147***1-12**************************************TXc94***m7d***

§111.147.  Roads, Streets, and Alleys.
As adopted by TCEQ January 25, 2012 effective February 16, 2012 (1-23).
Approved by EPA December 14, 2015 (80 FR 77253) effective January 13, 2016 (TXd178), 
Regulations.gov docket EPA-R06-OAR-2012-0205 [TX136], this submittal in 
document EPA-R06-OAR-2012-0205-0003 [TX136.03].

     No person may cause, suffer, allow, or permit any public, industrial, commercial, or 
private road, street, or alley to be used without taking at least the following precautions to 
achieve control of dust emissions:
     (1) application of asphalt, water, or suitable oil or chemicals on the following 
unpaved surfaces, except in the City of EI Paso and the Fort Bliss Military Reservation, except as 
noted in §111.141 of this title (relating to Geographic Areas of Application and Date of 
Compliance), where the use of paving materials is the only acceptable method of dust control, 
unless otherwise specified:
         (A) industrial facility roadways--all major in-plant roads and all truck 
or other heavy-duty vehicle pathways. Major in-plant roads shall be defined as those which are 
designed to accommodate two-way traffic and are at least 30 feet wide at at least one point, 
measuring the distance from the edge of the undisturbed earth on either side of the established 
roadway. The executive director, with the concurrence of the United States Environmental 
Protection Agency, may grant a waiver from the requirement to pave an industrial facility 
roadway if the owner of the roadway demonstrates that the cost of paving is economically 
unreasonable compared to other methods of dust control specified in this paragraph;
         (B) public thoroughfares--all roads and streets to which the public has 
general access;
         (C) commercial roads--all roads that serve as access for more than 50 
employees or as access to more than 10 heavy-duty truck parking spaces;
         (D) residential roads--all roads that serve as access for more than 20 
residence and/or apartment units;
         (E) alleys--in the City of El Paso, alleys must meet the following 
requirements:
             (i) all new alleys must be paved;
             (ii) unpaved alleys may not be used for residential garbage and 
recycling collection; and
             (iii) reclaimed asphalt pavement (RAP) may be used as an 
alternate means of particulate matter control for alleys; and
         (F) levee roads--in the City of El Paso, all levee roads and access to 
such roads must be controlled with the application of asphalt, or suitable oil or chemicals;
     (2) removal from public thoroughfares, as necessary, of soil or other materials, 
except for sand applied for the specific purpose of snow or ice control. In the City of El Paso, 
removal of soil must be by mechanical sweepers or their equivalent at the rate of three times per 
year for all public thoroughfares within the city limits and four times per week or as necessary 
for public thoroughfares within the central business district. For the purpose of this section, the 
central business district is defined as that area bordered by Loop 375 to the south, Santa Fe 
Street to the west, Missouri Street to the north, and Kansas Street to the east. The City of El Paso 
shall spot clean dirty roadways, and shall maintain street sweeping records for two years. Sand 
applied for the specific purpose of snow or ice control must be removed as soon as such control 
is no longer necessary.

**** end tx Ch111A4§247 **** 1-23 **** TXd178 **** EPA-R06-OAR-2012-0205 **** TX136 ****w1c****

§111.149.  Parking Lots.
As adopted by TACB June 16, 1989, effective July 18, 1989 (1-07).
Approved by EPA January 18, 1994 (59 FR 02532) at 52.2270(c)(79) effective February 17, 1994 (TXc79).

79A    (a)  No person may allow any vehicular parking surface having more than five parking spaces to be used unless dust is controlled by the appropriate application of asphalt, water, or suitable oil or chemicals.

79A    (b)  In the City of El Paso, parking surfaces with more than five parking spaces shall be paved or uniformly covered with gravel.  This provision shall not apply to temporary parking lots defined as lots used for less than one month, after which access is prohibited.  Such temporary lots shall be required to apply water or suitable oil or chemical.  Lots with more than 100 parking spaces shall be paved or covered by an equivalent method determined by the Executive Director.  An equivalent method shall not include the utilization of waste materials from industrial processes.

79A    (c)  Parking surfaces having five spaces or less and parking surfaces at a property designed for and used exclusively as a private residence housing not more than three families are exempt from these requirements.

Adopted by TACB June 16, 1989, effective July 18, 1989.