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 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:
(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.
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Source Note: The provisions of this §111.147 adopted to be effective July 18, 1989, 14 TexReg 3293; amended to be effective February 12, 1992, 17 TexReg 691; amended to be effective February 16, 2012, 37 TexReg 704 |