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.

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