(a) The following control requirements shall apply in Nueces, Bastrop, Caldwell, Hays, Travis, and Williamson Counties and the Beaumont-Port Arthur, Bexar County, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria areas, as defined in §115.10 of this title (relating to Definitions).
  (1) The use of conventional cutback asphalt containing volatile organic compounds (VOC) solvents for the paving of roadways, driveways, or parking lots is restricted to no more than 7.0% of the total annual volume averaged over a two-year period of asphalt used by or specified for use by any state, municipal, or county agency who uses or specifies the type of asphalt application.
  (2) In the Beaumont-Port Arthur, Bexar County, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria areas and in Bastrop, Caldwell, Hays, Travis, and Williamson Counties, no person shall allow the use, application, sale, or offering for sale of conventional cutback asphalt containing VOC solvents for paving roadways, driveways, or parking lots during the period from April 16 to September 15 of any year.
  (3) Except as specified in subsection (b) of this section, when asphalt emulsion is used or produced, the maximum VOC content shall not exceed 12% by weight or the following limitations, whichever is more stringent:
    (A) 0.5% by weight for seal coats;
    (B) 3.0% by weight for seal coats when unwashed aggregate is used;
    (C) 8.0% by weight for mixing with open graded aggregate gradations with less than 1.0% by weight of materials passing sieve number 200 adhering to the coarse aggregate fraction (1/4 inch in diameter or greater); and
    (D) 12% by weight for mixing with dense graded aggregate gradations when used to produce a mix designed to have 10% or less voids when fully compacted.
(b) If the commission has published notice in the Texas Register, as provided in §115.519(c) or (d) of this title (relating to Counties and Compliance Schedules), to require compliance with the contingency measure control requirements for the Dallas-Fort Worth area and/or Houston-Galveston-Brazoria area, the following control requirements apply instead of subsection (a)(3) of this section.
  (1) In the Dallas-Fort Worth area, in accordance with the schedule specified in §115.519(c) of this title, no person shall allow the use, application, sale, or offering for sale of emulsified asphalt containing VOC solvents for paving roadways, driveways, or parking lots during the period from March 1 to November 30 of any year unless the VOC content is no more than 0.5% by volume. During the months of January, February, and December of any year the VOC content shall be no more than:
    (A) 0.5% by weight for seal coats;
    (B) 3.0% by weight for seal coats when unwashed aggregate is used;
    (C) 8.0% by weight for mixing with open graded aggregate gradations with less than 1.0% by weight of materials passing sieve number 200 adhering to the coarse aggregate fraction (1/4 inch in diameter or greater); and
    (D) 12% by weight for mixing with dense graded aggregate gradations when used to produce a mix designed to have 10% or less voids when fully compacted.
  (2) In the Houston-Galveston-Brazoria area, in accordance with the schedule specified in §115.519(d) of this title, no person shall allow the use, application, sale, or offering for sale of emulsified asphalt containing VOC solvents for paving roadways, driveways, or parking lots during the period from January 1 to December 31 of any year unless the VOC content is no more than 0.5% by volume.

Source Note: The provisions of this §115.512 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective July 17, 1991, 16 TexReg 3729; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective March 7, 1996, 21 TexReg 1548; amended to be effective August 18, 1999, 24 TexReg 6301; amended to be effective August 29, 2001, 26 TexReg 6303; amended to be effective December 9, 2004, 29 TexReg 11360; amended to be effective May 16, 2024, 49 TexReg 3292