Section 115.512 - Control RequirementsThe following control requirements shall apply in Nueces, Bastrop, Caldwell, Hays, Travis, and Williamson Counties and the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 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, Dallas/Fort Worth, El Paso, and Houston/Galveston 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) 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 chip seals when dusty or dirty aggregate is used;(C) 8.0% by weight for mixing with open graded aggregate with less than 1.0% by weight of dust or clay-like materials adhering to the coarse aggregate fraction (1/4 inch in diameter or greater); and(D) 12% by weight for mixing with dense graded aggregate when used to produce a mix designed to have 10% or less voids when fully compacted.30 Tex. Admin. Code § 115.512
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