BryanW. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner MarkR. Vickery, P.G., ExecutiveDirector 

## RECEIVED

- 

# 6PDL AIR PLANNING SEC. 12 HAR 

# 14 PH 3: 55
TEXAS COMMISSION ON ENVIRONMENTAL QUALIlY Protecting Texas byRedllcing andPreventing Pollution 

### March 7,2012

DocketNos. 2010-1862-RUL, 2011-o899-MIS, 2011-0707-SIP

Alfredo Armendariz, Ph.D. RegionalAdministrator U.S. Environmental ProtectionAgency

- Region 6 1445 

### Ross Avenue Dallas, Texas 75202-2733 

### Dear Dr. Armendariz: OnJanuary 25, 2012, 

### the Texas Commission on Environmental Quality (Commission) adopted revisions to the State Implementation Plan (SIP). The Commission adopted amendments to §111.147 

### in 30 

### Texas Administrative Code Chapter 111, 

### concerning Control of

### Air Pollution from Visible Emissions and Particulate Matter, SubchapterA, 

### Division4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots; a revised Memorandum ofAgreement (MOA) between the CityofEl Paso (the City) and the Commission; and corresponding revisions to the SIP. The adopted rule amendments update the particles with an aerodynamic diameterless than or equal to a nominal 10 

### micrometers (PMlO) 

### controls requiredto attain and maintain the PM lO 

### NationalAmbientAir Quality Standards (NAAQS) and provide the City greaterflexibility in the implementation ofthe PMlO 

### control requirements in §111.147. 

### The MOAhas been revised to reflectthe changes to §111.147. 

### The adopted SIP revision will incorporate the revised MOAinto the El Paso PMlO 

### SIP. Enclosed are the proposed revisions to the SIP, a public hearing certification, complete records ofthe public hearing, and the accompanying order. l'

### lookforward to your expeditious approval ofthese SIP revisions. Sincerely,

# :::;j::,~~ Chairman BWSjers Enclosures

cc: The Honorable Rick Perry, Governor ofTexas Mr. Toby Baker, Office ofBudget, Planning and Policy, Office ofthe Governor Mr. Mark R. 

### Vickery, P.G., Executive Director, Texas Commission on Environmental Quality

P.O. Box 13087 • Austin, Texas**78711~3087** • 512-239-1000 • www.tceq.texas.gov How is om customerservice? www.tceq.texas.gov!goto!customersurvey

### Docket Nos. 2010-1862-RUL, 2011-o899-MIS, 2011-0707-SIP



## THE STATE OF TEXAS COUNTY OF TRAVIS

This is to certifythat the attached electronic file is included andthatthe electronicfile is a
true and correctcopy ofdocuments for a revision to the Texas State Implementation Plan, adopted on January 25, 2012, 

## pursuantto 40 

## Code ofFederal Regulations § 51.104. 

## I amthe records administratorfor the Air Quality Division ofthe Texas Commission on Environmental Quality (Commission).



# L

# ~,,\**Di~""'~~-'-""-~'----------** U Air Quality Division Texas Commission on Environmental QualityTexas Commission on Environmental Quality Public Hearing September 27, 2011 Concerning Revisions to the EI Paso MOA SIP Revision Project No. 2011-010-SIP-NR

### INTRODUCTION

The Texas Commission on Environmental Quality (commission) held a public hearing in EI Paso on September27, 2011, to receive testimony regarding 30 TAC §111.147, the revised Memorandum of Agreement (MOA), and the state implementation plan (SIP) for the control of particulate matter air pollution in the EI Paso area.

The adopted SIP revision incorporates the changes to §111.147 and the revised MOA between
the City of EI Paso and the Texas Commission on Environmental Quality (TCEQ) into the SIP for particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM 10). 

### The 2001 MOA with the City of EI Paso has been revised to reflect the alternative control

measures in the revisions to 30 TAC Section 111.147 and the respective responsibilities of the City of EI Paso and the TCEQ under the SIP.

The comment period closed on October 3, 2011. All testimony and comments have been reviewed
and seriously considered. This hearing record contains a complete record of the public hearings
and is divided into the following four sections:

o Public Notification and Proposal

o Written and Oral Testimony

o Evaluation of Testimony

o Staff Recommendations/Order

Additional copies ofthis hearing record are maintained in the TCEQ central office at 12100 Park 35 Circle, Austin, Texas 78753. Forfurther information, please contact Shelley Naikat (512) 239-1536.

# NOTICE 

# & PROPOSAL

### PUBLIC NOTIFICATION

Notification to the public of the proposed revisions was conducted by the following procedures:

1. Publication of notice of the public hearing in the following newspaper on the date listed:
EI Paso Times: August 22, 2011

2. Publication of the Notice of Public Hearing in the September 2, 2011, issue of the Texas Register (36 TexReg 5725).

3. Correspondence forwarding the notice of public hearings to the following officials and agencies: Speaker of the House Lieutenant Governor
Alamo Area Council of Governments Capital Area Planning Council City of Dallas, Department of Environmental Quality City of Dallas, Department of Aviation City of EI Paso, Environmental Services City of EI Paso, Mayor's Office City of Fort Worth, Environmental Management Department City of Houston, Department of Health and Human Services
East Texas Council of Governments
EI Paso Metropolitan Planning Organization
EI Paso County Judge Federal Highway Administration Galveston County Health District

### Harris County Public Health and Environmental Services Houston-Galveston Area Council
North Central Texas Council of Governments South East Texas Regional Planning Commission
Texas Department of Transportation Victoria Metropolitan Planning Organization
Arkansas Department of Pollution Control and Ecology
Louisiana Department of Environmental Quality
New Mexico Environmental Department Oklahoma Department of Environmental Quality United States Environmental Protection Agency

### Example of Newspaper Classified Ad
EI Paso Times, August 22, 2011

PUblic Hltoring en**PrDPos~d** Revisions fo)O TAC Chapf!!r III and Revisions 10 the Slate Implemen- tation PIon The- Texas Commrs_ sion on Environmen- toi Quality (commis_ sion or TCEQ) will COnduct a public**h~ring** to r!!'C!?ive testimony regording**DroDQs~d** rs>v;sions to 30 lAC Choplar 111, Control of Air Pel/u- tion from Visible Emissions and Par- liculate J\i\aTter, §l'!l.lA7; and to the stofe impll!'mentotion plan (SIP). under the requirements of Texa-s HlKllth and Safety Ccxi!!, !3a2.011; Te::o::os Gov- ernment Code, eMP- ler 2001, Subchopter B; and .l:ll Code of Federal Re9vloliolls**~1.102** of the Unite-d Slole:> Env;ronlnen_ !oJ Protection Agen**g~;:n~~ ri(~~~liOn$**  Tho! orOPOSi3"Q rU!emOkir19 'Noula IJmend §IJ!.l47{]j{E) 10 remav", /he re- qlJirement 10 pave al.

### :t~:·r::F~:~~1~~~ miles per y?ar, and reploce it 'Nith 1M foHowing re-quir!!_**m~r<ts:** 1} all new oJ- liOYS must tH! paVed; 1) alleys may not be used tor trash PICk.- 1,10; and J) the use of re<:yc!ed <:J.5pnaJl product os dei'ficd In §1l1.l.i5 and JllL147(l}, may be used as an olternotl! maam; cri Porticvlo/e Motrer conlral for al- leys. The**propo~1** will also amend §HUJ7(2) 10 chens'! the sweeping tn- Quency re-QUiremenl from four rim'tS P"lr year 10 three times oer year 11' Ihe city limits and trom six limas per**~k.** to four times p'!!r we'?l1 in the c(!-ntrol bu-..i- ne:oss dis/riel. (Rult PrOtlO'Ct NUmber 2(11e.**O%-lll~EN)** The Memol"atKJum of Aqr_me1't (MOA) between Ihe TCEQ and the City trl EI Po- w is ooing revi:'!i-<'d fa reflect the**atr~rno** five con/rol measUl"es m the proposed rulemaking and the rtsoecfive**r~consj_** bilifil!'s of the City at EI Paso and the TCEQ. (Proiecl**Hum~r 2O:11_~2$-**  MJ,S.SR) Tne pn:mcslK! EI Pa. so SIP revision would incorporate the re'/l· sloo$ to JO TAC §IIU..D and**th~** n- vi$o!d MOA into the PM SIP. CProieCI NlJmber**~l1...(11~SIP~** HRJ The commission will**~~11hf; ~~~s~t~~i?l**  Po"!o Qfl**~ol<!mber** 27. 2011 at 2:00 i==.m in the El**Pc~** RI?--**ton~~a~n~e'A'~~n~:** Sulll! SO(l. The heor- ii:g is slructured lor the receipt of oroI or written comment"! by irHerested persons. Indi'liduals may present oro 1 stote. rni!rls When caHed upon in order of**rl!'9~** istrarion. Open**di~.** cussion will nol be p.ermiNed**dUl"'ifl~** lhe hearing; how!!ver, COmmISSiOn sloH members will bi! o'lol!ohle 10 discuss the proPO.sol JO mi- nutes pr,or 1o 'he hearing. Persons Who**hov~** special Cornrnunica. tion Qr other occom. mocof)on nl:'fXls Who ora' planning to cl. hmd the Meorir>g should cantoct 5<J'ndy Wor-g, Offic,," of L09GI S'lrVlces 01 (511) 239. BC2. Re<lUesls should mode os for in advCHK& as possible. Wrirlen comments may be submined to**C~crlort~** Horn. MC 205, OffiCI! of l2-901**5en(!C~.** Texcs <;om- miSSion on Env,ron_ menIal QuoUy, P.O. 80x 1JC87, Austin, Te:((ls 73711·J087, or faxe<! to (5i1) m. j8{;8. Ele-crronic comments may be submitfed at: htto: /lwwwS.IC!Qfex**OS·90vlr'J;e~@comml nr~**  File S,ZIt re· strictJons moy ooply to comments bein9 submitted via the !!'Comments s·r.;lem. All comm&nts**~hould** relerll1ce the Pfoie-ct number thol the com' ment PlH"tains to: Rule ProieC1**~umber** 2010---a-*JII-EN lor**rh~** proPUse<j rule amendmenrs; Proj- eel Number 2011-Q26- MIS-NR lol" the- oro- pos.<d MOA; ana Pr!liKt Numb"" 2Ql1- OlD-5IP-NH: for fll;:-**propo~d** E! Paso SIP revision. Ttle comm&nr ""riod cloS«:'s OClowr J, 20 1 1.**Cop,~** 01**Ih~** proPoS<1"d rUlemal<ing con oe Qbfoif1ed Irom Ihe commission's WilO sitf at hltp ;1/w'Nw, fceo. t<:!XOs.90v/nov/rule!J prooose odoof.html. CopiOl-s -of thl pro**1,~:M,'I~P.52 ~seu** **'~j,.,** reVIS'OI!, MOA ond oPOflndl-**cp'~** can be**ObtOI~'~<I** Irom the co.mmls

- sian's**V',~b** slt& 01 hlfp ;/IwwW.fr;eo lexos.gOv/oirCJuoll/Yf Sipfelpfe!p-loleSt.prr.. For furth?r in/anno- lion, please ::ontcr;!**Pll'~r** A.**09~i,Ut!,** .Alr O\Johty D;\{ls:on, tS12}2J9_J9J7.

# • Notice ofa Public Hearing on Proposed Revisions to 30 TAC Chapter III and Revisions to the State Implementation Plan The Texas Commission on Environmental Quality (commission or TCEQ) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 111, Control ofAir Pollution from Visible Emissions and Particulate Matter, §111.147; and to the state in1plementation plan (SIP), under the requirements of lexas Health and Safety Code §382.017; Texas Government Code Chapter 2001, SubchapterB; and 40 Code ofFederal Regulations §51.102 of the United States EnvironmentalProtection Agency (EPA) regulations concel'lling SIPs. The proposed rulemaking would mnend §1l1.I47(1)(E) to remove the requirementto pave alleys attile rate of15 miles peryem; and replace it with the foHowing requirements; 1) all new alleys must be paved; 2) alleys Illay not be used for trash pickup; and 3) thc usc ofrecycled 

# • • 

# • Theproposed rulemaking wouldre ise §I06.352 torestore the requirement that any facility handling sou gas shall be located at least onequartermile from any recreational rcu 01' residence or other structure not occupied 01' used solely by th ownel' or operator ofthe facility or the owner ofthe property upon hich the facility is located, as the requiremel1t existed in §106.352 pI 01' to the )anual'y 26, 2011 amend· ment. This requirement would be dded in proposed §106.352(1)(3). The subsequent paragraphs ofsub ection (I) would be re-numbered. The proposed rulemaking would a so correct typographical errors in §106.352and the non-rule Air Qual ty StandardPermitfor Oil and Gas Handling and Production Facilities PUBLIC HEARING The commission will hold apublic hearing onthis proposal in Austin on October3,2011 at2:00 p.m. in uilding E, Room 20iS at the commission's central office located at 2100 Park 35 Circle. The hearing is structured for the receipt oforal I' written comments by interested persons. Individuals may present 0 'al statements when called upon in order ofregistration. Open discussi n will not be permitted during the hearing; however, commission sta members will be available to discuss the proposal 30 minutes prior 0 the hearing. Persons who have special comm
.cation 01' other accommodation needs who are planning to attend he hearing should contact Sandy Wong, Office ofLegal Services, a (512) 239-1802. Requests should be made as far in advance as possi Ie, PUBLIC COMMENT AND INFO Written comments may be submi ed to**M~chael** Parrish, Me 205, Office of Legal Services, Texa Commission on Envil'OnmentaJ Quality, P.O. Box 13087, Aus!' , Texas 78711-3087, or faxed to (512) 239·4808. Electronic ornments may be submitted at: http://www5.tceq.state.tx.us/rulesl omments/. File size restrictions may apply to comments being sub itted via the eComlllents system. All comments should referencethe evisionto 30 TAC §I06.352 and/or the Standard Permit under Rule rojcct Number 2011·014-106-PR. The comment period closes Octo er 3, 2011. Copies of the proposed rulemaking can be obtained fi'om tile commission's website at http://www.tceq.texas.gov/nav/rule/propose_adopt.hlml.Toinquire about the submittal ofcomments l' for further information, contact Blake Stewart, Ail' Permits Divisio ,(512) 239-6931. TRD-201103309 Robert Martinez Director, Environmental Law Divislo Texas Commission on Environment IQuality Filed: August 19, 2011

Notice ofa Public Hearing on roposed Revisions to 30 TAe Chapter 106 The Texas Commission on Enviro mental Quality (TCEQ) is providing an opportunity for public comn ent and will conductapublic hearing to receive testimony concernin the proposed amendment ofTitle 30 Texas Administrative Code (30 'rAC) §106.352, Oil and Gas Production Facilities. The hearing w I also provide an opportunity for public commenton aproposed arne ldmentto the non-rule Ail' Quality Standard Permit for Oil and Gas H ndling and Production Facilities. PROPOSED PERMIT BY RULE ND STANDARD PERMIT a frequency of at least once eery month (not to exceed 35 days between each monitoring); PE ALTY: $5,200; ENFORCEMENT COORDINATOR: Rl\iesh Ach rya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Site H, Houston, Texas 77023-1486, (713) 767-3500, (21) COMPANY: TCA IN RNATIONAL INVESTMENTS, INCORPORATED dba AI's d Mart; DOCKET NUMBER: 2011-0668-PST-E; IDENTIF : RNI01431567; LOCATION: La Grange, Fayette County; YPE OF FACILITY: convenience store with retails sales of gas ine; RULE VIOLATED: 30 TAC §334.49(a)(1) and TWC §26.34 5(d), by failing to provide proper corrosion protection for the und 'ground storage tank (UST) system; 30 TAC §334.50(b)(I)(A) and WC §26,3475(c)(I), by failing to monitor the USTs for releases a a frequency of at least once every month (not to exceed 35 days etweeneach monitoring); 30 TAC §334.72, by failing to report asus ectedrelease to the TCEQ within 24 hours ofthe discovery; and 30 T C §334.74, by failing to investigate a suspected release within 30 day ofdiscovery; PENALTY: $13,600; ENFORCEMENT COORDINA: R: Cara Windle, (512) 239-2581; REGIONAL OFFICE: 2800 So h IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929. (22) COMPANY: UHS of Tex ma, Incorporated dba Behavioral Health Center; DOCKET NU ER: 201l-0676-PST-E; IDENTIFIER: RNI01567055; LOCATIO : Sherman, Grayson County; TYPE OFFACILITY: healthcal'e; RULE VIOLATED: 30TAC §334.50(b)(2) and TWC §26.3475(b), by failin to provide release detection for the suction piping associated with th underground storage tank (UST); and 30 TAe §37.815(a) and (b), y failing to demonstrate acceptable financial assurance for taking cor ective action and forcompensatfng thirdparties forbodily**iI~** ury and ropertydamage caused by accidental releases arising floom the opera 'on ofpetroleum USTs; PENALTY: $3,000; ENFORCEMENT CO INATOR: Andrea Park, (512) 239-4575; REGIONAL OFFICE 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-580

. (23) COMPANY: Vinod Nag! db Park N Sak II; DOCKET NUMBER: 201l·0994-PST-E; IDENTI IER: RNI02462660; LOCATION: Cedar Park, Williamson County; YPE OF FACILITY: convenience store with retail sales of gasoli e; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC §26 475(c)(I), by failing to monitor underground storage tanks for I' leases at a frequency of at least once per month (not to exceed 3 days between each monitoring); PENALTY: $4,500; ENFORCE NT COORDINATOR: Raymond Marlow, P.G., (409) 899-8785; R IONAL OFFICE: 2800 South ill 35, Suite 100, Austin, Texas 7870 -5712, (512) 339-2929. TRD-201103412 Kathleen C, Decl(er Director, Litigation Division Texas Commission on Environmen Filed: August 23, 2011 

# •

INADDITION September 2, 

### 2011 36 

### TexReg 5725

# + asphalt product as defineCl in §lI1.145 and §1l1.l47(t), may be used as an alternate means ofParticulateMattercontrolfor alleys. Theproposal will also amend §1l1.l47(2) to change the sweeping frequenoy requirementfrom fourtimes peryearto threetimes peryearinthe city limits and from six timespel'weekto fourtimes perweekinthe central business district, (Rule ProjectNumber 2010-046·11l.EN) The Mcmorandum ofAgreement (MOA) betweenthe TCEQ and the City of£1,1 Paso is being revised to reflectthe alternative control measures in theproposedrulemaking and therespective responsibilities of the City ofEI Paso and the TCEQ. (ProjectNumber 2011·026·M1SNR) The proposed EI Paso SIP revision would hlcorporate the revisions to 30 TAC §1l1.147 and the revised MOA into the PMSIP. (Project Nllluber 2011.010-SlP·NR) The commission will hold apublic hearing onthis proposal inEl Paso on September27,2011 at 2:00 p.m. inthe El Paso Regional'Office, at 401 E. Franklin Avenue, Suite 560. The hearing is structured for the receiptoforal or written comments by interestedpersons. Individuals may presentoral statements whencalledupon in orderofregistration. Open discussion will not be permitted during the hearing; however, commission stall'members will be availableto discuss theproposal 30 minutes priorto the hearing. l'ersons who have special communication or other accommodation needs who are planning to attend the hearing should contact Sandy Wong, Office ofLegal Services at (512) 239·1802. Requests should be made as far in advance as possible. Written comments may be submitted to Charlotte Horn, MC 205, OlIlce of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239·4808. Electronic comments may be submitted at: IlItp:llwww5.tceq.lexas.govlrules!ecommentsl. File size restrictions may apply to comments 'being s\lbmitted via the eComments system. All comments should reference the project number that the com· ment pertains to: Rule Project Number 2010·046·111-EN for the proposed nIle amendments; Project Number 2011·026·MIS·NR for the proposed MOA; and Project Number 2011·010-SIP-NR for the proposed El Paso SIP revision. The comment period closes October 3, 2011. Copies ofthe proposed rulemaking can be obtained from the commission's website at http://www.tceq.texas.govlnavlruleslpropose_adapt.hlmt; Copies of the proposed SIP revision, MOA, and appendices can be obtained from the commission's website at http://www.lceq.texas.govlail·qualitylslplelp/elp-tatest-pm. For further information, please contact Peter A. Ogbeide, Ail' Quality Division, (512) 239·1937.

. TRD-2011 03305 Robert Martinez Director, E;nvironmental Law Division Texas Commission on Environmental Quality Flied: August 19, 2011 

# + Notice ofOpportunity to Com ent on Agreed Orders of Administrative Enforcement A tions The Texas Commission onEnviro ental Quality (TCEQ or commis· sion) staffis providing an opportll ity for written public commenton the listed Agreed Orders (AOs) in ccordance withTexas Water Code (TWC), §7.075. TWC, §7.075 re uires that before the commission may approve the AOs, the commi ion shall allow the public al1 opportunity to submit written comm nts on the proposed AOs. TWC, §7.075 requires thatnoticeoftheop Ol'tllnityto commentmustbepublished in the TexasRegisterno lat l' than tbe 30th day before the date onwhichthe publiccommentperi dcloses,which inthis caseis October3, 2011. TWC,§7,075 also re, uires thatthecommissionpromptly considerany written commellts re ived and thatthe commissioll may withdraw 01' withhold approval of nAO ifacomment discloscs facts orconsidet'ations that indicatethatconsent is inappropriate, improper, inadequate, or inconsistent with t e requirements ofthe statutes and rules within the commission'sjuri diction or the commission's orders and permitsissuedin accordance ththe commission'sregulatory authority. Additional notice ofchang sto aproposed AO is notrequired to be published ifthose changes a made inresponse to written comments. Acopy ofeach proposedAO is av Hable'fot· pubUc inspection at both thecommission's centraloffice,loc tcd at 12100Park35 Circle,Building A, 3rd Floor, Austin, Texas 78 53,(512) 239·3400 and atthe ap· plicable regional office listed as fo ows. Written comments about an AO should be sentto the attorney esignated for the AO at the cOmmission's central office at P.O. Bo 13087, MC 175, Austin, Texas 78711-3087 and must be receivedy 5:00 p.m. on October 3, 2011. Comments may also be sent by fa simile machine to the attol'lley at (512) 239·3434. The designated a orney is available to ,discuss the AO and/oi' the comment pl'Ocedure at the l.isted phone number; how· ever, TWC, §7.075provides thatco ments onanAO shall be submitted to the commission in writing. (1) COMPANY: ConocoPhiUips ompany; DOCKET NUMBER: 2011·0326·AIR-E; TCEQ ID NU BER: RNI02495884; LOCA. TlON: State Sp\1l' 119 North ncar orgel', Hutchison County; TYPE OF FACILITY: petroleum refinery RULES VIOLATED: 30 TAC §101.20(3) and §116.715(a), Flex! Ie Permit Numbers 9868A and PSDTX102M7, Special Conditions umbel' 1, and Texas Health and Safety Code (THSC), §382.085(b), y failing to preventunauthorized emissions; 30 TAC §116.615(4) an THSC, §382.085(b), by failing to submit notification for the start of construction and completion ofconstruction within 15 days of currence ofthe event; 30 TAC §1l6.615(5) and THSC, §382.085( ), by failing to submit notification prior to commencement of op ration; 30 TAG §113.1090 and §122.143(4), Federal Operating Per it (FOP) Number 01440, Gen· eral Terms and Conditions, 40 Cod ofFederal Regulations (CFR), §63.6640(a.) and THSC, §382.085 ), by failing to maintain the temperature ofthe stationaryrecipro ling internal combustion engine exhaustso the'catalystinlettemperat re is greaterthan orequal to 750 degrees Fahrenheit; 30TAC §§10l.2 (3), 116.715(a), and 122.143(4), Flexible Permit Numbers 9868A an PSDTXI02M7, Special ConditionsNumber2.B., FOPNumber014 0, SpecialTerms and Conditions Number 17.A, 40 CFR §60.l8(f)(2, and THSC, §382.085(b), by failing to monitor the pilot flame w th a thermocouple, an infrared 111onitor, or equivalentdevice; 30 T §§101.20(3), 116.715(a), and 122.143(4), Flexible Permit Numb s 9868A and PSDTXI02M7, Special Conditions Number 27, FOP Number 01440, Special Terms and Conditions Number 17.A., 40 FR §60.l04(a)(l), and THSC, §382.085(b), by failing to maintain th hydrogen sulfide concentration in the fuel gas used tofire all heaters, oilers, and tail gas incinerators below 162 parts per million by volu e; 30 TAC §122.143(4), FOP Number01440, GeneralTerms andCo ditions, 40 CFR, §63.427(a)(3) and§63.650(a), and THSC, §382.08 (b), by failing to operate and maintain a continuous monitoring sy tern capable ofmeasuring the tempel'at\1l'e ofthe thermal oxidizer; and 30 TAC §101.20(3) and §116.715(a), Flexible Pcrmit Numb s 9868A and PSDTX102M7, Special Conditions Number 1, and T SC, §382.085(b), by failing to prevent unauthorized emissions; PEN LTY: $141,925, Supplemental Environmental Project (SEP) offset mount of $70,962 applied to Texas Congress of Parents and Tea hers

- Texas Parent Teachers Association Clean School Bus Progl' m; STAFF ATTORNEY: Jeff



### 36 TexReg 

### 5726 September 

### 2, 2011 Texas RegisterBryanW. Shaw, Ph.D., Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., ExecutiveDirector



## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas byReducing andPreventing Pollution 

### Public Hearing on Proposed Revisions to 30 TAC Chapter 111 and Revisions to the State Implementation Plan


## The Texas Commission on Environmental Quality (commission orTCEQ) will conduct a public hearing to receive testimonyregarding proposedrevisions to 30 TAC Chapter 111, Control ofAir Pollutionfrom Visible Emissions and Particulate Matter, §111.147; andto the state implementation plan (SIP), underthe requirements ofTexas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102 ofthe United States Environmental ProtectionAgency (EPA) regulations concerning SIPs. The proposedrulemaking would amend §111.147(1)(E) to remove the requirementto pave alleys atthe rate of15 miles peryear, and replace itwiththe following requirements: 1) all new alleys mustbe paved; 2) alleys may notbe usedfor trash pickup; and 3) the use ofrecycled asphalt product as defined in §111.145 and §111.147(1), maybe used as an alternate means ofParticulate Matter control for alleys. The proposal will also amend §111.147(2) to change the sweeping frequency requirementfrom four times peryearto three times peryear in the citylimits andfrom sixtimes perweekto four times perweekin the centralbusiness district. (Rule ProjectNumber 2010- 046-111-EN) 

## The Memorandum ofAgreement (MOA) betweenthe TCEQ andthe City ofEl Paso is being revisedto reflectthe alternative control measures in the proposedrulemaking and the respective responsibilities ofthe City ofEl Paso andthe TCEQ. (Project Number 2011-026-MIS-NR) 

## The proposedEl Paso SIP revision would incorporate the revisions to 30 TAC §111.147 andthe revised MOAinto the PM SIP. (Project Number 2011-010-SIP-NR) 

## The commission will hold a publichearing on this proposal in El Paso on September 27, 2011 at 2:00 p.m. in the El Paso Regional Office, at401 E. 

## FranklinAvenue, Suite 560. The hearing is structuredfor the receipt oforal orwritten comments byinterested persons. Individuals maypresent oral statements when calledupon in orderof registration. Open discussion will notbe permittedduring the hearing; however, commission staffmembers will be available to discuss the proposal 30 minutes priorto the hearing. Persons who have special communication or other accommodation needs who are planningto attendthe hearing should contact SandyWong, Office ofLegal Services at (512) 239-1802. Requests shouldbe made as far in advance as possible.

·P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov Howis ourcustomer service? tceq.texas.gov/goto/customersurvey printed on recycled paper

## Written comments maybe submittedto Charlotte Horn, MC 205, Office ofLegal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, orfaxed to (512) 239-4808. Electronic comments maybe submitted at: 

## http://www5.tceq.texas.gov/rules/ecommentsj. File size restrictions may apply to comments being submittedviathe 

## eComments system. All comments shouldreference the project numberthatthe commentpertains to: Rule Project Number 2010-046-111- EN for the proposedrule amendments; ProjectNumber 2011-026-MIS-NRfor the proposed MOA; and ProjectNumber 2011-010-SIP-NRfor the proposed EI Paso SIP revision. The commentperiod closes October 3, 2011. Copies ofthe proposed rulemaking canbe obtainedfrom the commission's Web site at 

## http://www.tceq.texas.gov/nav/rules/propose_adopt.html. Copies ofthe proposed SIP revision, MOA, and appendices canbe obtainedfrom the commission's Web site at 

## http://www.tceq.texas.gov/airquality/sip/elp/elp-latest-pm. Forfurther information, please contact PeterA. 

## Ogbeide, Air Quality Division, (512) 239-1937.

### REVISIONS TO THE STATE OF TEXAS AIR QUALITY IMPLEMENTATION PLAN FORTHE CONTROL OF PARTICULATE MATTERAIR POLLUTION

EL PASO PARTICLES WITH ANAERODYNAMIC DIAMETER LESS

THAN OR EQUALTO ANOMINALTEN MICROMETERS (PMlO) 

### MODERATE NONATTAINMENTAREA



# TCEQ

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 AUSTIN, TEXAS 78711-3087



### REVISED MEMORANDUM OFAGREEMENTWITH THE CITY OF EL PASO

PROJECT NUMBER 2011-01O-SIP-NR

Proposal August 17, 2011

### Thispage intentionally leftblank

### EXECUTIVE SUMMARY The City ofEI Paso was designated nonattainmentfor the NationalAmbientAir Quality Standard (NAAQS) for particles with an aerodynamic diameterless than or equal to a nominal 10 micrometers (PMlO) 

### and classified as a moderate areaupon enactment ofthe Federal Clean AirActAmendments (FCAA) of1990. On November 15, 1991, Texas submittedto the United States Environmental ProtectionAgency (EPA) a state implementation plan (SIP) revision for the EI Paso moderate nonattainment areato demonstrate thatthe areawould attain the PMlO 

### NAAQS no laterthan December31, 1994. The international impacts provision in FCAA, §179B, provides that an area does nothave to meetthe moderate nonattainment deadline ifthe state demonstrates attainmentbutfor emissions emanating from outside the United States. Air dispersion modeling ofUnited States emissions includedinthe SIP revision indicatedthat the EI Paso nonattainment areawouldhave been in attainment in 1991, and at the 1994 deadline, butfor emissions transportedfrom Mexico. Although the area modeled attainmentwith United States emissions only, fugitive dust control measures were adopted to minimize impacts from United States sources. The 1991 SIP revision included control measures in 30 Texas Administrative Code (TAC) Chapter 111, Control ofAir Pollutionfrom Visible Emissions and Particulate Matter, SubchapterA, Division 4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots. The control measures adopted in 30 TAC §111.147 required paving as a method ofdust control in the CityofEI Paso for specifiedroads and added a requirement that alleys bepaved atthe rate of15 miles peryear. Section 111.147 also setfrequencies for street sweeping in designated sections ofthe EI Paso area. On November 5, 1991, a Memorandum ofUnderstanding (MOU) between the City ofEI Paso local government (the City) andthe Texas AirControl Board, apredecessor agency ofthe Texas Commission on Environmental Quality (TCEQ), was signedto outline the responsibilities and regulatoryrequirements forboth parties. This MOU was submitted to the EPA as Appendix Q: 

### Memorandum ofUnderstanding with the City of El Paso ofthe 1991 EI Paso PMlO 

### attainment demonstration SIP revision. On January 18, 1994, the EPApublished in the 

### Federal Register (FR) approval ofthe EI Paso PMlO 

### SIP revision, including the MOU, effective February 17, 1994 (59 FR02532). On October 9, 2001, the 1991 MOUwas replacedwith aMemorandum ofAgreement (MOA) because MOUs are typicallyused only for agreements between two state agencies and this agreementwas between an agency and a city, so an MOAwas considered more appropriate. Although the MOAwas submittedto the EPAin aletter dated February 19, 2002, it is unclear whetherthe EPAaccepted it as a SIP revision. Forthe site reporting regulatory PMlO 

### datafor all threeyears from 2007 through 2009 (Socorro AQS ID 481410057), there were no exceedances ofthe PMlO 

### 24-hourNAAQS. The inventory of unpaved alleys has decreasedfrom 66% in 1991 to 16% in 2010, with approximately 23 miles of unpaved alleys remaining. Additional city action to reduce airborne PMlO 

### has also reducedthe needto sweep streets atthe frequencies specifiedunderthe current 30 TAC §111.147 rule. The TCEQ has a concurrentlyproposed rulemaking to amend 30 TAC §111.147(1)(E) to remove the requirement for alleys in the CityofEI Paso to bepaved at the specifiedrate of15 miles per year and replace it with the following requirements: 1) all new alleys shallbe paved; 2) alleys may notbeusedfor garbage and recycling collection; and 3) reclaimed asphalt pavement maybe used as an alternate means ofparticulate mattercontrol for alleys. The proposal would also amend 30 TAC §111.147(2) to change the sweeping frequency requirementfrom four times per yearto three times peryearin the citylimits andfrom six times perweekto four times perweek in the centralbusiness district. 

### ES-l

### Revision ofthe 2001 

### MOAwith the Cityis being consideredconcurrentlywith this SIP revision to reflectthese changes to 30 

### TAC §111.147. 

### If

### approvedbythe commission, the current SIP revision wouldincorporate the revised 30 

### TAC §111.147 

### and MOAinto the El Paso PMlO 

### SIP revision.

### SECTIONV: LEGALAUTHORITY 

### General TheTexas Commission on Environmental Quality (TCEQ) has thelegal authorityto implement, maintain, and enforcethe NationalAmbientAir Quality Standards (NAAQS) andto controlthe quality ofthe state's air, including maintaining adequate visibility. Thefirst airpollution control act, known as the CleanAirActofTexas, was passedbythe Texas Legislature in 1965. In 1967, the CleanAirActofTexas was supersededby a more comprehensive statute, the Texas CleanAirAct (TCAA), found inArticle 4477-5, Vernon's Texas Civil Statutes. Thelegislature amendedthe TCAAin 1969,1971,1973,1979,1985,1987,1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, 2009, and 2011. In 1989, the TCAAwas codified as Chapter382 ofthe Texas Health and Safety Code. Originally, the TCAA stated thatthe Texas Air Control Board (TACB) is the state airpollution control agency and is the principal authorityinthe state on matters relating to the quality ofair resources. In 1991, the legislature abolishedthe TACB effective September 1, 1993, and its powers, duties, responsibilities, andfunctions were transferredto the Texas Natural Resource Conservation Commission (TNRCC). With the creation ofthe TNRCC, the authorityover air quality is found inboththe Texas Water Code (TWC) andthe TCAA. Specifically, the authority ofthe TNRCC is found inTWC, Chapters 5 and 7. Chapter 5, SubchaptersA - F, H - J, 

### and L, includethe generalprovisions, organization, and general powers and duties ofthe TNRCC, and the responsibilities and authority ofthe executive director. Chapter5 also authorizes the TNRCC to implement action when emergency conditions arise andto conducthearings. Chapter7 gives the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continued the existence ofthe TNRCC until September 1, 2013, and changed the name ofthe TNRCC to the Texas Commission on Environmental Quality (TCEQ). In 2009, the 81stTexas Legislature, during a special session, amended section 5.014 ofthe Texas Water Code, changing the expiration date of the TCEQ to September 1, 2011, unless continued in existencebythe Texas SunsetAct. In 2011, the 82ndTexas Legislature continuedthe existence ofthe TCEQ until 2023. The TCAA specifically authorizes the TCEQ to establish the level ofqualityto be maintained in the state's air andto control the quality ofthe state's airbypreparing and developing ageneral, comprehensive plan. TheTCAA, SubchaptersA - D, also authorize the TCEQ to collect information to enablethe commission to develop an inventoryofemissions; to conduct research and investigations; to enterproperty and examine records; to prescribe monitoring requirements; to institute enforcementproceedings; to enterinto contracts and execute instruments; to formulate rules; to issue orders taking into consideration factors bearing upon health, welfare, social and economic factors, andpracticability and reasonableness; to conduct hearings; to establish air quality control regions; to encourage cooperationwith citizens' groups and other agencies and political subdivisions ofthe state as well as with industries andthe federal government; and to establish and operate a system ofpermits for construction or modification offacilities. Local government authority is found in Subchapter Eofthe TCAA. Local governments have the same power as the TCEQto enterproperty and make inspections. They also may make recommendations to the commission concerning any action ofthe TCEQ that affects their territorialjurisdiction, maybring enforcement actions, and may execute cooperative agreements with the TCEQ orotherlocal governments. In addition, a cityortown may enact and enforce ordinances for the control and abatement ofair pollution not inconsistentwith the provisions of the TCAA andthe rules or orders ofthe commission.

iii

### Subchapters G and H ofthe TCAA authorize the TCEQ to establish vehicle inspection and maintenance programs in certain areas ofthe state, consistent with the requirements ofthe Federal CleanAirAct; coordinate with federal, state, andlocal transportation planning agencies to develop and implementtransportation programs and measures necessaryto attain and maintainthe NAAQS; establishgasoline volatility andlow emission diesel standards; and fund and authorizeparticipating counties to implementvehicle repair assistance, retrofit, and acceleratedvehicle retirementprograms. Applicable Law The following statutes and rules provide necessary authorityto adopt and implementthe state implementationplan (SIP). The rules listedbelowhavepreviouslybeen submitted as part ofthe SIP. Statutes All sections ofeach subchapter are included, unless otherwise noted. TEXAS HEALTH & 

### SAFETYCODE, Chapter 382 

### TEXAS WATER CODE September 1, 2009 

### September 1, 2009 

### Chapter5: Texas Natural Resource Conservation Commission SubchapterA: General Provisions Subchapter B: Organization ofthe Texas Natural Resource Conservation Commission SubchapterC: Texas Natural Resource Conservation Commission SubchapterD: General Powers and Duties ofthe Commission Subchapter E: Administrative Provisions for Commission SubchapterF: Executive Director (except §§5.225, 5.226, 5.227, 5.2275,5.231, 5.232, 

### and 5.2

### 36) 

### SubchapterH: Delegation ofHearings SubchapterI: Judicial Review SubchapterJ: Consolidated Permit Processing SubchapterL: Emergency andTemporary Orders (§§5.514, 5.5145, 

### and 5.515 

### only) SubchapterM: Environmental Permitting Procedures (§5.558 

### only) Chapter 7: Enforcement SubchapterA: General Provisions (§§7.00l, 7.002, 7.0025, 7.004, 

### and 7.005 

### only) Subchapter B: CorrectiveAction and Injunctive Relief(§7.032 

### only) SubchapterC: Administrative Penalties Subchapter D: Civil Penalties (except §7.109) 

### Subchapter E: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 

### Rules All ofthe following rules are found in 30 

### Texas Administrative Code, as ofthe following latest effective dates: Chapter 7: 

### Memoranda ofUnderstanding, §§7.110 

### and 7.119

### December 13, 1996 

### andMay 2, 2002 

### Chapter 19: 

### Electronic Reporting Chapter 35: 

### Subchapters A-C, K: Emergency andTemporary Orders and Permits; Temporary Suspension orAmendment ofPermit Conditions

iv 

### March 15, 2007


### July 20, 2006

### Chapter 39: Public Notice, §§39.201; 39.401; 39.403(a) and (b)(8)-(1O); 39-405(t)(1) and (g); 39-409; 39.411 (a), (b)(1)-(6), and (8)-(10) and (c)(1)-(6) and (d); 39.413(9), (11), (12), and (14); 39.418(a) and (b)(3) and (4); 39-419(a), (b), (d), and (e); 39.420(a), (b) and (c)(3) and (4); 39.423 (a) and (b); 39.601-39.605 Chapter 55: Requests for Reconsideration and Contested Case Hearings; Public Comment, §§55.1; 55.21(a)

- (d), (e)(2), (3), and (12), (t) 

### and (g); 55.101(a), (b), and (c)(6)

- (8); 55.103; 55.150; 55.152(a)(1), (2), and (6) and (b); 55.154; 55.156; 55.200; 55.201(a)

- (h); 55.203; 55.205; 55.209, and 55·211 Chapter 101: General Air Quality Rules Chapter 106: Permitsby Rule, SubchapterA Chapter 111: Control ofAir Pollution from Visible Emissions and Particulate Matter Chapter 112: Control ofAir Pollution from Sulfur Compounds Chapter 113: Standards ofPerformance for Hazardous Air Pollutants andfor Designated Facilities and Pollutants June 24, 2010

June 24, 2010

May 12, 2011 May 12,2011
July 19, 2006 July 16, 1997
May 14, 2009 Chapter 114: Control ofAir Pollution from MotorVehicles Chapter 115: Control ofAir Pollution from Volatile Organic Compounds Chapter 116: Permits for New Construction orModification Chapter 117: Control ofAir Pollutionfrom Nitrogen Compounds Chapter 118: Control ofAir Pollution Episodes Chapter 122: §122.122: Potential to Emit Chapter 122: §122.215: Minor Permit Revisions Chapter 122: §122.216: Applications for Minor Permit Revisions Chapter 122: §122.217: Procedures for Minor Permit Revisions December 13,2010 February 17, 2011 March 3, 2011

May 12, 2011 March 5, 2000 December 11, 2002
June 3, 2001 June 3,2001 December 11, 2002 Chapter 122: §122.218: Minor Permit Revision Procedures for Permit Revisions Involving the Use ofEconomic Incentives, Marketable Permits, and Emissions Trading

v 

### June 3,2001

### SECTIONVI: CONTROL STRATEGY 

### A. Introduction (No change) B. 

### Ozone (No change) 

### C. Particulate Matter (Revised) 1. 

### Introduction (Revised) 2. 

### PMlO 

### Group II and Group III Areas (No change) 3. PMlO 

### Group IArea (No change) 4. 1991 

### PMlO 

### SIP for ModerateArea

- El Paso (Revised) D. Carbon Monoxide (No change) 

### E. Lead (No change) F. Oxides ofNitrogen (No change) G. SulfurDioxide (No change) H. Conformitywith the National AmbientAir QualityStandards (No change) I. 

### Site Specific (No change) 

### J. Mobile Sources Strategies (No change) K. 

### CleanAirInterstate Rule (No change) L. 

### Transport (No change) M. Regional Haze (No change)

vi

### TABLE OF CONTENTS Executive Summary SectionV: LegalAuthority SectionVI: Control Strategy Table ofContents List ofAcronyms List ofTables List ofAppendices Chapter 1: 

### Introduction (Revised) 1.1 Background (New) 1.2Texas Particulate Matter History, 1970 through 1990 (Revised) 1.3 EI Paso Moderate NonattainmentArea, 1991 through 2001 (New) 1.4 EI Paso Natural Events Action Plan (New) 1.5 Current SIP Revision (New) 1.6 Public Hearing Information (New) 1.7 Social and Economic Considerations (New) 1.8 Fiscal and Manpower Resources (New) Chapter 2: 

### PMlO 

### Group II and Group III Areas (No change) Chapter 3: PMlO 

### Group IArea (No change) Chapter4: 1991 PMlO 

### SIPfor ModerateArea

- EI Paso (Revised) 4.1 Moderate Area PMlO 

### SIP Requirements (No change) 4.2 Definition ofModerateArea Boundary andAir Quality Status (No change) 4.3 Special ReceptorModeling Studies (No change) 4.4 PMlO 

### Emissions Inventory (No change) 4.5 Dispersion Modeling (No change) 4.6 Control Plans (Revised) 4.6.1 Area Source Control (Revised) 4.6.1.1 Fugitive Dust Control Measures (Revised) 4.6.1.2 Control Measures for ResidentialWood Combustion Devices (Revised) 4.6.2 Prescribed Burning Control Measures (No change) 4.6.3 Point Source Control (No change)

vii

### 4.6-4 Reasonable Further Progress (No change) 4.6.5 ContingencyMeasures (No change) 4.6.6 Test Methods (No change) 4.6.7 Revisions ofTCEQ Rules and Regulations (Revised) 4.6.7.1 Revisions Effective February 12, 1992 (Revised) 4.6.7.2 Current Revisions (New)

viii

### AQS CFR EPA FCAA FR MOA MOU NAAQS NEAP 

### PM

PMlO


### RACM RAP RWCD SIP TAC TACB TCAA TCEQ TNRCC TSP TWC**~g/m3** 

### LIST OFACRONYMS 

### Air Quality System Code ofFederal Regulations United States Environmental ProtectionAgency Federal CleanAirAct FederalRegister Memorandum ofAgreement Memorandum ofUnderstanding NationalAmbientAir Quality Standards Natural EventsAction Plan Particulate matter Particles with an aerodynamic diameterless than orequal to a nominal 2.5 

### micrometers; orparticulate matter of2.5 

### microns orless; orfine particulate matter Particles with an aerodynamic diameterless than orequal to a nominal 10 

### micrometers; orparticulate matter of 10 

### microns orless; or coarse particulate matter ReasonablyAvailable Control Measures Reclaimed asphaltpavement Residential wood combustion device State Implementation Plan Texas Administrative Code Texas Air Control Board Texas CleanAirAct Texas Commission on Environmental Quality (commission) Texas Natural Resource Conservation Commission Total suspendedparticles Texas WaterCode Micrograms percubic meter

ix

### Table 1-1: 

### Public Hearing InformationLIST OF TABLES



### x

### Appendix AppendixA-Q AppendixR Appendix S 

### LIST OFAPPENDICES Appendix Name (No Change) City ofEl Paso AlleyInformation Draft Revised Memorandum ofAgreement with the City ofEl Paso (Project No. 2011-026-MIS-NR)

xi

### CHAPTER 1: 

### INTRODUCTION (REVISED)

1.1 

### BACKGROUND (NEW) 

### The Historyofthe Texas State Implementation Plan, a comprehensive overview ofthe state implementation plan (SIP) revisions submittedto the United States Environmental Protection Agency (EPA) bythe State ofTexas, is available onthe Introduction to the SIP Web page (http://www.tceq.texas.gov/airquality/sipintro.html#History) on the Texas Commission on Environmental Quality CTCEQ) Web site (http://www.tceq.texas.govj). 1.2 TEXAS PARTICULATE MATTERHISTORY, 1970 THROUGH 1990 (REVISED) 

### In 1970, the Federal CleanAirAct (FCAA) requiredthe EPAto establish andperiodicallyrevise NationalAmbientAir Quality Standards (NAAQS). The NAAQS for particulate matter (PM), measured as total suspendedparticles (TSP), was promulgated in 1971. In 1987, the EPApromulgated a newparticulateNAAQS. The new standard replacedTSP with particles with an aerodynamic diameterless than or equal to a nominal 10 

### micrometers (PMlO). 

### The 24-hour PMlO 

### NAAQS was 150 micrograms percubic meter (llg/m3), not to be exceeded more than once peryear averaged over a three-yearperiod. The annual PMlO 

### NAAQS was 50 Ilg/m3 calculated as the arithmetic mean of24-hour concentrations. Also in 1987, the EPApublished a

### FederalRegisternotice categorizing areas in the countryinto three groupsbasedon the probabilitythat an area wouldviolate the PM lO 

### NAAQS. Areas with 95% or greaterprobability ofviolating the NAAQS were classified as Group I. Areas where the probability ofnonattainment was estimated at greaterthan 20%, butless than 95%, were classified as Group II. Areas with alow probability ofnonattainment (less than 20%) were classified as Group III. Based onthese classifications, the EPAidentified EI Paso as a Group I area and Harris, Dallas, Nueces, and LubbockCounties as Group II areas. All otherTexas counties were designated as Group III areas. In response to these designations, the Texas Air Control Board (TACB), a predecessor agency ofthe TCEQ, submitted Group II and III SIP revisions to the EPAin July 1988. Because ofthe unique issues arising from the international nature ofthe PMlO 

### problemin EI Paso, the EPA allowedthe TACB to submit an "Interim SIP" for that area inAugust 1989. In accordance with the EPA's guidelines, the SIP contained information on several issues, including a commitmentto workwith the EPAto continue studies to characterize the nature ofthe PMlO

### being transported into EI Paso from the CiudadJuarez (Juarez), Mexico area. Qn November 15, 1990, new FCAA amendments were enacted. The 1990 FCAA amendments specified that all former Group I areas and any areas violating the PMlO 

### NAAQS priorto January 1, 1989, were to be designated as nonattainment. The 1990FCAAamendments defined two nonattainment categories: moderate and serious. All PMlO 

### nonattainment areas were initially classified as moderate at the time ofenactment ofthe 1990 FCAA amendments, andfor these areas, an attainment date ofDecember31, 1994, was established. The 1990 FCAA amendments further requiredthat all areas whichhad attainedthe PMlO 

### NAAQS bythe time ofenactmentbe designatedbythe EPA as unclassifiable. According to the EPA, EI Paso and Lubbockwere the only areas inTexas that had not attained the PMlO 

### NAAQS bythe time ofenactment ofthe 1990 FCAA amendments and, thus, were designated as moderate nonattainment areas. InApril 1991, the TACB petitionedthe EPAto reclassify Lubbock as unclassifiable, asserting that the PMlO 

### concentrations which indicatedthe areato be in violation ofthe PMlO 

### NAAQS were causedby dust storms. TheTACB maintained that dust storms are exceptional events, and, as such, should notbe considered in the

1-1

### nonattainment designationprocess. OnAugust 8, 1991, the EPApublished a

### FederalRegister notice reclassifying Lubbock as unclassifiablefor PM lO• 

### 1.3 EL PASO MODERATE NONATTAINMENTAREA, 1991 

### THROUGH 2001 

### (NEW) 

### The City ofEI Paso was designated nonattainmentfor the PMlO 

### NAAQS and classified as a moderate nonattainment areaupon enactment ofthe 1990 FCAAAmendments. On November 15, 1991, Texas submitted to the EPA a SIP revisionfor the EI Paso moderate nonattainment areato demonstrate thatthe areawould attain the PM lO 

### NAAQS no laterthan December31, 1994. This revision included airquality and meteorological analyses, including datafrom a special December 1990 studythat demonstratedthe international scope ofthe PMlO 

### air quality problemin EI Paso. Air dispersion modeling ofUnited States emissions indicatedthat the nonattainment area wouldhavebeen in attainmentin 1991, and atthe 1994 deadline, ifnotfor emissions transportedfrom outside the United States. Although the area modeled attainmentwith United States emissions only, the TACB adopted fugitive dust control measures to minimize impacts from United States sources. The international impacts provision in FCAA, §179B, provides that an area does nothave to meet the moderate nonattainment deadline ifthe state demonstrates attainmentbutfor emissions emanating from outsidethe United States. Based onthis provision, the TACB determinedthat there shouldbe no requirement for a Reasonable Further Progress demonstrationforthe EI Paso SIP revision. Also, due to lackofadequate information regarding the relative contribution ofEI Paso andJuarez to the problem inthe shared airbasin, no contingencyplan was included in the SIPrevision. The 1991 SIP revision included PM control measures in 30 Texas Administrative Code (TAC) Chapter 111, Control ofAir Pollution from Visible Emissions and Particulate Matter, Subchapter A, Division 4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots. The control measures adoptedin 30 TAC §111.147 requiredpaving as amethod ofdust control in the EI Paso area for specifiedroads and added arequirementthat alleys be paved at the rate of15 miles peryear. Section 111.147 also setfrequencies for street sweeping in designated sections of the EI Paso area. On November 5,1991, a Memorandum ofUnderstanding (MOU) betweenthe City ofEI Paso local government (the City) and the TACB was signedto outlinethe responsibilities and regulatory requirements forboth parties. This MOU was submittedto the EPA as Appendix Q: 

### Memorandum ofUnderstanding with the City of El Paso ofthe 1991 EI Paso PM lO 

### attainment demonstration SIP revision. On January 18,1994, the EPApublished in the 

### FederalRegister(FR) approval ofthe EI Paso PMlO 

### SIP revision, including the MOU, effective February 17,1994 (59 FR 02532). On October 9, 2001, the 1991 MOU was replaced with a Memorandum ofAgreement (MOA). Because MOUs are typically used onlyfor agreements between two state agencies, andthis agreementwas between an agency and a city, an MOAwas considered more appropriate. Although the MOAwas submittedto the EPAin aletter dated February 19,2002, it is unclear whetherthe EPA accepted it as a SIP revision. 1.4 EL PASO NATURAL EVENTS ACTION PLAN (NEW) 

### On February 21, 2007, in response to uncontrollable exceedances ofthe PM lO 

### NAAQS causedby natural events, the TCEQ, in conjunctionwith the CityofEI Paso, the

### JointAdvisory Committee for theImprovementof AirQuality in the CiudadJuarez, Chihuahua, ElPaso, Texas, and DonaAna County, NewMexicoAirBasin, and community stakeholders, adopted a Natural Events Action Plan (NEAP) for EI Paso County. The EI Paso NEAP is a planfor managing the exceedances ofthe PM standards that canbe attributedto uncontrollable natural events such as
1-2

### unusuallyhigh winds. The NEAP includes documentation and analysis ofthe PM monitoring data, descriptions oflocal public outreach programs, and steps to limitpublic exposure to PM emissions during natural events episodes. The NEAP describes the requirements for flagging of high PM days due to natural events, to allowfor removal ofthose days when calculating the area's design value. 1.5 CURRENT SIP REVISION (NEW) Forthe site reporting regulatory PMlO 

### datafor all threeyears from 2007 through 2009 (Socorro AQS ID 481410057), there were no exceedances ofthe PMlO 

### 24-hourNAAQS. The inventory of unpaved alleys has decreasedfrom 66% in 1991 to 16% in 2010, with approximately 23 miles of unpaved alleys remaining. City action to reduce airborne PMlO 

### has also reducedthe needto sweep streets atthe frequencies specified underthe current 30 TAC §111.147 rule. Details regarding the CityofEI Paso paved alley inventorycanbe found inAppendix R: 

### City of ElPaso Alley Information. TheTCEQhas a separateproposedrulemaking to amend 30 TAC §111.147(1)(E) to remove the requirementfor alleys inthe City ofEI Paso to bepaved at the specified rate of15 miles peryear and replace itwith the following requirements:

• all new alleys mustbepaved;

• alleys may notbe usedfor garbage and recycling collection; and

• reclaimed asphalt pavement (RAP) maybe used as an alternate means ofPM control for alleys. The proposal would also amend 30 TAC §111.147(2) to change the sweeping frequency requirement from four times peryearto three times peryearin the citylimits and from six times perweekto four times perweekin the centralbusiness district. The Cityhas demonstrated that the unpaved alley inventorywill not increase due to a city ordinancethat requires developers to pave any new alleys. Furthermore, alleys have notbeen usedfor garbage collection since 1997, so the traffic in alleys has been dramaticallyreduced. Finally, RAP has been usedto cover someunpaved alleys, which has provento be as effective as paving to control PM emissions. In addition, the City continues to includepaving and sweeping in its annual budget. Additional information regarding the FCAA, §110(l) demonstration for these rule amendments canbe found in the preambleto the 30 TAC §111.147 proposed rulemaking accompanying this SIP revision. The 2001 MOAwith the Citywouldbe revised to reflect these changes to 30 TAC §111.147. The current SIP revision wouldincorporate the revised MOAinto the EI Paso PM lO 

### SIP. Adraft of the revised MOAcanbe found inAppendix S: 

### DraftRevisedMemorandum of Agreementwith the City of ElPaso (Project No. 2011-026-MIS-NR). 1.6 PUBLIC HEARING INFORMATION (NEW) The commission will hold a public hearing forthis proposed SIP revision and associated rulemaking at the following time andlocation:

1-3

### Table 1-1: 

### Public Hearing Information City Date Time Location September 27, EI Paso State Office Building EI Paso, Texas 2:00 p.m., MST 401 E. Franklin Ave., Room 570 2011 EI Paso, Texas 79901



### Written comments will be acceptedvia mail, fax, orthrough the eComments (http://www5.tceq.texas.gov/rules/ecomments/) system. All comments should reference "the EI Paso MOA SIP Revision" and Project Number 2011-01O-SIP-NR. Comments maybe submitted to ShelleyNaik, MC 206, State Implementation Plan Team, ChiefEngineer's Office, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 orfaxed to (512) 239-5687. Electronic comments maybe submittedthrough the eComments system. File size restrictions may applyto comments being submittedvia the eComments system. Comments mustbe receivedby October 3, 2011, at 5:00 p.m. An electronic version ofthis proposed SIP revision and appendices canbe found atthe TCEQ's SIP HotTopics (http://www.tceq.texas.gov/airquality/sip/Hottop.html) Web page.
1.7 

### SOCIALAND ECONOMIC CONSIDERATIONS (NEW) For a detailed explanation ofthe social and economic issues involved with the revised 30 TAC §111.147, please referto the preamble thatprecedes the rule package accompanying this SIP revision. 

### 1.8 FISCALAND MANPOWERRESOURCES (NEW) The state has determined that its fiscal and manpower resources are adequate andwould notbe adversely affected through implementation ofthis plan.

1-4

### CHAPTER 2: 

### PMlO 

### GROUP II AND GROUP III AREAS (NO CHANGE)

2-1

### CHAPTER3: PMlO 

### GROUP I AREA (NO CHANGE)

3-1

### CHAPTER4: 1991 PMlO 

### SIP FORMODERATE AREA

- EL PASO (REVISED) 4.1 MODERATE AREA PM lO 

### SIP REQUIREMENTS (NO CHANGE) 4.2 DEFINITION OF MODERATE AREABOUNDARYAND AIR QUALITY STATUS (NO CHANGE) 4.3 SPECIALRECEPTORMODELING STUDIES (NO CHANGE) 4.4 PM lO 

### EMISSIONS INVENTORY (NO CHANGE) 4.5 DISPERSION MODELING (NO CHANGE) 4.6 CONTROL PLANS (REVISED) 

### The dispersion modeling performedwith the EI Paso Countyparticles with an aerodynamic diameterless than or equal to a nominal 10 

### micrometers (PMlO) 

### emissions inventoryforthe 1991 

### EI Paso PMlO 

### State Implementation Plan (SIP) reviSion indicatedthat the designated El Paso PMlO 

### nonattainment area wouldbe in attainment ofthe NAAQS bythe 1994 

### attainment deadline based on United States emissions alone. Analyses ofthe spatialtrends in PMlO 

### concentrations, along with trajectory analyses, provided strong evidencethat PMlO 

### concentrations measuredin EI Paso are influencedby emissions from CiudadJuarez, Mexico. However, the Texas Air Control Board (TACB) adopted several new orenhanced control measures to help minimize PMlO 

### impacts from EI Paso sources. Those control measures reflectedthe requirements for ReasonablyAvailable Control Measures (RACM) and Reasonably Available Control Technology specified in the United States Environmental ProtectionAgency (EPA) April 2, 1991, 

### PMlOModerateArea SIP Guidance: FinalStaffWorkProducu 4.6.1 Area Source Control (Revised) 

### The 1990 

### emissions inventory establishedthat area sources are clearlyEI Paso's most significant source ofPM lO• 

### In accordance with the United States Environmental ProtectionAgency (EPA) guidance on RACM, fugitive dust control measures, residential wood combustion control measures, andprescribedburning control measure were reviewedfor the 1991 

### EI Paso PMlO 

### SIP revision. Many ofthe prescribed control measures were previously adoptedin TACB Regulation I and were requiredto be effective as soon as possible, but no laterthan December 31, 1991. 

### All control measures were evaluatedfor their appropriateness in El Paso, andwhere control or additional control was deemed reasonable, revisions to the TACB regulations were made. Control requirements were extendedto include Fort Bliss Military Reservation, exceptfor tactical training areas, bymodification of30 

### Texas Administrative Code (TAC) §U1.141, 

### concerning GeographicAreas ofApplication and Date ofCompliance, effective February 12, 1992. 4.6.1.1 

### Fugitive Dust Control Measures (Revised) All reasonable fugitive dust control measures forthe City ofEI Paso, including items on the EPA's List ofAvailable Control Measures, were reviewed as part ofthe 1991 

### EI Paso PMlO 

### SIP revision. Control offugitive dust inthe CityofEI Paso is clearlylinkedto the control of reentrained dust from vehicle traffic. Regulations requiring reasonable controls were adopted effectiveJuly 18,1989. 

### Forthe 1991 

### EI Paso PMlO 

### SIP revision, some ofthe rules were amended to be effective February 12, 1992, 

### to expand applicability andto enhance effectiveness, as follows:

1 EPA, PM-lO ModerateArea SIP Guidance: Final StaffWorkProduct, memorandum from John Calcagni, 2 April 1991. 

### 4-1

### • 30 TAC §111.145, concerning Construction and Demolition, was expandedto add a requirementfor EI Paso forpaving or otherwise stabilizing construction and/or demolition access roads and eliminatedthe existing exemption for small construction and demolition sites.

• 30 TAC §111.147, concerning Roads, Streets, andAlleys was modified to require paving as the only acceptable method ofdust control in EI Paso for specifiedroads and added a requirement that alleys be paved atthe rate of15 miles peryear. Section 111.147was also expandedto require that all levee roads and access to such roads bepaved orchemically stabilized, and to require removal ofsoilbymechanical sweepers ortheirequivalentfrom all pavedpublic streets atleastfour times peryearwithinthe EI Paso citylimits and up to six times perweekin the centralbusiness district. The rule requires spot cleaning ofvisiblydirty 

### road areas and removal ofsand usedfor snow and ice control in the City ofEl Paso. Records mustbe maintainedto documentthe sweeping activities. These requirements were needed to enhance the feasible dust control measures for paved roads in EI Paso. The executive director andthe EPAwere also given the option ofgranting 

### a waiverfrom paving requirements for industrial roadways, providedthe roadway owner can demonstrate that the cost ofpaving is economicallyunreasonable comparedto otherforms ofdust control specifiedin 30 TAC §111.147(l). All otherfugitive dust control measures were determinedto be sufficientlyaddressedbythe existing regulations orwere considered inappropriatefor the EI Paso areabecause ofde 

### minimis emissions ortechnological or economical infeasibility. Specific details ofthis analysis were included inAppendix N: 

### Evaluation of AvailableFugitiveDustControlMeasures ofthe 1991 EI Paso PM lO 

### attainment demonstration SIP revision. On November 5,1991, a Memorandum ofDnderstanding (MOD) between the City ofEI Paso local government (the City) andthe TACB was signedto outline the responsibilities and regulatory requirements forboth parties. This MOD was submittedto the EPA as Appendix Q: 

### Memorandum ofUnderstanding with the City of ElPaso ofthe 1991 EI Paso PMlO 

### attainment demonstration SIP revision. On October 9, 2001, the 1991 MOD was replaced with a Memorandum ofAgreement (MOA). BecauseMODs are typically used onlyfor agreements betweentwo state agencies, and this agreement was between an agency and a city, an MOAwas considered more appropriate. Although the MOAwas submitted to the EPAin a letter dated February 19, 2002, itis unclearwhetheritwas formally adopted as a SIP revision. Forthe site reporting regulatory PMlO 

### datafor all three years from 2007 through 2009 (Socorro AQS ID 481410057), there were no exceedances ofthe PM lO 

### 24-hourNAAQS. The inventory of unpaved alleys has decreased from 66% in 1991 to 16% in 2010, with approximately 23 miles of unpaved alleys remaining. Additional city action to reduce airborne PMlO

### has also reduced the needto sweep streets atthe frequencies specifiedunderthe current 30 TAC §111.147 rule. Details regarding the CityofEI Paso paved alley inventorycanbe found inAppendix R: 

### City of ElPasoAlleyInformation. The TCEQ has a concurrentlyproposed rulemaking to amend 30 TAC §111.147(1)(E) to remove the requirementfor the City ofEI Paso to pave alleys at the specified rate of15 miles peryear and replace itwith the following requirements:

• all new alleys mustbepaved;

• alleys may notbe usedfor garbage and recycling collection; and

4-2

### • reclaimed asphaltpavement (RAP) maybeused as an alternate means ofPM control for alleys. Theproposal would also amend 30 

### TAC §111.147(2) 

### to changethe sweeping frequency requirement from fourtimes peryearto three times peryear in the citylimits andfrom six times perweekto four times perweekinthe centralbusiness district. The Cityhas demonstratedthatthe unpaved alleyinventorywill not increase due to a city ordinance that requires developers to pave any new alleys. Furthermore, alleys have notbeen usedfor garbage collection since 1997, 

### so the traffic in alleys has been dramatically reduced. Finally, RAP has been usedto cover someunpaved alleys, which has proven to be as effective as paving to control PM emissions. In addition, the Citycontinues to include paving and sweeping in its annual budget. Additional information regarding the FCAA, §110(l) 

### demonstrationfor these rule amendments canbe found in the preambleto the 30 

### TAC §111.147 

### proposed rulemaking accompanying this SIP revision. The 2001 

### MOAwith the Citywouldbe revisedto reflect these changes to 30 

### TAC §111.147. 

### The current SIP revision wouldincorporatethe revised MOAinto the EI Paso PM lO 

### SIP. Adraft of the revised MOA canbe found inAppendix S: 

### DraftRevisedMemorandum of Agreementwith the City of ElPaso (ProjectNo. 2011-026-MIS-NR).
4.6.1.2 

### Control Measures for ResidentialWood Combustion Devices (Revised) All reasonable control measures for residential wood combustion devices (RWCDs) in the City of El Paso, including items on the EPA's List ofAvailable Control Measures, were reviewed as part ofthe 1991 

### EI Paso PM lO 

### SIP. The evaluation ofthese control measures considered the fact that emissions from RWCDs in El Paso are 

### de minimis.
As 

### discussed in the evaluation ofthe EPA's List ofAvailable Control Measures, manyofthese control measures could notbepromulgatedbecausethe legislative authorityto impose taxes or to require local agencies to impose taxes is lacking. Rules for an episodic curtailmentprogram were added to 30 

### TAC §111.111(C), 

### concerning Solid Fuel Heating Devices. These rules apply in the El Paso and Fort Bliss Military Reservation. TheTACB rules are similarto an EI Paso ordinance in that applicabilityextends to all residential solid fuel heating devices, ratherthan RWCDs only. These rules exceededthe EPArequirements for such aprogram. TheTACB worked with the City ofEI Paso to establish an effective public information programto facilitate compliance with the rules. All otherevaluated control measures were considered inappropriate for the EI Paso areabecause of

### de minimis emissions from these sources. As inthe case offugitive dust control measures, the November 5, 1991, 

### MOD between the City andthe TACB served as the basis for defining the division ofresponsibility and commitments to carry outthe provisions of30 

### TAC §111.111, 

### concerning Solid Fuel Heating Devices. The revised MOAwith the Cityto reflect the changes to 30 

### TAC §111.147 

### would also include the 30 

### TAC §111.111 

### provisions. Adraft ofthe revised MOAcanbefound inAppendix S: 

### DraftRevised Memorandum of Agreementwith the City of ElPaso (ProjectNo. 2011-026-MIS-NR).

4-3

### 4.6.2 Prescribed Burning Control Measures (No change) 4.6.3 Point Source Control (No change) 4.6.4 Reasonable FurtherProgress (No change) 4.6.5 ContingencyMeasures (No change) 4.6.6 TestMethods (No change) 4.6.7 Revisions ofTCEQ Rules and Regulations (Revised) 4.6.7.1 Revisions Effective February 12, 1992 (Revised) In accordance with 40 Code ofFederal Regulations (CFR) Part 51, Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, the TACB revised Regulation I, Control ofAir Pollutionfrom Visible Emissions and Particulate Matter, to incorporate rules to supportthe provisions ofthe 1991 El Paso PM lO 

### SIP revision. Specifically, the TACB adopted the following rule revisions:

• 30 TAC §111.111, concerningVisible Emissions, added a subsectionthatprohibits the use of solidfuel heating devices during periods ofstagnation withinthe CityofEl Paso, including the Fort Bliss Military Reservation. The revision also contained exemptions forburn down periods, that is, periods oftime not to exceedthree hours for the cessation ofcombustion within the device, forbuildings where the solid fuel heating device is the sole source ofheat, andfor periods oftemporarypowerloss within the building.

• 30 TAC §111.141, concerning GeographicAreas ofApplication and Date ofCompliance, addedthe Fort Bliss Military Reservation, exceptfor tactical training areas, to the El Paso geographic areabeing addressedin the rules and added a separate compliance date of December 10,1993, for the new controls being proposedin accordance with the EPA's 

### PM lO 

### ModerateArea SIP Guidance: FinalStaffWorkProduct, April 2, 1991.

• 30 TAC §111.145, concerning Construction and Demolition, added a requirement for El Paso forpaving orotherwise stabilizing construction and/or demolition access roads and eliminatedthe exemption for small construction and demolition sites.

• 30 TAC §111.147, concerning Roads, Streets, andAlleys added a notation that, within the City ofEl Paso, paving is the only acceptable method ofdust controlfor specifiedroads; added a requirement that city alleys be paved at the rate of15 miles peryear; added a requirement that all levee roads and access to such roads be paved or chemically stabilized; gave the executive director andthe EPAthe option ofgranting a waiverfrom paving requirements for industrial roadways, providedthe roadway owner can demonstrate that the cost ofpaving is economicallyunreasonable compared to otherforms ofdust control specified in 30 TAC §111.147(l); deletedthe exemption for removal ofsand applied onpublic thoroughfares for snow orice controls; and added specific street sweeping and recordkeeping requirements. 4.6.7.2 Current Revisions (New) TheTCEQ has a separateproposed rulemaking to amend 30 TAC §111.147(1)(E) to remove the requirement for the City ofEl Paso to pave alleys at the specifiedrate of15 miles peryear and replace itwith the following requirements:

• all new alleys mustbe paved;

• alleys may notbe used for garbage and recycling collection; and

4-4

### • RAP maybe used as an alternate means ofPM controlfor alleys. Theproposal would also amend 30 

### TAC §111.147(2) 

### to change the sweeping frequency requirementfrom four times peryearto three times peryearin the citylimits andfrom sixtimes perweekto fourtimes perweekin the centralbusiness district. The Cityhas demonstratedthatthe unpaved alley inventorywill not increase due to a city ordinance that requires developers to pave any new alleys. Furthermore, alleys have notbeen usedfor garbage collection since 1997, 

### so the traffic in alleys has been dramaticallyreduced. Finally, RAP has beenusedto cover someunpaved alleys, whichhas provento be as effective as paving to control PM emissions. In addition, the Citycontinues to includepaving and sweeping in its annual budget. Additional information regarding the FCAA, §110(1) 

### demonstration for these rule amendments canbe found inthe preamble to the 30 

### TAC §111.147

### proposed rulemaking accompanying this SIP revision.

4-5

### APPENDIX R: CITY OF EL PASO ALLEYINFORMATION

### INFORMATION RECEIVED FROM THE CITY OF EL PASO 

### The Texas Commission on Environmental Quality (TCEQ) received a letter datedJuly 19, 2010, 

### from the City of

### EI Paso Environmental Services Departmentthat included information pertaining to particulate matterreduction measures thathavebeen implementedinthe Cityof 

### EI Paso. The relevant alley information is includedin this Appendix.

• Alley Paving Costs and Current/Future Plans



### • EI Paso City Ordinances and Standards

• ReclaimedAsphalt Pavement (RAP) Information

### SERVICE SOLUTIONS SUCCESS



### DearMs. 

### Naik:

ENVIRONMENTAL 

### SERVICES DEPARTMENT 

# L 

# l Ellen Smyth, P.E. Director Please find the attached informationpertaining to reductionmeasures whichhave been implemented in El Paso Texas. This information is in response to ourmeeting ofJune 3, 2010 and subsequent communications, in which you requested specific information outlining the measures thathave been implementedto reduce the ambient air concentrations of PM-10. The attached table outlines yourrequests and refers to the applicable attachment for supporting information. Dedicated to Outstanding CustomerService fora BetterCommunity



### July 19, 2010

RE: City ofEl Paso, PM-I0 reduction measures Ms. ShelleyNaik El Paso SIP ProjectManager Texas Commission on Environmental Quality MC-206, P. O. Box 13087 J\ustin, T)C 78711-3087



### I hope you find the enclosedinformationto be sufficient, ifyourequire additional information please contactMiguel Parra, P.E. at 915-599-6235.

EIPaso 

## bed 

# iijir

2010 7968 SANPAULO, ELPASO, TEXAS 79907·915·621·6700' FAX 915·621·6711

. WWW.ELPASOTEXAS.GOV

### ALLEYPAVING COSTS AND CURRENT/FUTURE PLANS 

### Alleyinventory andprojectbudgetinformation receivedbythe TCEQ Qualityfrom the City ofEl Paso Environmental Services Departmentinletter datedJuly 19, 2010.

### ...... .. . 

### .. : Project Square Miles. Project. Budget Average Yards ' SY Cost'
Phase I 120.069 9.37 $ 3.345,893.51 $ 27.87 2005-2007

Phasall 32,181 2.72 $ 911.020.52 $ 28.31 2008-2009
Phase III 14,919 1.26 $ 496,508.50 $ '33.28 2009-2010 Phase IV 12,860 1,27 $ 552,805.00 $ 42.99

2010 ·'Alley

. ." Surface Alley Count Square Yards Miles

Tvne ' Double Penetratio 

### 693 36% 604.045 37% 52 37% n Pavino' Hot Mix Asphalt 609 37% 542,967 33% 47 33% Pavina Recycled Asphalt 214 13% 225;082 14% 20 14% Surface

- Unpaved 252 15% 251,577 15% 23 16%

: Totals 1,668 1,623,671 142

### EL PASO CITY ORDINANCES AND STANDARDS El Paso, Texas, Code ofOrdinances, Title 19

- 

### Subdivisions, Article 2

- 

### Subdivision Standards, Chapter 19.15

- 

### Roadways, Sections 19.15.020

- 

### SubdividerResponsibility and 19.15.160

- 

### Alleys. Reprintedfrom the Municipal Code Library (http://www.municode.comj). City ofEl Paso Design Standards for ConstructionforAlleys receivedbythe Texas Commission on Environmental Qualityfrom the City ofEl Paso Environmental Services Department in a letter datedJuly 19, 2010.

### 19.15.020 • Subdivider responsibility. 

### A. Safety, Convenience, Functionality. Proposed roads serving new development shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall conform to the applicable master thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. New developments shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation as determined by staff and/or a traffic impact analysis. B. Streets, Generally. All streets, including curb and gutter improvements, sidewalks, and required infrastructure shall be provided by and at the expense of the subdivider, subject to the rough proportionality provisions of this title. The subdivider shall dedicate all rights-of-way in accordance with subsection C of this section. The subdivider shall install streets at all locations and in accordance with all standards required by this title. 1. The subdivider shall pay the cost of all such improvements, except as follows:

a. Arterial Streets and Collectors Within Subdivision Boundaries. If the right-of-way for any arterial or collector street lies entirely within the boundaries of any subdivision or portion thereof, the city shall have the option of designing the arterial or collector and/or of being responsible for awarding the contract for construction of required improvements, or allowing the subdivider to arrange for the construction of such arterial provided developer/city participation is in accordance with state bidding statutes. The subdivider shall deposit his share of construction costs with the city prior to award of the contract. The subdivider's share shall include the cost of pavement, curb and gutter, and sidewalks for a street thirty-six feet wide or the roughly proportional share as determined by a TIA. b. Arterial and Collector Streets Bordering Subdivision Boundaries. If the right-of-way of any arterial or collector street forms part of the subdivision boundary, the subdivider shall dedicate the right-of-way and either improve the street in conformance with this title and Section 19.10.050 or contribute to the city an amount of money equal to that necessary to improve the street in conformance with this title and Section 19.10.050. All money received from subdividers for improving boundary streets shall be deposited in an appropriate fund(s) of the city. When the city council resolves to design and improve a bounding arterial or collector street to standards appropriate to its use, then the assessment fund or similar funds shall be utilized in payment of necessary construction costs.
c. Improving State or Federally Owned Right-of-Way. If the right-of-way for any thoroughfare owned by the state or federal government lies within or adjacent to the subdivision, the subdivider shall not be required to pave any portion of it. The subdivider shall, however, arrange to construct or contribute to the city an amount of money equal to that necessary to furnish curb and gutter and sidewalk improvements to any state- or federally-owned arterial lying within or adjacent to the subdivision, if adequate improvements do not already exist but are determined to be necessary within the next ten years and are not funded by others. The developer may also be required, based on the TIA, to contribute their rough proportional share of additional frontage road lanes, acceleration or deceleration lanes or bus turnouts. Funds shall be deposited and disposed of in a fashion similar to that described in the preceding paragraph (1)(b) of this subsection, concerning improvements to

### arterial streets bordering subdivision boundaries. 2. Existing Boundary Streets for Small Subdivisions. If the right-of-way of an existing street forms part of the boundary for a subdivision meeting all of the following conditions, the subdivider shall have the option to make the contribution to the city for the cost of required street improvements, as determined by the City Manager or designee. 3. Alleys. Where provided, alleys shall be installed and improved in accordance with all standards required by this title and the DSC. Alleys shall be provided by and at the expense of the subdivider. (Ord. 16882 § 2 (part), 2008) (Ord. No. 17236, §27, 11-10-2009; Ord. No. 17251, §9, 12-15-2009)

### 19.15.160 • Alleys. 

### A. Required. The dedication of alleys shall be optional in all subdivisions, except where alleys must be dedicated as direct continuations or extensions of alleys existing in adjacent subdivisions. Such continuations shall be extended in the same alignment as evident from adjacent lots in the existing subdivision, except where an existing alley is less than sixteen feet wide. In that case, additional land shall be dedicated so as to form an alley at least sixteen feet wide. 8. Existing Subdivisions with Alleys. Where lots are subdivided or resubdivided adjacent to or within subdivisions already having alleys, the alley must be improved only to the same extent as may be evident from the existing alley. Where lots are subdivided as continuations of existing subdivisions already having alleys, alleys in the new subdivision shall be improved only to the same standards as those existing alleys, all the way to the first street intersection. Thereafter, if alleys are required or desired, they should conform to standards for alley dedication and improvement set forth in subsection C below. C. Alley ROWand Paving Widths. 1. Alley ROW's in commercial, industrial, and multiple-family residential districts (including townhouses and patio homes where rear automobile access is intended) must be a minimum width of twenty-eight feet. Twenty-four feet of the minimum width must be surfaced in accordance with the DSC. 2. Alley ROW's in subdivisions, or portions thereof, proposed for single-family residential use must be a minimum width of sixteen feet. Sixteen feet of the minimum width must be surfaced in accordance with the DSC. D. General Requirements. 1. Alleys shall be as nearly parallel to the street frontage as reasonably possible. 2. Alley intersections with streets shall be as close to right angles (ninety degrees) as practical. 3. Where two alleys intersect or turn at an angle, a corner clip of not less than ten feet from the normal intersection of the property line shall be provided along each property line. 4. If alleys are not straight within each block or do not connect on a straight course with alleys on adjoining blocks, an easement shall be provided for the placement of guy wires on lot division lines necessary to support overhead utility poles set on curving or deviating alley rights-of-way. 5. Alleys should not be platted to intersect any arterial streets. 6. Dead-end alleys shall not be permitted unless a permanent or temporary turnaround is provided. The following standards shall apply:

a. In subdivisions subject to subsection (8)(1) above, turnarounds shall be provided with a minimum radius of thirty-five feet; b. In all other subdivisions, turnarounds shall be provided with a minimum radius of

### thirty-two feet;

c. In instances where dead-end alleys will clearly be permanent, turnarounds shall be surfaced in accordance with subsection (8)(1) or (8)(2), as applicable; d. In instances were dead-end alleys are of a temporary nature, turnarounds shall be improved with a minimum six-inch-base of crushed limestone. 7. Layout and arrangement of alleys shall be designed to avoid the creation of short cuts for traffic and to discourage use by traffic other than that generated by activity within property abutting the alley. 8. Cross intersections of alleys shall not be permitted. 9. Alleys forming the boundary of a subdivision, and adjacent to unplatted property, shall be dedicated and improved the same as if situated in the interior of a subdivision. (Ord. 16882 

### § 2 (part), 2008)

### BACK TO TITLE INDEX PAGE 

# 1_

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TITLE 19· SUBDMSIONORDINANCE 

# ENGINEERINGDEPARTMENT DESIGN STANDARDS FORCONSlRUCTION ALLEYCROSS-SECTIONS ANDDETAILS 3-11

### BACKTO TITLE INDEX PAGE

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# ENGINEERINGDEPARTIv.1ENT DESIGN STANDARDS

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3-11A
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### BACK TO TITLE INDEX PAGE 

# I :;;:' 0 1 

# Ii! 'HMAC AS

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# ALLEYPA VEMENT 

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### RAP INFORMATION 

### Documentation on Cityof

### EI Paso RAPusage receivedbythe TCEQ from the City of

### EI Paso Environmental Services Departmentin aletter datedJuly 19, 2010. 

### ReclaimedAsphalt PavementMaterial Description and UserGuideline from the United States DepartmentofTransportation Federal HighwayAdministration PublicationNumber: FHWARD-97-148, "UserGuidelines forWaste and ByproductMaterials in Pavement Construction." Reprintedfrom the United States DepartmentofTransportation Federal Highway AdministrationWeb site. (http://www.fhwa.dot.gov/publications/research/infrastructure/structures/97148/index.cfm) Excerpts from the November 2000 

### United States Department ofTransportation Federal Highwaypublication, "Gravel Roads Maintenance and Design Manual" for the South Dakota LocalTransportationAssistance Programreceivedbythe TCEQ from the City of

### EI Paso Environmental Services qepartmentin aletter datedJuly 19, 2010. 

### Reprintedfrom the United States Environmental ProtectionAgencyWeb site. (http://water.epa.gov/polwaste/nps/gravelroads_index.cfm)

## ALLEYMAINTENANCE TOTALMILLINGS APPLIED

9/1/2003 8/31/2004 108 

## CY'
9/1/2004 8/31/2005 '2658 

## CY
9/1/2005 8/31/2006

. 7646 

## CY
91112006**~/31/2007** 

### 3656 

## CY
9/1/20078/S 1/2008 11929 

## CY
9/1/2008 8/31/2009 4233 

## CY
9/1/2009 6/30/2010 818. 

## CYFederal Highway Administration> Publications> Research> Infrastructure> Structures> User Guidelines for Waste and Byproduct Materials in Pavement Construction Publication Number: FHWA-RD-97-148 

# User Guidelines for Waste and Byproduct Materials in Pavement Construction
[ Asphalt Concrete (Hot [ Asphalt Concrete (Cold [Granular Recycling) ] Recycling) ] Base]

RECLAIMED ASPHALT PAVEMENT

ORIGIN [ Embankment or Fill ]

Material Description

Reclaimed asphalt pavement (RAP) is the term given to removed and/or reprocessed pavement materials containing asphalt and aggregates. These materials are generated when asphalt pavements are removed for reconstruction, resurfacing, or to obtain access to buried utilities. When properly crushed and screened, RAP consists of high-quality, wellgraded aggregates coated by asphalt cement. Asphalt pavement is generally removed either by milling or full-depth removal. Milling entails removal of the pavement surface using a milling machine, which can remove up to 50 mm (2 in) thickness in a single pass. Full-depth removal involves ripping and breaking the pavement using a rhino horn on a bulldozer and/or pneumatic pavement breakers. In most instances, the broken material is picked up and loaded into haul trucks by a front-end loader and transported to a central facility for processing. At this facility, the RAP is processed using a series of operations, including crushing, screening, conveying, and stacking. Although the majority of old asphalt pavements are recycled at central processing plants, asphalt pavements may be pulverized in place and incorporated into granular or stabilized base courses using a self-propelled pulverizing machine. Hot in-place and cold in-place recycling processes have evolved into continuous train operations that include partial depth removal of the pavement surface, mixing the reclaimed material with beneficiating additives (such as virgin aggregate, binder, and/or softening or rejuvenating agents to improvebinder properties), and placing and compacting the resultant mix in a single pass.
Reliable figures for the generation of RAP are not readily available from all state highway agencies or local jurisdictions. Based on incomplete data, it is estimated that as much as 41 million metric tons (45 million tons) of RAP may be produced each year in the United States. (1)
Additional information on recycling of asphalt pavement can be obtained from the following organizations:
National Asphalt Pavement Association 5100 Forbes Boulevard Lanham, Maryland 20706-4413 Asphalt Institute Research Park Drive Lexington, Kentucky 40512 Asphalt Recycling and Reclaiming Association #3 Church Circle, Suite 250 Annapolis, Maryland 21401

CURRENT MANAGEMENT OPTIONS Recycling
The majority of the RAP that is produced is recycled and used, although not always in the same year that it is produced. Recycled RAP is almost always returned back into the roadway structure in some form, usually incorporated into asphalt paving by means of hot or cold recycling, but it is also sometimes used as an aggregate in base or subbase construction.
It has been estimated that as much as approximately 33 million metric tons (36 million tons), or 80 to 85 percent of the excess asphalt concrete presently generated, is reportedly being used either as a portion of recycled hot mix asphalt, in cold mixes, or as aggregate in granular or stabilized base materials. (2) Some of the RAP that is not recycled or used during the same construction season that it is generated is stockpiled and is eventually reused. Disposal
Excess asphalt concrete is disposed of in landfills or sometimes in the right of way. In most situations, this occurs where small quantities are involved, or where the material is commingled with other materials, or facilities are not readily available for collecting and processing the RAP. It is estimated that the amount of excess asphalt concrete that must be disposed is less than 20 percent of the annual amount of RAP that is generated.MARKET SOURCES
In most cases, recycled hot mix asphalt can be obtained from central RAP processing facilities where asphalt pavements are crushed, screened, and stockpiled for use in asphalt concrete production, cold mix, or as a granular or stabilized base material. Most of these processing facilities are located at hot mix asphalt plant sites, where the RAP is either sold or used as feedstock for the production of recycled hot mix asphalt pavement or recycled cold mix.
The properties of RAP are largely dependent on the properties of the constituent materials and asphalt concrete type used in the old pavement. Since RAP may be obtained from any number of old pavement sources, quality can vary. Excess granular material or soils, or even debris, can sometimes be introduced into old pavement stockpiles. The number of times the pavement has been resurfaced, the amount of patching and/or crack sealing, and the possible presence of prior seal coat applications will all have an influence on RAP composition. Quality control is needed to ensure that the processed RAP will be suitable for the prospective application. This is particularly the case with in-place pavement recycling.

HIGHWAY USES AND PROCESSING REQUIREMENTS
Milled or crushed RAP can be used in a number of highway construction applications. These include its use as an aggregate substitute and asphalt cement supplement in recycled asphalt paving (hot mix or cold mix), as a granular base or subbase, stabilized base aggregate, or as an embankment or fill material. Asphalt Concrete Aggregate and Asphalt Cement Supplement Recycled asphalt pavement can be used as an aggregate substitute material, but in this application it also provides additional asphalt cement binder, thereby reducing the demand for asphalt cement in new or recycled asphalt mixes containing RAP.
When used in asphalt paving applications (hot mix or cold mix), RAP can be processed at either a central processing facility or on the job site (in-place processing). Introduction of RAP into asphalt paving mixtures is accomplished by either hot or cold recycling.
Hot Mix Asphalt (Central Processing Facility) Recycled hot mix is normally produced at a central RAP processing facility, which usually contains crushers, screening units, conveyors, and stackers designed to produce and stockpile a finished granular RAP product processed to the desired gradation. This product is subsequently incorporated into hot mix asphalt paving mixtures as an aggregate substitute. Both batch plants and drum-mix plants can incorporate RAP into hot mix asphalt.
Hot Mix Asphalt (In-Place Recycling)
Hot in-place recycling is a process of repaving that is performed as either a single or multiple pass operation using specialized heating, scarifying, rejuvenating, laydown, andcompaction equipment. There is no processing required priorto the actual recycling operation.
Cold Mix Asphalt (Central Processing Facility)
The RAP processing requirements for cold mix recycling are similar to those for recycled hot mix, except that the graded RAP product is incorporated into cold mix asphalt paving mixtures as an aggregate substitute.
Cold Mix Asphalt (In-Place Recycling)
The cold in-place recycling process involves specialized plants or processing trains, whereby the existing pavement surface is milled to a depth of up to 150 mm (6 in), processed, mixed with asphalt emulsion (or foamed asphalt), and placed and compacted in a single pass. There is no processing required prior to the actual recycling operation.
Granular Base Aggregate
To produce a granular base or subbase aggregate, RAP must be crushed, screened, and blended with conventional granular aggregate, or sometimes reclaimed concrete material. Blending granular RAP with suitable materials is necessary to attain the bearing strengths needed for most load-bearing unbound granular applications. RAP by itself may exhibit a somewhat lower bearing capacity than conventional granular aggregate bases.
Stabilized Base Aggregate
To produce a stabilized base or subbase aggregate, RAP must also be crushed and screened, then blended with one or more stabilization reagents so that the blended material, when compacted, will gain strength.
Embankment or Fill Stockpiled RAP material may also be used as a granularfill or base for embankment or backfill construction, although such an application is not widely used and does not represent the highest or most suitable use for the RAP. The use of RAP as an embankment base may be a practical alternative for material that has been stockpiled for a considerable time period, or may be commingled from several different project sources. Use as an embankment base orfill material within the same right ofway may also be a suitable alternative to the disposal of excess asphalt concrete that is generated on a particular highway project.

MATERIAL PROPERTIES Physical Properties
The properties of RAP are largely dependent on the properties of the constituent materials and the type of asphalt concrete mix (wearing surface, binder course, etc.). There can be substantial differences between asphalt concrete mixes in aggregate quality, size, and consistency. Since the aggregates in surface course (wearing course) asphalt concretemust have high resistance to wear/abrasion (polishing) to contribute to acceptable friction resistance properties, these aggregates may be of higher quality than the aggregates in binder course applications, where polishing resistance is not of concern.
Both milling and crushing can cause some aggregate degradation. The gradation of milled RAP is generally finer and more dense than that of the virgin aggregates. Crushing does not cause as much degradation as milling; consequently, the gradation of crushed RAP is generally not as fine as milled RAP, but finer than virgin aggregates crushed with the same type of equipment.
The particle size distribution of milled or crushed RAP may vary to some extent, depending on the type of equipment used to produce the RAP, the type of aggregate in the pavement, and whether any underlying base or subbase aggregate has been mixed in with the reclaimed asphalt pavement material during the pavement removal. During processing, virtually all RAP produced is milled or crushed down to 38 mm (1.5 in) or less, with a maximum allowable top size of either 51 mm (2 in) or 63 mm (2.5 in). Table 13-1 lists the typical range of particle size distribution that normally results from the milling or crushing of RAP. Milled RAP is generally finer than crushed RAP. Studies on pavements in California, North Carolina, Utah and Virginia have shown that before and after milling, the pavement fraction passing a 2.36 mm (No.8) sieve can be expected to increase from a premilled range of 41 to 69 percent to a postmilled range of 52 to 72 percent. The fraction passing a 0.075 mm (No. 200) sieve can be expected to increase from approximately 6 to 10 percent to a range of 8 to 12 percent.(3) Most sources of RAP will be a well-graded coarse aggregate, comparable to, or perhaps slightly finer and more variable than, crushed natural aggregates.
The unit weight of milled or processed RAP depends on the type of aggregate in the reclaimed pavement and the moisture content of the stockpiled material. Although available literature on RAP contains limited data pertaining to unit weight, the unit weight of milled or processed RAP has been found to range from 1940 to 2300 kg/m3(120 to 140 Ib/ft\ which is slightly lower than that of natural aggregates.
Information on the moisture content of RAP stockpiles is sparse, but indications are that the moisture content of the RAP will increase while in storage. Crushed or milled RAP can pick up a considerable amount of water if exposed to rain. Moisture contents up to 5 percent or higher have been measured for stored crushed RAP.(4) As noted earlier, during periods of extensive precipitation, the moisture content of some RAP stockpiles may be as high as 7 to 8 percent.(5) Lengthy stockpiling of crushed or milled RAP should, therefore, be kept to a minimum.
The asphalt cement content of RAP typically ranges between 3 and 7 percent by weight. The asphalt cement adhering to the aggregate is somewhat harderthan new asphalt cement. This is due primarily to exposure of the pavement to atmospheric oxygen (oxidation) during use and weathering. The degree of hardening depends on several factors, including the intrinsic properties of the asphalt cement, the mixing temperature/time (increases with increasing high temperature exposure), the degree of asphalt concrete compaction (increases if not well compacted), asphalt cement/air voids content (increases with lower asphalt/higher air voids content), and age in service (increases with age).
Table 13-1. Typical range of particle size distribution for reclaimed asphalt pavement (RAP)(percent by weight passing).
Screen Size (mesh) 37.5 mm (1.5 in) 25 mm (1.0 in) 19 mm (3/4 in) 12.5 mm (1/2 in) 9.5 mm (3/8 in) 75 mm (No.4) 2.36 mm (No.8) 1.18 mm (No. 16) 0.60 mm (No. 30) 0.30 mm (No. 50) 0.15 mm (No. 100)

0.075 mm (No. 200) Percent Finer After Processing or Milling**~::~"** "" .•....
....

100 95 -100 84 -100 70 -100 58

- 95 38 -75 25 -60 17

- 40 10

- 358 5 - 25b 3 - 20c 

### 2 - 15d Usually less than 30 percent Usually less than 20 percent Usually less than 15 percent Usually less than 10 percent

-

_ ..".,

The RAP obtained from most wearing surface mixes will usually have an asphalt content in the 4.5 to 6 percent range. The recovered asphalt from RAP usually exhibits low penetration and relatively high viscosity values, depending on the amount of time the original pavement has been in service. Penetration values at 25°C (7rF) are likely to range from 10 to 80 while the absolute viscosity values at 60°C (140°F) may range from as low as 2,000 poises (equivalent to AC-20) up to as high as 50,000 poises or greater, depending on the extent of aging. Viscosity ranges from 4,000 to 25,000 poises can normally be expected from the asphalt cement that is recovered from RAP material. (6) Table 13-2 provides a summary of the typical ranges of physical properties of RAP, other than gradation.
Table 13-2. Physical and mechanical properties of reclaimed asphalt pavement (RAP). Type of Property RAP Property Weight Typical Range of Values

Physical Moisture Content Properties !

# ~~~:~~~1~:~7~;-8%**r~** 4.5-6% !Malximlum Range: 3-7% iNormal: 10-80 at 25°C (7rF)

................................••California Bearing Ratio I(CBR) Mechanical Properties

Chemical Properties bsolute Viscosity or : 4,000

- 25,000 poises ecovered Asphalt Cement (140°F)**"~ ".~..**  "1600

-**2000-k-g7;'r?~** Compacted Unit Weight (100-125Ib/ft3) 100% RAP: 20-25% 40% RAP and 60% Natural Aggregate: 150% or higher

Mineral aggregates constitute the overwhelming majority (93 to 97 percent by weight) of RAP. Only a minor percentage (3 to 7 percent) of RAP consists of hardened asphalt cement. Consequently, the overall chemical composition of RAP is essentially similar to that of the naturally occurring aggregate that is its principal constituent. Asphalt cement is made up of mainly high molecular weight aliphatic hydrocarbon compounds, but also small concentrations of other materials such as sulfur, nitrogen, and polycyclic hydrocarbons (aromatic and/ornaphthenic) of very low chemical reactivity. Asphalt cement is a combination of asphaltenes and maltenes (resins and oils). Asphaltenes are more viscous than either resins or oils and playa major role in determining asphalt viscosity. Oxidation of aged asphalt causes the oils to convert to resins and the resins to convert to asphaltenes, resulting in age hardening and a higher viscosity binder.(7)
Mechanical Properties
The mechanical properties of RAP depend on the original asphalt pavement type, the method(s) utilized to recover the material, and the degree of processing necessary to prepare the RAP for a particular application. Since most RAP is recycled back into pavements, there is a general lack of data pertaining to the mechanical properties for RAP in other possible applications.
The compacted unit weight of RAP will decrease with**increasin~** unit weight, with maximum dry density values reported to range from 1600 kg/m3 (100 Ib/ft ) to 2000 kg/m3 (125 Ib/ft\(8) California Bearing Ratio (CBR) values for RAP material containing trap rock aggregate have been reported in the 20 to 25 percent range. However, when RAP is blended with natural aggregates for use in granular base, the asphalt cement in the RAP has a significant strengthening effect over time, such that specimens containing 40 percent RAP have produced CBR values exceeding 150 after 1 week.(9)
Table 13-2 provides a summary of the mechanical properties of RAP discussed in the preceding paragraphs.



### REFERENCES

1. Pavement Recycling Executive Summaryand Report, Federal HighwayAdministration. Report No. FHWA-SA-95-060, Washington, DC, 1995. 2. Engineering andEnvironmentalAspects ofRecycling Materials forHighway Construction, Federal Highway Administration and U.S. Environmental Protection Agency, Report No. FHWA-RD-93-008, Washington, DC, May 1993. 3. Kallas, B. F. Flexible Pavement Mixture Design Using ReclaimedAsphalt Concrete, FHWAlRD-84/088, June, 1984. 4. Smith, Richard W. "State-of-the-Art Hot Recycling." Transportation Research Board, Record No. 780, Proceedings ofthe National Seminaron Asphalt Pavement Recycling, Washington, DC, 1980. 5. Decker, D. S. and T. J. Young, "Handling RAP in an HMA Facility." Proceedings of the Canadian TechnicalAsphaltAssociation, Edmonton, Alberta, 1996. 6. Epps, J. 

### A., D. N. Little, 

### R. J. O'Neal, and B. M. Gallaway. "Mixture Properties of Recycled Central Plant Materials." American Society for Testing and Materials, Special Technical Publication No. 662, Recycling ofBituminous Pavements, West Conshohocken, Pennsylvania, December, 1977. 7. Noureldin, Ahmed Samy and Leonard E. Wood. "Variations in Molecular Size Distribution ofVirgin and Recycled Asphalt Binders Associated with Aging." Transportation Research Board, Record No.1228, Washington, DC, 1989. 8. Senior, S. A., S. I. Szoke, and C. 

### A. Rogers. "Ontario's Experience with Reclaimed Materials for Use in Aggregates." Presented at the International Road Federation Conference, Calgary, Alberta, 1994. 9. Hanks, 

### A. J. and E. 

### R. Magni. The Use ofBituminous and Concrete Material in GranularBase andEarth. Materials Information Report MI-137, Engineering Materials Office, Ontario Ministry of Transportation, Downsview, Ontario, 1989.

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# User Guidelines for Waste and Byproduct Materials in Pavement Construction
[ Asphalt Concrete (Cold Recycling) ] [ Granular Base] [Embankment or Fill] [ Material Description]

RECLAIMED ASPHALT PAVEMENT

INTRODUCTION User Guideline Asphalt Concrete (Hot Recycling)

Reclaimed asphalt pavement (RAP) can be used as an aggregate in the hot recycling of asphalt paving mixtures in one of two ways. The most common method (conventional recycled hot mix) involves a process in which RAP is combined with virgin aggregate and new asphalt cement in a central mixing plant to produce new hot mix paving mixturesY) A second method (hot in-place recycling) involves a process in which asphalt pavement surface distress is corrected by softening the existing surface with heat, mechanically removing the pavement surface, mixing it with a recycling or rejuvenating agent, possibly adding virgin asphalt and/or aggregate, and replacing it on the pavement without removing the recycled material from the pavement siteY

PERFORMANCE RECORD Although some form of pavement recycling had been practiced as early as 1915,(3) the first sustained efforts to recover and reuse old asphalt paving materials were conducted during 1974 in Nevada and Texas.(4) Bolstered by the sponsorship of the Federal Highway Administration (FHWA), more than 

### 40 states performed and documented RAP demonstration projects between 1976 and 1982.RAP is now routinely accepted in asphalt paving mixtures as an aggregate substitute and as a portion of the binder in nearly all 50 states. Substitution rates of 10 to 50 percent or more, depending on state specifications, are normally introduced in pavements, and recently developed technology has even made it possible to recycle 90 to 100 percent RAP in hot mix. Recycled Hot Mix
The use of processed RAP to produce conventional recycled hot mix (RHM) is the most common type of asphalt recycling and is now considered standard asphalt paving practice. There are abundant technical data available indicating that properly specified and produced recycled hot mix asphalt is equivalent in quality and structural performance to conventional hot mix asphalt in terms of rutting, raveling, weathering, and fatigue cracking. Recycled hot mix asphalt mixtures also generally age more slowly and are more resistant to the action of water than conventional hot mix asphalt. (See references 5,6,7,8,9,10, and11.)
The maximum limit for RAP content in RHM produced in conventional hot mix asphalt batch plants is widely considered to be 50 percent, limited by both the heat capacity of the plants and gaseous hydrocarbon emissions. As much as 60 to 70 percent RAP may be processed in drum mix plants. Special plants based on microwave technology have been developed to limit gaseous emissions from hot mix asphalt production using very high RAP

. contents (up to 100 percent RAP), but the cost of heating is much higher than that of conventional systems. This process was developed in California and has only seen limited use.(12)
Table 13-3 provides a 1996 list of State Department of Transportation (DOT) specification requirements for the use of RAP in hot mix asphalt paving mixtures. Separate requirements are given for mixes produced in batch plants or drum-mix plants. Maximum allowable RAP percentages are shown in Table 13-3 for wearing surface, binder, and base courses.(13)
While all state highway agencies permit the use of RAP in base and binder courses, 10 agencies do not permit the use of RAP in surface courses. These include Alaska, Florida, Hawaii, Louisiana, Maine, Maryland, New York, Oklahoma, Rhode Island, and Tennessee. Louisiana and Maine allow up to 20 percent RAP in shoulder mixes**on~.** Massachusetts does not permit the use of RAP in open-graded friction course mixesY ) Minnesota permits RAP to be used in surface mixes only on low-volume roads. (5) Oklahoma allows up to 25 percent RAP for low- volume roads (fewer than 1,000 vehicles per day) only. Oregon does not permit RAP use in surface mixes on interstate highways.(13)
States that approve the use of RAP in surface courses generally permit from 10 to 30 percent RAP. Some states permit even higher percentages from approved RAP sources. Allowable binder and base course aggregate substitution rates range from 10 to as high as 70 percent in one state (Arkansas). At least 22 states do not permit the blending or commingling of RAP from different projects into combined stockpiles. (13)
Hot In-Place Recycling
The use of hot in-place recycling (HIPR) has developed rapidly overthe past decade, although it is in use only on a limited basis. Simple heater-scarification units, heat reforming systems, and special techniques have been developed for heating, scarifying, rejuvenation, and remixing of up to 50 mm (2 in) in depth of aged old asphalt pavement tonew hot mix quality overlay in one pass.
The Asphalt Recycling and Reclaiming Association (ARRA) recognizes three basic HIPR processes: (1) heater-scarification (multiple pass); (2) repaving (single pass); and (3) remixing.
The first two processes involve removal, rejuvenation, and replacement of the top 

### 25 mm (1 in) of the existing pavement. The remixing process involves incorporating virgin hot mix with the recycled paving material in a pugmill and placement to a depth of 50 mm (2 in).

Table 

### 13-3. State DOT specification requirements for the use of reclaimed asphalt pavement (RAP) in hot mix asphalt paving mixtures.(13)

Max. RAP %

- BaHhl'b:ntt Max. RAP %

- Drum. PIimts 'l\lp Size stUe Rue JIindII: :IluIfIue Rue JIindII: :IluIfIue kRAP PJidlan,a 40 40 15 50 50 15 2in AW:ka


## - - 

## - - - - - i\ri:1lma 30 30 30 30 30 30 1.5 in AlkUlSas 10 10 10 10 10 10 3in Cilifornia 50 50 50 50 50 50 2in Colorado 15 15 15 15 15 15 1.5 CoJ.meetirol. 40 40 40 40 40 40 2in**Dehw~** 35 35 25 50 50 30 2in Flm:ida 60 50**N~** 60 50**N~ ~ecs**  Georgia 25 25 25 40 40 40 2in Haw'aii 30**N~ N~**  40**N~ N~**  1.5 in Idtho Opm Opm Opm Opm Opm Opm 2in Illhois 50 25 15 50 25 15**~ecs** Indima 50 50 20 50 50 20 2in !wAl. Opm Opm Opm Opm Opm Opm 1.5 in Kansas 50 50 50 50 50 50 2in Kmtudo;y 30 30 30 30 30 30**~ecs** Louisima 30 30**N~** 30 30**N~** 2in Maine 40 40**N~** 40 40**N~** lin M<.Iylmd Opm Opm Limit Opm Opm Limit**~ecs** Massadrosetls 20 20 10 40 40 10 .15 in Michigm 50 50 50 50 50 50**~ecs** :M:iinesota 59 50 30 50 50 30 3in**~sissippi** 30 30 15 30 30 15 2in**~sOlJri** 50 50 50 50 50 50 1.5 in Montana 50 50 10 50 50 10 2in**Nebr~a** NotUsed NotUsed NotUsed Opm Opm Opm 2in Nevada 50 50 15 50 50 15 1.5 in New 35 35 15 50 50 15**~ecs ~shire**  25 25 10 25 25 10 2in New Jm:ey New Mexil:o Opm Opm Opm Opm Opm Opm 1.5 in New YoIll 50 50**N~** 10 10**N~** 2in Notth ClIOOlina 60 60 60 60 60 60 2in NotthDakota 50 50 50 50 50 50 lin Ohio 50 35 20 50 35 20 2inOldlihama 25 25 NarIi! 25 25 NarIi! 2in Oregan 30 20 20 30 20 20 lin Pe1lrIijl.vmia Open Open Open Open Open Open 2in Thode Ishnd 30 30 NarIi! 30 30 NarIi! 125 h Soufh C=lina 30 25 20 30 25 20 2in SoufhDakota NotUsed NotUsed NotUsed 50 50 50 15 in Tennessee 15 Open NarIi! Open Open NarIi! Open Texas 15 Open Open Open Open Open 2in UUh NotUsed NotUsed NotUsed 25 25 25 2in Vennara.**~ecs. ~ecs.** **~ecs ~ecs** **~ecs ~ecs** **~ecs** Virginia 25 25 25 25 25 25 2 in Open**W~** Open Open Open Open Open Open Open West Virginia Open Open Open Open Open Open Open WisCOllih Open 35 20 Open 35 20 Open W)'omi:\g 50 50 50 50 50 50 2in

The major advantage of HIPR is the cost savings that it can potentially achieve over conventional recycled hot mix, eliminating the costs associated with transporting, processing and stockpiling RAP. Since only the top 50 mm (2 in) of pavement can normally be reconditioned using this process, HIPR applications are limited to roadways that do not have any structural deficiencies and do no not require additional materials. The major disadvantage of HIPR is the inability to make significant changes to the mix. Pavements that exhibit structural base failure, irregular patching or the need for major drainage or grade improvements are not suitable candidates for HIPR.(2)
Not all states have experience in HIPR applications, although HIPR technology is a fairly well accepted practice. There are 

### 32 states that report having some experience with HIPR, although 22 of these states consider their use of HIPR to be experimental. The 10 states that have the most experience with HIPR are Arkansas, Colorado, Florida, Kansas, Maryland, New York, Ohio, Texas, Utah, and Virginia. None of these states has had more than five HIPR projects per year. A survey of these states found that, in general, all have reported good or fair performance.(2)
The survey of HIPR experience at the state DOT level further indicated that the use of the three different HIPR processes has been fairly evenly divided, with 13 states having had some experience with heater-scarification, and 16 states each having some experience with either the repaving or the remixing process. Of the 10 states with the most HIPR experience, 

### 5 have used heater-scarification, 

### 4 have used the repaving process, and 

### 6 have used the remixing process.(2)

MATERIAL PROCESSING REQUIREMENTS Recycled Hot Mix
Reclaimed asphalt pavement must be processed into a granular material prior to use in hot mix applications. A typical RAP processing plant consists of a crusher, screening units, conveyors, and stacker. It is desirable to produce either a coarse or a fine fraction of processed RAP to permit better control over input to the hot mix plant and better control of the mix design. The processed RAP used in recycled hot mix asphalt should be as coarse as possible and the fines (minus 0.075 mm (No. 200 sieve)) minimized. Gentle RAP crushing (controlled crusher speed and clearance adjustment on exit gate) isrecommended to minimize the fracture of coarse aggregate and excess fines generation.
Hot In-Place Recycling
In the HIPR process, the surface of the pavement must be softened with heat priorto mechanical scarification. The HIPR process has evolved into a self-contained, continuous train operation that includes heating, scarifying, rejuvenator addition, mixing, and replacement.

ENGINEERING PROPERTIES
Some of the engineering properties of RAP that are of particular interest when RAP is incorporated into new asphalt pavements include its gradation, asphalt content, and the penetration and viscosity of the asphalt binder.
Gradation: The aggregate gradation of processed RAP is somewhat finer than virgin aggregate. This is due to mechanical degradation during asphalt pavement removal and processing. RAP aggregates usually can satisfy the requirements ofASTM 0692 "Coarse Aggregates for Bituminous Pavement Mixtures" and ASTM 01073 "Fine Aggregate for Bituminous Pavement Mixtures.,,(14,15) Asphalt ContentandProperties: The asphalt content of most old pavements will comprise approximately 3 to 7 percent by weight and 10 to 20 percent by volume of the pavement. Due to oxidation aging, the asphalt cement has hardened and consequently is more viscous and has lower penetration values than the virgin asphalt cement. Depending on the amount of time the original pavement had been in service, recovered RAP binder may have penetration values from 10 to 80 and absolute viscosity values at 60°C (140°F) in a range from as low as 2,000 poises to as high 50,000 poises or greater.(16)

DESIGN CONSIDERATIONS Recycled Hot Mix
Mix Design
The use of processed RAP in hot mix asphalt pavements is now standard practice in most jurisdictions and is referenced in ASTM 03515.(17) The primary steps in the design of mixes include the determination of material properties of RAP and new materials, the selection of an appropriate blend of RAP and virgin aggregate to meet gradation, the selection of an appropriate asphalt cement blend to satisfy specified viscosity and/or penetration requirements, the need to add a recycling or rejuvenating agent to soften the existing binder, and the need to comply with stability, flow, and air voids requirements.
Either the Marshall(18) or the Hveem(19) mix design procedures are used by most state agencies for determining the asphalt cement and acceptable RAP content of recycled paving mixes,o)Recycling and rejuvenating agents can be divided into three main types: "super-soft" asphalt cements, napthenic (aromatic) oils, and paraffinic oils. These products consist of organic compounds derived from petroleum extracts during petroleum hydrocarbon processing. ASTM D4552(20) provides a classification of recycling or rejuvenating agents.
Procedures for selecting the quality of asphalt cement or recycling agent are outlined in ASTM D4887.(21) This specification includes a viscosity blending chart, which enables the designerto determine the percentage of recycling or rejuvenating agent (or soft asphalt cement) to add to the total binder in order to achieve a desired value of absolute viscosity for the recycled asphalt cement. The Asphalt Institute's manual on asphalt hot mix recycling also provides trial mix design examples that indicate how to use a viscosity blending chart to design a recycled hot mix.
The Asphalt Institute suggests that when 20 percent or less RAP is used in a mix, no change in asphalt grade is required. However, for mixes with greaterthan 20 percent RAP, a drop in one grade (softer asphalt cement) is recommended to compensate for the greater viscosity of the oxidized binder. (1) Many states use the same grade of asphalt cement regardless of the RAP content.
The Asphalt Institute's manual on mix design methods for asphalt concrete(22) provides a method to determine necessary mix design characteristics (such as stability, flow, and air voids content) for eitherthe Marshall or the Hveem mix design methods. The final mix design proportions for the recycled hot mix paving mixture will be determined by completing mix design testing using standard procedures to satisfy applicable mix design criteria.
Additional virgin aggregates may be required to satisfy gradation requirements to improve stability and to limit the RAP content in recycled hot mixes. In the production of hot mix, superheated virgin aggregate is needed to provide indirect heat transfer to the RAP while maintaining the proper mix temperature without the generation of "blue smoke."
StructuralDesign
Conventional AASHTO pavement structural design methods are appropriate for asphalt pavements incorporating reclaimed asphalt pavement in the mix.

Hot In-Place Recycling
Mix Design
Mix design procedures for HIPR are not as well established as those for conventional recycled hot mix. Many states as a minimum require that cores be taken of the candidate pavement to determine in-place pavement properties, including binder content, viscosity, and aggregate grading.(2)
The material properties of the existing asphalt pavement (to at least the depth of scarification) should be determined priorto construction in order to permit any necessary adjustments to aggregate gradation to develop the required voids in mineral aggregate (VMA) and selection of the appropriate viscosity binder. This will require coring of thepavement to be recycled and laboratory testing of the recovered paving samples.
Unlike conventional recycled hot mix where the RAP is combined with a significant amount of new aggregate material (making up typically between 60 to 80 percent of the RHM), HIPR may involve up to 100 percent recycling of the existing pavement. Consequently, the extent to which the existing pavement can be improved or modified is limited by the condition and characteristics of the old mix.
The amount of rejuvenating agent that can be added through HIRP is limited by the air voids content of the existing asphalt. When the air voids content of the old asphalt mix is too low to accommodate sufficient recycling agent for proper rejuvenation or softening of the old asphalt binder without mix flushing, it may be necessary to add additional fine aggregate or to beneficiate with virgin hot mix to open up the mix or increase the air voids. The selection of the appropriate addition (eitherfine aggregate or virgin hot mix), and the amount to be added, are determined by Marshall or Hveem mix design methods.
The type of recycling or rejuvenating agent and the percentage to be added to the binder can be estimated using procedures outlined in ASTM methods 04552(20) and 04887.(21) The recycling or rejuvenating agent, if used, should be compatible with the recycled and new asphalt binder.
Structural Design
HIPR is generally considered a rehabilitation technique for addressing superficial pavement distress to a maximum depth of about 50 mm (2 in). The recycled layer is considered to be structurally equivalent to new hot mix asphalt.

CONSTRUCTION PROCEDURES Recycled Hot Mix
MaterialHandling and Storage
RAP is produced by milling, ripping, breaking, crushing, or pulverizing types of equipment. To ensure that the final RAP product will perform as intended, inspection of incoming RAP with rejection of contaminated loads (excess granular material, surface treatment, joint sealant, etc.) should be undertaken. Some jurisdictions also require that RAP from a particular project not be blended or commingled with RAP from other projects.
Once processed, RAP can be handled and stored as a conventional aggregate material. However, because of the variability of RAP in comparison with virgin aggregates, many agencies do not permit the blending of RAP from different projects into combined stockpiles. The Asphalt Institute recommends that the height of RAP stockpiles be limited to a maximum of 3 meters (10ft) to help prevent agglomeration or sticking together of the RAP particles.(1) Stockpiling time should also be minimized to keep the moisture content of RAP stockpiles from becoming excessive. Experience has proven that conical stockpiles are preferred to horizontal stockpiles and will not cause RAP to re-agglomerate in large piles. RAP has the tendency to form a crust (dueto a solar/thermal effect from the sun) over the first 200 to 250 mm (8 to 12 in) of pile depth for both conical and horizontal stockpiles. This crust tends to help shed water, but is easily broken by a front-end loader, and may help keep the rest of the pile from agglomerating. RAP has a tendency to hold water and not to drain over time like an aggregate stockpile. Therefore, low, horizontal, flat stockpiles are sUbject to greater moisture accumulation than tall, conical stockpiles. It is not unusual to find RAP moisture content in the 7 to 8 percent range during the rainy season at facilities using low, horizontal stockpiling techniques.(23)
RAP stockpiles are typically left uncovered because covering with tarps can cause condensation under the tarp and add moisture to the RAP stockpile. Forthis reason, RAP stockEiles are either left uncovered or RAP is stored in an open-sided building, but under a roof.( 3)
When large quantities of RAP from different sources are available, it is advisable to keep stockpiles separated and identified by source. Consistent RAP from a "composite" or "blended" pile can be produced using a crushing and screening operation and reprocessing stockpiles that come to the yard from different sources. Material handling machinery, such as front-end loaders and bulldozers, should be kept from driving directly on the stockpile. Agglomerating RAP particles can make it very difficult for the loader to handle the RAP. Mixing, Placing and Compacting
When RAP is added to hot mix asphalt, measures must be taken to avoid exposing the RAP to temperatures in excess of 42rC (800o:F). Exposure of the RAP to temperatures above this limit can result in excessive hydrocarbon emissions (blue smoke). To reduce this problem, hot mix asphalt plants have been modified to permit the recycling of RAP.(24)
In a batch plant operation, the RAP is usually added to superheated new aggregate at the pugmill. In drum-mix plants, RAP is usually introduced with new aggregate into the drum using a dual feed system. The new aggregate is typically introduced at the hot end of the drum (normally the front end of the drum), while the RAP is introduced at the middle or rear of the drum to prevent overheating damage to the RAP.(25)
In a batch plant, typical RAP substitution rates are limited by the heat capacity of the plant and the ability to superheat the aggregate to temperatures that will produce a suitable mix temperature. This normally limits batch plant blends to between 10 and 30 percent RAP. In a drum mix plant, from 30 to 70 percent RAP can be added, with a practical limit of 50 percent, due to hydrocarbon emission limitations that may be exceeded if excess RAP is introduced. Quality Control
To produce consistently high-quality recycled hot mix asphalt, the need for systematic quality control of the RAP is essential. The process should be monitored for processed RAP moisture content, gradation, and asphalt cement content.(26) Controlled plant operations have been developed to produce a consistent (homogeneous) RAP. Extraction tests to monitor the RAP gradation and asphalt cement content, and penetration and viscosity tests on the recovered asphalt cement, should be performed regularly to monitor the RAP characteristics for comparison with the job mix formula and enable appropriate adjustments to the mix.
The same field testing procedures used for conventional hot mix asphalt mixes should beused for mixes containing reclaimed asphalt pavement. Mixes should be sampled in accordance with AASHTO T168,(27) and tested for specific gravity in accordance with ASTM 02726(28) and in-place density in accordance with ASTM 02950.(29)

Hot In-Place Recycling Mixing, Placing and Compacting
There are three basic HIPR construction processes in use: heater scarification, repaving, and remixing. All involve a specialized plant in a continuous train operation.
Heater scarification involves a plant that heats the pavement surface (typically using propane radiant heaters), scarifies the pavement surface using a bank of nonrotating teeth, adds a liquid rejuvenating additive, then mixes and levels the recycled mix using a standard auger system. The recycled asphalt pavement is then compacted using conventional compaction equipment. The process is limited in its ability to repair severely rutted pavements, which are often overlaid with conventional hot mix asphalt. Repaving is a more sophisticated process that includes removing (by heating and scarification and/or grinding) the top 25 to 50 mm (1 to 2 in) of the old asphalt pavement, adding and mixing in a rejuvenating agent to improve asphalt viscosity, placing the recycled material as a leveling course using a primary screed, and simultaneously placing a thin (usually less than 25 mm (1 in) but up to 50 mm (2 in) in some systems) hot mix asphalt overlay. Conventional equipment and procedures are used immediately behind the train to compact both layers of material to ensure a monolithic bond between the new and recycled layer. (30)
The remixing process is used when additional aggregates are required to improve the strength or stability of the recycled asphalt concrete. Scarified or milled RAP is blended with rejuvenator and new virgin aggregate or new hot mix asphalt, then placed by a compacting screed. Conventional equipment and procedures are used to place and compact the remixed material. Quality Control
The initial step in the quality control of hot in-place recycled mixes is in the selection ofthe pavement to be recycled. Not all pavements are good candidates for this type of recycling. Cores of the pavement being considered for HIPR must be taken during the early planning for the project. The cores should first be visually examined for pavement problems such as delaminations, stripping, or stripping potential, or water in the voids or delaminations. Pavements with delaminations, especially saturated delaminations, in the top 5 cm (2 in) should not be considered for HIPR projects. Also, pavements that have been rutted, heavily patched, or chip-sealed are not good candidates for HIPR projects. Next, as noted in the Mix Design section, field core specimens should be analyzed in the laboratory to determine (based on the asphalt content, viscosity, and penetration ofthe recovered binder) the required amount of rejuvenating agent to be added to the mix in order to attain the desired viscosity of the recycled mix. Iftoo much rejuvenating agent (1.0 percent or more by weight of mix) must be added in order to attain this viscosity, the mix should probably not be recycled in place. As a guideline, pavements being considered forHIPR should not be too severely aged. It is recommended that such pavements have an absolute viscosity lowerthat 200,000 poises (and preferably below 100,000 poises) in order to be considered for HI PR projects. (31)
Field core specimens should also be evaluated for air voids content during the pavement selection process. An existing pavement being considered for HIPR should have an air voids content in excess of 6 percent, in order to accommodate the addition of a rejuvenating agent without the loss of stability in the recycled mix. If material properties are not completely satisfactory for 100 percent recycling, the addition of 20 to 30 percent by weight of virgin hot mix during recycling should be considered.(31)
Field quality control measures during HIPR operations include monitoring the depth of scarification, the temperature of the recycled mix, the visual appearance and homogeneity of the scarified or milled RAP, the compaction procedure, and the visual appearance of the recycled pavement surface after compaction. Loose samples of the recycled mix should be obtained and extraction tests performed to monitor RAP gradation, asphalt cement and air voids contents, and penetration and viscosity of the recovered asphalt binder for comparison with the job mix formula.(32) The recycled mix should be monitored for in-place density in accordance with ASTM 02950.(29)

UNRESOLVED ISSUES
While the asphalt pavement recycling technologies are well established, there is still considerable need for additional performance information, particularly with regard to creep (rutting resistance), fatigue endurance and durability, and the use of reclaimed asphalt pavement in premium surface course mixes. There is also a need for more correlation of field and laboratory measurements to refine guidelines for laboratory prediction of field performance (for instance, laboratory curing procedures that best simulate field conditions).
Some additional issues that require resolution include:

• further information on the variability of RAP, especially from blended stockpiles;

• validation of SUPERPAVE mix design procedures with mixtures containing RAP;

• an environmental code of practice regarding gaseous emissions from hot mix plant recycling and HIPR;

• the suitability of HIPR for surface-treated and rubberized materials (environmental considerations); and

• evaluation methodologies for structural characterization of HIPR asphalt concrete and CIPR asphalt concrete.

REFERENCES

1. Asphalt Institute. AsphaltHot-Mix Recycling, Manual Series No.20, Second Edition, Lexington, Kentucky, 1986. 2. Button, J.W., D.N. Little, and CK Estakhri. Hot In-Place Recycling ofAsphalt Concrete, National Cooperative Research Program Synthesis of Highway Practice193, Transportation Research Board, Washington, DC, 1994. 3. "Hot Recycling of Yesterday." Recycling Report, Volume 1, Number 2, National Asphalt Pavement Association, Lanham, Maryland, September, 1977. 4. Transportation Research Board. Recycling Materials from Highways. National Cooperative Highway Research Program Synthesis of Highway Practice No. 54, Washington, DC, 1978. 5. Pavement Recycling Executive SummaryandReport. Federal Highway Administration, Report No. FHWA-SA-95-060, Washington, DC, October, 1995. 6. Little, Dallas N. and Jon A Epps. "Evaluation of Certain Structural Characteristics of Recycled Pavement Material." Proceedings ofthe Association of AsphaltPaving Technologists, Vol. 49, 1980, pp. 219-251. 7. Little, D. N., R. J. Holmgreen, and J. A. Epps. "Effect of Recycling Agents on the Structural Performance of Recycled Asphalt Concrete Materials." Proceedings of the Association ofAsphaltPaving Technologists, Vol. 50, 1981, pp. 32-63. 8. Kandahl, Prithri S., Shridhar S. Rao, Donald E. Watson, and Brad Young. Performance ofRecycledHot-MixAsphaltMixtures in Georgia. Transportation Research Board, Record No. 1507, Washington, DC, 1996. 9. Hossain, Mustaque, Dwight G. Metcalf, and Larry A Scofield. Performance of RecycledAsphalt Concrete Overlays in South Western Arizona. Transportation Research Board, Record No. 1427, Washington, DC, 1993. 10. Eaton, M. "RAP Maintenance No Different Than Virgin, Engineers Say." Roads and Bridges, Vol. 28, No. 10, October, 1990. 11. Kiggundu, B. M. and J. K. Newman. Asphalt-Aggregate Interactions in Hot Recycling. New Mexico Engineering Research Institute, Report No. ESL-TR-87-07, Albuquerque, New Mexico, July, 1987. 12. Howard, P. D. and D. A Reed, "L.A Street Maintenance Recycles with 100% RAP," Roads andBridges, Vol. 28, No.5, p. 63, May 1989. 13. Banasiak, David. "States Plane Off Excess in RAP Specs." Roads andBridges, Vol. 34, No. 10, October, 1996. 14. ASTM D692-94a. "Standard Specification for Coarse Aggregate for Bituminous Paving Mixtures." American Society for Testing and Materials, AnnualBook of ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 15. ASTM 01073-94. "Standard Specification for Fine Aggregate for Bituminous Paving Mixtures." American Society for Testing and Materials, AnnualBook of ASTMStandards, Volume 04.03, West Conshohocken, Pennsylvania. 16. Epps, J. 

### A, D. N. Little, R. J. O'Neal, and B. M. Gallaway. "Mixture Properties of Recycled Central Plant Materials." Recycling ofBituminous Pavements, AmericanSociety for Testing and Materials, Special Technical Publication No. 662, West Conshohocken, Pennsylvania, December, 1977. 17. ASTM D3515-89. "Standard Specification for Hot-Mixed, Hot-Laid Bituminous Paving Mixtures." American Society for Testing and Materials, AnnualBookof ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania 18. ASTM D1559-89. "Standard Test Method for Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus." American Society for Testing and Materials, AnnualBook ofASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 19. ASTM D1560-92. "Standard Test Methods for Resistance to Deformation and Cohesion of Bituminous Mixtures by Means of Hveem Apparatus." American Society for Testing and Materials, AnnualBook of ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 20. ASTM D4552-92. "Standard Practice for Classifying Hot-Mix Recycling Agents." American Society for Testing and Materials, AnnualBook ofASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 21. ASTM D4887-93. "Standard Test Method for Preparation of Viscosity Blends for Hot-Recycled Bituminous Materials," American Society for Testing and Materials, AnnualBook ofASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 22. Mix Design Methods forAsphalt Concrete and OtherHot-Mix Types. Asphalt Institute, Manual Series No.2, Lexington, Kentucky, 1993. 23. Decker, D. S. and T. 

### J. Young, "Handling RAP in an HMA Facility." Proceedings of the Canadian TechnicalAsphaltAssociation, Edmonton, Alberta, 1996. 24. Harvey, Fitz, E. T. Larves, and 

### R. G. Warburton. Hot Recycling. Wyoming Dryer Drum. Federal Highway Administration, Report No. FHWA TS-80-234, Washington, DC, April, 1980. 25. Olson, Roger C. and Ronald H. Cassellius. Hot Recycling of Bituminous Main Line and Shoulders. Minnesota-Modified Dryer Drum. Federal Highway Administration, Report No. FHWA-TS-80-233, Washington, DC, February, 1979. 26. Earl, F. J. and J. J. Emery, "Practical Experience With High Ratio Hot-Mix Recycling," Proceedings of the Canadian Technical Asphalt Association 32nd Annual Conference, Toronto, Ontario, p. 326, November 1987. 27. American Association of State Highway and Transportation Officials, Standard Method of Test, "Sampling Bituminous Paving Mixtures," AASHTO Designation: T168-82, Part II Tests, 16th Edition, 1993. 28. American Society for Testing and Materials, Standard Specification D2726-96,..Bulk Specific Gravity and Density of Non-Absorptive Compacted Bituminous Mixtures," AnnualBook ofASTMStandards, Volume 04.03, West Conshohocken, Pennsylvania, 1996. 29. American Society for Testing and Materials, Standard Specification D2950-96, "Density of Bituminous Concrete in Place by Nuclear Methods," AnnualBook of ASTMStandards, Volume 04.03, West Conshohocken, Pennsylvania, 1996. 30. Rathburn, JR, "One Step Repaving Speeds County Work," Roads andBridges, March 1990. 31. Rogge, David F., Walter P. Hislop, and Dick Dominic. "Hot In-Place Recycling of Asphalt Pavements

- The Oregon Experience." Presented at the 75th Annual Meeting of the Transportation Research Board, Washington, DC, January, 1996. 32. Kazmierowski, Thomas J., Pamela Marks, and Alison Bradbury. "The Evolution of Hot In-Place Recycling in Ontario." Presented at the 74th Annual Meeting of the Transportation Research Board, Washington, DC, January, 1995.

[ Asphalt Concrete (Cold Recycling) ] [ Granular Base] [Embankment or Fill] [ Material Description]
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# aintenance and Design anualIntroduction ix



# Introduction


# G ood gravel road maintenance or rehabilitation depends on two basic principles: proper use of a motorgrader (or other grading device) and use of good surface gravel. The use of the grader to properly shape the road is obvious to almost everyone, but the quality and volume of gravel needed is not as well understood. It seems that most gravel maintenance/rehabilitation problems are blamed on the grader operator when the actual problem is often material related. This is particularly true when dealing with the problem of corrugation
or "washboarding." The problem is often perceived as being caused by the grader but is primarily caused by the material itself. This manual will help provide a better understanding of what makes good surface gravel.

Another important matter to consider is the dramatic change in the vehicles and equipment using low volume roads. Trucks and agricultural equipment are increasing in size and horsepower. The trend is toward even larger machinery. The effect of larger and heavier vehicles
on our paved roads is well understood. There is a definite need to build stronger bases and pavements. But the effect on gravel roads isjust as serious and often is not recognized. For this reason, a section on the design of gravel roads is included. The strength of the sUbgrade and depth of the material needed to carry tOday's heavy loads must be considered. Proper drainage is also important.

The final section of the manual covers innovations in the gravel road maintenance/ rehabilitation industry. Change is constant in almost every aspect of this modern world and maintaining gravel roads is no exception. There are new ways of stabilizing roads, new methods of dust control, new and different kinds of equipment available for maintenance/ rehabilitation of gravel roads, and even new surface materials such as recycled asphalt being used. Not all of these innovations may be available or practical for every local government entity, but everyone is encouraged to take an objective look at each of them. Then an informed decision can be made about changing the way gravel roads are designed and maintained within a particularjurisdiction.40 What is Good Gravel?

Example of a good blend of material for gravel surfacing. (Courtesy of Road Research Ministry of RoadslTransportation,Sweden) Good Gradation Gravel is a mixture of three sizes or types of material: stone, sand and fines. This will be discussed further in the next section.Without a good blend of these three sizes, the gravel will perform poorly. Unfortunately, poor performing gravel will often be blamed on the maintenance operator. But the operator cannot make good gravel out of bad gravel. Bad or poorly graded gravel
can not be changed to good gravel without additional costs, but it is often well worth it.

One common practice of improving surface gravel is to add new, clean, virgin fine gravel. Good surface gravel needs a percentage of stone which gives strength to support loads

- particularly in wet weather. It also needs a percentage of sand-sized particles to fill the voids between the stones and give stability. But a percentage of good, plastic fines are also needed to bind the material together which allows a gravel road to form a crust and shed water. In many regions of the country, this is a natural clay which gives the gravel a strong cohesive characteristic and keeps a reasonably tight surface especially during periods of dry weather. Some of the fine material in surface gravel will be lost, under traffic action, in the form of dust that rises from the surface and simply blows away. This can be compensated for by specifying a higher percentage of fines in the new gravel. However, no gravel surface will perform like pavement! There will be some loose aggregate or "float" on the surface of virtually all gravel roads. But striving to get as good a material as budgets and local sources allow will improve the performance of a gravel road. Benefit of Crushing In a few cases the gravel may simply be loaded onto trucks without processing. This is often referred to as "bank run"
or "pit run" gravel. There are few natural deposits of material that have
an ideal gradation without being processed. In some areas of the country it is still common to process gravel simply by screening to a maximum top size. A great benefit is gained from processing the material by crushing. This means that a good percentage of the stone will be fractured in the crushing process. The broken stones will embed into the surface of a gravel road much better than rounded, natural-shaped stone. It also means that the material resists movement under loads better and gives better strength
or stability. This will vary throughout the country, but bank run gravels are nearly always improved through the crushing process. Quarry gravels are considered very good material since they are composed of Virtually all fractured particles. Recycled Asphalt As more of our asphalt pavements wear out, many of them are recycled. This is usually done by milling or crushing. Sometimes the material is available for
use on a gravel road. It can be a good surface, but there are pitfalls. In this material, the bituminous portion of the old pavement becomes the binder. When placed on a road in hot weather, the recycled asphalt can take on the characteristic of pavement. But it will be
a weak pavement. It will often develop potholes and will be hard to maintain with simple blade maintenance. To help
overcome this problem,the material should be placed at a minimum three inch compacted depth and only on a road that has a strong subgrade. A better option is to mix the recycled asphalt 50/50 with virgin gravel. This will generally provide a material that still has a good binding characteristic, but remains workable for maintenance and reshaping. Recycled asphalt has also been mixed with crushed, recycled concrete and the performance has been good.Section IV: Dust Control and Stabi I ization/Types of Stabi I izers



# Section 

# IV: Dust Control and Stabi I 

# ization 51



### 1\ II gravel roads will give off dust 

## t-\ under traffic.After all, they are unpaved roads that typically serve a low volume of traffic, and dust is usually
an inherent problem. The amount of dust that a gravel road produces varies greatly. In areas of the country that receive a high amount of moisture, the problem is greatly reduced.Arid
or semi-arid regions such as the desert southwest and much of the great plains region in the USA are prone to long periods of dry weather. Similar regions around the globe can have similar weather patterns. Dust can really bring complaints in these areas if there are residences located near the road and traffic is high.

The quality and type of gravel also has some effect on the amount of dust. Some limestone gravels can dust severely while some glacial deposits of gravel with a portion of highly plastic clay can take on a strong binding characteristic that will resist dusting remarkably well. Still, in prolonged dry weather, there will be dust! Whether to provide some type of dust control
or not can be a hard decision to make. Virtually all methods of dust control require annual treatment. The cost can be prohibitive if traffic volume is low. On the other hand, if traffic is high, the cost of dust control
can more than pay for itself with the benefits of reduced material loss and reduced need for blade maintenance. (28) At this point, many agencies will face pressure to pave the road. It may actually be a good economic decision in the long run, especially if there is good indication that traffic will continue to increase in the future. However, never pave a road before it is ready! There is good information on making this decision in Appendix D.


# Types of Stabilizers

Chlorides These are the most commonly used products across the country. They fall into three categories: Calcium Chloride in flake or liqUid form, Magnesium Chloride generally in liquid form, and Sodium Chloride (road salt). Sodium is seldom used and is the least effective. Calcium and Magnesium Chloride can be very effective if used properly. They are hygroscopic products which, in simplest terms, means they draw moisture from the air and keep the road surface constantly damp. They are reasonably simple to use.
Resins These are products available under various commercial names. The basic composition is lignin sulfonate which is a by-product of the pulp milling industry. The product is sometimes called "tree sap" in the field. These products work best when incorporated into the surface gravel. They then provide cohesion to bind the soil particles together.
Natural Clays Some regions of the country have excellent deposits of natural clay that

### 52

are highly plastic and provide strong cohesion when added in the right quantity to gravel.However, in prolonged dry weather, these roads will seldom be completely dust free. It can be difficult as well to haul the clay onto the road and mix it into the gravel. Because it is highly plastic,it tends to stick to the truck boxes and requires quite an effort to mix with the gravel. Asphalts The use of cut-back liqUid asphalts to surface-treat gravel roads was once popular for dust control. However, because of the great amount of fuel oil or kerosene in these products, they have been banned in many places. Some emulsified asphalts may work for this purpose, but their use is very limited. The product must be applied with special asphalt application equipment. Soybean Oil This product is known technically as Acidulated Soybean Oil Soapstock. It is a by-product of the caustic refining process of soybean oil. It is a biodegradable material that has many of the characteristics of a light petroleumbased oil. It will penetrate a gravel surface and provide a light bonding Benefits of Stabilization

of the gravel that effectively reduces dust when it is used properly.
Other Commercial Binders There are too many of these to mention individually. They are marketed under various trade names across the country. It is always wise to try a test section of
no more than 1000 feet in length to see how any of these products work with your gravel. One caution: do not use waste products such as crankcase drain oil from engines. This is harmful to the environment and is in violation of EPA rules.



# Benefits of Stabilization 

# O nce a road is stabilized there are several benefits. On high volume roads, these benefits can make stabilization very cost effective.
Reduced Dusting It may be hard tojustify the use of any of these products for dust control alone. However, when the products are working well, the added benefit of a stabilized surface that controls the loss of fines through dusting is a great economic benefit.When the fines are lost from a gravel surface, the stone and sand-sized particles that remain will tend to remain loose on the surface, leading to some distresses like washboarding and reduced skid resistance. It will become very hard to maintain. Fresh gravel with a higher percentage of fines needs to be hauled in. This becomes very expensive.
Reduced "Whip 

### Orr" orAggregate
Tllis is another economic bonus to dust control when it is working well. As mentioned earlier, when dust control products are working well, the fine material in the gravel cannot loosen and dust away. This also means that the stone portion of the gravel will tend to remain embedded in the surface and will not be lost to the edge of the road or even whipped off onto the inslope from heavy traffic. Studies have shown that as much as one ton of aggregate per mile is lost each year for each vehicle that passes over a road daily. This means that a road carrying 200 vehicles per day will experience the loss of 200 tons of aggregate per mile each year. (7) Obviously this will vary with the amount of rainfall received, the quality of the gravel and other factors. Retaining aggregate is a good added benefit to dust control.
Reduced Blade Maintenance A road surface that remains tightly bound and stable will require much less blade maintenance. The manufacturers of some dust control products highly recommend that the surface should not be bladed at all after their products are applied.While extra blading, shaping and mixing is needed to prepare a road for dust control, the overall need for blade maintenance should be greatly reduced. This can be a great savings in equipment expense and labor. A county highway official once commented:" I don't react to dust complaints. All gravel roads have dust. But I do react to high maintenance costs. When we have to reg ravel a road frequently and do blade maintenance frequently, then it's time to look at stabilizing the surface with Magnesium Chloride. Reduced maintenance is what we're after. Dust control isjust
a bonus!"Appendix D:When to Pave a Gravel Road



# pendix hen to ave a ravel* Road D1

by Kentucky Transportation Center, University of Kentucky at Lexington,KY



### Contents
• A Word About the Term "Paved"

• Introduction

• Gravel or Paved: A Matter of Trade-offs

• When Should We Pave This Gravel Road? A Ten Part Answer 1, After Developing a Road Management Program 2, When the Local Agency Is Committed to Excellence 3, When Traffic Demands It 4. After Standards Have Been Adopted 5. After Considering Safety and Design 6. After the Base and Drainage Are Improved 7. After Determining the Costs of Road Preparation 8. After Comparing Pavement Life and Maintenance Costs 9. After Comparing User Costs 10. After Weighing Public Opinion

• Stage Construction

• Summary

• References



### *Gravel as used here may refer to sand and gravel,or to crushed stone.

### TRASH COLLECTION LETTERFROM THE CITY OF EL PASO 

### TheTCEQ received aletter dated October4, 2010, 

### from the City ofEl Paso Environmental Services Departmentto confirmthe City's policy ofnotpicking up trash via alleys from residential customers. This practice reduces fugitive dust emissions byreducing the traffic on unpaved alleys. The Environmental Services Department anticipates no changes to this policyin 

### the future.

### SERVICE SOLUTIONS SUCCESS 

### October4,2010

Ms. ShelleyNaik El Paso SIP ProjectManager Texas Commission onEnviromental Quality 1210035 Park Circle, Building 

### F MC-206 Austin 78711-3087
RE: SolidWaste collection in alleyways
DearMs. Naik;
As peryourrequest, this letter confirms our currentpolicy ofnotpicking up trash via alley ways from residential customers. All residential customers are requiredto place theirtrash bins along their corresponding paved street.
Ifyou have any more questions, please contactMiguel Parraat 915-599-6235. Sincerely,

Ellen Smyth Director



## EI Paso 

# -*.'- AHlRicaCIIJ 

# "IIJ.' ENVIRONMENTAL SERVICES DEPARTMENT

2010 7968 SAN PAULO, ELPASO, TEXAS 79907·915·621-6700· FAX 915-621-6711

. WWW.ELPASOTEXAS.GOV

### APPENDIX S: DRAFT REVISED MEMORANDUM OF AGREEMENTWITH THE CITYOF EL PASO (Project No. 2011-026-MIS-NR)

## MEMORANDUM OF AGREEMENT
I. 

### PARTIES This Memorandum ofAgreement (MOA) is entered into between the Texas Commission on Environmental Quality (TCEQ) and the City ofEI Paso local government (the City), collectivelythe "Parties."
1. 

### The Parties represent thattheyhave the authorityto enterinto this MOA, including the authoritygranted in the Texas Government Code Chapter 791 

### Interlocal Cooperation Contracts. 2. 

### The TCEQ has authority under §S.229 

### ofthe Texas Water Code and §382.033 

### ofthe Texas Health and Safety Code to enterinto this MOA. 3. 

### The Local Governments have authorityunder §382.11S 

### ofthe Texas Health and Safety Code to enterinto this MOA. 

### II. INTENTAND PURPOSE The intent ofthis MOAis to memorialize the agreementbetween the Parties to provide the Citywith alternative methods ofparticulate matter (PM) control consistentwith attainment and maintenance ofthe particles with an aerodynamic diameterless than or equal to a nominal 10 

### micrometers (PMlO) 

### National AmbientAir QualityStandard (NAAQS). The purpose ofthis MOAis to setforth in plain languagethe understanding ofthe Parties regarding theirrespective responsibilities underthe Texas State Implementation Plan (SIP) as it pertains to the CityofEI Paso (EI Paso area). 

### III. DEFINITIONS As 

### used in this MOAthe following terms have the meanings givenbelow:
1. 

### "EPA" shall mean the United States Environmental ProtectionAgency. 2. 

### "TCEQ" shall mean the Texas Commission on Environmental Quality. 3. "the City" shall mean the City ofEI Paso, Texas local government. 4. "EI Paso area" shall mean the City ofEI Paso PMlO 

### nonattainment area. 5. "SIP" shall referto the State Implementation Plan. 

### IV. BACKGROUND
1. 

### Under §110 

### ofthe Federal CleanAirAct (FCAA), 42 

### United States Code (USC), §741O, 

### each state that has a nonattainment area must submit a SIP to the EPA demonstrating strategies to come into compliance with the NAAQS. 2. 

### Section 110 

### ofthe FCAA, 42 

### USC §7410 

### also requires Texas to submitto the EPAfor approval any SIP revisions andto demonstrate that such SIP revisions will not interfere with any applicable requirement concerning attainment and reasonable

### further progress or any otherrequirement ofthe FCAA, as requiredby §110(l) ofthe FCAA. 3. Underthe 1990 FCAAAmendments, the EI Paso areawas designated nonattainment under FCAA §107(d)(4)(B) for the PMlO 

### NAAQS and subsequently classified as a moderate PMlO 

### nonattainment area. 4. In November 1991, the Texas Air Control Board (TACB), a predecessor agency ofthe TCEQ, submitted an attainment demonstration SIP revision. The SIP revision included PM control measures in 30 Texas Administrative Code (TAC) Chapter 111, Control ofAir Pollution from Visible Emissions and Particulate Matter, Subchapter A, Division 4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots. 5. The control measures adopted in 30 TAC §111.147 required paving as a method of dust control in the EI Paso areafor specified roads and added a requirementthat alleys be paved at the rate of15 miles peryear. §111.147 also setfrequencies for street sweeping in designated sections ofthe EI Paso area. 6. In 1991, a Memorandum ofUnderstanding (MOU) between the City andthe TACB was approved to outline the responsibilities and regulatory requirements forboth Parties. 7. The 1991 MOU was replaced with aMOAwith the Cityin 2001. 8. This MOAreplaces the 2001 MOAwith the City. The MOAis being revisedto reflect changes to the control measures in 30 TAC §111.147. 

# v. UNDERSTANDING 

### 1. The City agrees to maintain programs funded annuallyin the City's capital improvementbudget andin the DepartmentofTransportation operations budgetto complywith environmental regulations; 2. The Parties agree thatthe continued enforcement ofno-burning periods may contributeto improvementin air quality inthe EI Paso area. The Citywill continue to enforce the regulations regarding burning containedin Chapter9.38 ofthe EI Paso City Code, andwill continue to notifythe local office ofTCEQ ofviolations of Chapter9.38 and 30 TAC §111.111. 3. TheTCEQ agrees to submitthis agreement to the EPAas an appendix to the EI Paso PMlO 

### SIP revision. VI. TERM, RENEWAL, TERMINATION, AND MODIFICATION 

### This MOAwillbecome effective upon signatureby all Parties and shall remain in effect for ten years oruntil superseded. Following this ten yearperiod, the MOA shall automaticallybe renewedfor successive one-yearrenewal terms, without the necessity offormal action on the part ofeitherParty, unless one ofthe Parties shall provide written notice ofnon-renewal 90 days priorto the end ofthe renewal term, whereupon the MOA shall terminate at the end ofthe renewal term, as applicable. Representatives ofthe Parties will have by no laterthan the last day ofMarch eachyear during the renewal termto considerwhether any revisions ormodifications to the MOAmaybe

### necessary or desirable. Anyrevision, modification, oramendment ofthe terms ofthe MOA mustbe made in writingby agreement ofthe Parties. VII. MISCELLANEOUS 

### This MOArepresents the entire agreementbetween the TCEQ andthe City and supersedes all other agreements, understandings or commitments, written ororal, relative to the intent ofthis MOA. This MOAmaynotbe amended ormodified except pursuantto a mutual written agreement executedby each ofthe Parties. This MOA shallbe governedby and interpretedin accordance withthe laws ofthe State ofTexas. InWitness Thereof, Texas Commission on Environmental Qualityand the City ofEl Paso, bytheir authorized officers, have made and executedthis MOAin multiple copies, each ofwhich is deemed an original.

AGREED to bythe undersigned Parties, this dayof , 2011.



### ATTEST:

By:

_ 

### Name: [name ofdesignated signer] Date Title: El Paso SIP Coordinator TEXAS COMMISSION ON ENVIRONMENTAL QUALIIT
By:

_ 

### Name: Mark R. 

### Vickery, P.G. Date Title: Executive Director

### ATIEST:
By:

_ Name: [name ofdesignated signer] Date Title: El Paso SIP Coordinator

APPROVED AS TO FORM:
By:

_ Name: [name ofdesignated signer] Date Title: [title ofdesignated signer] CITY OF EL PASO, TEXAS
By:

_ Name: [name ofdesignated signer] Date Title: [title ofdesignated signer]

APPROVED AS TO CONTENT:
By:

_ Name: [name ofdesignated signer] Date Title: [title ofdesignated signer]

# TESTIMONY

### Reference Number
W-l INDEX OF WRITTEN TESTIMONY

Submitted by
Ellen Smyth, the City ofEI Paso

### Sincerely, DearMs. Horn:

Environmental Services Department 7968 San Paulo Drive, El Paso, TX 79907 0 (915) 621-6700 0 Fax (915) 621-6711 www.elpasotexas.gov 

### Attachment: ExhibitA (revised/proposedMemorandum ofAgreement) Ellen Smyth, P.E. Director The following changes are consistent with city policies and are in the best interest of the citizens of the City of EI Paso, Texas. If you have any questions, please contactme at 915-621-6700. The City ofEl Paso submits its changes for your considerationto the proposed Memorandum of Agreement (Project Number 2011-026-MIS-NR). There changes are primarily formatting and non-substantive changes to the document structure. Please see attached revised MOA. We understand thatthe commentperiod onthis projectcloses on October 3, 2011. 

# W-1

September29,2011

RE: ProjectNumber 2011-026-MIS-NR Ms. Charlotte Horn Texas Commission on Environmental Quality Office ofLegal Services 'MC205 P.O. Box 13087 Austin, Texas 78711-3087 

### SERVICE SOLUTIONS SUCCESS Dedicated to Outstanding CustomerService fora Better Community



### EIPaso 

# bOd**A11·Ame~caCltY** 

# ,IIIJ.'

2010

# EXHIBIT A

## MEMORANDUM OF AGREEMENT
1. 

### PARTIES 

### This Memorandum ofAgreement (MOA) is enteredintobetweenthe Texas Commission on Environmental Quality (TCEQ) andthe City ofEI Paso, Texas (the "City"), collectivelythe "Parties." 1. 

### The Parties representthattheyhavethe authorityto enterinto

## ,thi~ MOA, including the authoritygrantedinthe Texas Government Code Chapter791 Interlocal Cooperation Contracts. ,/

## <i>

... , 2. TheTCEQ has authorityunder Section 5.229 ofthe/Texa.s WaterCode and Section 382.033 ofthe Texas Health and Safety Codeto enterinto this MOA.···, 3. The Local Governments have authorityunder Section 382.115 oftheTeJtas'Bealth and SafetyCodeto enterinto this MOA. '. [' 'sY;, /" 

### II. PURPOSEAND INTENT '} 

### Thepurpose ofthis MOAis to setforthJn plainlanguagetheunderstanding ofthe Parties regardingtheirrespective responsibilities undertheTexasBtate Implementation Plan (SIP) as itpertainsto certain streets and alleys withinthe ,City. \);:

- "',;**"'::_'::,:.'-'''_:.:',''~';~:::->:~:''** ", 

### .:<j/ 

### Theintent ofthe Partiesby andthrought'Qis**lY.lgki()t0rn~prorialize** 

### the agreement betweenthe Parties to providethe City**withalternativ~¢ethods** 

### ofparticulate matter (PM) control consistent:withattainmentaridmaintenatlce ofthe particles with an aerodynamic diameterless thanorequalto**ano~inal10** 

### micrometers (PMlO) 

### National AmbientAir QualityS,tandard (:N;AAQS). .' /



### .···•...•···.·•..

# ·/~/;'·III~I>EFi~ITIONS As 

### usediIltp.isMOAthefollovvlng

# termsh~ve the meanings givenbelow: 1.

# "EP~"~hall**mearitheUnitedSta.f~~** Environmental ProtectionAgency.**2.~~TCE8"shall** 

### meanthe\!exas'Commission on Environmental Quality. 3. "the City" shallmeanwe CityofEI Paso, Texas local government. 4. "EI Paso

## ~re~"shall pj.eanthe City ofEI Paso PMlO 

### nonattainmentarea

'. ,/"'. 

### 5. "SIP" shall refert9the Texas State Implementation Plan. IV. BACKGROUND
1. 

### Under Section 110 ofthe Federal CleanAirAct (FCAA), 42 U.S.C. §7410, each state thathas anonattainmentarea must submita SIPtothe EPAdemonstrating strategies to comeinto compliance withthe NAAQS. 2. Section 110 ofthe FCAA, 42 U.S.C. §7410 also requires Texas to submitto the EPA for approval any SIP revisions andto demonstratethatsuch SIP revisions will not interferewith any applicable requirementconcerning attainmentandreasonable

1

### further progress orany otherrequirement ofthe FCAA, as requiredby §1l0(1) ofthe FCAA. 3. Underthe 1990 FCAAAmendments, the City ofEI Paso (EI Paso area) was designatednonattainmentunder FCAA §107(d)(4)(B) forthe PM10 NAAQS and subsequently classifiedas a moderate PMlO 

### nonattainmentarea. 4. In November 1991, the Texas Air Control Board (TACB), apredecessor agency ofthe TCEQ, submittedan attainmentdemonstration SIP revision. The SIP revision included PM control measures in 30 TAC Chapter 111, Control 9fAir Pollutionfrom Visible Emissions andParticulate Matter, SubchapterA, Divisjon4,Materials Handling, Construction, Roads, Streets, Alleys, and**Parki~.g'Lots.** 

### . 5. The control measures adoptedin §111.147 required**pa~n;g** 

### asain.ethodofdust control inthe EI Paso areafor specifiedroads and added arequirementthat alleysbe paved attherate of15 miles peryear. Section llLl4zalso,set**frequ~Ilcies** 

### for street sweeping in designated sections ofthe EI Pasoarea.

...•...' ..............•...

## ............,J' 6. In 1991, a Memorandum ofUnderstanding/N.IbU) betWeenthe City an<;ltIte'TACB was approvedto outlinethe responsibilitiesandregulqtg11Tl'equirements forboth parties. "'/'/ '. 7. The 1991 MOUwas replacedwitha.MOAwiththe**Cityill~oo1.** 

### 8. This MOAreplacesthe 2001 MOAwiththeCity. ," 

# v.

# UNDERST~DtNG//;> -"'. ""AO.)/<-":c:,:.:';,:"j::p.,':'::";:;'/ 

### 1. The City agrees to majntainprograms fullaed annlllUlyinthe City's capital improvementbudgepmdinthe City Department(s)operationbudget(s) to comply with environmeJ;lta,lregulati(jIls; "

.. '7 /'

. . / 2. 

### The Parties**agf~e'tha~t~e cqn~nlled.enfoJ;'q¢:tllent**  

### ofno-burning periods may contributeto**improve'in~W>inaircq'l:lalitY:;irl**

### the El Paso area. The Citywill continue to enforq,ethe]:'egulations**r~garding** 

### burning containedin Chapter 9.38 ofthe EI**Paso,c~tyCode,andwill** 

### continue

# to notifythelocal office ofTCEQ ofviolations of Cll,apter9.38 and 30 TAC § 111.111: 3. <:theT§EQ agrees to submitthIS agreementto the EPA as atechnical support documenttothe EIPaso PMlO 

### SIP revision.

2

### VII. MISCELLANEOUS This MOArepresents the entire agreementbetweenthe TCEQ andthe City and supersedes all other agreements, understandings or commitments, written or oral, relativeto the intentofthis MOA. This MOAmaynotbe amended or modified except pursuantto a mutualwritten agreementexecutedby each ofthe Parties. This MOA shallbe governedby andinterpretedin accordance withthelaws ofthe State ofTexas. In

### Witness Thereof, Texas Commission on Environmental Qualityandthe City ofEl Paso, bytheir authorized officers, have made and executed**thi~/MOA** 

### in multiple copies, each ofwhichis deemed an original. ' /" /" /' 

### AGREED tobythe undersigned Parties, this ",..,..'dayof -,- , 2011.
/
.... /' 

### ATTEST:

RichardaMomsen El Paso City Clerk Date:

_
APPROVED AS TO .L'U'.L"-LY.L., ,



### Elizabeth M. Ruhmann Assistant

## 9i.~~'"1'~~1iB~l{' Date:**--:+~--"";""''''';'''''i2:-**



### Name El Paso SIP Coordinator Date:

_



### 3 Crr'Y'OF

## EL'l?A,~O, TEXAS**<':>::;?~;:~ .~-<'**  

### Joyce wilsoH, Manager/, .;/: " 1£:::-/



### AS TO CONTENT:

W. Cole Director, Department ofTransportation Date:

_
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Mark R. 

### Vickery, P.G. Executive Director Date:

_

### INDEX OF ORALTESTIMONY



### NO ORALTESTIMONYWAS RECEIVED PERTAININGTO THIS SIP REVISION.

### Page 1

,---._------------ --------_._--- --------_
.._---_._---------, 

# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PUBLIC HEARING REGISTRATION 

## Location: EI Paso State Office Building, Room 570 Date: September 27,2011,2:00 p.m. Concerning: Proposed Chapter 111 Rule Amendments, EI Paso PM 10 

## SIP Revision, and Revised Memorandum of Agreement with the City of EI Paso 1-----------------------,-_._

.._----_._.... NAME REPRESENTING PRESENTING ORAL TESTIMONY? (CIRCLE ONE) 1----·---------_····

__··· -····-··1----·----------------


### Yes

.- ... ----f--------

------ 1----

------ ..- --------___\_ 

# £-- L

### p~ Si) 

### /Y\ 

## f' 0 1----------.------- ----+----------1---- ------.

# :,'~k**~-** r" \\ 

## I

# ~.~.:,/', 

# C)'
r-

# f~ctSD / 

# bV, >Vc5>. 

# uef+...**'~**

..... ---- - ----..-..-.e----------- 

# C1 ,Ir?!**/~j** D Yes 

# @)
( /**/~** Yes (No //**L-~**

### Page 2

r------------- 

# TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PUBLIC HEARING REGISTRATION 

## Location: EI Paso State Office Building, Room 570 Date: September 27,2011,2:00 p.m. Concerning: Proposed Chapter 111 Rule Amendments, EI Paso PM 10 

## SIP Revision, and Revised Memorandum of Agreement with the City of EI Paso**-~-_._---------- ----,---~----------**  --------,-----------j



## --_._- REPRESENTING NAME

_··_--_··

__···_·--1 --.------------- PRESENTING ORAL TESTIMONY? (CIRCLE ONE)



### Yes

# c0

Yes No

..
_ ....
_ ..**_-----_-.._~._----+** --------_._--+---_._._-----


### Yes No

Yes No

r-----·-··--··----------
..**-----I--~** __....**_~** ...
__.
__.
_


### Yes No '----_._-_

.._--_

.._-----
..._-------'-_._---_

..

## _ ...._._--

.._._-.-------'----_

..

### _-_._-

## TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

HEARING OFFICER REPORT



### I am the hearing officer assigned to conduct the public hearing regarding the proposed revisions to 30 Texas Administrative Code, Chapter 111, Subchapter A, §

### 111.147, relating to roads, streets, and alleys (Rule Project Number 2010-046-111-EN), the proposed revised Memorandum ofAgreement between the TCEQ and the City ofEI Paso (Project Number 2011-026-MIS-NR), and the proposed revision to the State Implementation Plan for the EI Paso nonattainment area for particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PMlO) 

### (Project Number 2011-010-SIP-NR).
A public hearing was scheduled for September 27, 2011, at 2:00 p.m., at the EI Paso Regional Office, at 401 E. Franklin Avenue, Suite 560.
At 2:00 p.m., the room was open, TCEQ staff and a court reporter were present and ready to open the hearing for public comment. After waiting for 15 minutes, no one had arrived to make comments on the record. Therefore, the public hearing was not formally opened for comment and no transcript was prepared.

# _C1I~,----2-0_'**_~(**_'----'----

__ Date signed

# EVALUATION

# Texas 

# Commission on Environmental Quality InterofficeMemorandum
To: Commissioners Date: January 6, 2012 

## Thru: Bridget Bohac, ChiefClerk MarkR. Vickery, P,G., Executive Director 

## From: SusanaM. Hildebrand, P.E., Chief

# Engine~ DocketNo.: 2011-0707-SIP 

## Subject: CommissionApproval oftheAdoption ofthe El Paso State Implementation Plan (SIP) Revision to Incorporate a RevisedMemorandum ofAgreement (MOA) with the City ofEl Paso Non-Rule ProjectNo. 2011-01O-SIP-NR 

## Background andreason(s) for the SIP revision: The City ofEl Paso (El Paso area) was designatednonattainmentunder Federal CleanAir Act (FCAA), §107(d)(4)(B) for NationalAmbientAir Quality Standard (NAAQS) for particles with an aerodynamic diameterless than or equalto a nominal 10 micrometers (PM lO) 

### and subsequently classifiedas a moderate nonattainmentarea. In November 1991, the Texas Air Control Board (TACB), a predecessor agency ofthe Texas Commission on Environmental Quality (TCEQ), submitted an attainment demonstration SIP revision. The SIP revision included particulate matter(PM) control measures in 30 Texas Administrative Code (TAC) Chapter 111, Control ofAirPollution fromVisibleEmissions and Particulate Matter, SubchapterA, Division 4, Materials Handling, Construction, Roads, Streets, Alleys, andParking Lots. The control,measures adoptedin §1ll.:t47requiredpaving as a method ofdust controlinthe El Paso area for specifiedroads arid added arequirementthat alleys be paved atthe rate of15 miles peryear. Section 111.147 also setfrequencies for street sweeping in**design~ted** 

### sections ofthe El Paso area. On November5,1991, a Memorandum ofUnderstanding (MOU) betweenthe City ofEI Paso local government (the City) andthe TACB was signedto outlinethe responsibilities and regulatory requirements forbothparties. This MOUwas submittedto the United States Environmental ProtectionAgency (EPA) as Appendix Qofthe 1991 EI Paso PMlO 

### attainmentdemonstration SIP revision. The EPA approvedthe MOU as part ofthe EI Paso PMlO 

### SIP onJanuary 18,1994. On October9, 2001, the 1991 MOD was replacedwith a Memorandum ofAgreement (MOA) since MODs aretypicallyused onlyfor agreements betweentwo state agencies and this agreementwas between an agency and a city. 

### Althoughthe MOAwas submittedto the EPAin a letter datedFebruary19, 2002, itis unclearwhetherthe EPA acceptedit as a SIP revision. Furthermore, the MOAis notincluded inthe listed SIP documents inthe Code of Federal Regulations (CFR). Theproposed SIP revisionwould incorporate a revisedMOA into the EI Paso PMlO 

### SIP.
To preparetherevisions to the Chapter 111 rules andMGA, the TCEQ requested informationfrom the City on December 28, 

### 2009, to ascertain what efforts the Cityis

### Commissioners

. Page 2

January 6, 2012 Re: DocketNo. 2011-0707-SIP
takingto control PM emissions. InaresponseletterdatedJanuary 29, 2010, the City ofEl Paso indicatedthefollmving;

• the Cityhas programs funded annuallyinboththe City's capital improvementbudget andin the DepartmentofTransportation operations budgetin an effortto complywith environmental regulations;

• the Cityhas committedto an alleypaving program at alevelin alignmentwithits own internalbudgetarycapacities, but not atthe rate of15 miles peryear as requiredlmder §111.147;

• the Citymaintains an inventoryofstreetand alleypaving efforts to documentthe current status andprojections for future paving activities; and

• the City's AirQuality Program conducts surveillance andinvestigationsto ensure compliancewith, and enforcementof, Chapter 111 rules. Forthe sitereporting Federal Reference Method (FRM) PMio datafor all threeyears from 2007through 2009 (Socorro AQS ID 481410057), there were no exceedances ofthe PMlO 

### 24-hourNAAQS. The inventory ofunpaved alleys has decreasedfrom 66% in 1991 to 16% in 2010, with approximately 23 miles ofunpaved alleys remaining. Cityactionto reduce airborne PMlO

### has also reducedthe needto sweep streets atthe frequencies specifiedunder the current §1l1.147 rule. TheTCEQ has a separaterulemaking (Rule ProjectNo. 201O-046-111-EN) that amends §ill.147(1)(E) to remove the requirementfor the CityofEl Pasoto pave alleys atthe rate of ·15 miles peryearandreplace itwith the follovving requirements: 1) all newalleys shallbe paved; 2) unpavedalleys maynotbe usedfor residential garbage and recycling colleCtion; and 3) reclaimed asphaltpavement (RAP) maybeused as an alternate means ofPM control for alleys. The nuemaking also amends §111.147(2) to changethe sweeping frequency requirementfrom four times peryearto three times peryearinthe 

### citylimits andfrom sixtimes perweekto fourtimes perweekinthe centralbusiness district. The Cityhas demonstratedthatthe unpaved alley inventorywill notincrease due to a city ordinance thatrequires developers topave anynew alleys. Furthermore, alleys have not beenused for residential garbage collection since 1997, so the traffic in alleys has been dramaticallyreduced. Finally, RAP has beenusedto cover some unpaved alleys, whichhas provento be as effective as paving. In addition, the City continues to includepaving and sweeping inits annual budget. The TCEQ believes thatthe combination ofthese actions demonstrates thatthe EPA anti-backsliding provisions in FCAA, §no(1) are met.· The 2001 MOAwiththe Cityhas beenrevisedto reflectthese changes to §111.147 (Project No. 2ol1-o26-MIS-NR). The adopted SIP revisionwill incorporatethe revisedMOAinto the EI Paso PMlO 

### SIP.

### Commissioners Pages January 6, 2012
Re: Docket No. 2011-0707-SIP


### Scope ofthe SIPrevision: A.) 

### Summary 

## ofwhatthe SIPrevisionwill do:

, The adopted SIP revision will incorporatethe changes to §111.147 as adoptedin a separate

rulemaldng (Rule Project No. 2010-046-111-EN). The adopted SIP revision will also incorporate a revised MOAbetweenthe City ofEl Paso andthe TCEQ (Project No. 2011- 026-MIS-NR) into the SIP. The 2001 MOAwith the Cityisbeing revisedto reflectthe alternative control measures proposedinthe revisions to §111.147 andthe respective responsibilities ofthe CityandTCEQ underthe SIP. 

### B.) Scope requiredbyfederal regulations or state statutes: This SIP revisionwill incorporate a revised MOAwith the City andthe adopted revisions to the Chapter 111 rules. 

### C.) Additional 

## staffrecommendations that are notrequired byfederal rule or state statute: None 

### Statutoryauthority: The authorityto propose andadoptthis SIP revision is derivedfrom Texas Health and Safety Code, Texas CleanAirAct (TCAA), §S82.002, which provides thatthe policyand purpose ofthe TCAAis to safeguardthe state's airresources from pollution; TCAA, §S82.011, which authorizes the commissionto control the quality ofthe state's air; and §S82.012, which authorizes the commissionto prepare and develop a general, comprehensive plan forthe control ofthe state's air. 

### Effecton the: A.) 

### Regulated community: The rule revision and revised MOAwill update the PM controls requiredto attain and maintainthe PMlO 

### NAAQS. The Citywill have greaterflexibility inthe implementation of the PM control requirements in §111.147. 

### B.) Public: Implementationofthe revised rules and MOAwill continueprotection ofpublic health through continued control ofPMlO 

### inthe El Paso area. 

### C.) Agencyprograms: There is no anticipatedimpact on agencyprograms. 

### Stakeholder meetings: No stakeholdermeetings were held.

### Commissioners Page 4 January 

## 6, 2012 

### Re: Docket No. 2011-0707-SIP



### Public comment: The commission offered a publichearing for the proposed SIP revision in El Paso on September 27, 2011. Aquestion and answersessionwas held 30 minutes priorto the meeting. The hearing was not officiallyopened, because no partyindicated a desire to give comment. The public commentperiodopened on September 2, 

### 2011, andclosed on October

### 3, 2011. Two commentletters were receivedfrom the City ofEl Paso. The City ofEI Paso suggested language to be addedto the §Ul.147nIle amendments and non-:substantive edits to the MOA. A summary ofthe comments andthe TCEQ response is provided as part ofthis SIP revision in the

## Response to Comments. Significant changes from proposal: The City ofEI Paso recommendedadding "unpaved" and "residential" to proposed §

### 111.147(1)(E) because sometrash pick-up routes do occurin paved alleys. The TCEQ has madethe suggested changes to §111.147(1)(E) andthese changes are also reflectedinthis SIP revision. 

### Potential 

## controversial concerns and**legislativ~** 

### interest: The separate nIlemaking (RuleProjectNo. 201O-046-111-EN) includes a demonstration to complywith the EPA anti-backslidingprovisions in §110(l) ofthe FCAA. The §l1o(l) demonstration includes the substitution ofthe alleypaving and street sweeping measures as statedin §111.147(1}(E) and (2) 

### with alternate control measures currentlyin place in the EI Paso areathathave resultedin PMlO 

### emissions reductions equivalentto, orgreaterthan, whatwouldhavebeen achievedifthe City had compliedwith thepriorversionof §1l1.147(1)(E) and (2). These control measures include reduced alleytraffic, city ordinances requiring developers to pave any new alleys they create, and the use ofRAP on existing alleys. The EPAdid not submit comments onthe proposed rulemaldng or §110(l) demonstration. 

### Does this SIP revisionaffect any currentpolicies or require development of newpolicies? No 

### "What arethe consequences 

## if

## this SIP revisiondoes notgo forward? Are there alternatives to this SIPrevision? The commission coulddecide notto adopttheproposed amendments to Chapter 111, and the revised MOAwould notbe needed. The City ofEI Paso wouldbe obligatedto comply with existing rules and MOArequirements limiting the City's fiscal andtechnical flexibility to control PMlO 

### inthe El Paso area and complywiththe SIP.

### Commissioners Pages January 6, 2012
Re: DocketNo. 2011-0707-SIP


### Agencycontacts: ShelleyNaik, 239-1536, Air Quality Division Terry Salem, 239-0469, Environmental Law Division Joyce Spencer, 239-5017, Air QualityDivision

cc: ChiefClerk, 2 copies Executive Director's Office SusanaM. Hildebrand, P.E. Anne Idsal Curtis Seaton Ashley Morgan

. Office ofGeneral Counsel Shelley Naik Joyce Spencer

# RECOMMENDATION

### REVISIONS TO THE STATE OFTEXAS AIR QUALITY IMPLEMENTATION PLAN FORTHE CONTROL OF PARTICULATE MATTERAIR POLLUTION

EL PASO PARTICLES WITH AN AERODYNAMIC DIAMETERLESS

THAN OR EQUALTO ANOMINAL TEN MICROMETERS (PMlO) 

### MODERATE NONATTAINMENTAREA



# -- 

# - - 

# - 

# - - .- 

# -

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY P.O. BOX 13087 AUSTIN, TEXAS 78711-3087



### REVISED MEMORANDUM OFAGREEMENT WITH THE CITY OF EL PASO

PROJECT NUMBER 2011-01O-SIP-NR

Adoption January 25, 2012

### Thispage intentionally leftblank

### EXECUTIVE SUMMARY 

### The City ofEl Paso was designated nonattainmentfor the National AmbientAir Quality Standard (NAAQS) for particles with an aerodynamic diameter less than or equalto a nominal 10 micrometers (PMlO) 

### and classified as a moderate nonattainment areaupon enactment ofthe Federal CleanAirActAmendments (FCAA) of1990. On November 15,1991, Texas submittedto the United States Environmental ProtectionAgency (EPA) a state implementation plan (SIP) revision for the E1 Paso moderate nonattainment areato demonstrate thatthe areawould attain the PMlO 

### NAAQS no laterthan December 31, 1994. The international impacts provision in FCAA, §179B, provides that an area does not have to meetthe moderate nonattainment deadline ifthe state demonstrates attainmentbutfor emissions emanating from outside the United States. Air dispersion modeling ofUnited States emissions included inthe SIP revision indicated that the El Paso nonattainment areawouldhavebeen in attainment in 1991, and at the 1994 deadline, butfor emissions transportedfrom Mexico. Although the area modeled attainmentwith United States emissions only, fugitive dust control measures were adoptedto minimize impacts from United States sources. The 1991 SIP revision included control measures in 30 Texas Administrative Code (TAC) Chapter 111, Control ofAir Pollution from Visible Emissions and Particulate Matter, SubchapterA, Division 4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots. The control measures adopted in 30 TAC §111.147 required paving as a method ofdust control inthe City ofEl Paso for specifiedroads and added a requirement that alleys be paved atthe rate of15 miles peryear. Section 111.147 also setfrequencies for street sweeping in designated sections ofthe E1 Paso area. On November 5, 1991, a Memorandum ofUnderstanding (MOU) between the City ofEl Paso local government (the City) andthe Texas Air Control Board, apredecessor agency ofthe Texas Commission on Environmental Quality (TCEQ), was signedto outline the responsibilities and regulatory requirements forboth parties. This MOU was submittedto the EPA as Appendix Q: 

### Memorandum ofUnderstanding with the City of ElPaso ofthe 1991 El Paso PMlO 

### attainment demonstration SIP revision. OnJanuary 18,1994, the EPApublished inthe 

### Federal Register (FR) approval ofthe El Paso PMlO 

### SIP revision, including the MOU, effective February 17,1994 (59 FR02532). On October 9, 2001, the 1991 MOU was replacedwith a Memorandum ofAgreement (MOA) because MOUs are typically used onlyfor agreements between two state agencies andthis agreement was between an agency and a city, so an MOAwas consideredmore appropriate. Although the MOAwas submittedto the EPAin a letter dated February 19, 2002, it is unclear whether the EPA acceptedit as a SIP revision. Forthe site reporting Federal Reference Method (FRM) PMlO 

### data for all three years from 2007 through 2009 (Socorro AQS ID 481410°57), there were no exceedances ofthe PMlO 

### 24-hour NAAQS. The inventory ofunpaved alleys has decreased from 66% in 1991 to 16% in 2010, with approximately 23 miles ofunpaved alleys remaining. Additional city action to reduce airborne PMlO 

### has also reducedthe needto sweep streets at the frequencies specifiedunderthe current 30 TAC §111.147 rule. TheTCEQ has a concurrent rulemaking to amend 30 TAC §l11.147(1)(E) to remove the requirementfor alleys inthe City ofEl Paso to be paved atthe specifiedrate of15 miles peryear and replace itwiththe following requirements: 1) all new alleys shallbe paved; 2) unpaved alleys may notbe usedfor residential garbage and recycling collection; and 3) reclaimed asphalt pavement maybe used as an alternate means ofparticulate matter controlfor alleys. The rulemaking also amends 30 TAC §111.147(2) to changethe sweeping frequency requirement



### ES-l

### from fourtimes peryearto three times peryear inthe citylimits andfrom six times perweekto fourtimes perweekinthe centralbusiness district. The 2001 

### MOAwiththe Cityhas also been revisedto reflectthese changes to 30 

### TAC §111.147. 

### The current SIP revision incorporates the revised 30 

### TAC §111.147 

### and MOAinto the 

### EI Paso PMlO 

### SIP.

### SECTIONV: LEGALAUTHORITY 

### General TheTexas Commission on Environmental Quality (TCEQ) has the legal authorityto implement, maintain, and enforcethe National AmbientAir Quality Standards (NAAQS) andto control the quality ofthe state's air, including maintaining adequate visibility. Thefirst airpollution control act, known as the CleanAirAct ofTexas, was passedbythe Texas Legislature in 1965. In 1967, the CleanAirAct ofTexas was supersededbya more comprehensive statute, the Texas CleanAirAct (TCAA), found inArticle 4477-5, Vernon's Texas Civil Statutes. The legislature amendedthe TCAAin 1969, 1971, 1973, 1979,1985,1987,1989, 1991, 1993, 1995, 1997, 1999, 2001, 2003, 2005, 2007, 2009, and 2011. In 1989, the TCAAwas codified as Chapter382 ofthe Texas Health and Safety Code. Originally, the TCAA statedthatthe Texas Air Control Board (TACB) is the state air pollution control agency and is the principal authority in the state on matters relating to the quality ofair resources. In 1991, the legislature abolishedthe TACB effective September 1, 1993, and its powers, duties, responsibilities, andfunctions were transferredto the Texas Natural Resource Conservation Commission (TNRCC). With the creation ofthe TNRCC, the authority over air quality is found inboththe Texas Water Code (TWC) andthe TCAA. Specifically, the authority ofthe TNRCC is found inTWC, Chapters 5 and 7. Chapter 5, SubchaptersA

- F, H - J, 

### and L, include the general provisions, organization, and general powers and duties ofthe TNRCC, and the responsibilities and authority ofthe executive director. Chapter 5 also authorizes the TNRCC to implement action when emergency conditions arise andto conducthearings. Chapter 7 gives the TNRCC enforcement authority. In 2001, the 77th Texas Legislature continuedthe existence ofthe TNRCC until September 1, 2013, and changedthe name ofthe TNRCC to the Texas Commission on Environmental Quality (TCEQ). In 2009, the 81stTexas Legislature, during a special session, amended section 5.014 ofthe Texas Water Code, changing the expiration date of theTCEQ to September 1, 2011, unless continued in existencebythe Texas SunsetAct. In 2011, the 82ndTexas Legislature continuedthe existence ofthe TCEQ until 2023. TheTCAA specifically authorizes the TCEQ to establish the level ofqualityto be maintained in the state's air andto controlthe quality ofthe state's airbypreparing and developing a general, comprehensive plan. TheTCAA, SubchaptersA

- D, also authorize the TCEQ to collect informationto enablethe commissionto develop an inventory ofemissions; to conduct research andinvestigations; to enterproperty and examine records; to prescribe monitoring requirements; to institute enforcementproceedings; to enterinto contracts and execute instruments; to formulate rules; to issue orders taking into consideration factors bearing upon health, welfare, social and economic factors, andpracticability and reasonableness; to conduct hearings; to establish air quality control regions; to encourage cooperationwith citizens' groups and other agencies and political subdivisions ofthe state as well as with industries andthe federal government; andto establish and operate a system ofpermits for construction or modification offacilities. Local government authority is found in SubchapterE ofthe TCAA. Local governments have the same power as the TCEQto enterproperty and make inspections. They also may make recommendations to the commission concerning any action ofthe TCEQ that affects their territorialjurisdiction, maybring enforcement actions, and may execute cooperative agreements with the TCEQ or otherlocal governments. In addition, a city ortown may enact and enforce ordinances for the control and abatement ofair pollution not inconsistentwith the provisions of the TCAA andthe rules or orders ofthe commission.

iii

### Subchapters Gand H ofthe TCAA authorize the TCEQ to establishvehicle inspection and maintenance programs in certain areas ofthe state, consistentwith the requirements ofthe Federal CleanAirAct; coordinate with federal, state, and local transportation planning agencies to develop and implementtransportation programs and measures necessaryto attain and maintainthe NAAQS; establish gasoline volatility and low emission diesel standards; andfund and authorizeparticipating counties to implementvehicle repair assistance, retrofit, and acceleratedvehicle retirement programs. Applicable Law The following statutes and rules provide necessary authorityto adopt and implementthe state implementationplan (SIP). The rules listedbelow have previouslybeen submitted as part ofthe SIP. Statutes All sections ofeach subchapter are included, unless otherwise noted. TEXAS HEALTH & 

### SAFETYCODE, Chapter 382 

### TEXAS WATER CODE September 1, 2009 

### September 1, 2009 

### Chapter 5: Texas Natural Resource Conservation Commission SubchapterA: General Provisions Subchapter B: Organization oftheTexas Natural Resource Conservation Commission SubchapterC: Texas Natural Resource Conservation Commission Subchapter D: General Powers and Duties ofthe Commission Subchapter E: Administrative Provisions for Commission Subchapter F: Executive Director (except §§5.225, 5.226, 5.227, 5.2275,5.231, 5.232, 

### and 5·236) 

### Subchapter H: Delegation ofHearings SubchapterI: Judicial Review SubchapterJ: Consolidated PermitProcessing SubchapterL: Emergency andTemporary Orders (§§5.514, 5.5145, 

### and 5.515 

### only) Subchapter M: Environmental Permitting Procedures (§5.558 

### only) Chapter 7: Enforcement SubchapterA: General Provisions (§§7.001, 7.002, 7.0025, 7.004, 

### and 7.005 

### only) Subchapter B: CorrectiveAction and Injunctive Relief(§7.032 

### only) Subchapter C: Administrative Penalties Subchapter D: Civil Penalties (except §7.109) 

### SubchapterE: Criminal Offenses and Penalties: §§7.177, 7.179-7.183 

### Rules All ofthe following rules are found in 30 

### Texas Administrative Code, as ofthe following latest effective dates: Chapter 7: 

### Memoranda ofUnderstanding, §§7.110 

### and 7.119

### December 13,1996 

### andMay 2,2002 

### Chapter 19: 

### Electronic Reporting Chapter 35: 

### Subchapters A-C, K: Emergency andTemporary Orders and Permits; Temporary Suspension orAmendment ofPermit Conditions

iv 

### March 15, 2007


### July 20, 2006

### Chapter 39: Public Notice, §§39.201; 39-401; 39-403(a) and (b)(8)-(1O); 39-405(f)(1) and (g); 39-409; 39.411 (a), (b)(1)-(6), and (8)-(10) and (c)(I)-(6) and (d); 39-413(9), (11), (12), and (14); 39.418(a) and (b)(3) and (4); 39-419(a), (b), (d), and (e); 39-420(a), (b) and (c)(3) and (4); 39-423 (a) and (b); 39.601-39.605 June 24,2010 Chapter 55: Requests for Reconsideration and Contested Case Hearings; Public Comment, §§55.1; 55.21(a)

- (d), (e)(2), (3), and (12), (f) 

### and (g); 55.101(a), (b), and (c)(6)

- (8); 55.103; 55.150; 55.152(a)(I), (2), and (6) and (b); 55.154; 55.156; 55.200; 55.201(a)

- (h); 55.203; 55.205; 55.209, and 55.211 June 24, 2010 Chapter 101: GeneralAir Quality Rules October 27, 2011 Chapter 106: Permits by Rule, SubchapterA May 15, 2011 Chapter 111: Control ofAir Pollution from Visible Emissions and Particulate MaUer July 19,2006 Chapter 112: Control ofAir Pollution from Sulfur Compounds July 16, 1997 Chapter 113: Standards ofPerformance for Hazardous Air Pollutants and for Designated Facilities and Pollutants May 14, 2009 Chapter 114: Control ofAir Pollution from MotorVehicles August 11,2011 Chapter 115: Control ofAir Pollution from Volatile Organic Compounds Chapter 116: Permits for New Construction or Modification Chapter 117: Control ofAir Pollution from Nitrogen Compounds Chapter 118: Control ofAir Pollution Episodes Chapter 122: §122.122: Potentialto Emit Chapter 122: §122.215: Minor Permit Revisions Chapter 122: §122.216: Applications for Minor Permit Revisions Chapter 122: §122.217: Procedures for Minor Permit Revisions December 29, 2011 March 17, 2011

May 15, 2011 March 5, 2000 December 11, 2002
June 3,2001 June 3,2001 December 11, 2002 Chapter 122: §122.218: Minor Permit Revision Procedures for Permit Revisions Involving the Use ofEconomic Incentives, Marketable Permits, and Emissions Trading



### v June 3,2001

### SECTIONVI: CONTROL STRATEGY 

### A. Introduction (No change) 

### B. Ozone (No change) 

### C. Particulate Matter (Revised) 1. 

### Introduction (Revised) 2. 

### PMlO 

### Group II and Group III Areas (No change) 3. PMlO 

### Group I Area (No change) 4. 1991 

### PMlO 

### SIP for Moderate Area

- El Paso (Revised) D. Carbon Monoxide (No change) 

### E. Lead (No change) F. Oxides ofNitrogen (No change) 

### G. SulfurDioxide (No change) H. Conformitywith the NationalAmbientAir Quality Standards (No change) 

### 1. Site Specific (No change) 

### J. Mobile Sources Strategies (No change) 

### K. CleanAir Interstate Rule (No change) 

### 1. Transport (No change) M. Regional Haze (No change)

vi

### TABLE OF CONTENTS 

### Executive Summary SectionV: LegalAuthority SectionVI: Control Strategy Table ofContents List ofAcronyms List ofAppendices Chapter 1: 

### Introduction (Revised) 1.1 Background (New) 1.2 Texas Particulate Matter History, 1970through 1990 (Revised) 1.3 EI Paso Moderate NonattainmentArea, 1991 through 2001 (New) 1.4 EI Paso Natural Events Action Plan (New) 1.5 Current SIP Revision (New) 1.6 Public Hearing Information (New) 1.7 Social and Economic Considerations (New) 1.8 Fiscal and Manpower Resources (New) Chapter 2: 

### PMlO 

### Group II and Group III Areas (No change) Chapter 3: PMlO 

### Group IArea (No change) Chapter4: 1991 PMlO 

### SIPfor ModerateArea

- EI Paso (Revised) 4.1 ModerateArea PMlO 

### SIP Requirements (No change) 4.2 Definition ofModerateArea Boundary andAir Quality Status (No change) 4.3 Special Receptor Modeling Studies (No change) 4-4 PMlO 

### Emissions Inventory (No change) 4.5 Dispersion Modeling (No change) 4.6 Control Plans (Revised) 4.6.1 Area Source Control (Revised) 4.6.1.1 Fugitive Dust Control Measures (Revised) 4.6.1.2 Control Measures for Residential Wood Combustion Devices (Revised) 4.6.2 Prescribed Burning Control Measures (No change) 4.6.3 Point Source Control (No change) 4.6.4 Reasonable FurtherProgress (No change)

vii

### 4.6.5 Contingency Measures (No change) 4.6.6 Test Methods (No change) 4.6.7 Revisions ofTCEQ Rules and Regulations (Revised) 4.6.7.1 Revisions Effective February 12,1992 (Revised) 4.6.7.2 Current Revisions (New) Response to Comments

viii

### AQS CFR EPA FCAA FRM 

### FR MOA MOU NAAQS NEAP PM

PMlO


### RACM RAP RWCD SIP TAC TACB TCAA TCEQ TNRCC TSP TWC flgjm3 

### LIST OF ACRONYMS
Air Quality System Code ofFederal Regulations United States Environmental ProtectionAgency Federal CleanAirAct Federal Reference Method 

### FederalRegister Memorandum ofAgreement Memorandum ofUnderstanding NationalAmbientAir Quality Standards Natural Events Action Plan Particulate matter Particles with an aerodynamic diameterless than or equal to a nominal 

### 2.5 micrometers; or particulate matter of

### 2.5 microns or less; or fine particulate matter Particles with an aerodynamic diameter less than or equal to a nominal 10 

### micrometers; orparticulate matter of 10 

### microns orless; or coarse particulate matter ReasonablyAvailable Control Measures Reclaimed asphalt pavement Residential wood combustion device State Implementation Plan Texas Administrative Code Texas Air Control Board Texas CleanAirAct Texas Commission on Environmental Quality (commission) Texas Natural Resource Conservation Commission Total suspendedparticles Texas Water Code Micrograms per cubic meter

ix

### Appendix AppendixA-Q Appendix R Appendix S LIST OF APPENDICES Appendix Name (No Change) City ofEl Paso Alley Information Revised Memorandum ofAgreementwith the City ofEl Paso (Project No. 2on-026-MIS-NR)

x

### CHAPTER 1: 

### INTRODUCTION (REVISED)

1.1 

### BACKGROUND (NEW) 

### The History ofthe Texas State Implementation Plan, a comprehensive overview ofthe state implementation plan (SIP) revisions submittedto the United States Environmental Protection Agency (EPA) bythe State ofTexas, is available onthe Introductionto the SIP Web page (http:j 

### jwww.tceq.texas.govjairqualityjsipintro.html#History) on the Texas Commission on Environmental Quality (TCEQ) Web site (http://www.tceq.texas.gov/).

1.2 

### TEXAS PARTICULATEMATTER HISTORY, 1970 

### THROUGH 1990 

### (REVISED) 

### In 1970, the Federal CleanAirAct (FCAA) requiredthe EPAto establish and periodicallyrevise NationalAmbientAir Quality Standards (NAAQS). The NAAQS for particulate matter (PM), measured as total suspended particles (TSP), was promulgated in 1971. In 1987, the EPApromulgated a new particulate NAAQS. The new standard replacedTSP "vith particles with an aerodynamic diameter less than or equalto a nominal 10 

### micrometers (PMlO). 

### The 24-hour PMlO 

### NAAQS was 150 micrograms per cubic meter (/lgjm3), 

### not to be exceeded more than once peryear averaged over athree-year period. The annual PMlO 

### NAAQS was 50 /lgjm3 

### calculated as the arithmetic mean of24-hour concentrations. Also in 1987, the EPApublished a

### FederalRegisternotice categorizing areas inthe country into three groups based onthe probabilitythat an area wouldviolate the PMlO 

### NAAQS. Areas with 95% or greaterprobability ofviolating the NAAQS were classified as Group I. Areas where the probability ofnonattainmentwas estimated at greaterthan 20%, butless than 95%, were classified as Group II. Areas with a lowprobability ofnonattainment (less than 20%) were classified as Group III. Based on these classifications, the EPAidentified EI Paso as a Group I area and Harris, Dallas, Nueces, and Lubbock Counties as Group II areas. All otherTexas counties were designated as Group III areas. In response to these designations, the Texas Air Control Board (TACB), apredecessor agency ofthe TCEQ, submitted Group II and III SIP revisions to the EPAinJuly 1988. Because ofthe unique issues arising from the international nature ofthe PM lO 

### problem in EI Paso, the EPA allowedthe TACB to submit an "Interim SIP" for that area inAugust 1989. In accordance with the EPA's guidelines, the SIP contained information on several issues, including a commitmentto workwiththe EPAto continue studies to characterizethe nature ofthe PM lO

### being transported into EI Paso from the Ciudad Juarez (Juarez), Mexico area. On November 15, 1990, new FCAA amendments were enacted. The 1990 FCAA amendments specifiedthat all former Group I areas and any areas violating the PMlO 

### NAAQS priorto January 1, 1989, were to be designated as nonattainment. The 1990 FCAA amendments definedtwo nonattainment categories: moderate and serious. All PMlO 

### nonattainment areas were initially classified as moderate at the time ofenactment ofthe 1990 FCAA amendments, and for these areas, an attainment date ofDecember 31, 1994, was established. The 1990 FCAA amendments further requiredthat all areas which had attainedthe PMlO 

### NAAQS bythe time ofenactmentbe designatedbythe EPA as unclassifiable. According to the EPA, EI Paso and Lubbockwere the only areas inTexas that had not attained the PMlO 

### NAAQS bythe time ofenactment ofthe 1990 FCAA amendments and, thus, were designated as moderate nonattainment areas. OnAugust 8, 1991, the EPApublished a

### Federal Registernotice reclassifying Lubbock as unclassifiable for PMlO •



### 1-11.3 

### EL PASO MODERATE NONATTAINMENTAREA, 1991 

### THROUGH 2001 

### (NEW) The City ofEl Paso was designated nonattainmentfor the PMlO 

### NAAQS and classified as a moderate nonattainment areaupon enactment ofthe 1990 FCAAAmendments. On November 15, 1991, Texas submittedto the EPA a SIP revision for the El Paso moderate nonattainment areato demonstrate thatthe area would attain the PMlO 

### NAAQS no laterthan December 31, 1994. This revision included air quality and meteorological analyses, including datafrom a special December 1990 studythat demonstrated the international scope ofthe PMlO 

### air quality problem in El Paso. Air dispersion modeling ofUnited States emissions indicatedthatthe nonattainment area wouldhave been in attainment in 1991, and atthe 1994 deadline, ifnotfor emissions transportedfrom outside the United States. Although the area modeled attainment with United States emissions only, the TACB adopted fugitive dust control measures to minimize impacts from United States sources. The international impacts provision in FCAA, §179B, provides that an area does not have to meetthe moderate nonattainment deadline ifthe state demonstrates attainmentbut for emissions emanating from outside the United States. Basedon this provision, theTACB determined that there shouldbe no requirement for a reasonable further progress demonstration for the El Paso SIP revision. Also, due to lackofadequate information regarding the relative contribution ofEl Paso andJuarez to the problem in the shared airbasin, no contingencyplan was requiredto be includedin the SIP revision. The 1991 SIP revision included PM control measures in 30 Texas Administrative Code (TAC) Chapter 111, Control ofAir Pollution from Visible Emissions and Particulate Matter, Subchapter A, Division 4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots. The control measures adopted in 30 TAC §111.147 required paving as a method ofdust control in the El Paso area for specifiedroads and added a requirementthat alleys be paved atthe rate of15 miles peryear. Section 111.147 also setfrequencies for street sweeping in designated sections of the El Paso area. On November 5,1991, a Memorandum ofUnderstanding (MOU) betweenthe City ofEl Paso local government (the City) andthe TACB was signedto outline the responsibilities and regulatory requirements for both parties. This MOUwas submittedto the EPA as Appendix Q: 

### Memorandum ofUnderstanding with the City of ElPaso ofthe 1991 El Paso PMlO 

### attainment demonstration SIP revision. OnJanuary 18,1994, the EPA published in the

### FederalRegister (FR) approval ofthe El Paso PMlO 

### SIP revision, including the MOU, effective February 17,1994 (59 FR 02532). On October 9, 2001, the 1991 MOU was replaced with a Memorandum ofAgreement (MOA). Because MOUs are typically used onlyfor agreements between two state agencies, and this agreementwas between an agency and a city, an MOAwas consideredmore appropriate. Although the MOAwas submittedto the EPAin a letter dated February 19,2002, it is unclear whetherthe EPA accepted it as a SIP revision. 

### 1.4 EL PASO NATURAL EVENTS ACTION PLAN (NEW) On February 21, 2007, inresponse to uncontrollable exceedances ofthe PMlO 

### NAAQS causedby natural events, the TCEQ, in conjunction with the City ofEl Paso, the

### JointAdvisory Committee for theImprovementof AirQuality in 

### the CiudadJuarez, Chihuahua, ElPaso, Texas, and DonaAna County, NewMexicoAirBasin, and community stakeholders, adopted a Natural Events Action Plan (NEAP) for El Paso County. The El Paso NEAP is a plan for managing the exceedances ofthe PM standards that canbe attributedto uncontrollable natural events such as unusually high winds. The NEAP includes documentation and analysis ofthe PM monitoring data, descriptions oflocal public outreach programs, and steps to limit public exposure to PM emissions during natural events episodes. The NEAP describes the requirements for flagging of

1-2

### high PM days due to natural events, to allow for removal ofthose days when calculating the area's design value. 1.5 CURRENT SIP REVISION (NEW) 

### The purpose ofthis SIP revision is to incorporate changes to 30 TAC §111.147 as adopted in a separate rulemaking (Rule Project No. 201O-046-111-EN) and incorporate a revised MOA betweenthe City ofEl Paso andthe TCEQ (Project No. 2011-026-MIS-NR) into the El Paso PMlO 

### SIP. The 2001 MOAwith the Cityhas been revisedto reflectthe alternative control measures in the revisions to §111.l47 andthe respective responsibilities ofthe City andTCEQ underthe SIP. Forthe site reporting Federal Reference Method (FRM) PMlO 

### data for all three years from 2007 through 2009 (Socorro AQS ID 481410057), there were no exceedances ofthe PMlO 

### 24-hour NAAQS. The inventory ofunpaved alleys has decreasedfrom 66% in 1991 to 16% in 2010, with approximately 23 miles ofunpaved alleys remaining. City actionto reduce airborne PMlO 

### has also reducedthe needto sweep streets atthe frequencies specifiedunderthe current 30 TAC §111.147 rule. Details regarding the City ofEl Paso paved alley inventory canbefound in Appendix R: 

### City of ElPasoAlleyInformation. TheTCEQ has a separate rulemaking to amend 30 TAC §111.147(1)(E) to remove the requirementfor alleys inthe City ofEl Paso to be paved atthe specifiedrate of15 miles peryear and replace itwiththe following requirements:

• all new alleys mustbe paved;

• unpaved alleys may notbe usedfor residential garbage and recycling collection; and

• the use ofreclaimed asphalt pavement (RAP) maybe used as an alternate means ofPM control for alleys. The rulemaking also amends 30 TAC §111.147(2) to changethe sweeping frequency requirement from four times peryearto three times peryear inthe citylimits and from six times per weekto four times perweekinthe centralbusiness district. The Cityhas demonstratedthatthe unpaved alley inventorywill not increase due to a city ordinancethat requires developers to pave any new alleys. Furthermore, alleys have notbeen usedfor residential garbage collection since 1997, so the traffic in alleys has been dramatically reduced. Finally, RAP has been usedto cover some unpaved alleys, which has provento be as effective as paving to control PM emissions. In addition, the City continues to includepaving and sweeping in its annual budget. Additional information regarding the FCAA, §110(l) demonstration for these rule amendments canbefound inthe preambleto the 30 TAC §111.l47 rulemaking accompanying this SIP revision. The 2001 MOAwith the Cityhas been revisedto reflectthese changes to 30 TAC §111.147. The current SIP revision incorporates the revised MOAinto the El Paso PMlO 

### SIP. The revised MOA can be found inAppendix S: 

### RevisedMemorandum of Agreementwith the City of ElPaso (ProjectNo. 2011-026-MIS-NR). 1.6 PUBLIC HEARING INFORMATION (NEW) 

### The commission offered a public hearing for the proposed SIP revision in El Paso on September 27, 2011. Aquestion and answer session was held 30 minutes priorto the meeting. The hearing was not officially opened, because no party indicated a desire to give comment.
1-3

### The public comment period opened on September 2, 2011, 

### and closed on October 3, 2011. 

### Written comments were acceptedvia mail, fax, andthrough the eComments (http://wwws.tceq.texas.gov/rules/ecomments) system. Two comments were received, both from the CityofEl Paso. A summary ofthe comments andthe TCEQ response is provided as part ofthis SIP revision inthe

### Response to Comments. An 

### electronic version ofthis SIP revision and appendices canbe found atthe TCEQ's State Implementation Plan (http://www.tceq.texas.gov/airquality/sip/) Web page. 1.7 

### SOCIALAND ECONOMIC CONSIDERATIONS (NEW) 

### For a detailed explanation ofthe social and economic issues involvedwith the revised 30 

### TAC §111.147, 

### please referto the preamblethatprecedes the rule package accompanying this SIP reVISIOn. 1.8 FISCALAND MANPOWER RESOURCES (NEW) 

### The state has determinedthat its fiscal and manpower resources are adequate and will notbe adversely affectedthrough implementation ofthis plan.

1-4

### CHAPTER 2: 

### PMlO 

### GROUP II AND GROUP III AREAS (NO CHANGE)

2-1

### CHAPTER3: PMlO 

### GROUP I AREA (NO CHANGE)

3-1

### CHAPTER4: 1991 PMlO 

### SIP FORMODERATE AREA
- EL PASO (REVISED) 4.1 MODERATE AREAPMlO 

### SIP REQUIREMENTS (NO CHANGE) 4.2 DEFINITION OF MODERATE AREA BOUNDARYAND AIR QUALITYSTATUS (NO CHANGE) 4.3 SPECIAL RECEPTORMODELING STUDIES (NO CHANGE) 4.4 PMlO 

### EMISSIONS INVENTORY (NO CHANGE) 4.5 DISPERSION MODELING (NO CHANGE) 4.6 CONTROL PLANS (REVISED) 

### This State Implementation Plan (SIP) revision updates the control plan for particles with an aerodynamic diameter less than or equalto a nominal 10 

### micrometers (PMlO) 

### in the EI Paso nonattainment PMlO 

### area. The dispersion modeling performedwith the EI Paso County PMlO 

### emissions inventoryfor the 1991 

### EI Paso PMlO 

### SIP revision indicatedthatthe designated EI Paso PMlO 

### nonattainment areawouldbe in attainment ofthe NAAQS bythe 1994 

### attainment deadlinebased on United States emissions alone. Analyses ofthe spatialtrends in PMlO 

### concentrations, along with trajectory analyses, provided strong evidencethat PMlO 

### concentrations measuredin EI Paso are influencedby emissions from CiudadJuarez, Mexico. However, the Texas Air Control Board (TACB) adopted several new or enhanced control measures to help minimize PMlO 

### impacts from EI Paso sources. Those control measures reflectedthe requirements for ReasonablyAvailable Control Measures (RACM) and Reasonably Available Control Technology specified inthe United States Environmental ProtectionAgency (EPA) April 2, 1991, 

### PM lO

### ModerateAreaSIP Guidance: FinalStaffWorkProduct. 1 

### 4.6.1 Area Source Control (Revised) 

### The 1990 

### emissions inventory establishedthat area sources are clearlyEI Paso's most significant source ofPMlO• 

### In accordance withthe United States Environmental ProtectionAgency (EPA) guidance on RACM, fugitive dust control measures, residential wood combustion control measures, andprescribedburning control measure were reviewedforthe 1991 

### EI Paso PMlO 

### SIP revision. Many ofthe prescribed control measures were previously adoptedinTACB Regulation I and were requiredto be effective as soon as possible, butno laterthan December 31, 1991. 

### All control measures were evaluatedfortheir appropriateness in EI Paso, andwhere control or additional control was deemed reasonable, revisions to the TACB regulations were made. Control requirements were extendedto include Fort Bliss Military Reservation, exceptfor tactical training areas, by modification of30 

### Texas Administrative Code (TAC) §111.141, 

### concerning GeographicAreas ofApplication and Date ofCompliance, effective February 12, 1992. 4.6.1.1 

### Fugitive Dust Control Measures (Revised) All reasonable fugitive dust control measures for the City ofEI Paso, including items onthe EPA's List ofAvailable Control Measures, were reviewed as part ofthe 1991 

### EI Paso PMlO 

### SIP revision. Control offugitive dustinthe CityofEI Paso is clearlylinkedto the control of reentrained dust from vehicle traffic. Regulations requiring reasonable controls were adopted effectiveJuly 18, 1989. 

### Forthe 1991 

### EI Paso PMlO 

### SIP revision, some ofthe rules were amended to be effective February 12, 1992, 

### to expand applicability andto enhance effectiveness, as follows:

1 EPA, PM-10 ModerateArea SIP Guidance: Final StaffWorkProduct, memorandumfrom John Calcagni, 2 April 1991. 

### 4-1

### • 30 TAC §111.145, concerning Construction and Demolition, was expandedto add a requirement forthe City ofEI Paso for paving orotherwise stabilizing construction and/or demolition access roads and eliminatedthe existing exemption for small construction and demolition sites.

• 30 TAC §111.147, concerning Roads, Streets, andAlleys was modifiedto require paving as the only acceptable method ofdust control in EI Paso for specifiedroads and added a requirementthat alleys be paved atthe rate of15 miles peryear. Section 111.147 was also expandedto require that all levee roads and access to such roads be paved or chemically stabilized, andto require removal ofsoilby mechanical sweepers ortheir equivalentfrom all pavedpublic streets atleastfour times peryear 'Nithinthe EI Paso city limits and up to six times perweekinthe centralbusiness district. The rule requires spot cleaning ofvisibly dirty road areas andremoval ofsand used for snow and ice control in the City ofEI Paso. Records mustbe maintainedto documentthe sweeping activities. These requirements were needed to enhancethe feasible dust control measures for paved roads in EI Paso. The executive director andthe EPAwere also giventhe option ofgranting awaiver from paving requirements for industrial roadways, providedthe roadway owner can demonstrate thatthe cost ofpaving is economicallyunreasonable comparedto otherforms ofdust control specifiedin 30 TAC §111.147(l). All otherfugitive dust control measures were determinedto be sufficiently addressedbythe existing regulations orwere considered inappropriate for the EI Paso areabecause of

### de minimis emissions ortechnological or economic infeasibility. Specific details ofthis analysis were included inAppendix N: 

### Evaluation of AvailableFugitive DustControlMeasures ofthe 1991 El Paso PMlO 

### attainment demonstration SIP revision. On November 5, 1991, a Memorandum ofDnderstanding (MOD) betweenthe City ofEI Paso local government (the City) andthe TACB was signedto outlinethe responsibilities and regulatory requirements for both parties. This MOD was submittedto the EPA as Appendix Q: 

### Memorandum ofUnderstanding with the City of El Paso ofthe 1991 EI Paso PMlO 

### attainment demonstration SIP revision. On October 9,2001, the 1991 MOD was replaced with a Memorandum ofAgreement (MOA). Because MODs aretypically used only for agreements betweentwo state agencies, andthis agreement was between an agency and a city, an MOAwas considered more appropriate. Although the MOAwas submittedto the EPAin a letter dated February 19, 2002, itis unclear whetherit was formally adopted as a SIP revision. Forthe site reporting Federal Reference Method (FRM) PMlO 

### datafor all three years from 2007 through 2009 (Socorro AQS ID 481410057), there were no exceedances ofthe PMlO 

### 24-hour NAAQS. The inventory ofunpaved alleys has decreasedfrom 66% in 1991 to 16% in 2010, with approximately 23 miles ofunpaved alleys remaining. Additional city action to reduce airborne PMlO 

### has also reducedthe needto sweep streets atthe frequencies specified underthe current 30 TAC §111.147 rule. Details regarding the City ofEI Paso paved alleyinventory canbe found in Appendix R: 

### City of ElPasoAlleyInformation. TheTCEQ has a concurrentrulemaking to amend 30 TAC §111.147(1)(E) to remove the requirement for the City ofEI Paso to pave alleys atthe specifiedrate of15 miles peryear and replace itwith the following requirements:

• all new alleys mustbe paved;

• unpaved alleys may notbe usedfor residential garbage andrecycling collection; and

4-2

### • the use ofreclaimed asphalt pavement (RAP) maybe used as an alternate means ofPM control for alleys.
The rulemaking also amends 30 

### TAC §111.147(2) 

### to change the sweeping frequency requirement from four times peryearto three times peryear in the citylimits and from six times per weekto four times per weekin the central business district.
The City has demonstrated that the unpaved alley inventory "vill not increase due to a city ordinance that requires developers to pave any new alleys. Furthermore, alleys have notbeen used for residential garbage collection since 1997, 

### so the traffic in alleys has been dramatically reduced. Finally, RAP has been usedto cover some unpaved alleys, which has proven to be as effective as paving to control PM emissions. In addition, the City continues to include paving and sweeping in its annual budget. Additional information regarding the FCAA, §110(l) 

### demonstration for these rule amendments can be found in the preamble to the 30 

### TAC §111.147 

### proposedrulemaking accompanying this SIP revision.
The 2001 

### MOAwith the City has been revised to reflect these changes to 30 

### TAC §111.147. 

### The current SIP revision incorporates the revised MOAinto the EI Paso PMlO 

### SIP. The revised MOA can be found inAppendix S: 

### RevisedMemorandum of Agreementwith the City of ElPaso (ProjectNo. 2011-026-MIS-NR).
4.6.1.2 

### Control Measures for Residential Wood Combustion Devices (Revised) All reasonable control measures for residential wood combustion devices (RWCD) in the City of EI Paso, including items on the EPA's List ofAvailable Control Measures, were reviewed as part ofthe 1991 

### EI Paso PMlO 

### SIP. The evaluation ofthese control measures considered the fact that emissions from RWCDs in EI Paso are 

### de minimis.
As discussed in the evaluation ofthe EPA's List ofAvailable Control Measures, many ofthese control measures could notbe promulgatedbecause the legislative authorityto impose taxes or to require local agencies to impose taxes is lacking. Rules for an episodic curtailment program were added to 30 

### TAC §l1l.111(C), 

### concerning Solid Fuel Heating Devices. These rules apply in the EI Paso and Fort Bliss Military Reservation. The TACB rules are similarto an EI Paso ordinance in that applicability extends to all residential solid fuel heating devices, rather than RWCDs only. These rules exceeded the EPA requirements for such a program. The TACB worked with the City ofEI Paso to establish an effective public information program to facilitate compliance with the rules. All other evaluated control measures were considered inappropriate for the EI Paso areabecause of

### de minimis emissions from these sources. As in the case offugitive dust control measures, the November 5, 1991, 

### MOD between the City and the TACB served as the basis for defining the division ofresponsibility and commitments to carry outthe provisions of30 

### TAC §111.111, 

### concerning Solid Fuel Heating Devices. The revised MOA with the Cityto reflect the changes to 30 

### TAC §111.147 

### also includes the 30 

### TAC §111.111 

### provisions. The revised MOA can be found inAppendix S: 

### RevisedMemorandum of Agreement with the City ofElPaso (ProjectNo. 2011-026-MIS-NR).

4-3

### 4.6.2 Prescribed Burning Control Measures (No change) 4.6.3 Point Source Control (No change) 4.6.4 Reasonable Further Progress (No change) 4.6.5 ContingencyMeasures (No change) 4.6.6 TestMethods (No change) 4.6.7 Revisions ofTCEQ Rules and Regulations (Revised) 

### 4.6.7.1 Revisions Effective February 12, 1992 (Revised) In accordance with 40 Code ofFederal Regulations (CFR) Part 51, Requirements for Preparation, Adoption, and Submittal ofImplementation Plans, the TACB revised Regulation I, Control ofAir Pollutionfrom Visible Emissions and Particulate Matter, to incorporate rules to supportthe provisions ofthe 1991 El Paso PMlO 

### SIP revision. Specifically, the TACB adopted the following rule revisions:

• 30 TAC §111.111, concerningVisible Emissions, added a subsectionthat prohibits the use of solidfuel heating devices during periods ofstagnation withinthe City ofEl Paso, including the Fort Bliss Military Reservation. The revision also contained exemptions forburn down periods, that is, periods oftime not to exceedthree hours for the cessation ofcombustion withinthe device, forbuildings wherethe solidfuel heating device is the sole source ofheat, andfor periods oftemporary powerloss withinthe building.

• 30 TAC §111.141, concerning GeographicAreas ofApplication and Date ofCompliance, addedthe Fort Bliss Military Reservation, exceptfor tactical training areas, to the El Paso geographic areabeing addressed inthe rules and added a separate compliance date of December 10,1993, for the new controls being proposedin accordance withthe EPA's PM lO 

### ModerateArea SIP Guidance: FinalStaffWork Product, April 2, 1991.

• 30 TAC §111.145, concerning Construction and Demolition, added a requirement for El Paso for paving or otherwise stabilizing construction and/or demolition access roads and eliminatedthe exemptionfor small construction and demolition sites.

• 30 TAC §111.147, concerning Roads, Streets, andAlleys added anotation that, withinthe City ofEl Paso, paving is the only acceptable method ofdust control for specifiedroads; added a requirementthat city alleys be paved atthe rate of15 miles peryear; added a requirementthat all levee roads and access to such roads be paved or chemically stabilized; gave the executive director andthe EPAthe option ofgranting awaiver from paving requirements for industrial roadways, providedthe roadway owner can demonstrate thatthe cost ofpaving is economicallyunreasonable comparedto otherforms ofdust control specified in 30 TAC §111.147(l); deletedthe exemptionfor removal ofsand applied on public thoroughfares for snow orice controls; and added specific street sweeping and recordkeeping requirements. 4.6.7.2 Current Revisions (New) TheTCEQ has a concurrentrulemaking to amend 30 TAC §111.147(1)(E) to remove the requirement for the City ofEl Paso to pave alleys atthe specifiedrate of15 miles peryear and replace itwith the following requirements:

• all new alleys mustbe paved;

• unpaved alleys may notbe usedfor residential garbage and recycling collection; and

4-4

### • the use ofRAP maybe used as an alternate means ofPM control for alleys. The rulemaking also amends 30 

### TAC §111.147(2) 

### to change the sweeping frequency requirement from four times peryearto three times peryearin the citylimits and from sixtimes perweekto four times perweekin the centralbusiness district. The Cityhas demonstrated thatthe unpaved alleyinventorywill notincrease due to 

## acity ordinance thatrequires developers to pave any new alleys. Furthermore, alleys have notbeen usedfor residential garbage collection since 1997, 

### so the traffic in alleys has been dramatically reduced. Finally, RAP has been used to cover some unpaved alleys, whichhas proven to be as effective as paving to control PM emissions. In addition, the City continues to include paving and sweeping in its annualbudget. Additional information regarding the FCAA, §110(l) 

### demonstration for these rule amendments canbefound in the preamble to the 30 

### TAC §111.147 

### rulemaking accompanying this SIPrevision.

4-5

### RESPONSE TO COMMENTS RECEIVED REGARDING SIP REVISIONTO INCORPORATETHE REVISED MEMORANDUM OFAGREEMENTWITH THE CITYOFEL PASO The commission offered apublic hearing for the proposed state implementationplan (SIP) revision on September 27,2011, at 2:00 p.m. atthe Texas Commission on Environmental Quality (TCEQ) Regional Office in El Paso. Aquestion and answer session was held 30 minutes priorto the meeting. The hearing was not officially opened, because no partyindicated a desire to give comment. The public commentperiod opened on September 2, 2011, and closed on October 3, 2011. The commission receivedwritten comments from the City ofEl Paso (the City). 

### GENERAL COMMENTS The City recommended adding the terms "unpaved" and "residential" to the proposed rule language for 30 Texas Administrative Code (TAC) §111.147(1)(E)(ii) because some trash pick-up routes do occurin alleys. In addition, future incorporation ofSmart Growth Community Developmentwill require trash receptacles tobe locatedin alleys for newly developed residential areas. 

### The commission agrees with the City's addition oflanguage to §111.147{t)(E) and has made the suggested changes. The additional terms clarifythe commission's intentthat garbage collectionbe conductedin paved alleys. Furthermore, the terms give the Cityflexibilityto continue to allow for smart growth in residential areas and maintain compliance with the PMlO 

### standard. The SIP revision includes references to this rulemaking language in the Executive Summary, Chapter 1, and Chapter4. These portions ofthe SIP revision have been updated to reflectthese changes. The City also recommended adding the phrase "which are underthejurisdiction ofthe City ofEI Paso andwhich havebeen designated as public thoroughfares" to the rule language for §111.147(1)(F). 

### The City's suggested change to § 111.147(1)(F) is beyondthe scope ofthe rulemaking. No change has been made to the rule or SIP revision based on this comment. The Cityprovided non-substantive changes to the draftMemorandum ofAgreement. 

### These non-substantive changes have been discussedwith the City, and several minornon-substantive changes were made in response to this comment. Minor punctuation and grammatical corrections were made to the entire document as needed. The paragraphs in Section II were reordered and editedfor grammar. The definition of"TCEQ" in Section III was modified to include "allpredecessor agencies." In Section IV Part 5, the phrase "in designated sections" was replaced with "forpublicthoroughfares" to describe existing street sweeping requirements. A detailed signatureblockwas also addedto the MOAin response to the City's comments.

Page 1 of2

### The Cityrecommendedthat "Department ofTransportation" be replacedwith "City Department(s)" in thebudget discussion in SectionV Part 1 

### ofthe MOA. 

### The commission agrees with the City's recommendation and the suggested change was made to the MOA. This change better reflects the City's current organizational structure.

Page 2 

### of2

### APPENDIX R: CITYOF EL PASOALLEYINFORMATION

### INFORMATION RECEIVED FROM THE CITYOF EL PASO TheTexas Commission on Environmental Quality (TCEQ) received a letterdatedJuly 19, 2010, 

### from the CityofEl Paso Environmental Services Departmentthatincludedinformation pertaining to particulate matter reduction measures thathave been implemented in the City of El Paso. The relevant alleyinformation is includedin thisAppendix.

• Alley Paving Costs and Current/Future Plans

• El Paso City Ordinances and Standards

• ReclaimedAsphalt Pavement (RAP) Information

### DearMs. Naik: 

### SERVICE SOLUTIONS SUCCESS



# .:L

# l Ms. ShelleyNaik El Paso SIP ProjectManager Texas Commission on Environmental Quality MC-206, P. 

### O. Box 13087 Austin, TX 78711-3087 Dedicated to Outstanding CustomerService fora Better Community



### July 19, 2010

RE: City ofEl Paso, PM-IO reduction measures

Please fmd the attached information pertaining to reduction measures whichhave been implemented in El Paso Texas. This information is in response to ourmeeting ofJune 3, 2010 and subsequent communications, in which you requested specific information outlining the measures thathave been implementedto reduce the ambient air concentrations of PM-10. The attached table outlines yourrequests and refers to the applicable attachment for supporting information.

Ellen Smyth, P.E. Director I 

### hope you find the enclosedinformation to be sufficient, ifyourequire additional information please contact Miguel Parra, P.E. at 915-599-6235

.



### EI Paso 

# ,,0'_ ;",.Am 

# 1 enca 

# l ·,c.; ENVIRONMENTAL SERVICES DEPARTMENT
2010 7968 SAN PAULO,EL PASO, TEXAS 79907·915·621·6700' FAX 915-621-6711

. WWW.ELPASOTEXAS.GOY

### ALLEY PAVING COSTS AND CURRENT/FUTURE PLANS 

### Alley inventory and projectbudgetinformationreceivedbytheTCEQ Qualityfrom the CityofEl Paso Environmental Services Departmentin letter datedJuly 19, 2010.**------~-------,--------** ._--_
..

# __ _--_._--_

.

. ..... . . Project Square Miles. Project-Budget Average Yards

. SYGost·
Phase I 120,069 9.37 $ 3,345,893.51 $ 27.87 2005-2007

Phase/l 32,181 2.72 $ 911,020.52 $ 28.31 2008-2009

Phase III 14,919 1.26 $ 496,508.50 $ 33.28 2009-2010 Phase IV 12,860 127 $ 552,805.00 $ 42.99

2010 ·-Alley

. ." Surface Alley Count

. Square Yards Miles

Tune· Double Penefratio 59:? 36% 604,045 37% 52 37% n Pavino' Hot Mix Asphalt 609 37% 542,967 33% 47 33% Pavina Recycled Asphalt 214 13% 225;082 14% 20 14% Surface' Unpaved 252 15% 251,577 15% 23 16%

; Totals 1,668 1,623,671 142

### EL PASO CITYORDINANCES AND STANDARDS 

### El Paso, Texas, Code ofOrdinances, Title 19

- 

### Subdivisions, Article 2

- 

### Subdivision Standards, Chapter 19.15

- 

### Roadways, Sections 19.15.020

- 

### SubdividerResponsibility and 19.15.160

- 

### Alleys. Reprintedfromthe Municipal Code Library (http://www.municode.com/). City ofEl Paso Design Standards for ConstructionforAlleys receivedbytheTexas Commission on Environmental Qualityfrom the City ofEl Paso Environmental Services Departmentin a letter datedJuly 19, 2010.19.15.020 - Subdivider responsibility. 

### A. Safety, Convenience, Functionality. Proposed roads serving new development shall provide a safe, convenient and functional system for vehicular, bicycle and pedestrian circulation and shall conform to the applicable master thoroughfare plan and any amendments thereto, and shall be appropriate for the particular traffic characteristics of each proposed subdivision or development. New developments shall be supported by a thoroughfare network having adequate capacity, and safe and efficient traffic circulation as determined by staff and/or a traffic impact analysis. B. Streets, Generally. All streets, including curb and gutter improvements, sidewalks, and required infrastructure shall be provided by and at the expense of the subdivider, subject to the rough proportionality provisions of this title. The subdivider shall dedicate all rights-of-way in accordance with subsection C of this section. The subdivider shall install streets at all locations and in accordance with all standards required by this title. 1. The subdivider shall pay the cost of all such improvements, except as follows:

a. Arterial Streets and Collectors Witnin Subdivision Boundaries. If the right-of-way for any arterial or collector street lies entirely within the boundaries of any subdivision or portion thereof, the city shall have the option of designing the arterial or collector and/or of being responsible for awarding the contract for construction of required improvements, or allowing the subdivider to arrange for the construction of such arterial provided developer/city participation is in accordance with state bidding statutes. The subdivider shall deposit his share of construction costs with the city prior to award of the contract. The subdivider's share shall include the cost of pavement, curb and gutter, and sidewalks for a street thirty-six feet wide or the roughly proportional share as determined by a TIA. b. Arterial and Collector Streets Bordering Subdivision Boundaries. If the right-of-way of any arterial or collector street forms part of the subdivision boundary, the subdivider shall dedicate the right-of-way and either improve the street in conformance with this title and Section 19.10.050 or contribute to the city an amount of money equal to that necessary to improve the street in conformance with this title and Section 19.10.050. All money received from subdividers for improving boundary streets shall be deposited in an appropriate fund(s) of the city. When the city council resolves to design and improve a bounding arterial or collector street to standards appropriate to its use, then the assessment fund or similar funds shall be utilized in payment of necessary construction costs.
c. Improving State or Federally Owned Right-of-Way. If the right-of-way for any thoroughfare owned by the state or federal government lies within or adjacent to the subdivision, the subdivider shall not be required to pave any portion of it. The subdivider shall, however, arrange to construct or contribute to the city an amount of money equal to that necessary to furnish curb and gutter and sidewalk improvements to any state- or federally-owned arterial lying within or adjacent to the subdivision, if adequate improvements do not already exist but are determined to be necessary within the next ten years and are not funded by others. The developer may also be required, based on the TIA, to contribute their rough proportional share of additional frontage road lanes, acceleration or deceleration lanes or bus turnouts. Funds shall be deposited and disposed of in a fashion similar to that described in the preceding paragraph (1)(b) of this subsection, concerning improvements to

### arterial streets bordering subdivision boundaries. 2. Existing Boundary Streets for Small Subdivisions. If the right-of-way of an existing street forms part of the boundary for a subdivision meeting all of the following conditions, the subdivider shall have the option to make the contribution to the city for the cost of required street improvements, as determined by the City Manager or designee. 3. Alleys. Where provided, alleys shall be installed and improved in accordance with all standards required by this title and the DSC. Alleys shall be provided by and at the expense of the subdivider. (Ord. 16882 

### § 2 (part), 2008) (Ord. No. 17236, 

### § 27,11-10-2009; Ord. No. 17251, 

### § 9,12-15-2009)19.15.160 - Alleys. 

### A. Required. The dedication of alleys shall be optional in all subdivisions, except where alleys must be dedicated as direct continuations or extensions of alleys existing in adjacent subdivisions. Such continuations shall be extended in the same alignment as evident from adjacent lots in the existing subdivision, except where an existing alley is less than sixteen feet wide. In that case, additional land shall be dedicated so as to form an alley at least sixteen feet wide. B. Existing Subdivisions with Alleys. Where lots are subdivided or resubdivided adjacent to or within subdivisions already having alleys, the alley must be improved only to the same extent as may be evident from the existing alley. Where lots are subdivided as continuations of existing subdivisions already having alleys, alleys in the new subdivision shall be improved only to the same standards as those existing alleys, all the way to the first street intersection. Thereafter, if alleys are required or desired, they should conform to standards for alley dedication and improvement set forth in subsection C below. C. Alley ROWand Paving Widths. 1. Alley ROW's in commercial, industrial, and multiple-family residential districts (including townhouses and patio homes where rear automobile access is intended) must be a minimum width of twenty-eight feet. Twenty-four feet of the minimum width must be surfaced in accordance with the DSC. 2. Alley ROW's in subdivisions, or portions thereof, proposed for single-family residential use must be a minimum width of sixteen feet. Sixteen feet of the minimum width must be surfaced in accordance with the DSC. D. General Requirements. 1. Alleys shall be as nearly parallel to the street frontage as reasonably possible. 2. Alley intersections with streets shall be as close to right angles (ninety degrees) as practical. 3. Where two alleys intersect or turn at an angle, a corner clip of not less than ten feet from the normal intersection ofthe property line shall be provided along each property line. 4. If alleys are not straight within each block or do not connect on a straight course with alleys on adjoining blocks, an easement shall be provided for the placement of guy wires on lot division lines necessary to support overhead utility poles set on curving or deviating alley rights-of-way. 5. Alleys should not be platted to intersect any arterial streets. 6. Dead-end alleys shall not be permitted unless a permanent or temporary turnaround is provided. The following standards shall apply:

a. In subdivisions subject to subsection (B)(1) above, turnarounds shall be provided with a minimum radius of thirty-five feet; b. In all other subdivisions, turnarounds shall be provided with a minimum radius of

### thirty-two feet;

c. In instances where dead-end alleys will clearly be permanent, turnarounds shall be surfaced in accordance with subsection (8)(1) or (8)(2), as applicable; d. In instances were dead-end alleys are of a temporary nature, turnarounds shall be improved with a minimum six-inch-base of crushed limestone. 7. Layout and arrangement of alleys shall be designed to avoid the creation of short cuts for traffic and to discourage use by traffic otherthan that generated by activity within property abutting the alley. 8. 

### Cross intersections of alleys shall not be permitted. 9. Alleys forming the boundary of a subdivision, and adjacent to unplatted property, shall be dedicated and improved the same as if situated in the interior of a subdivision. (Ord. 

### 16882 

### § 2 (part), 

### 2008)BACK TO TITLE INDEX PAGE 

# I 14' R.O.W. 

# I

.

_ .. ---"':Ii. I ASPHALT PAVEMENT. I •



### . II CONCRETE AS SPECIFIED 

### II 2% MIN. INVERT CROWN



# -

··ALLEY ONE (1) 

## WAYLANE

20' R.O.W. J • 

# ,. I 

### :Ii. d ril

. I

I 

# I 10'
ASPHALT PAVEMENT
2% MIN. 

# --

ALLEY 10'

CONCRETE AS SPECIFIED ..**~I**

# I**J~** I 0:: I



## TWO (2)LANES .!iQJtS;. ·1. ONE (1)-THREE FOOT CONCRE1E VAli.EY GUTTER LOCATED AT THE· CENTERLINE OF THE RIGHT-Of-WAY WHEN 1J"IE LONGITUDINAL SLOPE

.OF THE ALLEY IS LESS THAN ONE (1) PERCENT, AND DRAINAGE IS TO 8E CARRIED WITHIN THE ALLEY. 2. NO CONCRETE VALLEY GUTTER REQUIRED WHEN LONGITUDINAL SLOPE· OF THE ALLEY· IS EQUAL OR GREAiER "THAN ONE (1) PERCENT.

TITLE 19· SUBDMSIONORDINANCE 

## ENGlNBERlNGDEPARTMENT DESIGN STANDARDS 

## FOR CONSTRUCTION ALLEY CROSS-SECTIONS ANDDETAILS 3-11
.Approv1:dByIIA.SHUBERT**Choo'ked~** H. M.Eo lUNR1l3,2008 Drlwn:Br. QECIJ:R.

### BACKTO TITLE INDEX PAGE

16' ROW 

# t t

16' LANE PA

## VEMIINi 

# :..:.r '''\:.:':PROPOSED 3' CONCRElB AS SPECIFIED VALLEYCIDTTER.. REFER TOPLA1E3·12 

# .16 1 

# ALLEYNO PARKING

16' ROW 

# I.

PAVEMENT

. AS SPECIfIED 

# - PROPOSED 3' CONCREtE V

AIJ.:E'Y GIJrTER. REFER TOPLA1E3-12 

# 16t 

# ALLEY SINGLEFA:MJLYRESIDENTIAL

28' ROW 

### 211 24' 

### 121

# -~-
28' 

# ALLEY COMMERCIALIlNDUSTRIALIMULTI-FAWLY

TITLE19

- SUBDMSlONORDINANCE 

## ENGINEERINGDEPARTMENT DESIGN STANDARDS

. FOR CONSTRUCTION ALLEY CROSS-SECTIONS 3-11A
Approv!:dByR. A.SHUBERT Choc:kcdlly,

. H.M.l!

..

. Dale JUNB03.2008 DmmBy, OBel].It

### BACK TO TITLE INDEX PAGE 

# I ;:1

# ~j

C.S.8 AS**~~~CJ.,;{** SPECIFIED

SUBGRADE @ 95% COMPACTION A.S PER ASlM {)1551 

# ALLEY·PAVEMENT

SUBGRADE @ 95% COMPACTION AS PER ASTM 01557 1.5' :Z 

### ::E

.. (CONCRETE AS SPECIFIED

.. 2% MIN. PAVEMENT 

# -
'

1.5' 

### r I

# I :;::1

# ~j 'I

3.0' 

# VALLEY 

# GUTTER

NOTES: COMPRESSiVE STRENGTH OF CONCRETE SHALl BE F C



## = 3000 P.S.I. MINIMUM

TfIl,E 19· SUBDIVISIONORDINANCE 

## ENGINEERINGDEPARTMENT DESIGNSTANDARDS FOR CONSTRUCTION ALLEYDETAILS 3-12

AppwvcdByllA, mERT Chec:kedB,: H.M.};' Dahl JUNE03.2008 DlllwnBy' QBCIJ.R.

### RECYCLED ASPHALT PAVEMENT (RAP) INFORMATION 

### Documentation on CityofEl Paso RAP usage receivedbythe TCEQfrom the City ofEl Paso Environmental Services Departmentin a letterdatedJuly 19, 2010. ReclaimedAsphalt PavementMaterial Description and User Guideline from the United States DepartmentofTransportation Federal HighwayAdministration Publication Number: FHWARD-97-148, "User Guidelines forWaste and Byproduct Materials in Pavement Construction." Reprintedfrom the United States Department ofTransportation Federal Highway AdministrationWeb site. (http:!jwww.fhwa.dot.govjpublicationsjresearchjinfrastructurejstructuresj97148jindex.cfm) Excerpts from the November 2000 United States Department ofTransportation Federal Highwaypublication, "Gravel Roads Maintenance and Design Manual" for the South Dakota Local TransportationAssistance Programreceivedbythe TCEQ from the CityofEl Paso Environmental Services Departmentin aletterdatedJuly 19, 2010. Reprintedfrom the United States Environmental ProtectionAgencyWeb site. (http://water.epa.gov jpolwastejnpsj

### gravelroads_index.cfm)

## ALLEYMAINTENANCE TOTAL :MILLINGS APPLIED

9/1/2003 8/31/2004 108 

## . Cy·

9/1/2004 8/31/2005 '2658 

## CY
9/1/2005 8/31/2006

. 7646 

## CY
9/112006 8/31/2007 3656 

## CY
9/1/2007**8/~** 

### 1/2008 11929 

## CY
9/112008 8/31/2009 4233 

## CY
9/1/2009 6/30/2010 818 

## CYFederal Highway Administration> Publications> Research> Infrastructure> Structures> User Guidelines for Waste and Byproduct Materials in Pavement Construction Publication Number: FHWA-RD-97-148 

# User Guidelines for Waste and Byproduct Materials in Pavement Construction
[ Asphalt Concrete (Hot Recycling) ] [ Asphalt Concrete (Cold [Granular Recycling) 

### J Base] [ Embankment or Fill]

RECLAIMED ASPHALT PAVEMENT

ORIGIN Material Description

Reclaimed asphalt pavement (RAP) is the term given to removed and/or reprocessed pavement materials containing asphalt and aggregates. These materials are generated when asphalt pavements are removed for reconstruction, resurfacing, or to obtain access to buried utilities. When properly crushed and screened, RAP consists of high-quality, wellgraded aggregates coated by asphalt cement. Asphalt pavement is generally removed either by milling or full-depth removal. Milling entails removal of the pavement surface using a milling machine, which can remove up to 50 mm (2 in) thickness in a single pass. Full-depth removal involves ripping and breaking the pavement using a rhino horn on a bulldozer and/or pneumatic pavement breakers. In most instances, the broken material is picked up and loaded into haul trucks by a front-end loader and transported to a central facility for processing. At this facility, the RAP is processed using a series of operations, including crushing, screening, conveying, and stacking. Although the majority of old asphalt pavements are recycled at central processing plants, asphalt pavements may be pulverized in place and incorporated into granular or stabilized base courses using a self-propelled pulverizing machine. Hot in-place and cold in-place recycling processes have evolved into continuous train operations that include partial depth removal ofthe pavement surface, mixing the reclaimed material with beneficiating additives (such as virgin aggregate, binder, and/or softening or rejuvenating agents to improvebinder properties), and placing and compacting the resultant mix in a single pass.
Reliable figures for the generation of RAP are not readily available from all state highway agencies or local jurisdictions. Based on incomplete data, it is estimated that as much as 41 million metric tons (45 million tons) of RAP may be produced each year in the United States.(1)
Additional information on recycling of asphalt pavement can be obtained from the following

. organizations:
National Asphalt Pavement Association 5100 Forbes Boulevard Lanham, Maryland 20706-4413 Asphalt Institute Research Park Drive Lexington, Kentucky 40512 Asphalt Recycling and Reclaiming Association #3 Church Circle, Suite 250 Annapolis, Maryland 21401

CURRENT MANAGEMENT OPTIONS Recycling
The majority of the RAP that is produced is recycled and used, although not always in the same year that it is produced. Recycled RAP is almost always returned back into the roadway structure in some form, usually incorporated into asphalt paving by means of hot or cold recycling, but it is also sometimes used as an aggregate in base or subbase construction.
It has been estimated that as much as approximately 33 million metric tons (36 million tons), or 80 to 85 percent of the excess asphalt concrete presently generated, is reportedly being used either as a portion of recycled hot mix asphalt, in cold mixes, or as aggregate in granular or stabilized base materials.(2) Some of the RAP that is not recycled or used during the same construction season that it is generated is stockpiled and is eventually reused. Disposal
Excess asphalt concrete is disposed of in landfills or sometimes in the right of way. In most situations, this occurs where small quantities are involved, or where the material is commingled with other materials, or facilities are not readily available for collecting and processing the RAP. It is estimated that the amount of excess asphalt concrete that must be disposed is less than 20 percent of the annual amount of RAP that is generated.MARKET SOURCES
In most cases, recycled hot mix asphalt can be obtained from central RAP processing facilities where asphalt pavements are crushed, screened, and stockpiled for use in asphalt concrete production, cold mix, or as a granular or stabilized base material. Most of these processing facilities are located at hot mix asphalt plant sites, where the RAP is either sold or used as feedstock for the production of recycled hot mix asphalt pavement or recycled cold mix.
The properties of RAP are largely dependent on the properties of the constituent materials and asphalt concrete type used in the old pavement. Since RAP may be obtained from any number of old pavement sources, quality can vary. Excess granular material or soils, or even debris, can sometimes be introduced into old pavement stockpiles. The number of times the pavement has been resurfaced, the amount of patching and/or crack sealing, and the possible presence of prior seal coat applications will all have an influence on RAP composition. Quality control is needed to ensure that the processed RAP will be suitable for the prospective application. This is particularly the case with in-place pavement recycling.

HIGHWAY USES AND PROCESSING REQUIREMENTS
Milled or crushed RAP can be used in a number of highway construction applications. These include its use as an aggregate substitute and asphalt cement supplement in recycled asphalt paving (hot mix or cold mix), as a granular base or subbase, stabilized base aggregate, or as an embankment or fill material. Asphalt Concrete Aggregate and Asphalt Cement Supplement Recycled asphalt pavement can be used as an aggregate substitute material, but in this application it also provides additional asphalt cement binder, thereby reducing the demand for asphalt cement in new or recycled asphalt mixes containing RAP.
When used in asphalt paving applications (hot mix or cold mix), RAP can be processed at either a central processing facility or on the job site (in-place processing). Introduction of RAP into asphalt paving mixtures is accomplished by either hot or cold recycling.
Hot Mix Asphalt (Central Processing Facility) Recycled hot mix is normally produced at a central RAP processing facility, which usually contains crushers, screening units, conveyors, and stackers designed to produce and stockpile a finished granular RAP product processed to the desired gradation. This product is subsequently incorporated into hot mix asphalt paving mixtures as an aggregate substitute. Both batch plants and drum-mix plants can incorporate RAP into hot mix asphalt.
Hot Mix Asphalt (In-Place Recycling)
Hot in-place recycling is a process of repaving that is performed as either a single or multiple pass operation using specialized heating, scarifying, rejuvenating, laydown, andcompaction equipment. There is no processing required prior to the actual recycling operation.
Cold Mix Asphalt (Central Processing Facility)
The RAP processing requirements for cold mix recycling are similar to those for recycled hot mix, except that the graded RAP product is incorporated into cold mix asphalt paving mixtures as an aggregate substitute.
Cold Mix Asphalt (In-Place Recycling)
The cold in-place recycling process involves specialized plants or processing trains, whereby the existing pavement surface is milled to a depth of up to 150 mm (6 in), processed, mixed with asphalt emulsion (or foamed asphalt), and placed and compacted in a single pass. There is no processing required prior to the actual recycling operation.
Granular Base Aggregate
To produce a granular base or subbase aggregate, RAP must be crushed, screened, and blended with conventional granular aggregate, or sometimes reclaimed concrete material. Blending granular RAP with suitable materials is necessary to attain the bearing strengths needed for most load-bearing unbound granular applications. RAP by itself may exhibit a somewhat lower bearing capacity than conventional granular aggregate bases.
Stabilized Base Aggregate
To produce a stabilized base or subbase aggregate, RAP must also be crushed and screened, then blended with one or more stabilization reagents so that the blended material, when compacted, will gain strength.
Embankment or Fill Stockpiled RAP material may also be used as a granular fill or base for embankment or backfill construction, although such an application is not widely used and does not represent the highest or most suitable use for the RAP. The use of RAP as an embankment base may be a practical alternative for material that has been stockpiled for a considerable time period, or may be commingled from several different project sources. Use as an embankment base or fill material within the same right of way may also be a suitable alternative to the disposal of excess asphalt concrete that is generated on a particular highway project.

MATERIAL PROPERTIES Physical Properties
The properties of RAP are largely dependent on the properties of the constituent materials and the type of asphalt concrete mix (wearing surface, binder course, etc.). There can be substantial differences between asphalt concrete mixes in aggregate quality, size, and consistency. Since the aggregates in surface course (wearing course) asphalt concretemust have high resistance to wear/abrasion (polishing) to contribute to acceptable friction resistance properties, these aggregates may be of higher quality than the aggregates in binder course applications, where polishing resistance is not of concern.
Both milling and crushing can cause some aggregate degradation. The gradation of milled RAP is generally finer and more dense than that of the virgin aggregates. Crushing does not cause as much degradation as milling; consequently, the gradation of crushed RAP is generally not as fine as milled RAP, but finer than virgin aggregates crushed with the same type of equipment.
The particle size distribution of milled or crushed RAP may vary to some extent, depending on the type of equipment used to produce the RAP, the type of aggregate in the pavement, and whether any underlying base or subbase aggregate has been mixed in with the reclaimed asphalt pavement material during the pavement removal. During processing, virtually all RAP produced is milled or crushed down to 38 mm (1.5 in) or less, with a maximum allowable top size of either 51 mm (2 in) or 63 mm (2.5 in). Table 13-1 lists the typical range of particle size distribution that normally results from the milling or crushing of RAP. Milled RAP is generally finer than crushed RAP. Studies on pavements in California, North Carolina, Utah and Virginia have shown that before and after milling, the pavement fraction passing a 2.36 mm (No.8) sieve can be expected to increase from a premilled range of 41 to 69 percent to a postmilled range of 52 to 72 percent. The fraction passing a 0.075 mm (No. 200) sieve can be expected to increase from approximately 6 to 10 percent to a range of 8 to 12 percent. (3) Most sources of RAP will be a well-graded coarse aggregate, comparable to, or perhaps slightly finer and more variable than, crushed natural aggregates.
The unit weight of milled or processed RAP depends on the type of aggregate in the reclaimed pavement and the moisture content of the stockpiled material. Although available literature on RAP contains limited data pertaining to unit weight, the unit weight of milled or processed RAP has been found to range from 1940 to 2300 kg/m 3 (120 to 140 Ib/ft\ which is slightly lowerthan that of natural aggregates.
Information on the moisture content of RAP stockpiles is sparse, but indications are that the moisture content of the RAP will increase while in storage. Crushed or milled RAP can pick up a considerable amount of water if exposed to rain. Moisture contents up to 5 percent or higher have been measured for stored crushed RAP.(4) As noted earlier, during periods of extensive precipitation, the moisture content of some RAP stockpiles may be as high as 7 to 8 percent.(5) Lengthy stockpiling of crushed or milled RAP should, therefore, be kept to a minimum.
The asphalt cement content of RAP typically ranges between 3 and 7 percent by weight. The asphalt cement adhering to the aggregate is somewhat harder than new asphalt cement. This is due primarily to exposure of the pavement to atmospheric oxygen (oxidation) during use and weathering. The degree of hardening depends on several factors, including the intrinsic properties of the asphalt cement, the mixing temperature/time (increases with increasing high temperature exposure), the degree of asphalt concrete compaction (increases if not well compacted), asphalt cemenUair voids content (increases with lower asphalUhigher air voids content), and age in service (increases with age).
Table 13-1. Typical range of particle size distribution for reclaimed asphalt pavement (RAP)(percent by weight passing).
Percent Finer After Processing Milling Screen Size

, (mesh)**r37~5--;;~~(1~.-5~in--)-0·~~--~~~1·~0·~0·~~~~--~-1** 25 mm (1.0 in) 95 -100 19 mm (3/4 in) 84

_100 12.5 mm (1/2 in) 70

_100 9.5 mm (3/8 in) 58

_95 

# I 75 mm (No.4) j 2.36 mm (No.8) 38

- 75

1 1.18 mm (No. 16) 25

- 60 17

- 40 0.60 mm (No. 30) 10

_35a 0.30 mm (No. 50) 5 _25b 0.15mm(No.100) 3-20c

0.075 mm (No. 2 _15d

a. Usually less than 30 percent b. Usually less than 20 percent c Usually less than 15 percent d. less than 10 per"celnt

The RAP obtained from most wearing surface mixes will usually have an asphalt content in the 4.5 to 6 percent range. The recovered asphalt from RAP usually exhibits low penetration and relatively high viscosity values, depending on the amount of time the original pavement has been in service. Penetration values at 25°C (7rF) are likely to range from 10 to 80 while the absolute viscosity values at 60°C (140°F) may range from as low as 2,000 poises (equivalent to AC-20) up to as high as 50,000 poises or greater, depending on the extent of aging. Viscosity ranges from 4,000 to 25,000 poises can normally be expected from the asphalt cement that is recovered from RAP material.(6) Table 13-2 provides a summary of the typical ranges of physical properties of RAP, other than gradation.
Table 13-2. Physical and mechanical properties of reclaimed asphalt pavement (RAP).
Typical Range of Values

Maximum: 7-8% Normal: 4.5-6%**~~~~_ M~ximum**  Range:**3-~~.** .
_ Normal: 10-80 at 25°C (7rF) RAP Property eight
Physical Properties! I te Viscosity or ,Normal: 4,000

- 25,0 

### I**~~~~~~:~:~,~_Iat** 60°C (140°F)

I,

---- r1600

- 2000 kg/m**ICclm~)ac1tedUnit** Weight 1(100-125Ib/ft3) Mechanical ; Propert,'es C I'f . B . R t' i100% RAP: 20-25%
, a ,ornla eanng a 10

. 

# I (CBR)

# 11~~or:g~~e~~~0~~o~r~~~~~a; "--------------'----------------'----------------------------------"-----"--=

Chemical Properties
Mineral aggregates constitute the overwhelming majority (93 to 97 percent by weight) of RAP. Only a minor percentage (3 to 7 percent) of RAP consists of hardened asphalt cement. Consequently, the overall chemical composition of RAP is essentially similar to that of the naturally occurring aggregate that is its principal constituent. Asphalt cement is made up of mainly high molecular weight aliphatic hydrocarbon compounds, but also small concentrations of other materials such as sulfur, nitrogen, and polycyclic hydrocarbons (aromatic and/or naphthenic) of very low chemical reactivity. Asphalt cement is a combination of asphaltenes and maltenes (resins and oils). Asphaltenes are more viscous than either resins or oils and playa major role in determining asphalt viscosity. Oxidation of aged asphalt causes the oils to convert to resins and the resins to convert to asphaltenes, resulting in age hardening and a higher viscosity binder.(?)
Mechanical Properties
The mechanical properties of RAP depend on the original asphalt pavement type, the method(s) utilized to recover the material, and the degree of processing necessary to prepare the RAP for a particular application. Since most RAP is recycled back into pavements, there is a general lack of data pertaining to the mechanical properties for RAP in other possible applications.
The compacted unit weight of RAP will decrease with**increasin~** unit weight, with maximum dry density values reported to range from 1600 kg/m3(100 Ib/ft ) to 2000 kg/m3(125 Ib/ft\(8) California Bearing Ratio (CBR) values for RAP material containing trap rock aggregate have been reported in the 20 to 25 percent range. However, when RAP is blended with natural aggregates for use in granular base, the asphalt cement in the RAP has a significant strengthening effect over time, such that specimens containing 40 percent RAP have produced CBR values exceeding 150 after 1 week.(9)
Table 13-2 provides a summary ofthe mechanical properties of RAP discussed in the preceding paragraphs.



### REFERENCES

1. Pavement Recycling Executive SummaryandReport, Federal HighwayAdministration, Report No. FHWA-SA-95-060, Washington, DC, 1995. 2. Engineering andEnvironmentalAspects of Recycling Materials forHighway Construction, Federal Highway Administration and U.S. Environmental Protection Agency, Report No. FHWA-RD-93-008, Washington, DC, May 1993. 3. Kallas, B. F. Flexible Pavement Mixture Design Using ReclaimedAsphalt Concrete, FHWAlRD-84/088, June, 1984. 4. Smith, Richard W. "State-of-the-Art Hot Recycling." Transportation Research Board, Record No. 780, Proceedings of the National Seminaron Asphalt Pavement Recycling, Washington, DC, 1980. 5. Decker, D. S. and T. J. Young, "Handling RAP in an HMA Facility." Proceedings of the Canadian TechnicalAsphaltAssociation, Edmonton, Alberta, 1996. 6. Epps, J. A, D. N. Little, R. J. O'Neal, and B. M. Gallaway. "Mixture Properties of Recycled Central Plant Materials." American Society for Testing and Materials, Special Technical Publication No. 662, Recycling ofBituminous Pavements, West Conshohocken, Pennsylvania, December, 1977. 7. Noureldin, Ahmed Samy and Leonard E. Wood. "Variations in Molecular Size Distribution of Virgin and Recycled Asphalt Binders Associated with Aging." Transportation Research Board, Record No.1228, Washington, DC, 1989. 8. Senior, S. A, S. I. Szoke, and C. A Rogers. "Ontario's Experience with Reclaimed Materials for Use in Aggregates." Presented at the International Road Federation Conference, Calgary, Alberta, 1994. 9. Hanks, A J. and E. R. Magni. The Use of Bituminous and Concrete Material in GranularBase andEarth. Materials Information ReportMI-137, Engineering Materials Office, Ontario Ministry of Transportation, Downsview, Ontario, 1989.

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TRT Terms: Waste products as road materials--Handbooks, manuals, etc, Pavements, Asphalt concrete--Design and construction--Handbooks, manuals, etc, Pavements, Concrete--Design and construction--Handbooks, manuals, etc, Pavements--Additives--Handbooks, manuals, etc, Fills (Earthwork)--Design and construction--Handbooks, manuals, etc, Roads--Base courses--Design and construction--Handbooks, manuals, etc, Wastes, Environmental impacts, Recycling Updated: 04/07/2011

## I FHV\iA Horne 

## I

OFHWA United States Department of Transportation

- Federal Highway AdministrationFederal Highway Administration> Publications> Research> Infrastructure> Structures> User Guidelines for Waste and Byproduct Materials in Pavement Construction Publication Number: FHWA-RD-97-148 

# User Guidelines for Waste and Byproduct Materials in Pavement Construction

[ Asphalt Concrete (Cold Recycling) 

## 1 [ Granular Base] [ Embankment or Fill] [ Material Description]

RECLAIMED ASPHALT PAVEMENT User Guideline**~~~~~~** __ "

__ __**ff"~** _ Asphalt Concrete (Hot Recycling)
INTRODUCTION
Reclaimed asphalt pavement (RAP) can be used as an aggregate in the hot recycling of asphalt paving mixtures in one of two ways. The most common method (conventional recycled hot mix) involves a process in which RAP is combined with virgin aggregate and new asphalt cement in a central mixing plant to produce new hot mix paving mixtures.(1) A second method (hot in-place recycling) involves a process in which asphalt pavement surface distress is corrected by softening the existing surface with heat, mechanically removing the pavement surface, mixing it with a recycling or rejuvenating agent, possibly adding virgin asphalt and/or aggregate, and reflacing it on the pavement without removing the recycled material from the pavement siteY

PERFORMANCE RECORD Although some form of pavement recycling had been practiced as early as 1915,(3) the first sustained efforts to recover and reuse old asphalt paving materials were conducted during 1974 in Nevada and Texas.(4) Bolstered by the sponsorship of the Federal Highway Administration (FHWA), more than 40 states performed and documented RAP demonstration projects between 1976 and 1982.RAP is now routinely accepted in asphalt paving mixtures as an aggregate substitute and as a portion of the binder in nearly all 50 states. Substitution rates of 10 to 50 percent or more, depending on state specifications, are normally introduced in pavements, and recently developed technology has even made it possible to recycle 90 to 100 percent RAP in hot mix. Recycled Hot Mix
The use of processed RAP to produce conventional recycled hot mix (RHM) is the most common type of asphalt recycling and is now considered standard asphalt paving practice. There are abundant technical data available indicating that properly specified and produced recycled hot mix asphalt is equivalent in quality and structural performance to conventional hot mix asphalt in terms of rutting, raveling, weathering, and fatigue cracking. Recycled hot mix asphalt mixtures also generally age more slowly and are more resistant to the action ofwater than conventional hot mix asphalt. (See references 5,6,7,8,9,10, and11.)
The maximum limit for RAP content in RHM produced in conventional hot mix asphalt batch plants is widely considered to be 50 percent, limited by both the heat capacity of the plants and gaseous hydrocarbon emissions. As much as 60 to 70 percent RAP may be processed in drum mix plants. Special plants based on microwave technology have been developed to limit gaseous emissions from hot mix asphalt production using very high RAP contents (up to 100 percent RAP), but the cost of heating is much higher than that of conventional systems. This process was developed in California and has only seen limited use.(12)

Table 13-3 provides a 1996 list of State Department of Transportation (DOT) specification requirements for the use of RAP in hot mix asphalt paving mixtures. Separate requirements are given for mixes produced in batch plants or drum-mix plants. Maximum allowable RAP percentages are shown in Table 13-3 for wearing surface, binder, and base courses. (13)
While all state highway agencies permit the use of RAP in base and binder courses, 10 agencies do not permit the use of RAP in surface courses. These include Alaska, Florida, Hawaii, Louisiana, Maine, Maryland, New York, Oklahoma, Rhode Island, and Tennessee. Louisiana and Maine allow up to 20 percent RAP in shoulder mixes**onl~.** Massachusetts does not permit the use of RAP in open-graded friction course mixes.(1 ) Minnesota permits RAP to be used in surface mixes only on low-volume roads.(5) Oklahoma allows up to 25 percent RAP for low- volume roads (fewer than 1,000 vehicles per day) only. Oregon does not permit RAP use in surface mixes on interstate highways.(13)
States that approve the use of RAP in surface courses generally permit from 10 to 30 percent RAP. Some states permit even higher percentages from approved RAP sources. Allowable binder and base course aggregate substitution rates range from 10 to as high as 70 percent in one state (Arkansas). At least 22 states do not permit the blending or commingling of RAP from different projects into combined stockpiles.(13)
Hot In-Place Recycling
The use of hot in-place recycling (HIPR) has developed rapidly over the past decade, although it is in use only on a limited basis. Simple heater-scarification units, heat reforming systems, and special techniques have been developed for heating, scarifying, rejuvenation, and remixing of up to 50 mm (2 in) in depth of aged old asphalt pavement tonew hot mix quality overlay in one pass.
The Asphalt Recycling and Reclaiming Association (ARRA) recognizes three basic HIPR processes: (1) heater-scarification (multiple pass); (2) repaving (single pass); and (3) remixing.
The first two processes involve removal, rejuvenation, and replacement of the top 25 mm (1 in) of the existing pavement. The remixing process involves incorporating virgin hot mix with the recycled paving material in a pugmill and placement to a depth of 50 mm (2 in).

Table 13-3. State DOT specification requirements for the use of reclaimed asphalt pavement (RAP) in hot mix asphalt paving mixtures.(13)

Max. RAP % -BUdl.1'laJW 1.tax. RAP %

- Drum.1'bJW Thp SUe stUe Due lIinAk Smfi(e Due lIinAk Smfi(e fur RAP
Ahb= 40 40 15 50 50 15 2in Ahsloia

- 

## - - - - - - .I\ri=\a 30 30 30 30 30 30 1.5in MallSas 10 10 10 10 10 10 3in CilifcmUa 50 50 50 50 50 50 2in Colarado 15 15 15 15 15 15 1.5 Col'lJ:'lect.i.cut. 40 40 40 40 40 40 2in Deklwm 35 35 25 50 50 30 2in FJ.orida 60 50 None 60 50 None &Jecs Goorgia 25 25 25 40 40 40 2in :H'.awaii 30 None None 40 None None 15 in Idaho Open Open Open Open Open Open 2in Illi:tois 50 25 15 50 25 15 &Jecs Jnd.ima 50 50 20 50 50 20 2in Ia= Open Open Open Open Open Open 15 in K;msas 50 50 50 50 50 50 2in Ke1'11Ilcby 30 30 30 30 30 30 &Jecs L01ili;i"ma 30 30 None 30 30 None 2in Maine 40 40 None 40 40 None lin MlIylmd Open Open Linrii Open Open Linrii &Jecs MassuhuHtts 20 20 10 40 40 10 .15 in 50 50 50 50 50 50 &Jecs Mi'lJ:'lesota 59 50 30 50 50 30 3in Mtsissippi 30 30 15 30 30 15 2in Mtsauri 50 50 50 50 50 50 1.5in Mo:t1tma 50 50 10 50 50 10 2in Nebraska NotUsed NotUsed NotUsed Open Open Open 2in Nevada 50 50 15 50 50 15 1.5in New 35 35 15 50 50 15 &Jecs Hw::>p5hire 25 25 10 25 25 10 2in New Jm'ij New :M:exi.co Open Open Open Open Open Open 15 in NewYorl-; 50 50 None 10 10 None 2in North Ci4'Olina 60 60 60 60 60 60 2in NorthDa};ota 50 50 50 50 50 50 lin Ohio 50 35 20 50 35 20 2inOld.ahoma 25 25 No:n. 25 25 Non. 2ilt ()r@gon 30 20 20 30 20 20 lilt P'!I:"ll\5)'Mrtia Open Open Open Open Open Open 2ilt**Fho~** Islmd 30 30 Nane 30 30 Non. U5n Soulh**c;~lit\a** 30 25 20 30 25 20 2ilt SoulhDakota Not**U~ed** Not**U~ed NotU~ed**  50 50 50 15ilt**Terme~~ee** 15 Open No:n. Open Open No:n. Open Texas 15 Open Open Open Open Open 2ilt tJtah**NotU~ed NotU~ed** **NotU~ed** 25 25 25 2ilt VeIm.01.'ll.**!:pec~. !:pec~**  .**!:pe(~ !:pec~** **!:pec~ !:pec~** **!:pec~** Virginia 25 25 25 25 25 25 2ilt Open**W~** Open Open Open Open Open Open Open**We~Virgi:rt:ia** Open Open Open Open Open Open Open**Wis(~h** Open 35 20 Open 35 20 Open \Iijonl:ilg 50 50 50 50 50 50 2ilt

The major advantage of HIPR is the cost savings that it can potentially achieve over conventional recycled hot mix, eliminating the costs associated with transporting, processing and stockpiling RAP. Since only the top 50 mm (2 in) of pavement can normally be reconditioned using this process, HIPR applications are limited to roadways that do not have any structural deficiencies and do no not require additional materials. The major disadvantage of HIPR is the inability to make significant changes to the mix. Pavements that exhibit structural base failure, irregular patching or the need for major drainage or grade improvements are not suitable candidates for HIPR.(2)
Not all states have experience in HIPR applications, although HIPR technology is a fairly well accepted practice. There are 32 states that report having some experience with HIPR, although 22 of these states consider their use of HIPR to be experimental. The 10 states that have the most experience with HIPR are Arkansas, Colorado, Florida, Kansas, Maryland, New York, Ohio, Texas, Utah, and Virginia. None of these states has had more than five HIPR projects per year. A survey of these states found that, in general, all have reported good or fair performance. (2)
The survey of HIPR experience at the state DOT level further indicated that the use of the three different HIPR processes has been fairly evenly divided, with 13 states having had some experience with heater-scarification, and 16 states each having some experience with either the repaving or the remixing process. Of the 10 states with the most HIPR experience, 5 have used heater-scarification, 4 have used the repaving process, and 6 have used the remixing process.(2)

MATERIAL PROCESSING REQUIREMENTS Recycled Hot Mix
Reclaimed asphalt pavement must be processed into a granular material prior to use in hot mix applications. A typical RAP processing plant consists of a crusher, screening units, conveyors, and stacker. It is desirable to produce either a coarse or a fine fraction of processed RAP to permit better control over input to the hot mix plant and better control of the mix design. The processed RAP used in recycled hot mix asphalt should be as coarse as possible and the fines (minus 0.075 mm (No. 200 sieve)) minimized. Gentle RAP crushing (controlled crusher speed and clearance adjustment on exit gate) isrecommended to minimize the fracture of coarse aggregate and excess fines generation.
Hot In-Place Recycling
In the HIPR process, the surface of the pavement must be softened with heat prior to mechanical scarification. The HIPR process has evolved into a self-contained, continuous train operation that includes heating, scarifying, rejuvenator addition, mixing, and replacement.

ENGINEERING PROPERTIES
Some of the engineering properties of RAP that are of particular interest when RAP is incorporated into new asphalt pavements include its gradation, asphalt content, and the penetration and viscosity ofthe asphalt binder.
Gradation: The aggregate gradation of processed RAP is somewhat finer than virgin aggregate. This is due to mechanical degradation during asphalt pavement removal and processing. RAP aggregates usually can satisfy the requirements of ASTM 0692 "Coarse Aggregates for Bituminous Pavement Mixtures" and ASTM 01073 "Fine Aggregate for Bituminous Pavement Mixtures.,,(14,15) Asphalt Content and Properties: The asphalt content of most old pavements will comprise approximately 3 to 7 percent by weight and 10 to 20 percent by volume of the pavement. Due to oxidation aging, the asphalt cement has hardened and consequently is more viscous and has lower penetration values than the virgin asphalt cement. Depending on the amount of time the original pavement had been in service, recovered RAP binder may have penetration values from 10 to 80 and absolute viscosity values at 60°C (140°F) in a range from as low as 2,000 poises to as high 50,000 poises or greater.(16)

DESIGN CONSIDERATIONS Recycled Hot Mix
Mix Design
The use of processed RAP in hot mix asphalt pavements is now standard practice in most jurisdictions and is referenced in ASTM 03515.(17) The primary steps in the design of mixes include the determination of material properties of RAP and new materials, the selection of an appropriate blend of RAP and virgin aggregate to meet gradation, the selection of an appropriate asphalt cement blend to satisfy specified viscosity andlor penetration requirements, the need to add a recycling or rejuvenating agent to soften the existing binder, and the need to comply with stability, flow, and air voids requirements.
Either the Marshall(18) or the Hveem(19) mix design procedures are used by most state agencies for determining the asphalt cement and acceptable RAP content of recycled paving mixes.(1)Recycling and rejuvenating agents can be divided into three main types: "super-soft" asphalt cements, napthenic (aromatic) oils, and paraffinic oils. These products consist of organic compounds derived from petroleum extracts during petroleum hydrocarbon processing. ASTM 04552(20) provides a classification of recycling or rejuvenating agents.
Procedures for selecting the quality of asphalt cement or recycling agent are outlined in ASTM 04887.(21) This specification includes a viscosity blending chart, which enables the designer to determine the percentage of recycling or rejuvenating agent (or soft asphalt cement) to add to the total binder in order to achieve a desired value of absolute viscosity for the recycled asphalt cement. The Asphalt Institute's manual on asphalt hot mix recycling also provides trial mix design examples that indicate how to use a viscosity blending chart to design a recycled hot mix.
The Asphalt Institute suggests that when 20 percent or less RAP is used in a mix, no change in asphalt grade is required. However, for mixes with greater than 20 percent RAP, a drop in one grade (softer asphalt cement) is recommended to compensate for the greater viscosity ofthe oxidized binder.(1) Many states use the same grade of asphalt cement regardless of the RAP content.
The Asphalt Institute's manual on mix design methods for asphalt concrete(22) provides a method to determine necessary mix design characteristics (such as stability, flow, and air voids content) for either the Marshall or the Hveem mix design methods. The final mix design proportions for the recycled hot mix paving mixture will be determined by completing mix design testing using standard procedures to satisfy applicable mix design criteria.
Additional virgin aggregates may be required to satisfy gradation requirements to improve stability and to limit the RAP content in recycled hot mixes. In the production of hot mix, superheated virgin aggregate is needed to provide indirect heat transfer to the RAP while maintaining the proper mix temperature without the generation of "blue smoke."
StructuralDesign
Conventional AASHTO pavement structural design methods are appropriate for asphalt pavements incorporating reclaimed asphalt pavement in the mix.

Hot In-Place Recycling
Mix Design
Mix design procedures for HIPR are not as well established as those for conventional recycled hot mix. Many states as a minimum require that cores be taken of the candidate pavement to determine in-place pavement properties, including binder content, viscosity, and aggregate grading.(2)
The material properties of the existing asphalt pavement (to at least the depth of scarification) should be determined prior to construction in order to permit any necessary adjustments to aggregate gradation to develop the required voids in mineral aggregate (VMA) and selection of the appropriate viscosity binder. This will require coring of thepavement to be recycled and laboratory testing ofthe recovered paving samples.
Unlike conventional recycled hot mix where the RAP is combined with a significant amount of new aggregate material (making up typically between 60 to 80 percent of the RHM), HIPR may involve up to 100 percent recycling of the existing pavement. Consequently, the extent to which the existing pavement can be improved or modified is limited by the condition and characteristics of the old mix.
The amount of rejuvenating agent that can be added through HIRP is limited by the air voids content ofthe existing asphalt. When the air voids content of the old asphalt mix is too low to accommodate sufficient recycling agent for proper rejuvenation or softening of the old asphalt binder without mix flushing, it may be necessary to add additional fine aggregate or to beneficiate with virgin hot mix to open up the mix or increase the air voids. The selection of the appropriate addition (either fine aggregate or virgin hot mix), and the amount to be added, are determined by Marshall or Hveem mix design methods.
The type of recycling or rejuvenating agent and the percentage to be added to the binder can be estimated using procedures outlined in ASTM methods 04552(20) and 04887.(21) The recycling or rejuvenating agent, if used, should be compatible with the recycled and new asphalt binder.
Structural Design
HIPR is generally considered a rehabilitation technique for addressing superficial pavement distress to a maximum depth of about 50 mm (2 in). The recycled layer is considered to be structurally equivalent to new hot mix asphalt.

CONSTRUCTION PROCEDURES Recycled Hot Mix
Material Handling and Storage
RAP is produced by milling, ripping, breaking, crushing, or pulverizing types of equipment. To ensure that the final RAP product will perform as intended, inspection of incoming RAP with rejection of contaminated loads (excess granular material, surface treatment, joint sealant, etc.) should be undertaken. Some jurisdictions also require that RAP from a particular project not be blended or commingled with RAP from other projects.
Once processed, RAP can be handled and stored as a conventional aggregate material. However, because ofthe variability of RAP in comparison with virgin aggregates, many agencies do not permit the blending of RAP from different projects into combined stockpiles. The Asphalt Institute recommends that the height of RAP stockpiles be limited to a maximum of 3 meters (10ft) to help prevent agglomeration or sticking together of the RAP particles.(1) Stockpiling time should also be minimized to keep the moisture content of RAP stockpiles from becoming excessive. Experience has proven that conical stockpiles are preferred to horizontal stockpiles and will not cause RAP to re-agglomerate in large piles. RAP has the tendency to form a crust (dueto a solar/thermal effect from the sun) over the first 200 to 250 mm (8 to 12 in) of pile depth for both conical and horizontal stockpiles. This crust tends to help shed water, but is easily broken by a front-end loader, and may help keep the rest ofthe pile from agglomerating. RAP has a tendency to hold water and not to drain over time like an aggregate stockpile. Therefore, low, horizontal, flat stockpiles are subject to greater moisture accumulation than tall, conical stockpiles. It is not unusual to find RAP moisture content in the 7 to 8 percent range during the rainy season at facilities using low, horizontal stockpiling techniques.(23)
RAP stockpiles are typically left uncovered because covering with tarps can cause condensation underthe tarp and add moisture to the RAP stockpile. For this reason, RAP stockEiles are either left uncovered or RAP is stored in an open-sided building, but under a roof.( 3)
When large quantities of RAP from different sources are available, it is advisable to keep stockpiles separated and identified by source. Consistent RAP from a "composite" or "blended" pile can be produced using a crushing and screening operation and reprocessing stockpiles that come to the yard from different sources. Material handling machinery, such as front-end loaders and bulldozers, should be kept from driving directly on the stockpile. Agglomerating RAP particles can make it very difficult for the loader to handle the RAP. Mixing, Placing and Compacting
When RAP is added to hot mix asphalt, measures must be taken to avoid exposing the RAP to temperatures in excess of

### 42rC (800 o :F). Exposure ofthe RAP to temperatures above this limit can result in excessive hydrocarbon emissions (blue smoke). To reduce this problem, hot mix asphalt plants have been modified to permit the recycling of RAP.(24)
In a batch plant operation, the RAP is usually added to superheated new aggregate at the pugmill. In drum-mix plants, RAP is usually introduced with new aggregate into the drum using a dual feed system. The new aggregate is typically introduced at the hot end of the drum (normally the front end of the drum), while the RAP is introduced at the middle or rear of the drum to prevent overheating damage to the RAP.(25)
In a batch plant, typical RAP substitution rates are limited by the heat capacity ofthe plant and the ability to superheat the aggregate to temperatures that will produce a suitable mix temperature. This normally limits batch plant blends to between 10 and 30 percent RAP. In a drum mix plant, from 30 to 70 percent RAP can be added, with a practical limit of 50 percent, due to hydrocarbon emission limitations that may be exceeded if excess RAP is introduced. Quality Control
To produce consistently high-quality recycled hot mix asphalt, the need for systematic quality control of the RAP is essential. The process should be monitored for processed RAP moisture content, gradation, and asphalt cement content. (26) Controlled plant operations have been developed to produce a consistent (homogeneous) RAP. Extraction tests to monitor the RAP gradation and asphalt cement content, and penetration and viscosity tests on the recovered asphalt cement, should be performed regularly to monitor the RAP characteristics for comparison with the job mix formula and enable appropriate adjustments to the mix.
The same field testing procedures used for conventional hot mix asphalt mixes should beused for mixes containing reclaimed asphalt pavement. Mixes should be sampled in accordance with AASHTO T168,(27) and tested for specific gravity in accordance with ASTM 02726(28) and in-place density in accordance with ASTM 02950.(29)

Hot In-Place Recycling Mixing, Placing and Compacting
There are three basic HIPR construction processes in use: heater scarification, repaving, and remixing. All involve a specialized plant in a continuous train operation.
Heater scarification involves a plant that heats the pavement surface (typically using propane radiant heaters), scarifies the pavement surface using a bank of nonrotating teeth, adds a liquid rejuvenating additive, then mixes and levels the recycled mix using a standard auger system. The recycled asphalt pavement is then compacted using conventional compaction equipment. The process is limited in its ability to repair severely rutted pavements, which are often overlaid with conventional hot mix asphalt. Repaving is a more sophisticated process that includes removing (by heating and scarification and/or grinding) the top 25 to 50 mm (1 to 2 in) ofthe old asphalt pavement, adding and mixing in a rejuvenating agent to improve asphalt viscosity, placing the recycled material as a leveling course using a primary screed, and simultaneously placing a thin (usually less than 25 mm (1 in) but up to 50 mm (2 in) in some systems) hot mix asphalt overlay. Conventional equipment and procedures are used immediately behind the ·train to compact both layers of material to ensure a monolithic bond between the new and recycled layer.(30)

. The remixing process is used when additional aggregates are required to improve the strength or stability ofthe recycled asphalt concrete. Scarified or milled RAP is blended with rejuvenator and new virgin aggregate or new hot mix asphalt, then placed by a compacting screed. Conventional equipment and procedures are used to place and compact the remixed material. Quality Control
The initial step in the quality control of hot in-place recycled mixes is in the selection of the pavement to be recycled. Not all pavements are good candidates for this type of recycling. Cores ofthe pavement being considered for HIPR must be taken during the early planning for the project. The cores should first be visually examined for Pi3vement problems such as delaminations, stripping, or stripping potential, or water in the voids or delaminations. Pavements with delaminations, especially saturated delaminations, in the top 5 cm (2 in) should not be considered for HIPR projects. Also, pavements that have been rutted, heavily patched, or chip-sealed are not good candidates for HIPR projects. Next, as noted in the Mix Design section, field core specimens should be analyzed in the laboratory to determine (based on the asphalt content, viscosity, and penetration of the recovered binder) the required amount of rejuvenating agent to be added to the mix in order to attain the desired viscosity of the recycled mix. If too much rejuvenating agent (1.0 percent or more by weight of mix) must be added in order to attain this viscosity, the mix should probably not be recycled in place. As a guideline, pavements being considered forHIPR should not be too severely aged. It is recommended that such pavements have an absolute viscosity lowerthat 200,000 poises (and preferably below 100,000 poises) in order to be considered for HIPR projectsY1)
Field core specimens should also be evaluated for air voids content during the pavement selection process. An existing pavement being considered for HIPR should have an air voids content in excess of 6 percent, in order to accommodate the addition of a rejuvenating agent without the loss of stability in the recycled mix. If material properties are not completely satisfactory for 100 percent recycling, the addition of 20 to 30 percent by weight of virgin hot mix during recycling should be considered.(31)
Field quality control measures during HIPR operations include monitoring the depth of scarification, the temperature of the recycled mix, the visual appearance and homogeneity of the scarified or milled RAP, the compaction procedure, and the visual appearance ofthe recycled pavement surface after compaction. Loose samples ofthe recycled mix should be obtained and extraction tests performed to monitor RAP gradation, asphalt cement and air voids contents, and penetration and viscosity ofthe recovered asphalt binder for comparison with the job mix formula.(32) The recycled mix should be monitored for in-place density in accordance with ASTM 02950.(29)



### UNRESOLVED ISSUES
While the asphalt pavement recycling technologies are well established, there is still considerable need for additional performance information, particularly with regard to creep (rutting resistance), fatigue endurance and durability, and the use of reclaimed asphalt pavement in premium surface course mixes. There is also a need for more correlation of field and laboratory measurements to refine guidelines for laboratory prediction of field performance (for instance, laboratory curing procedures that best simulate field conditions).
Some additional issues that require resolution include:

• further information on the variability of RAP, especially from blended stockpiles;

• validation of SUPERPAVE mix design procedures with mixtures containing RAP;

• an environmental code of practice regarding gaseous emissions from hot mix plant recycling and HIPR;

• the suitability of HIPR for surface-treated and rubberized materials (environmental considerations); and

• evaluation methodologies for structural characterization of HIPR asphalt concrete and CIPR asphalt concrete.



### REFERENCES

1. Asphalt Institute. AsphaltHot-Mix Recycling, Manual Series No.20, Second Edition, Lexington, Kentucky, 1986. 2. Button, J.w., D.N. Little, and C.K. Estakhri. Hot In-Place Recycling ofAsphalt Concrete, National Cooperative Research Program Synthesis of Highway Practice193, Transportation Research Board, Washington, DC, 1994. 3. "Hot Recycling of Yesterday." Recycling Report, Volume 1, Number 2, National Asphalt Pavement Association, Lanham, Maryland, September, 1977. 4. Transportation Research Board. Recycling Materials from Highways. National Cooperative Highway Research Program Synthesis of Highway Practice No. 54, Washington, DC, 1978. 5. Pavement Recycling Executive Summaryand Report. Federal Highway Administration, Report No. FHWA-SA-95-060, Washington, DC, October, 1995. 6. Little, Dallas N. and Jon A. Epps. "Evaluation of Certain Structural Characteristics of Recycled Pavement Material." Proceedings ofthe Association of Asphalt Paving Technologists, Vol. 49,1980, pp. 219-251. 7. Little, D. N., R. J. Holmgreen, and J. A. Epps. "Effect of Recycling Agents on the Structural Performance of Recycled Asphalt Concrete Materials." Proceedings of the Association of AsphaltPaving Technologists, Vol. 50, 1981, pp. 32-63. 8. Kandahl, Prithri S., Shridhar S. Rao, Donald E. Watson, and Brad Young. Performance ofRecycled Hot-Mix Asphalt Mixtures in Georgia. Transportation Research Board, Record No. 1507, Washington, DC, 1996. 9. Hossain, Mustaque, Dwight G. Metcalf, and Larry A. Scofield. Performance of RecycledAsphalt Concrete Overlays in South Western Arizona. Transportation Research Board, Record No. 1427, Washington, DC, 1993. 10. Eaton, M. "RAP Maintenance No Different Than Virgin, Engineers Say." Roads and Bridges, Vol. 28, No. 10, October, 1990. 11. Kiggundu, B. M. and J. K. Newman. Asphalt-Aggregate Interactions in Hot Recycling. New Mexico Engineering Research Institute, Report No. ESL-TR-87-07, Albuquerque, New Mexico, July, 1987. 12. Howard, P. D. and D. A. Reed, "L.A. Street Maintenance Recycles with 100% RAP," Roads andBridges, Vol. 28, No.5, p. 63, May 1989. 13. Banasiak, David. "States Plane Off Excess in RAP Specs." Roads andBridges, Vol. 34, NO.1 0, October, 1996. 14. ASTM D692-94a. "Standard Specification for Coarse Aggregate for Bituminous Paving Mixtures." American Society for Testing and Materials, AnnualBook of ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 15. ASTM D1073-94. "Standard Specification for Fine Aggregate for Bituminous Paving Mixtures." American Society for Testing and Materials, AnnualBook of ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 16. Epps, J. A., D. N. Little, R. J. O'Neal, and B. M. Gallaway. "Mixture Properties of Recycled Central Plant Materials." Recycling ofBituminous Pavements, AmericanSociety for Testing and Materials, Special Technical Publication No. 662, West Conshohocken, Pennsylvania, December, 1977. 17. ASTM D3515-89. "Standard Specification for Hot-Mixed, Hot-Laid Bituminous Paving Mixtures." American Society for Testing and Materials, AnnualBookof ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania 18. ASTM D1559-89. "Standard Test Method for Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus." American Society for Testing and Materials, AnnualBookofASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 19. ASTM D1560-92. "Standard Test Methods for Resistance to Deformation and Cohesion of Bituminous Mixtures by Means of Hveem Apparatus." American Society for Testing and Materials, AnnualBookofASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 20. ASTM D4552-92. "Standard Practice for Classifying Hot-Mix Recycling Agents." American Society for Testing and Materials, AnnualBookofASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 21. ASTM D4887-93. "Standard Test Method for Preparation of Viscosity Blends for Hot-Recycled Bituminous Materials," American Society for Testing and Materials, AnnualBookofASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania. 22. Mix Design Methods forAsphalt Concrete and OtherHot-Mix Types. Asphalt Institute, Manual Series No.2, Lexington, Kentucky, 1993. 23. Decker, D. S. and T. J. Young, "Handling RAP in an HMA Facility." Proceedings of the Canadian TechnicalAsphaltAssociation, Edmonton, Alberta, 1996. 24. Harvey, Fitz, E. T. Larves, and R. G. Warburton. Hot Recycling. Wyoming Dryer Drum. Federal Highway Administration, Report No. FHWA TS-80-234, Washington, DC, April, 1980. 25. Olson, Roger C. and Ronald H. Cassellius. Hot Recycling of Bituminous Main Line and Shoulders. Minnesota-Modified Dryer Drum. Federal Highway Administration, Report No. FHWA-TS-80-233, Washington, DC, February, 1979. 26. Earl, F. J. and J. J. Emery, "Practical Experience With High Ratio Hot-Mix Recycling," Proceedings of the Canadian Technical Asphalt Association 32nd Annual Conference, Toronto, Ontario, p. 326, November 1987. 27. American Association of State Highway and Transportation Officials, Standard Method of Test, "Sampling Bituminous Paving Mixtures," AASHTO Designation: T168-82, Part II Tests, 16th Edition, 1993. 28. American Society for Testing and Materials, Standard Specification D2726-96,..Bulk Specific Gravity and Density of Non-Absorptive Compacted Bituminous Mixtures," AnnualBook of ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania, 1996. 29. American Society for Testing and Materials, Standard Specification D2950-96, "Density of Bituminous Concrete in Place by Nuclear Methods," AnnualBook of ASTM Standards, Volume 04.03, West Conshohocken, Pennsylvania, 1996. 30. Rathburn, J.R., "One Step Repaving Speeds County Work," Roads andBridges, March 1990. 31. Rogge, David F., Walter P. Hislop, and Dick Dominic. "Hot In-Place Recycling of Asphalt Pavements

- The Oregon Experience." Presented at the 75th Annual Meeting of the Transportation Research Board, Washington, DC, January, 1996. 32. Kazmierowski, Thomas J., Pamela Marks, and Alison Bradbury. "The Evolution of Hot In-Place Recycling in Ontario." Presented at the 74th Annual Meeting of the Transportation Research Board, Washington, DC, January, 1995.

[ Asphalt Concrete (Cold Recycling) ] [ Granular Base] [ Embankment or Fill] [ Material Description]
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- No Update Technical Issues: TFHRC.WebMaster@dot.gov
TRT Terms: Waste products as road materials--Handbooks, manuals, etc, Pavements, Asphalt concrete--Design and construction--Handbooks, manuals, etc, Pavements, Concrete--Design and construction--Handbooks, manuals, etc, Pavements--Additives--Handbooks, manuals, etc, Fills (Earthwork)--Design and construction--Handbooks, manuals, etc, Roads--Base courses--Design and construction--Handbooks, manuals, etc, Wastes, Environmental impacts, Recycling Updated: 04/07/2011



## ...**~~LWJlJ:iQ~** 

## I F**H\fI;~A,** Home 

## I

OFHWA United States Department of Transportation

- Federal Highway AdministrationIntroduction ix



# Introduction


# G ood gravel road maintenance or rehabilitation depends on two basic principles: proper use of a motorgrader (or other grading device) and use of good surface gravel. The use of the grader to properly shape the road is obvious to almost everyone, but the quality and volume of gravel needed is not as well understood. It seems that most gravel maintenance/rehabilitation problems are blamed on the grader operator when the actual problem is often material related. This is particularly true when dealing with the problem of corrugation
or "washboarding." The problem is often perceived as being caused by the grader but is primarily caused by the material itself. This manual will help provide a better understanding of what makes good surface gravel.

Another important matter to consider is the dramatic change in the vehicles and equipment using low volume roads. Trucks and agricultural equipment are increasing in size and horsepower. The trend is toward even larger machinery. The effect of larger and heavier vehicles
on our paved roads is well understood. There is a definite need to build stronger bases and pavements. But the effect on gravel roads isjust as serious and often is not recognized. For this reason, a section on the design of gravel roads is included. The strength of the subgrade and depth of the material needed to carry today's heavy loads must be considered. Proper drainage is also important.

The final section of the manual covers innovations in the gravel road maintenance/ rehabilitation industry. Change is constant in almost every aspect of this modern world and maintaining gravel roads is no exception. There are new ways of stabilizing roads, new methods of dust control, new and different kinds of eqUipment available for maintenance/ rehabilitation of gravel roads, and even new surface materials such as recycled asphalt being used. Not all of these innovations may be available or practical for every local government entity, but everyone is encouraged to take an objective look at each of them. Then an informed decision can be made about changing the way gravel roads are designed and maintained within a particularjurisdiction.

### 40 What is Good Gravel?

Example of a good blend of material for gravel surfacing. (Courtesy of Road Research Ministry of RoadsfTransportation.Sweden) Good Gradation Gravel is a mixture of three sizes or types of material: stone, sand and fines. This will be discussed further in the next section.Without a good blend of these three sizes, the gravel will perform poorly. Unfortunately, poor performing gravel will often be blamed on the maintenance operator. But the operator cannot make good gravel out of bad gravel. Bad or poorly graded gravel
can not be changed to good gravel without additional costs, but it is often well worth it.

One common practice of improving surface gravel is to add new, clean, virgin fine gravel. Good surface gravel needs a percentage of stone which gives strength to support loads

- particularly in wet weather. It also needs a percentage of sand-sized particles to fill the voids between the stones and give stability. But a percentage of good, plastic fines are also needed to bind the material together which allows a gravel road to form a crust and shed water. In many regions of the country, this is a natural clay which gives the gravel a strong cohesive characteristic and keeps a reasonably tight surface especially during periods of dry weather. Some of the fine material in surface gravel will be lost, under traffic action, in the form of dust that rises from the surface and simply blows away. This can be compensated for by specifying a higher percentage of fines in the new gravel. However, no gravel surface will perform like pavement! There will be some loose aggregate or "float" on the surface of virtually all gravel roads. But striving to get as good a material as budgets and local sources allow will improve the performance of a gravel road. Benefit of Crushing In a few cases the gravel may simply be loaded onto trucks without processing. This is often referred to as "bank run"
or "pit run" gravel. There are few natural deposits of material that have
an ideal gradation without being processed. In some areas of the country it is still common to process gravel simply by screening to a maximum top size. A great benefit is gained from processing the material by crushing. This means that a good percentage of the stone will be fractured in the crushing process. The broken stones will embed into the surface of a gravel road much better than rounded, natural-shaped stone. It also means that the material resists movement under loads better and gives better strength
or stability. This will vary throughout the country, but bank run gravels are nearly always improved through the crushing process. Quarry gravels are considered very good material since they are composed of virtually all fractured particles. Recycled Aspha It As more of our asphalt pavements wear out, many of them are recycled. This is usually done by milling or crushing. Sometimes the material is available for
use on a gravel road. It can be a good surface, but there are pitfalls. In this material, the bituminous portion of the old pavement becomes the binder. When placed on a road in hot weather, the recycled asphalt can take on the characteristic of pavement. But it will be
a weak pavement. It will often develop potholes and will be hard to maintain with simple blade maintenance. To help
overcome this problem,the material should be placed at a minimum three inch compacted depth and only on a road that has a strong subgrade. A better option is to mix the recycled asphalt 50/50 with virgin gravel. This will generally provide a material that still has a good binding characteristic, but remains workable for maintenance and reshaping. Recycled asphalt has also been mixed with crushed, recycled concrete and the performance has been gOOd.Section IV: Dust Control and Stabilization/Types of Stabilizers



# Section 

# IV: Dust Control and Stabi I ization 51



### 1\ II gravel roads will give off dust 

### t-\ under traffic.After all, they are unpaved roads that typically serve a low volume of traffic, and dust is usually
an inherent problem. The amount of dust that a gravel road produces varies greatly. In areas of the country that receive a high amount of moisture, the problem is greatly reduced.Arid
or semi-arid regions such as the desert southwest and much of the great plains region in the USA are prone to long periods of dry weather. Similar regions around the globe can have similar weather patterns. Dust can really bring complaints in these areas if there are residences located near the road and traffic is high.

The quality and type of gravel also has some effect on the amount of dust. Some limestone gravels can dust severely while some glacial deposits of gravel with a portion of highly plastic clay can take on a strong binding characteristic that will resist dusting remarkably well. Still, in prolonged dry weather, there will be dust! Whether to provide some type of dust control
or not can be a hard decision to make. Virtually all methods of dust control require annual treatment. The cost can be prohibitive if traffic volume is low. On the other hand, if traffic is high, the cost of dust control
can more than pay for itself with the benefits of reduced material loss and reduced need for blade maintenance. (28) At this point, many agencies will face pressure to pave the road. It may actually be a good economic decision in the long run, especially if there is good indication that traffic will continue to increase in the future. However, never pave a road before it is ready! There is good information on making this decision in Appendix D.



# Types of Stabilizers

Chlorides These are the most commonly used products across the country. They fall into three categories: Calcium Chloride in flake or liquid form, Magnesium Chloride generally in liquid form, and Sodium Chloride (road salt). Sodium is seldom used and is the least effective. Calcium and Magnesium Chloride can be very effective if used properly. They are hygroscopic products which, in simplest terms, means they draw moisture from the air and keep the road surface constantly damp. They
are reasonably simple to use.
Resins These are products available under various commercial names. The basic composition is lignin sulfonate which is a by-product of the pUlp milling industry. The product is sometimes called "tree sap" in the field. These products work best when incorporated into the surface gravel. They then provide cohesion to bind the soil particles together.
Natural Clays Some regions of the country have excellent deposits of natural clay that

### 52

are highly plastic and provide strong cohesion when added in the right quantity to gravel.However, in prolonged dry weather, these roads will seldom be completely dust free. It can be difficult as well to haul the clay onto the road and mix it into the gravel. Because it is highly plastic,it tends to stick to the truck boxes and requires quite an effort to mix with the gravel. Asphalts The use of cut-back liquid asphalts to surface-treat gravel roads was once popular for dust control. However, because of the great amount of fuel oil or kerosene in these products, they have been banned in many places. Some emulsified asphalts may work for this purpose, but their use is very limited. The product must be applied with special asphalt application equipment. Soybean Oil This product is known technically as Acidulated Soybean Oil Soapstock. It is a by-product of the caustic refining process of soybean oil. It is a biodegradable material that has many of the characteristics of a light petroleumbased oil. It will penetrate a gravel surface and provide a light bonding Benefits of Stabilization

of the gravel that effectively reduces dust when it is used properly.
Other Commercial Binders There are too many of these to mention individually. They are marketed under various trade names across the country. It is always wise to try a test section of
no more than 1000 feet in length to see how any of these products work with your gravel. One caution: do not use waste products such as crankcase drain oil from engines. This is harmful to the environment and is in violation of EPA rules.



# Benefits of Stabilization 

# O nce a road is stabilized there are several benefits. On high volume roads, these benefits can make stabilization very cost effective.
Reduced Dusting It may be hard tojustify the use of any of these products for dust control a lone. However, when the products are working well, the added benefit of a stabilized surface that controls the loss of fines through dusting is a great economic benefit.When the fines are lost from a gravel surface, the stone and sand-sized particles that remain will tend to remain loose on the surface, leading to some distresses like washboarding and reduced skid resistance. It will become very hard to maintain. Fresh gravel with a higher percentage of fines needs to be hauled in. This becomes very expensive.
Reduced "Whip Off" of Aggregate
This is another economic bonus to dust control when it is working well. As mentioned earlier, when dust control products are working well, the fine material in the gravel cannot loosen and dust away. This also means that the stone portion of the gravel will tend to remain embedded in the surface and will not be lost to the edge of the road or even whipped off onto the inslope from heavy traffic. Studies have shown that as much as one ton of aggregate per mile is lost each year for each vehicle that passes over a road daily. This means that a road carrying 200 vehicles per day will experience the loss of 200 tons of aggregate per mile each year. (7) Obviously this will vary with the amount of rainfall received, the quality of the gravel and other factors. Retaining aggregate is a good added benefit to dust control.
Reduced Blade Maintenance A road surface that remains tightly bound and stable will require much less blade maintenance. The manufacturers of some dust control products highly recommend that the surface should not be bladed at all after their products are applied.While extra blading, shaping and mixing is needed to prepare a road for dust control, the overall need for blade maintenance should be greatly reduced. This can be a great savings in eqUipment expense and labor. A county highway official once commented:"1 don't react to dust complaints. All gravel roads have dust. But I do react to high maintenance costs. When we have to regravel a road frequently and do blade maintenance frequently, then it's time to look at stabilizing the surface with Magnesium Chloride. Reduced maintenance is what we're after. Dust control isjust a bonus!"Appendix D:When to Pave a Gravel Road



# A pendix 

# 0: When to Pave a >k 

# Gravel' Road D1

by Kent.ucky T,'anspon:at.ion Center', University of Kentucky at Lexin9ton,KY



### Contents

• A Word About the Term "Paved"

• Introduction

• Gravel or Paved: A Matter of Trade-offs
III When Should We Pave This Gravel Road? A Ten Part Answer 1. After Developing a Road Management Program 2. When the Local Agency Is Committed to Excellence 

### 3. When Traffic Demands It 4. After Standards Have Been Adopted 5. After Considering Safety and Design 6. After the Base and Drainage Are Improved 7. After Determining the Costs of Road Preparation 8. After Comparing Pavement Life and Maintenance Costs 9. After Comparing User Costs 10. After Weighing Public Opinion

III Stage Construction

III Summary

III References



### *Gravel as used here may refer to sand and gravel,or to crushed stone.

### TRASH COLLECTION LETTERFROM THE CITYOF EL PASO 

### TheTCEQreceived aletter dated October4, 2010, 

### from the City ofEl Paso Environmental Services Departmentto confirmthe City'spolicy ofnot picking up trashviaalleys from residential customers. This practice reduces fugitive dust emissionsbyreducingthe traffic on unpaved alleys. The Environmental Services Department anticipates no changes to this policyin the future.

### SERVICE SOLUTIONS SUCCESS



### DearMs. Naik;

Sincerely,

Ellen Smyth Director Ifyou have any more questions, please contactMiguel Parraat 915-599-6235. 

# Received OCT 06'2010

RE: SolidWaste collection in alleyways October4, 2010

Ms. Shelley Naik EI Paso SIP ProjectManager Texas Commission onEnviromental Quality 12100 35 Park Circle, BuildingF MC-206 Austin 78711-3087

As per yourrequest, this letter confIrms our currentpolicy ofnotpicking up trash via alley ways fromresidential customers. All residential customers are required to place theirtrashbins along their corresponding paved street.



### ElPaso 

# .'0,_
AU-AmericaCIty 

# U

# IIJ.'

• ENVIRONMENTALSERVICESDEPARTMlliNT
2010 7968 SAN PAULO, ELPASO, TEXAS 79907· 915-621-6700· FAX 915-621-6711

. WWW.ELPASOTEXAS.GOV

### APPENDIX S: REVISED MEMORANDUM OFAGREEMENT WITH THE CITY OF EL PASO

## C\:T Y 

## CU:RI\ DEPT. 

# 7.0\\ HO\l22. Pl'\ \ h3 MEMORANDUM OF AGREEMENT
I. PARTIES This Memorandum ofAgreement (MOA) is entered intobetweenthe Texas Commission on Environmental Quality ("TCEQ") andthe City ofEI Paso, Texas ("the City"), collectivelythe "Parties." 1. 

### The Parties representthattheyhave the authorityto enterinto this MOA, including the authority grantedin the Texas Government CodeChapter791 Interlocal Cooperation Contracts. 2. The TCEQ has authorityunder § 

### 5.229 ofthe Texas "Vater Code and § 

### 382.033 ofthe Texas Health and Safety Codeto enterintothis MOA. 3. The Local Governments have authorityunder § 

### 382.115 ofthe Texas Health and Safety Code to enterinto this MOA. 

### II. INTENTAND PURPOSE The purpose ofthis MOAis to setforth in plainlanguage the understanding ofthe Parties regarding their respective responsibilities underthe Texas State Implementation Plan (SIP) as itpertains to the City ofEI Paso (EI Paso area). The intentofthe Parties by and throughthis MOAis to memorialize the agreement betweenthe Parties to provide the Citywith alternative methods ofparticulate matter (PM) control consistentwith attainment and maintenance ofthe NationalAmbientAir Quality Standard (NAAQS) for PM with an aerodynamic diameterless than or equal to a nominal 10 

### micrometers (PMlO). 

### III. DEFINITIONS As 

### usedin this MOAthe following terms havethe meanings givenbelow: 1. 

### "EPA" shall meanthe United States Environmental ProtectionAgency. 2. 

### "TCEQ" shall mean the Texas Commission on Environmental Quality, and all predecessor agencies. 3. "the City" shall mean the City ofEl Paso, Texas local government. 4. "EI Paso area" shall mean the City ofEI Paso PMlO 

### nonattainment area. 5. "SIP" shall referto the State Implementation Plan. 

### IV. BACKGROUND 1. 

### Under § 110 

### ofthe Federal CleanAirAct (FCAA), 42 United States Code (USC) § 

### 7410, each statethathas a nonattainmentareamust submit a SIP to the EPA demonstrating strategies to come into compliance withthe NAAQS. 2. Section 110 ofthe FCAA, 42 USC § 

### 7410 also requires Texas to submitto the EPAfor approval any SIP revisions, and to demonstratethat such SIP revisions 

## will not

### MemorandumofAgreementBetweenthe CityofEl Paso andtheTCEQ Page 2 

### interfere with any applicable requirement concerning attainment and reasonable furtherprogress orany otherrequirement ofthe FCAA, as requiredby §no(l) 

### ofthe FCAA. 3. Underthe 1990 FCAAAmendments, the El Paso areawas designated nonattainment under FCAA § 

### 107(d)(4)(B) forthe PMlO 

### NAAQS and subsequentlyclassified as a moderate PMlO 

### nonattainment area. 4. In November 1991, the Texas Air Control Board (TACB), apredecessor agency ofthe TCEQ, submitted an attainment demonstration SIP revision. The SIP revision included PM control measures in 30 Texas Administrative Code (TAC) Chapter 111, Control ofAir Pollution ftom VisibleEmissions and Particulate Matter, Subchapter A, Division4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots. 5. The control measures adoptedin 30 TAC § 

### 111.147 requiredpaving as a method of dust control in the 

## El Paso area for specifiedroads and added a requirementthat alleys be paved atthe rate of15 miles peryear. Section 111.147 also setfrequencies for street sweeping for public thoroughfares in the EI Paso area. 6. In 1991, a Memorandum ofUnderstanding (MOU) between the City andthe TACB was approvedto outlinethe responsibilities and regulatoryrequirements forboth Parties. 7. The 1991 MOD was replacedwith a MOAwiththe Cityin 2001. 8. This MOAreplaces the 2001 MOAwiththe City. This MOAis beingrevisedto reflect changes to the control measures in 30 TAC §1l1.147. V. UNDERSTANDING 1. 

### The City agrees to maintain annual program funds inthe City's capital improvement budget andinthe CityDepartment(s) operationbudget(s) to complywith environmental regulations;
2. 

### The Parties agree thatthe continued enforcementofno-burning periods may contributeto improvementin air quality in the 

## El Paso area. The City will continue to enforcethe regulations regardingburning contained in Chapter9.38 ofthe El Paso City Code, andwill continue to notifYthelocal office ofTCEQ ofviolations of Chapter 9.38 and 30 TAC § 

### 111.111. 3. The TCEQ agrees to submitthis agreementto the EPA as an appendix to the El Paso PMlO 

### SIP revision. VI. TERM, RENEWAL, TERMINATION, Ac1'liD 

### MODIFICATION This MOAwillbecome effectiveupon signatureby all Parties and shall remain in effect for tenyears oruntil superseded. Followingthis ten yearperiod, the MOA shall automaticallybe renewedfor successive one-yearrenewal terms, without the necessity offormal action onthe part ofeither Party, unless one ofthe Parties provides written

### Memorandum ofAgreement Betweenthe City ofE1 Paso and the TCEQ Page 3 

### notice ofnon-renewal 

## 90 days priorto the end ofthe renewal term, whereuponthe MOA shall terminate atthe end ofthe renewal term, as applicable. Representatives of the Parties will haveby no laterthan the last day ofMarch each year during the renewal term to considerwhether anyrevisions or modifications to the MOA maybe necessary or desirable. Any revision, modification, or amendment ofthe terms oftheMOAmust be made inwriting by agreement ofthe Parties. 

### VII. MISCELLANEOUS This MOArepresents the entire agreementbetween the TCEQandthe City and supersedes all other agreements, understandings or commitments, written ororal, relativeto theintent ofthis MOA. This MOAmay notbe amended ormodified except pursuantto a mutual written agreementexecutedby each ofthe Parties. This MOA shallbe governedby andinterpretedin accordance with the laws ofthe State ofTexas

... In Witness Thereof, Texas Commission on Environmental Quality andthe City ofEl Paso, bytheir authorized officers, have made and executedthis MOAin multiple copies, each ofwhich is deemed an original.

. 

## tIL 

# 01 / AGREED to

## bythe undersigned Parties, this 

# ct9 day of

# /fWvLi:3:v , 2011.



### By:-+

__**L.L..:.::.....L.I'-"'f1~I-C-.:....L:.<~** _ 

### RichardaMomsen El Paso Qity QIerk Date: 

## til)..'1

# J!lb/I

APPROVED AS TO FORM:

# Lq~ By: 

# ""Z ElizabethM. 

### R hmann Assistant CityAttorney Date: }(.

### z,:~" 

### I I

By:-H-----'''''''--=-+--I--'t.:.o::r---I---'''<----- 

### Mar R. Vickery,

. . Executive Director 'I 

### Date: 

# I'" '3 

# (-d-& ItA CITY OFEL PASO, TEXAS

# BY:~ If.

# ~..a:::.... 

# · Joy Wilson CityManager / Date: 

## 11(:<// /

## :L<JII

APPROVED AS TO CONTENT:

# By~a Da'

. Cole Director, DepartmentofTransportation Date:**11~** 

### 21 

### -II

## TEXAS THE STATE OF TEXAS COUNTY OF TRAVIS

.... I. hereby certify that this is atrue and correct copy 

### ofa Texas Commission on Environmental Quality document, 

### COMMISSION ON**ENVI~){u~(lfI'\l** records ofthe Commission.**7~~"** 

### Given**~r** 

### my harid and the seal ofoffice on 

# /

....**::':'."'::~~'/**

# ....."'.:.)..... 6#fff/.&Iov. FEB 

# 01

# 2012

.- lx' 

### !.:;.?;/! Bridget C. 

### ohac. ChiefClerk

, ./ Texas Commission on**E~ntal** 

### Quality**~~** . 

## ORDERADOPTINGAMENDED RULES, REVISED MEMORANDUM OF AGREEMENT, AND REVISIONS TO THE STATE IMPLEMENTATION PLAN

Docket Nos. 2010-1862-RUL, 2011-o899-MIS, 2011-0707-SIP 

## OnJanuary 25,2012, the Texas Commission on Environmental Quality (Commission), during a public meeting, considered adoption ofamended § 111.147. The Commission adopts this amended rule in 30 TAC Chapter 111, concerning Control ofAir Pollution from Visible Emissions and Particulate Matter, SubchapterA, Division 4, Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots; arevised Memorandum ofAgreement (MOA) betweenthe City ofEI Paso andthe Commission; and corresponding revisions to the state implementation plan (SIP). The adoptedrule amendments update the PMlO 

## controls requiredto attain and maintain the PMlO 

## NAAQS and provide the City greater flexibility in the implementation ofthe PMlO 

## control requirements in §111.147. The MOAhas beenrevised to reflectthe changes to §111.147.UnderTex. Health & 

## Safety CodeAnn. §§ 382.011, 382.012, and 382.023 (Vernon 2001), the Commissionhas the authorityto control the quality ofthe state's air andto issue orders consistentwith the policies and purposes ofthe Texas Clean Air Act, Chapter 382 ofthe Tex. Health &

## Safety Code. The proposed rules were publishedfor commentin the September 2,2011, issue ofthe Texas Register (36 TexReg 5640). 

## Pursuantto Tex. Health 

## &Safety CodeAnn. § 382.017 (Vernon 2001), Tex. Gov't Code Chapter 2001 (Vernon 2008), and40 Code ofFederal Regulations § 51.102, and afterproper notice, the Commission conducted a publichearing to considerthe amended rules, revised MOA andrevisions to the SIP. Proper notice includedprominentadvertisementin the areas affected atleast 30 days priorto the date ofthe hearing. Apublichearing was held on September 27,2011, at 2:00 p.m. atthe El Paso State Office Building in EI Paso. The hearing was not officially opened, because no party indicated a desire to give comment. The Commission circulatedhearing notices ofits intended action to the public, including interestedpersons, the Regional Administrator ofthe EPA, and all applicable local airpollution control agencies. The public was invitedto submit data, views, and recommendations onthe proposed amendedrules, revised MOA, and SIP revisions, either orally or in writing, atthe hearing or during the commentperiod. Priorto the scheduled hearing, copies ofthe proposed amendedrules, revised MOA, and SIP revisions were available for public inspection atthe Commission's central office and onthe Commission's Web site. Data, views, and recommendations ofinterestedpersons regarding the proposed amendedrules, revised MOA, and SIP revisions were submittedto the Commission during the commentperiod, andwere consideredbythe Commission as reflected in the analysis of testimonyincorporatedby reference to this Order. The Commission finds thatthe analysis of testimony includes the names ofall interested groups or associations offering comment on2AX::JT,0 3lf\T8 3HY 21VA'iT =10 £ 10 Di711 ;JO Uf'\ij 'hii} (h 2'111 liJ>1nsrfUiCwfj1::1**nci<!~irrwOOIO** esXfl

### T

### ·f!f{"€?t1i~tQbd~ea;~wen(l~.**grml~stt.@ffMtPM!~A,** 

## and SIP revisions andtheirposition concerning h**0D~;'Tfn** F) ,ift,,!**,~b·** ,1} t'.lfmi! lm ltttlrnJ rteift.8 

## t esame. {

. IT IS**THE~~** 

## . M 

## THE COMMISSION thatthe amendedrules,

## revise(f;~8~1\TcrPgcVr1fflrf~5kn:rt?'31'.Prl1corporated byreference to this Order are hereby

adopted. The Commissionfurther authorizes staffto make any non-substantive revisions to the rules necessaryto complywith 

## Texas Registerrequirements. The adoptedrules andthe preambleto the adoptedrules, revised MOA, andthe revisions to the SIP are incorporatedby reference in this Order as ifsetforth atlengthverbatim inthis Order. IT IS FURTHERORDERED BYTHE COMMISSION that onbehalfofthe Commission, the Chairman shouldtransmit a copy ofthis Order, together withthe adopted rules, revised MOA, andrevisions to the SIP, to the Regional AdministratorofEPA as a proposed revisionto the Texas SIP pursuantto the Federal CleanAirAct, codified at42 U.S. CodeAnn. §§ 

## 7401

- 7671q, as amended. This Orderconstitutes the Orderofthe Commissionrequiredbythe Administrative ProcedureAct, Tex. Gov't Code, § 

## 2001.033 (Vernon 2008). If

## anyportion ofthis Orderis for anyreason heldto be invalidbya court of competentjurisdiction, the invalidityofanyportion shall not affectthe validity ofthe remaining portions.

Date issued: 

# .JAN 302017

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY