Any new aerospace equipment and parts manufacturing plant, or physical and operational change to an existing aerospace equipment and parts manufacturing plant are permitted by rule, provided that the following conditions of this section are satisfied.
  (1) For purposes of this section, aerospace equipment and parts manufacturing plant means the entire operation on the property which engages in the fabrication or assembly of parts, tools, or completed components of any aircraft, helicopter, dirigible, balloon, missile, drone, rocket, or space vehicle. This permit by rule will not include composite aerospace equipment and parts manufacturing plants. Composite plants are defined to be plants whose products are less than 50% metal, by weight, based on annual production figures. This definition excludes those operations specifically authorized by other permits by rule. For example, a boiler would not be considered a part of the aerospace manufacturing plant, but could be authorized under §106.181 of this title (relating to Small Boilers, Heaters, and Other Combustion Devices), if all pertinent requirements were met.
  (2) Emission points associated with the aerospace equipment and parts manufacturing plant or changes to that plant shall be located at least 100 feet from any off-plant receptor. Off-plant receptor means any recreational area or residence or other structure not occupied or used solely by the owner or operator of the aerospace equipment and parts manufacturing plant or the owner of the property upon which the aerospace plant is located. Controlled access recreational areas owned by the property owner or the owner or operator of the aerospace plant are not off-plant receptors.
  (3) The total annual emissions, in tons per year, of the following air contaminants authorized under this section, on a cumulative basis, from the entire aerospace manufacturing plant shall not exceed the values specified:
    (A) inhalable particulate matter--five tons per year (tpy);
    (B) volatile organic compounds (VOC)--15 tpy;
    (C) acid gases or vapors--five tpy;
    (D) non-VOC carbon compound emissions--ten tpy;
    (E) total of air contaminants in subparagraphs (A) - (D) of this paragraph--25 tpy.
  (4) Hourly emissions of total new or increased emissions, including fugitives, of particulate matter or chemicals listed or referenced in Table 262 of §106.262 of this title (relating to Facilities (Emission Distance Limitations)), shall not exceed the hourly emission rate, E, as determined using the equation, E = L/K lb/hr and Table 224A, where:
Attached Graphic
  (5) Before construction or change in operation begins, registration shall be submitted to the commission's Office of Permitting, Remediation, and Registration in Austin using a completed Form PI-7. The emission data provided in the PI-7 shall include all process emission sources at the plant, both existing and proposed, and shall be the maximum allowed emissions for permitted units, the actual emissions for existing grandfathered units or units permitted by rule, and the projected maximum allowable emissions for proposed units. Emissions shall be speciated by chemical compound and the stack parameters, as appropriate, for each emission source shall be provided. Registration shall include a description of the project, calculations, and data identifying specific chemical names, "L" values, "D" values, and a description of pollution control equipment, if any.
  (6) An emissions inventory shall be compiled and/or updated on an annual basis for all process emission sources on the property, maintained on a two-year rolling retention cycle, and made available upon request by the executive director. The inventory records should include the basis for all emissions estimates, sample calculations, and material usage records. Material and solvent usage records shall be maintained in sufficient detail to document compliance with this section.
  (7) There shall be no visible emissions from each existing and proposed stack, hood, vent, or opening to the atmosphere.
  (8) Any facility in which any chemical listed in subparagraph (D) of this paragraph will be handled or stored as a liquid or a compressed gas in a compound mixture of a concentration greater than 10% by weight or an aqueous solution of any chemical listed in subparagraph (D) of this paragraph greater than 50% by weight shall comply with subparagraphs (A) - (C) of this paragraph.
    (A) The facility shall be located at least 300 feet from the nearest property line and 600 feet from any off-plant receptor.
    (B) The cumulative amount of any one of the chemicals listed in subparagraph (D) of this paragraph, resulting from one or more authorizations under this section, shall not exceed 500 pounds on the plant property.
    (C) Any chemical listed in subparagraph (D) of this paragraph shall be handled only in containers operated in compliance with United States Department of Transportation regulations (49 Code of Federal Regulations, Parts 171-178).
    (D) Listed chemicals are: acrolein, ammonia, bromine, carbon disulfide, chlorine, ethyl mercaptan, hydrogen chloride, hydrogen bromide, hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, phosphine, sulfur dioxide, methyl bromide, methyl isocyanate, methyl mercaptan, nickel carbonyl, phosgene.

Source Note: The provisions of this §106.224 adopted to be effective March 14, 1997, 22 TexReg 2439; amended to be effective July 8, 1998, 23 TexReg 6968; amended to be effective September 4, 2000, 25 TexReg 8653