Any new aerospace equipment and parts manufacturing plant, or physical and operational change to an existing aerospace equipment and parts manufacturing plant are exempt, provided that the following conditions of this section are satisfied.

1. (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 exemption 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 exemptions. 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 Boilers, Heaters, and Other Combustion Devices), if all pertinent requirements were met.
2. (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. (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:

   1. (A) inhalable particulate matter--five tons per year (tpy);
   2. (B) volatile organic compounds (VOC)--15 tpy;
   3. (C) acid gases or vapors--five tpy;
   4. (D) non-VOC carbon compound emission--ten tpy;
   5. (E) total of air contaminants in subparagraphs (A)-(D) of this paragraph--25 tpy.
4. (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) (Previously SE 118)), shall not exceed the hourly emission rate, E, as determined using the equation, E = L/K lb/hr and Table 224A, where:

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.