---
kind: "section"
citation: "40 C.F.R. § 63.8782"
title: "40"
number: "63.8782"
heading: "Am I subject to this subpart?"
url: "https://uscodex.org/cfr/40/63.8782"
---

# §63.8782. Am I subject to this subpart?

- (a) You are subject to this subpart if you own or operate a flexible polyurethane foam fabrication plant site that operates a flame lamination affected source, as defined at [§ 63.8784(b)(2)](/cfr/40/63.8784.md?p=b-2), and that is located at, or is part of a major emission source of hazardous air pollutants (HAP) or that operates a loop slitter affected source, as defined at [§ 63.8784(b)(1)](/cfr/40/63.8784.md?p=b-1), that meets the criteria in paragraphs [(a)(1)](#a-1) and [(2)](#a-2) of this section.
  - (1) The loop slitter affected source uses one or more HAP-based adhesives at any time on or after April 14, 2003.
  - (2) **The loop slitter affected source is located at or is part of a major source of HAP.**
- (b) A flexible polyurethane foam fabrication plant site is a plant site where pieces of flexible polyurethane foam are bonded together or to other substrates using HAP-based adhesives or flame lamination.
- (c) A major source of HAP is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year.
- (d) **This subpart does not apply to the following processes in paragraphs (d)(1) and (2) of this section—**
  - (1) **Processes that produce flexible polyurethane or rebond foam as defined in subpart III of this part.**
  - (2) **A research and development facility, as defined in section 112(c)(7) of the Clean Air Act (CAA).**

## Notes

### Source

Source: 68 FR 18070, Apr. 14, 2003, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.