---
kind: "section"
citation: "40 C.F.R. § 721.80"
title: "40"
number: "721.80"
heading: "Industrial, commercial, and consumer activities."
url: "https://uscodex.org/cfr/40/721.80"
---

# §721.80. Industrial, commercial, and consumer activities.


Whenever a substance is identified in subpart E of this part as being subject to this section, a significant new use of the substance is:

- (a) **Use in non-enclosed processes.**
- (b) **Any manner or method of manufacture in non-enclosed processes associated with any use.**
- (c) **Any manner or method of processing in non-enclosed processes associated with any use.**
- (d) **Use beyond the site of manufacture.**
- (e) **Processing beyond the site of manufacture.**
- (f) **Any manner or method of manufacture (excluding import) of the substance associated with any use.**
- (g) **Use other than as an intermediate.**
- (h) **Use other than as a site-limited intermediate.**
- (i) Use as an intermediate where the concentration of the intermediate substance in the product intended for distribution in commerce exceeds the concentration specified in subpart E of this part for the substance.
- (j) Use other than as described in the premanufacture notice referenced in subpart E of this part for the substance.
- (k) Use other than allowed by the [section 5(e)](/cfr/40/5.md?p=e) consent order referenced in [subpart E](/cfr/40/subpartE.md) of this part for the substance.
- (l) **Non-industrial use.**
- (m) **Commercial use.**
- (n) **Non-commercial use.**
- (o) **Use in a consumer product.**
- (p) Aggregate manufacturing volume for any use greater than that specified in subpart E of this part for the substance.
- (q) Aggregate manufacturing volume for any use greater than that allowed by the [section 5(e)](/cfr/40/5.md?p=e) consent order referenced in [subpart E](/cfr/40/subpartE.md) of this part for the substance.
- (r) Aggregate manufacturing volume for any use greater than that specified in subpart E of this part for the substance unless the manufacturer has submitted the results of the health or environmental effects studies identified in subpart E of this part for the substance and those studies comply with the procedures and criteria for developing and evaluating data identified in subpart E of this part for the substance.
- (s) Annual manufacturing volume for any use greater than that specified in subpart E of this part for the substance.
- (t) Annual manufacturing volume for any use greater than that allowed by the [section 5(e)](/cfr/40/5.md?p=e) consent order referenced in [subpart E](/cfr/40/subpartE.md) of this part for the substance.
- (u) Annual manufacturing volume for any use greater than that specified in subpart E of this part for the substance unless the manufacturer has submitted the results of the health or environmental effects studies identified in subpart E of this part for the substance and those studies comply with the procedures and criteria for developing and evaluating data identified in subpart E of this part for the substance.
- (v) **Use in the form of—**
  - (1) **A powder.**
  - (2) **A solid.**
  - (3) **A liquid.**
  - (4) **A gas.**
- (w) **Any manner or method of manufacture of the substance in the following form associated with any use—**
  - (1) **A powder.**
  - (2) **A solid.**
  - (3) **A liquid.**
  - (4) **A gas.**
- (x) **Any manner or method of processing of the substance in the following form associated with any use—**
  - (1) **A powder.**
  - (2) **A solid.**
  - (3) **A liquid.**
  - (4) **A gas.**
- (y) **Use involving an application method that generates—**
  - (1) **A vapor, mist, or aerosol.**
  - (2) **A dust.**

## Notes

### Amendments

[54 FR 31308, July 27, 1989, as amended at 87 FR 39769, July 5, 2022]

### Source

Source: 54 FR 31308, July 27, 1989, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 2604, 2607, and 2625(c).

### Source

Source: 49 FR 35018, Sept. 5, 1984, unless otherwise noted.

### Amendments

[54 FR 31308, July 27, 1989, as amended at 87 FR 39769, July 5, 2022]