[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR721.80]

[Page 164-165]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES--Table of Contents
 
                 Subpart B--Certain Significant New Uses
 
Sec. 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 or import.
    (e) Processing beyond the site of manufacture or import.
    (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) consent order 
referenced in subpart E 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 manufacture and importation volume for any use greater 
than that specified in subpart E of this part for the substance.
    (q) Aggregate manufacture and importation volume for any use greater 
than that allowed by the section 5(e) consent order referenced in 
subpart E of this part for the substance.
    (r) Aggregate manufacture and importation volume for any use greater 
than that specified in subpart E of this part for the substance unless 
the manufacturer or importer 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 manufacture and importation volume for any use greater 
than that specified in subpart E of this part for the substance.
    (t) Annual manufacture and importation volume for any use greater 
than that allowed by the section 5(e) consent order referenced in 
subpart E of this part for the substance.
    (u) Annual manufacture and importation volume for any use greater 
than that specified in subpart E of this part for the substance unless 
the manufacturer or importer 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.

[[Page 165]]

    (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.