SANITIZED

EPA

- HQ

- OPPT

- 2009

- 0922

October 23 , 2013 Wendy Cleland

- Hamnett, Director Document Control Office (DCO) (7407M) Office of Pollution Prevention and Toxics Environmental Protection Agency 1200 Pennsylvania Ave., NW. Washington, DC 20460

– 0001

Kenneth Moss Chemical Contro l Division (7405M) Office of Pollution Prevention and Toxics Environmental Protection Agency 1200 Pennsylvania Ave., NW. Washington, DC 20460

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ATTN: Request to Amend SNUR

RE: Significant New Use Rule for Cobalt Lithium Manganese Nickel Oxide, CA S N o. 182442

- 95

- 1 , 76 Fed. Reg. 47996 (Aug. 8, 2011)

Dear Ms. Cleland

- Hamnett and Mr. Moss:

ACC , on behalf of a consortium of cobalt lithium manganese nickel oxide 

### ( LNCMO )

manufacturers 1 , is providing toxicology and ecotoxicology studies 2 in response t o EPA ’s Significant New

Use Rule (SNUR) for LNCMO , 76 Fed. Reg. 47996 (Aug. 8, 2011)

. ACC request s that EPA review the

attached study data and

, based o n the study result s , update the EPA risk assessment

, modify the consent

order with BASF (which BASF will request as well) and modify the SNUR accordingly. The SNUR
designated as a “significant new use” the absence of the following protective measures: (1) use of dermal
personal protective equipment, including gloves demonstrated to be impervious; (2) use of respiratory
personal protective equipment, including a National Institute of Occupational Safety and Health

(NIOSH)

- approved respirator with an assigned protection factor (APF) of at least 150, or compliance with
a NCEL of 0.1 mg/m 3 as an 8

- hour time

- wei ghted average; (3) establishment of a hazard communication
program; and (4) prohibition of releases to water.

1 The consortium members are BASF, TODA America, and Umicore

. 2 Battery Material

- Short

- term (5

- day) inhalation toxicity study in male Wistar rats dust exposure, BASF Unpu blished Report Project No.: 34I0328/11I054. Cobalt Lithium Manganese Nickel oxide

- Subchronic 90

- day inhalation toxicity study in Wistar rats dust exposure, BASF Unpublished Report Project No.: 51I0328/11I142. Cobalt Lithium Manganese Nickel oxide, Growth inhibition study in unicellular green algae Pseudokirchneriella subcapitata KORSHIKOV, BASF Unpublished Report Project No.: 60E0328/11E050. Cobalt Lithium Manganese Nickel oxide, Acute toxicity (immobilisation) study in the water flea Daphnia magna STRAU S , BASF Unpublished Report Project No.: 50E0328/11E051. Cobalt Lithium Manganese Nickel oxide, Acute Toxicity Study in the Fathead Minnow ( Pimephales promelas ), BASF Unpublished Report Project No.: 19F0328/11E144.This document is directed to USEPA pursuant the Toxic Substances Control Act (TSCA). This document is the property of the sponsor and may be used only for that purpose intendedby the sponsor and as authorizedunder applicable law. Every other or additional use, exploitation, reproduction, publication or submission to other parties requires the written permission of the sponsor, except as otherwise required by applicable law(e.g., TSCA ). The use of these studies/documents for regulatory, registration or other commercial purposes [including but not limited to Registration, Evaluation, Authorization and Restriction of Chemical Substances(REACH))] by (i) private parties, or by (ii) authorities outside the US Government, without the express written permission of the sponsor is unauthorized and strictly prohibited.Request to Amend SNUR October 23 , 2013 Page 2

T hree aquatic ecotoxicity studies described in the attachments all showed no aquatic toxicity

effect at the limit of solubility. Based on the s tudy results and p ursuant to 40 C.F.R. § 721.185, ACC
requests that EPA modify the SNUR to reconsider the prohibition on release to water and modify the

SNUR to remove this prohibition because this activit y will not present an unreasonable risk of injury t o

human health or the environment

.
In addition to the information provided to address the SNUR, Umicore, a consortium member,
has previously submitted additional studies conducted for a European new chemical notification. The

information included: mamm alian and cellular toxicity studies addressing acute endpoints including oral
and dermal routes; potential for acute skin and eye irritation; a Local lymph node assay ( LLNA ) study to
predict dermal sensitization; mutagenic and clastogenic potential; and a 28

- day subchronic study by oral

route

. The consortium encourages EPA to reconsider the dermal exposure labeling requirements based on
these study results.

Thank you for your attention on this matter. Please contact David Fischer at ACC
david_fischer@americanchemistry.com (202) 249

- 67 17 if we can be of further assistance.

Sincerely,

Seth Barna Director, Chemical Products and Technology American Chemistry Council

Attachment s on Compact Di s k : LNCMO SNUR Study Summaries Confidential Business Information: LNCMO SNUR Studies