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 Control Division (7405M) 

Office of Pollution Prevention and Toxics

Environmental Protection Agency 

1200 Pennsylvania Ave., NW.

Washington, DC 20460–0001

ATTN: Request to Amend SNUR

RE: Significant New Use Rule for Cobalt Lithium Manganese Nickel Oxide, CAS No. 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)

manufacturers1, is providing toxicology and ecotoxicology studies2 in response to EPA’s Significant New 

Use Rule (SNUR) for LNCMO, 76 Fed. Reg. 47996 (Aug. 8, 2011). ACC requests that EPA review the

attached study data and, based on the study results, 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-weighted 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and Umicore. 2 Battery Material - Short-term (5-day) inhalation toxicity study in male Wistar rats dust exposure, BASF Unpublished Report 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Unpublished Report Project No.: 51I0328/11I142.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KORSHIKOV, BASF Unpublished Report Project No.: 60E0328/11E050.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Daphnia magna STRAUS, BASF Unpublished Report Project No.: 50E0328/11E051.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 intended by the sponsor and as authorized under 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

Three aquatic ecotoxicity studies described in the attachments all showed no aquatic toxicity 

effect at the limit of solubility. Based on the study results and pursuant 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 activity will not present an unreasonable risk of injury to 

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: mammalian 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) 249-6717 if we can be of further assistance.

Sincerely,

Seth Barna 

Director, Chemical Products and Technology

American Chemistry Council

Attachments on Compact Disk:

LNCMO SNUR Study Summaries

Confidential Business Information: LNCMO SNUR Studies