Comment submitted by Gregory S. Hill, General Counsel on behalf of the US Phosphor, LLC

May 24, 2012 To: Docket ID Number EPA-HQ-OPPT-2012-0182 Re: Notice of Adverse or Critical Comment on Direct Final Significant New Use Rule 40 C.F.R. § 721.10423 Entitled “Complex strontium aluminum, rare earth doped (generic) (P-12-22, P-12-23, P-12-24, P-12-25, and P-12-26.” This comment gives notice that US Phosphor LLC, intends to submit an adverse or critical comment on the Significant New Use Direct Final Rule promulgated at 77 Fed. Reg. 24613, 24627 (April 25, 2012), to be codified at 40 C.F.R. § 721.10423. The Environmental Protection Agency (EPA) identifies the chemical to which the Significant New Use Rule applies as “Complex strontium aluminum, rare earth doped (generic) (P-12-22, P-12-23, P-12-24, P-12-25, and P-12-26.” The new use to which the Direct Final Rule applies is described by EPA in Section 721.10423(a)(2) as “Industrial, commercial, and consumer activities. Requirements as specified in § 721.80(j) (manufacture, processing, or use where no more than 5% of the particles are less than 10 microns).” US Phosphor’s comments will include, but may not be limited to, the following: • The evidence does not support a finding that the PMN substances meet the concern criteria at 40 C.F.R. § 721.170(b)(3)(ii). • The new use defined in the Direct Final Rule is not a new use for the chemical. • The chemical is incorrectly named in the Direct Final Rule. • The definition of the significant new use in the Direct Final Rule is incorrect. • The definition of the significant new use in the Direct Final Rule is ambiguous. US Phosphor requests withdrawal of 40 C.F.R. § 721.10423. Very truly yours: US Phosphor, LLC By: Gregory S. Hill General CounselDay & Zimmermann Law Department 1500 Spring Garden St. – 10th Floor Philadelphia, PA 19130 215.435.6555 (cell) 215.299.1556 (office landline) Greg.Hill@dayzim.com