[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1486 Reported in Senate (RS)]
Calendar No. 481
108th CONGRESS
2d Session
S. 1486
[Report No. 108-256]
To amend the Toxic Substances Control Act and the Federal Insecticide,
Fungicide, and Rodenticide Act to implement the Stockholm Convention on
Persistent Organic Pollutants, the Protocol on Persistent Organic
Pollutants to the Convention on Long-Range Transboundary Air Pollution,
and the Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29 (legislative day, July 21), 2003
Mr. Chafee (for himself and Mr. Jeffords) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
April 29, 2004
Reported by Mr. Inhofe, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act and the Federal Insecticide,
Fungicide, and Rodenticide Act to implement the Stockholm Convention on
Persistent Organic Pollutants, the Protocol on Persistent Organic
Pollutants to the Convention on Long-Range Transboundary Air Pollution,
and the Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``POPs,
LRTAP POPs, and PIC Implementation Act of 2003''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
<DELETED>Sec. 101. Implementation of international agreements.
<DELETED>``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
<DELETED>``Sec. 501. Definitions.
<DELETED>``Sec. 502. Implementation of POPs Convention and
LRTAP POPs Protocol.
<DELETED>``Sec. 503. Notice and record of prohibitions,
exemptions, disallowances, and other
information.
<DELETED>``Sec. 504. International conventions and cooperation
in international efforts.
<DELETED>``Sec. 505. Exports.
<DELETED>``Sec. 506. Judicial review.''.
<DELETED>Sec. 102. Exports.
<DELETED>Sec. 103. Prohibited acts.
<DELETED>Sec. 104. Conforming amendments.
<DELETED>TITLE II--USE OR PRODUCTION OF POPS PESTICIDES
<DELETED>Sec. 201. Definitions.
<DELETED>Sec. 202. Registration of pesticides.
<DELETED>Sec. 203. Unlawful acts.
<DELETED>Sec. 204. Imports, exports, and international conventions.
<DELETED>Sec. 205. Conforming amendments.
<DELETED>TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS</DELETED>
<DELETED>SEC. 101. IMPLEMENTATION OF INTERNATIONAL
AGREEMENTS.</DELETED>
<DELETED> The Toxic Substances Control Act (15 U.S.C. 2601 et seq.)
is amended by adding at the end the following:</DELETED>
<DELETED>``TITLE V--IMPLEMENTATION OF INTERNATIONAL
AGREEMENTS</DELETED>
<DELETED>``SEC. 501. DEFINITIONS.</DELETED>
<DELETED> ``In this title:</DELETED>
<DELETED> ``(1) Conference.--The term `Conference' means the
Conference of the Parties established by paragraph 1 of Article
19 of the POPs Convention.</DELETED>
<DELETED> ``(2) Conference listing decision.--The term
`Conference listing decision' means a decision by the
Conference to approve an amendment to list a chemical substance
or mixture in Annex A or B to the POPs Convention.</DELETED>
<DELETED> ``(3) Designated national authority.--The term
`designated national authority' means the 1 or more authorities
that a government has designated in a notification to the
Secretariat of the PIC Convention in accordance with Article 4
of the PIC Convention.</DELETED>
<DELETED> ``(4) Executive body.--The term `Executive Body'
means the Executive Body established by Article 10 of the LRTAP
Convention.</DELETED>
<DELETED> ``(5) HCH.--The term `HCH' means
hexachlorocyclohexane.</DELETED>
<DELETED> ``(6) LRTAP convention.--The term `LRTAP
Convention' means the Convention on Long-Range Transboundary
Air Pollution, done at Geneva on November 13, 1979 (TIAS
10541), if the United States is a party.</DELETED>
<DELETED> ``(7) LRTAP pops chemical substance or mixture.--
The term `LRTAP POPs chemical substance or mixture' means--
</DELETED>
<DELETED> ``(A) chlordecone;</DELETED>
<DELETED> ``(B) hexabromobiphenyl;</DELETED>
<DELETED> ``(C) HCH; and</DELETED>
<DELETED> ``(D) any other chemical substance or
mixture that is listed in Annex I or II to the LRTAP
POPs Protocol.</DELETED>
<DELETED> ``(8) LRTAP pops listing decision.--The term
`LRTAP POPs listing decision' means a decision by the parties
to the LRTAP POPs Protocol to approve an amendment to list a
chemical substance or mixture in Annex I or II to the LRTAP
POPs Protocol.</DELETED>
<DELETED> ``(9) LRTAP pops protocol.--The term `LRTAP POPs
Protocol' means the Protocol on Persistent Organic Pollutants
to the LRTAP Convention, done at Aarhus on June 24, 1998, if
the United States is a party.</DELETED>
<DELETED> ``(10) PCB.--The term `PCB' means a
polychlorinated biphenyl.</DELETED>
<DELETED> ``(11) PIC convention.--The term `PIC Convention'
means the Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade, done at Rotterdam on September 10, 1998,
if the United States is a party.</DELETED>
<DELETED> ``(12) POPs chemical substance or mixture.--The
term `POPs chemical substance or mixture' means--</DELETED>
<DELETED> ``(A) aldrin;</DELETED>
<DELETED> ``(B) chlordane;</DELETED>
<DELETED> ``(C) dichlorodiphenyltrichloroethane
(DDT);</DELETED>
<DELETED> ``(D) dieldrin;</DELETED>
<DELETED> ``(E) endrin;</DELETED>
<DELETED> ``(F) heptachlor;</DELETED>
<DELETED> ``(G) hexachlorobenzene;</DELETED>
<DELETED> ``(H) mirex;</DELETED>
<DELETED> ``(I) PCBs;</DELETED>
<DELETED> ``(J) toxaphene; and</DELETED>
<DELETED> ``(K) any other chemical substance or
mixture that is listed in Annex A or B to the POPs
Convention.</DELETED>
<DELETED> ``(13) POPs convention.--The term `POPs
Convention' means the Stockholm Convention on Persistent
Organic Pollutants, done at Stockholm on May 22, 2001, if the
United States is a party.</DELETED>
<DELETED> ``(14) POPs review committee.--The term `POPs
Review Committee' means the Persistent Organic Pollutants
Review Committee established under paragraph 6 of Article 19 of
the POPs Convention.</DELETED>
<DELETED>``SEC. 502. IMPLEMENTATION OF POPS CONVENTION AND LRTAP POPS
PROTOCOL.</DELETED>
<DELETED> ``(a) Prohibition on Specified POPs Chemical Substances
and Mixtures and LRTAP POPs Chemical Substances and Mixtures.--Subject
to subsections (c), (d), and (i) and the relevant provisions of the
POPs Convention and the LRTAP POPs Protocol, notwithstanding any other
provision of law, a person shall not manufacture, process, distribute
in commerce for export, use, or dispose of any of the
following:</DELETED>
<DELETED> ``(1) A POPs chemical substance or mixture
specified in any of subparagraphs (A) through (J) of section
501(12).</DELETED>
<DELETED> ``(2) A LRTAP POPs chemical substance or mixture
specified in any of subparagraphs (A) through (C) of section
501(7).</DELETED>
<DELETED> ``(b) Prohibition on Other POPs Chemical Substances and
Mixtures and LRTAP POPs Chemical Substances and Mixtures.--Subject to
subsections (c), (d), and (i), notwithstanding any other provision of
law, a person shall not manufacture, process, distribute in commerce
for export, use, or dispose of a POPs chemical substance or mixture
described in section 501(12)(K), or a LRTAP POPs chemical substance or
mixture described in 501(7)(D), in a manner that is inconsistent with
regulations promulgated under subsection (h).</DELETED>
<DELETED> ``(c) Exemptions Under POPs Convention.--</DELETED>
<DELETED> ``(1) In general.--The prohibitions specified in
subsection (b) shall not apply to any manufacture, processing,
distribution in commerce for export, use, or disposal of a POPs
chemical substance or mixture that the Administrator (with the
concurrence of the Secretary of State) determines, through
final regulations promulgated under subsection (h)--</DELETED>
<DELETED> ``(A) is consistent with--</DELETED>
<DELETED> ``(i) a production or use specific
exemption available to the United States under
Annex A or B to the POPs Convention;
or</DELETED>
<DELETED> ``(ii) an acceptable purpose
applicable to the United States under Annex B
to the POPs Convention; and</DELETED>
<DELETED> ``(B) would, as a result, not prevent the
United States from complying with the obligations of
the United States under the POPs Convention.</DELETED>
<DELETED> ``(2) Unintentional trace contaminants.--To the
extent consistent with the POPs Convention, the prohibitions
specified in subsections (a) and (b) shall not apply to any
quantity of a POPs chemical substance or mixture that occurs as
an unintentional trace contaminant in a product or
article.</DELETED>
<DELETED> ``(3) Research.--To the extent consistent with the
POPs Convention, the prohibitions specified in subsections (a)
and (b) shall not apply to any quantity of a POPs chemical
substance or mixture that is used for laboratory scale research
or as a reference standard.</DELETED>
<DELETED> ``(4) Constituent of article in use before
prohibition applied.--To the extent consistent with the POPs
Convention, the prohibitions specified in subsections (a) and
(b) shall not apply to any quantity of a POPs chemical
substance or mixture that occurs as a constituent of an
article, if--</DELETED>
<DELETED> ``(A) the article is manufactured or in
use on or before the date of entry into force of the
obligation applicable to the POPs chemical substance or
mixture; and</DELETED>
<DELETED> ``(B) the United States has met any
applicable requirement of the POPs Convention to notify
the Secretariat of the POPs Convention concerning the
article.</DELETED>
<DELETED> ``(5) Closed-system site-limited intermediate.--
</DELETED>
<DELETED> ``(A) Exemption.--</DELETED>
<DELETED> ``(i) In general.--Subject to
clause (ii), to the extent consistent with the
POPs Convention, the prohibitions specified in
subsections (a) and (b) shall not apply to any
quantity of a POPs chemical substance or
mixture that is--</DELETED>
<DELETED> ``(I) manufactured and
used as a closed-system site-limited
intermediate; and</DELETED>
<DELETED> ``(II) chemically
transformed in the manufacture of other
chemicals that do not exhibit the
characteristics of persistent organic
pollutants (taking into consideration
the criteria in paragraph 1 of Annex D
of the POPs Convention).</DELETED>
<DELETED> ``(ii) Conditions.--Clause (i)
applies if, before the commencement of the
manufacture or use under the POPs Convention,
and each 10-year period thereafter--</DELETED>
<DELETED> ``(I) any person that
desires to invoke the exemption
provides to the Administrator
information concerning--</DELETED>
<DELETED> ``(aa) the annual
total quantity of the POPs
chemical substance or mixture
anticipated to be manufactured
or used or a reasonable
estimate of the quantity;
and</DELETED>
<DELETED> ``(bb) the nature
of the closed system site-
limited process, including the
quantity of any nontransformed
and unintentional trace
contamination by the POPs
chemical substance or mixture
that remains in the final
product; and</DELETED>
<DELETED> ``(II) notwithstanding any
other provision of law, the
Administrator--</DELETED>
<DELETED> ``(aa) determines,
with the concurrence of the
Secretary of State, that the
information provided under
subclause (I) is complete and
sufficient; and</DELETED>
<DELETED> ``(bb) transmits
the information to the
Secretariat of the POPs
Convention.</DELETED>
<DELETED> ``(B) Termination of exemption.--If, at
the termination of any 10-year exemption period under
subparagraph (A), a particular closed-system site-
limited intermediate exemption is no longer authorized
for the United States under the POPs Convention, it
shall be unlawful for any person to continue to
manufacture or use any such POPs chemical substance or
mixture as a closed-system site-limited
intermediate.</DELETED>
<DELETED> ``(6) PCB materials.--Any person that manages PCBs
in compliance with the rules promulgated under section 6(e)
shall be--</DELETED>
<DELETED> ``(A) considered to be in compliance with
this title; and</DELETED>
<DELETED> ``(B) presumed to be consistent with the
POPs Convention, unless the Administrator determines
that the applicable rule promulgated under section 6(e)
is inconsistent with the POPs Convention.</DELETED>
<DELETED> ``(7) Distribution in commerce for export if
production or use specific exemption or acceptable purpose is
in effect.--</DELETED>
<DELETED> ``(A) In general.--To the extent
consistent with the POPs Convention, the prohibitions
specified in subsections (a) and (b) shall not apply to
any distribution in commerce for export of any POPs
chemical substance or mixture for which a production or
use specific exemption under Annex A to the POPs
Convention available to the United States is in effect,
or for which a production or use specific exemption or
acceptable purpose under Annex B to the POPs Convention
available to the United States is in effect, unless the
POPs chemical substance or mixture does not comply with
an export condition described in--</DELETED>
<DELETED> ``(i) subparagraph (B), as
determined by the Administrator in consultation
with the heads of other interested Federal
agencies; or</DELETED>
<DELETED> ``(ii) subparagraph (C) or (D), as
determined by the Administrator in consultation
with the heads of other interested Federal
agencies and with the concurrence of the
Secretary of State and the United States Trade
Representative.</DELETED>
<DELETED> ``(B) Export for environmentally sound
disposal.--An export condition referred to in
subparagraph (A) is that the POPs chemical substance or
mixture is exported for the purpose of environmentally
sound disposal in accordance with paragraph 1(d) of
Article 6 of the POPs Convention.</DELETED>
<DELETED> ``(C) Export to party with permission to
use.--An export condition referred to in subparagraph
(A) is that the POPs chemical substance or mixture is
exported to a party to the POPs Convention that is
permitted to use the POPs chemical substance or mixture
under Annex A or B to the POPs Convention.</DELETED>
<DELETED> ``(D) Export to nonparty that has provided
nonparty certification.--</DELETED>
<DELETED> ``(i) In general.--An export
condition referred to in subparagraph (A) is
that the POPs chemical substance or mixture is
exported to an importing foreign state that--
</DELETED>
<DELETED> ``(I) is not a party to
the POPs Convention with respect to the
POPs chemical substance or mixture;
and</DELETED>
<DELETED> ``(II) has provided an
annual certification to the
Administrator.</DELETED>
<DELETED> ``(ii) Commitments by importing
nonparty.--Consistent with the POPs Convention,
an annual nonparty certification under clause
(i) shall specify the intended use of the POPs
chemical substance or mixture and state that,
with respect to the POPs chemical substance or
mixture, the importing nonparty is committed
to--</DELETED>
<DELETED> ``(I) protecting human
health and the environment by taking
necessary measures to minimize or
prevent releases;</DELETED>
<DELETED> ``(II) complying with
paragraph 1(d) of Article 6 of the POPs
Convention; and</DELETED>
<DELETED> ``(III) complying, to the
extent appropriate, with paragraph 2 of
Part II of Annex B to the POPs
Convention.</DELETED>
<DELETED> ``(iii) Supporting
documentation.--Each nonparty certification
shall include any appropriate supporting
documentation, such as legislation, regulatory
instruments, and administrative or policy
guidelines.</DELETED>
<DELETED> ``(iv) Submission to secretariat
of pops convention.--Not later than 60 days
after the date of receipt of a complete
nonparty certification, the Administrator shall
submit a copy of the nonparty certification to
the Secretariat of the POPs
Convention.</DELETED>
<DELETED> ``(8) Export for environmentally sound disposal if
no production or use specific exemption in effect.--To the
extent consistent with the POPs Convention, the prohibitions
specified in subsections (a) and (b) shall not apply to any
distribution in commerce for export for the purpose of
environmentally sound disposal, in accordance with paragraph
1(d) of Article 6 of the POPs Convention, of a POPs chemical
substance or mixture listed in Annex A to the POPs Convention
for which no production or use specific exemption is in effect
for any party to the POPs Convention.</DELETED>
<DELETED> ``(9) Imports for specified purposes.--To the
extent consistent with the POPs Convention, the prohibitions
specified in subsections (a) and (b) shall not apply to a POPs
chemical substance or mixture that is imported for the purpose
of environmentally sound disposal in accordance with paragraph
1(d) of Article 6 of the POPs Convention.</DELETED>
<DELETED> ``(10) Waste.--To the extent consistent with the
POPs Convention, the prohibitions specified in subsections (a)
and (b) shall not apply to any quantity of a POPs chemical
substance or mixture, including any article that consists of,
contains, or is contaminated with a POPs chemical substance or
mixture, that has become waste and that is managed in a manner
consistent with Article 6 of the POPs Convention.</DELETED>
<DELETED> ``(11) No effect on other prohibitions.--Nothing
in this subsection authorizes any manufacture, processing,
distribution in commerce for export, use, or disposal of a POPs
chemical substance or mixture that is prohibited under any
other provision of law.</DELETED>
<DELETED> ``(d) Exemptions Under LRTAP POPs Protocol.--</DELETED>
<DELETED> ``(1) In general.--To the extent consistent with
the LRTAP POPs Protocol, the prohibitions on manufacture,
processing, distribution in commerce for export, or use
specified in subsections (a) and (b) shall not apply to--
</DELETED>
<DELETED> ``(A) any manufacture, processing,
distribution in commerce for export, or use of a LRTAP
POPs chemical substance or mixture that the
Administrator determines (with the concurrence of the
Secretary of State), through final regulations
promulgated in accordance with subsection (h)--
</DELETED>
<DELETED> ``(i) is consistent with an
allowed restricted use or condition available
to the United States under Annex I or II to the
LRTAP POPs Protocol; and</DELETED>
<DELETED> ``(ii) would, as a result, not
prevent the United States from complying with
the obligations of the United States under the
LRTAP POPs Protocol;</DELETED>
<DELETED> ``(B) any quantity of a LRTAP POPs
chemical substance or mixture that is used for
laboratory scale research or as a reference
standard;</DELETED>
<DELETED> ``(C) any quantity of a LRTAP POPs
chemical substance or mixture that occurs as a
contaminant in a product;</DELETED>
<DELETED> ``(D) any quantity of a LRTAP POPs
chemical substance or mixture that is in an article
manufactured or in use on or before--</DELETED>
<DELETED> ``(i) the implementation date of
any applicable obligation of the LRTAP POPs
Protocol; or</DELETED>
<DELETED> ``(ii) in the case of any LRTAP
POPs chemical substance or mixture added to any
applicable Annex after the implementation date
of the applicable obligation of the LRTAP POPs
Protocol, the implementation date in the
amendment to the LRTAP POPs Protocol that makes
the addition;</DELETED>
<DELETED> ``(E) any quantity of a LRTAP POPs
chemical substance or mixture that occurs as a site-
limited chemical intermediate in the manufacture of 1
or more different substances and that is subsequently
chemically transformed;</DELETED>
<DELETED> ``(F) the production or use of any
quantity of HCH that complies with the restrictions and
conditions specified for HCH in Annex II to the LRTAP
POPs Protocol;</DELETED>
<DELETED> ``(G) any quantity of a LRTAP POPs
chemical substance or mixture that has become waste and
that is disposed of in an environmentally sound manner
in accordance with paragraph 1(b) of Article 3 of the
LRTAP POPs Protocol;</DELETED>
<DELETED> ``(H) any distribution in commerce for
export of a LRTAP POPs chemical substance or mixture if
the distribution in commerce for export is conducted in
an environmentally sound manner; or</DELETED>
<DELETED> ``(I) any import of a LRTAP POPs chemical
substance or mixture if the import is conducted in an
environmentally sound manner.</DELETED>
<DELETED> ``(2) Exemptions by administrator.--The
Administrator, with the concurrence of the Secretary of State,
may grant an exemption from the prohibitions applicable to
LRTAP POPs chemical substances or mixtures specified in
subsection (a) or (b) that the Administrator determines are
consistent with the exemptions authorized under paragraph 2 of
Article 4 of the LRTAP POPs Protocol.</DELETED>
<DELETED> ``(3) Exemptions by petition.--</DELETED>
<DELETED> ``(A) Petitions.--A person may petition
the Administrator for an exemption from a prohibition
applicable to LRTAP POPs chemical substances or
mixtures specified in subsection (a) or (b) that is
consistent with the exemptions authorized under
paragraph 2 of Article 4 of the LRTAP POPs
Protocol.</DELETED>
<DELETED> ``(B) Required elements of petitions.--Any
petition under subparagraph (A) shall, at a minimum,
contain--</DELETED>
<DELETED> ``(i) information relating to each
finding, if any, that the Administrator is
required to make under the LRTAP POPs Protocol
before granting the exemption; and</DELETED>
<DELETED> ``(ii) any additional information,
if any, that the Administrator is required to
provide to the Secretariat of the LRTAP POPs
Protocol concerning a granted
exemption.</DELETED>
<DELETED> ``(C) Grant or denial of petition.--The
Administrator, with the concurrence of the Secretary of
State, shall--</DELETED>
<DELETED> ``(i) if the petition is
authorized for the United States under, and is
otherwise consistent with, the LRTAP POPs
Protocol, grant the petition with such
conditions or limitations as are necessary to
meet any requirement of the LRTAP POPs Protocol
or any other provision of law; or</DELETED>
<DELETED> ``(ii) deny the
petition.</DELETED>
<DELETED> ``(4) Provision of information to secretariat.--
Notwithstanding any other provision of law, if the
Administrator grants an exemption under this subsection, the
Administrator, not later than 90 days after the date on which
the exemption is granted, shall provide the Secretariat of the
LRTAP POPs Protocol with the information specified in paragraph
3 of Article 4 of the LRTAP POPs Protocol.</DELETED>
<DELETED> ``(5) Disallowance of exemption by lrtap pops
protocol.--</DELETED>
<DELETED> ``(A) In general.--If, after an exemption
has been granted under this subsection, the exemption
is no longer authorized by the United States under the
LRTAP POPs Protocol, it shall be unlawful for any
person to manufacture, process, distribute in commerce
for export, or use a LRTAP POPs chemical substance or
mixture in the manner authorized by the
exemption.</DELETED>
<DELETED> ``(B) Publication of notice in federal
register.--The Administrator shall publish in the
Federal Register a notice announcing the disallowance
of any exemption under subparagraph (A).</DELETED>
<DELETED> ``(6) No effect on other prohibitions.--Nothing in
this subsection authorizes any manufacture, processing,
distribution in commerce for export, or use of a LRTAP POPs
chemical substance or mixture that is prohibited under any
other provision of law.</DELETED>
<DELETED> ``(e) Notice and Report After Decision That Screening
Criteria Are Met Under POPs Convention or After Risk Profile Submitted
Under LRTAP POPs Protocol.--</DELETED>
<DELETED> ``(1) Applicability.--This subsection applies if--
</DELETED>
<DELETED> ``(A) the POPs Review Committee or
Conference decides--</DELETED>
<DELETED> ``(i) under paragraph 4(a) of
Article 8 of the POPs Convention, that a
proposal for listing a chemical substance or
mixture in Annex A, B, or C to the POPs
Convention fulfills the screening criteria
specified in Annex D to the POPs Convention;
or</DELETED>
<DELETED> ``(ii) under paragraph 5 of
Article 8 of the POPs Convention, that such a
proposal shall proceed; or</DELETED>
<DELETED> ``(B) if a party to the LRTAP POPs
Protocol submits to the Executive Body a risk profile
in support of a proposal to list a chemical substance
or mixture in Annex I, II, or III to the LRTAP POPs
Protocol.</DELETED>
<DELETED> ``(2) Requirement.--Not later than 45 days after
the date of the POPs Review Committee or Conference decision on
a proposal or the submission of a risk profile in support of a
proposal under the LRTAP POPs Protocol described in
subparagraph (A) or (B) of paragraph (1), respectively, the
Administrator shall--</DELETED>
<DELETED> ``(A) publish in the Federal Register a
notice of the proposal; and</DELETED>
<DELETED> ``(B) provide opportunity for comment on
the proposal.</DELETED>
<DELETED> ``(3) Required elements of notice.--A notice under
paragraph (2) shall--</DELETED>
<DELETED> ``(A) identify the chemical substance or
mixture that is the subject of the proposal;</DELETED>
<DELETED> ``(B) include a summary of the process
under the POPs Convention or the LRTAP POPs Protocol
for submission of a proposal and listing of a chemical
substance or mixture that is the subject of a proposal
(including criteria applied in that process);</DELETED>
<DELETED> ``(C) include a summary of the POPs Review
Committee or Conference decision and the basis for the
decision;</DELETED>
<DELETED> ``(D) request information relevant to and
comment on--</DELETED>
<DELETED> ``(i) in the case of a chemical
substance or mixture proposed for listing in an
Annex to the POPs Convention, the information
requirements and screening criteria elements
covered under Annex D to the POPs Convention;
and</DELETED>
<DELETED> ``(ii) in the case of a chemical
substance or mixture proposed for listing in an
Annex to the LRTAP POPs Protocol, the
information referenced in paragraph 6(a) of
Article 14 of the LRTAP POPs
Protocol;</DELETED>
<DELETED> ``(E) request the information required
under paragraph (4);</DELETED>
<DELETED> ``(F) include any other information that
the Administrator considers to be relevant to the
proposal;</DELETED>
<DELETED> ``(G) include a statement that any
information submitted will be part of the record used
as the basis for rulemaking that the Administrator may
undertake under this title; and</DELETED>
<DELETED> ``(H) request information and comment on--
</DELETED>
<DELETED> ``(i) information relevant to the
risk profile of the POPs Review Committee
covered under Annex E to the POPs Convention;
and</DELETED>
<DELETED> ``(ii) information relevant to any
technical review conducted under paragraph 2 of
Executive Body decision 1998/2.</DELETED>
<DELETED> ``(4) Provision of information.--</DELETED>
<DELETED> ``(A) Provision of information under pops
convention.--Not later than 60 days after the date of
publication of the notice under paragraph (2) regarding
a proposal to list a chemical substance or mixture on
an Annex of the POPs Convention, any person that
manufactures, processes, distributes in commerce for
export, or disposes of a chemical substance or mixture
that is the subject of the notice shall provide (and
any other interested person may provide) to the
Administrator information (to the extent the
information is known or readily obtainable to the
person) on--</DELETED>
<DELETED> ``(i) the annual quantity of the
chemical substance or mixture that the person
manufactures and the locations of the
manufacture;</DELETED>
<DELETED> ``(ii) the uses of the chemical
substance or mixture;</DELETED>
<DELETED> ``(iii) the approximate annual
quantity of the chemical substance or mixture
that the person releases into the environment;
and</DELETED>
<DELETED> ``(iv) other information or
monitoring data relating to the chemical
substance or mixture that is consistent with
the information specified in paragraph 1 of
Annex D, and subsections (b) through (e) of
Annex E, to the POPs Convention.</DELETED>
<DELETED> ``(B) Provision of information under lrtap
pops protocol.--Not later than 60 days after the date
of publication of the notice under paragraph (2)
regarding a proposal to list a chemical substance or
mixture on an Annex of the LRTAP POPs Protocol, any
person that manufactures, processes, distributes in
commerce for export, or disposes of a chemical
substance or mixture that is the subject of the notice
shall provide (and any other interested person may
provide) to the Administrator information (to the
extent the information is known or readily obtainable
to the person) on--</DELETED>
<DELETED> ``(i) the potential for long-range
transboundary atmospheric transport of the
chemical substance or mixture;</DELETED>
<DELETED> ``(ii) the toxicity of the
chemical substance or mixture;</DELETED>
<DELETED> ``(iii) the persistence of the
chemical substance or mixture, including biotic
degradation processes and rates and degradation
products;</DELETED>
<DELETED> ``(iv) the bioaccumulation of the
chemical substance or mixture, including
bioavailability;</DELETED>
<DELETED> ``(v) the annual quantity of the
chemical substance or mixture that the person
manufactures and the locations of the
manufacture;</DELETED>
<DELETED> ``(vi) the uses of the chemical
substance or mixture;</DELETED>
<DELETED> ``(vii) the approximate annual
quantity of the chemical substance or mixture
that the person releases into the
environment;</DELETED>
<DELETED> ``(viii) environmental monitoring
data relating to the chemical substance or
mixture (in areas distant from
sources);</DELETED>
<DELETED> ``(ix)(I) information on
alternatives to the uses of the chemical
substance or mixture and the efficacy of each
alternative; and</DELETED>
<DELETED> ``(II) information on any known
adverse environmental or human health effects
associated with each alternative;</DELETED>
<DELETED> ``(x) information on--</DELETED>
<DELETED> ``(I) process changes,
control technologies, operating
practices, and other pollution
prevention techniques that can be used
to reduce the emissions of the chemical
substance or mixture; and</DELETED>
<DELETED> ``(II) the applicability
and effectiveness of each technique
described in subclause (I);
and</DELETED>
<DELETED> ``(xi) information on the
nonmonetary costs and benefits and the
quantifiable costs and benefits associated with
the use of each alternative described in clause
(ix) or technique described in clause
(x)(I).</DELETED>
<DELETED> ``(C) Updating of information.--</DELETED>
<DELETED> ``(i) Voluntary updates.--Any
person that submits information under
subparagraph (A) or (B) may voluntarily update
the information at any time.</DELETED>
<DELETED> ``(ii) Required updates.--If the
Administrator determines, with the concurrence
of the Secretary of State, that an update of
information submitted under subparagraph (A) or
(B) is necessary, the Administrator may,
through a notice published in the Federal
Register, require 1 or more persons that are
required to submit the information to update
the information.</DELETED>
<DELETED> ``(iii) New information.--The
Administrator may require any person that
(after the date under subparagraphs (A) and (B)
by which persons are required to submit
information) commences manufacturing,
processing, distributing in commerce for
export, or disposing of a chemical substance or
mixture subject to the requirements in
subparagraph (A) or (B), to submit the
information required to be submitted under
subparagraph (A) or (B).</DELETED>
<DELETED> ``(D) Report.--Based on information
received under this section and any other relevant
information available to the Administrator, the
Administrator, not later than 240 days after the date
of publication of the notice under this paragraph,
shall issue for public comment a report that contains,
at a minimum--</DELETED>
<DELETED> ``(i) information on the
production and uses in the United States of the
chemical substance or mixture; and</DELETED>
<DELETED> ``(ii) a review of the benefits
and risks in the United States and
internationally associated with the production
and uses in the United States and
internationally of the chemical substance or
mixture.</DELETED>
<DELETED> ``(f) Notice After Decision That Global Action Warranted
Under POPs Convention or That Further Consideration of Chemical
Substance or Mixture Warranted Under LRTAP POPs Protocol.--</DELETED>
<DELETED> ``(1) Applicability.--This subsection applies if--
</DELETED>
<DELETED> ``(A) the POPs Review Committee decides,
under paragraph 7(a) of Article 8 of the POPs
Convention, that global action is warranted with
respect to the chemical substance or mixture that is
the subject of the proposal, or the Conference decides,
under paragraph 8 of that Article, that the proposal
shall proceed; or</DELETED>
<DELETED> ``(B) the Executive Body determines
pursuant to paragraph 2 of Executive Body Decision
1998/2 that further consideration of the chemical
substance or mixture is warranted, and therefore
requires 1 or more technical reviews of the
proposal.</DELETED>
<DELETED> ``(2) Notice.--Not later than 45 days after the
date on which a decision or determination is made under
paragraph (1), the Administrator shall--</DELETED>
<DELETED> ``(A) publish in the Federal Register a
notice of the decision or determination; and</DELETED>
<DELETED> ``(B) provide opportunity for comment on
the decision or determination.</DELETED>
<DELETED> ``(3) Required elements of notice.--A notice under
paragraph (1) shall--</DELETED>
<DELETED> ``(A) identify the chemical substance or
mixture that is the subject of the proposal;</DELETED>
<DELETED> ``(B) include a summary of--</DELETED>
<DELETED> ``(i) the POPs Review Committee or
Conference decision and the basis for the
decision; or</DELETED>
<DELETED> ``(ii) the Executive Body
determination and basis for the
determination;</DELETED>
<DELETED> ``(C) request information and comment on--
</DELETED>
<DELETED> ``(i) in the case of a chemical
substance or mixture proposed for addition to
an Annex of the POPs Convention--</DELETED>
<DELETED> ``(I) information on
socioeconomic considerations covered
under Annex F to the POPs Convention;
and</DELETED>
<DELETED> ``(II) information on
socioeconomic considerations covered
under Annex F to the POPs Convention
applicable to the range of possible
prohibitions described in subparagraph
(F); and</DELETED>
<DELETED> ``(ii) in the case of a chemical
substance or mixture proposed for listing on an
Annex to the LRTAP POPs Protocol, information
on--</DELETED>
<DELETED> ``(I) any additional
measures not described in the notice
published under subparagraph (F) that
may exist to reduce the risks of
adverse effects on human health or the
environment that result from the long-
range transboundary atmospheric
transport of the chemical substance or
mixture; and</DELETED>
<DELETED> ``(II) the feasibility of
any of the additional measures or the
measures outlined in the notice
published pursuant to subparagraph
(F);</DELETED>
<DELETED> ``(D) request information on any current
or anticipated production or use of the chemical
substance or mixture that is the subject of the
proposal for which the United States may wish to--
</DELETED>
<DELETED> ``(i) seek an exemption or
acceptable purpose under the POPs Convention;
or</DELETED>
<DELETED> ``(ii) allow a restricted use or
condition under the LRTAP POPs
Protocol;</DELETED>
<DELETED> ``(E) request the information required
under paragraph (4);</DELETED>
<DELETED> ``(F) describe a broad range of possible
prohibitions or restrictions that the United States
could impose on the manufacture, processing,
distribution in commerce for export, use, or disposal
of the chemical substance or mixture to address any
risks that the chemical substance or mixture may
pose;</DELETED>
<DELETED> ``(G) specify what changes, if any, to the
regulatory requirements and risk management measures
applicable to the chemical substance or mixture in the
United States have been made since the date of
publication of the notice under subsection (e);
and</DELETED>
<DELETED> ``(H) include a statement that any
information submitted will be part of the record used
as the basis for a rulemaking that the Administrator
may undertake under this title.</DELETED>
<DELETED> ``(4) Provision of information.--Not later than 60
days after the date of publication of the notice under
paragraph (1), any person that manufactures, processes,
distributes in commerce for export, or disposes of a chemical
substance or mixture that is the subject of the notice shall
provide (and any other interested party may provide) to the
Administrator--</DELETED>
<DELETED> ``(A) consistent with the information
needs described in Annex F to the POPs Convention, any
information that the person believes is relevant to--
</DELETED>
<DELETED> ``(i) a risk management evaluation
carried out under paragraph 7 of Article 8 of
the POPs Convention; or</DELETED>
<DELETED> ``(ii) a decision by the
Conference under paragraph 9 of Article 8 of
the POPs Convention;</DELETED>
<DELETED> ``(B) consistent with the information
needs for the technical review described in paragraph 2
of Executive Body Decision 1998/2, any information the
person believes is relevant to the technical review or
to an Executive Body decision made under paragraph 3 of
Article 14 of the LRTAP POPs Protocol;</DELETED>
<DELETED> ``(C) any information that the person
believes is relevant to an action under this section;
and</DELETED>
<DELETED> ``(D) information on any article in use
that consists of, contains, or is contaminated with the
chemical substance or mixture.</DELETED>
<DELETED> ``(5) Report by administrator.--Not later than 240
days after the date of publication of the notice under this
paragraph, based on information received under this subsection
and any other information available to the Administrator, the
Administrator shall issue a report for public comment that
contains, at a minimum, information relating to the feasibility
of possible prohibitions or restrictions that could be placed
on the manufacture, processing, distribution in commerce for
export, use, or disposal of the chemical substance or mixture
(including the possible consequences of using alternative
products or processes).</DELETED>
<DELETED> ``(g) Notice After Recommendation That Conference Consider
Listing or After Completion of Technical Review.--</DELETED>
<DELETED> ``(1) Applicability.--This subsection applies--
</DELETED>
<DELETED> ``(A) if the POPs Review Committee
recommends, under paragraph 9 of Article 8 of the POPs
Convention, that the Conference consider making a
Conference listing decision with respect to the
chemical substance or mixture in accordance with the
proposal; or</DELETED>
<DELETED> ``(B) after completion of a technical
review of a proposal to list a chemical substance or
mixture on an Annex of the LRTAP POPs
Protocol.</DELETED>
<DELETED> ``(2) Notice.--Not later than 45 days after the
date on which a recommendation under paragraph (1) is made or a
technical review described in paragraph (1) is completed, the
Administrator shall--</DELETED>
<DELETED> ``(A) publish in the Federal Register a
notice of the recommendation or completion of the
technical review; and</DELETED>
<DELETED> ``(B) provide opportunity for comment on
the recommendation or the technical review.</DELETED>
<DELETED> ``(3) Required elements.--A notice under paragraph
(1) shall--</DELETED>
<DELETED> ``(A) include a summary of the POPs Review
Committee recommendation and the basis for the
recommendation or a summary of the technical
review;</DELETED>
<DELETED> ``(B) summarize any control measures for
the chemical substance or mixture that are identified
by the POPs Review Committee or in the technical
review; and</DELETED>
<DELETED> ``(C) include a statement that any
information submitted will be part of the record used
as the basis for a rulemaking that the Administrator
may undertake under this title.</DELETED>
<DELETED> ``(h) Regulations by the Administrator.--</DELETED>
<DELETED> ``(1) Chemical substance or mixture listed under
pops convention or lrtap pops protocol.--If the Conference
decides to list a chemical substance or mixture in Annex A or B
of the POPs Convention, or if the parties to the LRTAP POPs
Protocol decide to list a chemical substance or mixture in
Annex I or II to the LRTAP POPs Protocol, the Administrator may
commence a rulemaking to prohibit or restrict the manufacture,
processing, distribution in commerce for export, use, or
disposal of the chemical substance or mixture.</DELETED>
<DELETED> ``(2) Criteria for regulations.--</DELETED>
<DELETED> ``(A) In general.--If the Administrator
decides to commence a rulemaking to prohibit or
restrict the manufacture, processing, distribution in
commerce for export, use, or disposal of the chemical
substance or mixture, the Administrator shall
promulgate prohibitions or restrictions to protect
against hazards, including exposure, to human health
and the environment associated with the chemical
substance or mixture.</DELETED>
<DELETED> ``(B) Criteria.--In determining the
appropriate manner of regulation, the Administrator
shall take into account public health, environmental,
and socioeconomic factors and shall--</DELETED>
<DELETED> ``(i) consider--</DELETED>
<DELETED> ``(I) the record compiled
under subsections (e), (f), and
(g);</DELETED>
<DELETED> ``(II) national and
international consequences that are
likely to arise as a result of domestic
regulatory action (including the
possible consequences of using
alternative products or
processes);</DELETED>
<DELETED> ``(III) alternatives to
the prohibitions or restrictions
adopted by the Conference or the
Executive Body for the newly-listed
chemical substance or mixture that are
feasible and protective of human health
and the environment; and</DELETED>
<DELETED> ``(IV) all scientific
information--</DELETED>
<DELETED> ``(aa) compiled in
the record under subsections
(e), (f), and (g);</DELETED>
<DELETED> ``(bb) submitted
to the POPs Review Committee or
Conference by the United States
or any other entity;
and</DELETED>
<DELETED> ``(cc) submitted
to the Executive Body, or a
subsidiary of the Executive
Body, under the LRTAP POPs
Protocol;</DELETED>
<DELETED>taking due account of the
scientific information that is
consistent with generally accepted
scientific principles;</DELETED>
<DELETED> ``(ii) in the case of a chemical
substance or mixture listed on Annex A or B of
the POPs Convention, give substantial weight
to--</DELETED>
<DELETED> ``(I) the POPs Review
Committee recommendation under
paragraph 9 of Article 8 of the POPs
Convention;</DELETED>
<DELETED> ``(II) the Conference
listing decision;</DELETED>
<DELETED> ``(III) the reports that
the Administrator is required to issue
pursuant to subsections (e)(4) and
(f)(5), including any version of the
reports revised to reflect information
received through public comment;
and</DELETED>
<DELETED> ``(IV) any information
that the United States submits to the
POPs Review Committee or to the
Conference pursuant to Article 8 of the
POPs Convention; and</DELETED>
<DELETED> ``(iii) in the case of a chemical
substance or mixture listed on Annex I or II of
the LRTAP POPs Protocol, give substantial
weight to--</DELETED>
<DELETED> ``(I) any technical review
conducted pursuant to paragraph 2 of
Executive Body Decision 1998/
2;</DELETED>
<DELETED> ``(II) the LRTAP POPs
Protocol listing decision;</DELETED>
<DELETED> ``(III) the reports that
the Administrator is required to issue
pursuant to subsections (e)(4) and
(f)(5), including any version of the
reports revised to reflect information
received through public comment;
and</DELETED>
<DELETED> ``(IV) any information
that the United States submits to the
Executive Body, or a subsidiary of the
Executive Body, in relation to a
technical review or listing
decision.</DELETED>
<DELETED> ``(3) Citizen's petition.--</DELETED>
<DELETED> ``(A) In general.--Beginning 1 year after
the date on which the Conference listing decision or
the LRTAP POPs Protocol listing decision is made, any
person may petition the Administrator to commence a
rulemaking, if a rulemaking has not commenced as of
that date, to prohibit or restrict the manufacture,
processing, distribution in commerce for export, use,
or disposal of the chemical substance or mixture that
the Conference decides to list in Annex A or B of the
POPs Convention, or that the parties to the LRTAP POPs
Protocol decide to list in Annex I or II of the LRTAP
POPs Protocol.</DELETED>
<DELETED> ``(B) Procedure.--</DELETED>
<DELETED> ``(i) In general.--A petition
under subparagraph (A) shall describe the facts
that the petitioner believes make it necessary
for the Administrator to commence a rulemaking
under paragraph (2).</DELETED>
<DELETED> ``(ii) Proceedings.--</DELETED>
<DELETED> ``(I) Availability.--The
Administrator shall publish in the
Federal Register, and make available
electronically, a summary of each
petition received, including the name
of the petitioner.</DELETED>
<DELETED> ``(II) Hearings or
proceedings.--The Administrator may
hold a public hearing, or conduct any
investigation or proceeding that the
Administrator considers appropriate, to
determine whether or not a rulemaking
should be commenced.</DELETED>
<DELETED> ``(iii) Decision by the
administrator.--</DELETED>
<DELETED> ``(I) In general.--Not
later than 90 days after the date of
filing of a petition under subparagraph
(A), the Administrator shall grant or
deny the petition.</DELETED>
<DELETED> ``(II) Grant.--If the
Administrator grants the petition, the
Administrator shall promptly commence a
rulemaking and proceed in accordance
with paragraph (2).</DELETED>
<DELETED> ``(III) Denial.--If the
Administrator denies the petition, the
Administrator shall publish in the
Federal Register a statement of the
reasons for the denial.</DELETED>
<DELETED> ``(C) Civil action to compel rulemaking.--
</DELETED>
<DELETED> ``(i) In general.--If the
Administrator denies a petition under
subparagraph (A) (or if the Administrator fails
to grant or deny the petition within the 90-day
period specified in subparagraph (B)(iii)), the
petitioner may bring a civil action in United
States district court to compel the
Administrator to commence a rulemaking as
requested in the petition.</DELETED>
<DELETED> ``(ii) Timing.--A civil action
under clause (i) shall be brought--</DELETED>
<DELETED> ``(I) not later than 60
days after the date of denial of the
petition; or</DELETED>
<DELETED> ``(II) if the
Administrator fails to grant or deny
the petition within the 90-day period
specified in subparagraph (B)(iii), not
later than 60 days after the expiration
of the 90-day period.</DELETED>
<DELETED> ``(iii) Scope of review.--In a
civil action under clause (i), the court shall
consider the petition de novo.</DELETED>
<DELETED> ``(iv) Matters for
consideration.--If the Administrator denies a
petition, the court shall take into account
public health, environmental, and socioeconomic
factors and shall--</DELETED>
<DELETED> ``(I) consider--</DELETED>
<DELETED> ``(aa) the record
compiled under subsections (e),
(f), and (g);</DELETED>
<DELETED> ``(bb) national
and international consequences
that are likely to arise as a
result of domestic regulatory
action (including the possible
consequences of using
alternative products or
processes);</DELETED>
<DELETED> ``(cc)
alternatives to the
prohibitions or restrictions
adopted by the Conference or
the Executive Body for the
newly-listed chemical substance
or mixture that are feasible
and protective of human health
and the environment;
and</DELETED>
<DELETED> ``(dd) all
scientific information--
</DELETED>
<DELETED> ``(AA)
compiled in the record
under subsections (e),
(f), and (g);</DELETED>
<DELETED> ``(BB)
submitted to the POPs
Review Committee or
Conference by the
United States or any
other entity;
and</DELETED>
<DELETED> ``(CC)
submitted to the
Executive Body, or a
subsidiary of the
Executive Body, under
the LRTAP POPs
Protocol;</DELETED>
<DELETED>taking due account of
the scientific information that
is consistent with generally
accepted scientific
principles;</DELETED>
<DELETED> ``(II) in the case of a
chemical substance or mixture listed on
Annex A or B of the POPs Convention,
give substantial weight to--</DELETED>
<DELETED> ``(aa) the POPs
Review Committee recommendation
under paragraph 9 of Article 8
of the POPs
Convention;</DELETED>
<DELETED> ``(bb) the
Conference listing
decision;</DELETED>
<DELETED> ``(cc) the reports
that the Administrator is
required to issue pursuant to
subsections (e)(4) and (f)(5),
including any version of the
reports revised to reflect
information received through
public comment; and</DELETED>
<DELETED> ``(dd) any
information that the United
States submits to the POPs
Review Committee or to the
Conference pursuant to Article
8 of the POPs Convention;
and</DELETED>
<DELETED> ``(III) in the case of a
chemical substance or mixture listed on
Annex I or II of the LRTAP POPs
Protocol, give substantial weight to--
</DELETED>
<DELETED> ``(aa) any
technical review conducted
pursuant to paragraph 2 of
Executive Body Decision 1998/
2;</DELETED>
<DELETED> ``(bb) the LRTAP
POPs Protocol listing
decision;</DELETED>
<DELETED> ``(cc) the reports
that the Administrator is
required to issue pursuant to
subsections (e)(4) and (f)(5),
including any version of the
reports revised to reflect
information received through
public comment; and</DELETED>
<DELETED> ``(dd) any
information that the United
States submits to the Executive
Body, or a subsidiary of the
Executive Body, in relation to
a technical review or listing
decision.</DELETED>
<DELETED> ``(v) Order to commence
rulemaking.--The court shall order the
Administrator to commence a rulemaking in
accordance with paragraph (2) if the court
determines that--</DELETED>
<DELETED> ``(I) regulatory action to
control the manufacture, processing,
distribution in commerce for export,
use, or disposal of a chemical
substance or mixture listed in Annex A
or B of the POPs Convention or Annex I
or II of the LRTAP POPs Protocol is
necessary to protect against hazards,
including exposure, to human health and
the environment associated with the
chemical substance or mixture;
and</DELETED>
<DELETED> ``(II) the Administrator
has not taken action in accordance with
paragraph (2).</DELETED>
<DELETED> ``(vi) Costs.--In issuing any
final order in a civil action under clause (i),
the court may award costs of suit and
reasonable fees for attorneys and expert
witnesses if the court determines that such an
award is appropriate.</DELETED>
<DELETED> ``(vii) Savings clause.--The
remedies under this section shall be in
addition to, and not in lieu of, other remedies
provided by law.</DELETED>
<DELETED> ``(4) Deadline for regulations.--</DELETED>
<DELETED> ``(A) In general.--Not later than 18
months after commencing a rulemaking under this
subsection, the Administrator shall--</DELETED>
<DELETED> ``(i) promulgate final regulations
prohibiting or restricting the manufacture,
processing, distribution in commerce for
export, use, or disposal of the chemical
substance or mixture to be listed in Annex A or
B to the POPs Convention or Annex I or II of
the LRTAP POPs Protocol; or</DELETED>
<DELETED> ``(ii) decide not to promulgate a
final rule.</DELETED>
<DELETED> ``(B) Decision not to promulgate.--If the
Administrator decides not to commence or promulgate a
final rule, the Administrator shall publish within 30
days a statement in the Federal Register explaining the
reasons for not promulgating or commencing the final
rule.</DELETED>
<DELETED> ``(5) Sole procedure.--</DELETED>
<DELETED> ``(A) In general.--No other rulemaking
procedure under this Act shall apply to regulations
promulgated under this section.</DELETED>
<DELETED> ``(B) Rulemaking.--Regulations promulgated
by the Administrator under this title shall comply with
section 553 of title 5, United States Code (without
regard to any reference in that section to sections 556
and 557 of that title).</DELETED>
<DELETED> ``(6) No effect on other authority.--Nothing in
this subsection affects the authority of the Administrator to
regulate a chemical substance or mixture under any other law or
any other provision of this Act.</DELETED>
<DELETED> ``(7) Interim statement.--</DELETED>
<DELETED> ``(A) Applicability.--This paragraph
applies if the Administrator has not commenced a
rulemaking under paragraph (2) by the date that is 1
year after the date on which--</DELETED>
<DELETED> ``(i) a decision is made by the
Conference to list a chemical substance or
mixture in Annex A or B of the POPs Convention;
or</DELETED>
<DELETED> ``(ii) a decision is made by the
parties to the LRTAP POPs Protocol to list a
chemical substance or mixture in Annex I or II
to the LRTAP POPs Protocol.</DELETED>
<DELETED> ``(B) Statement.--If the Administrator has
not commenced a rulemaking as described in subparagraph
(A), the Administrator shall publish annually in the
Federal Register a statement that--</DELETED>
<DELETED> ``(i) describes the actions taken
by the Administrator with respect to the
listing decision; and</DELETED>
<DELETED> ``(ii) characterizes actions
likely to be taken by the Administrator with
respect to the commencement of a rulemaking
under paragraph (2).</DELETED>
<DELETED> ``(i) Harmonization of POPs Convention and LRTAP POPs
Protocol.--</DELETED>
<DELETED> ``(1) In general.--If a chemical substance or
mixture is both a POPs chemical substance or mixture and a
LRTAP POPs chemical substance or mixture, in the case of a
conflict between a provision of this section applicable to a
POPs chemical substance or mixture and a provision of this
section applicable to a LRTAP POPs chemical substance or
mixture, the more stringent provision shall apply, as
determined by the Administrator with the concurrence of the
Secretary of State.</DELETED>
<DELETED> ``(2) Application.--In the case of chemical
substance or mixture described in paragraph (1), this section
shall be applied in such a manner as to ensure that the United
States is in compliance with the POPs Convention and the LRTAP
POPs Protocol with respect to the chemical substance or
mixture.</DELETED>
<DELETED>``SEC. 503. NOTICE AND RECORD OF PROHIBITIONS, EXEMPTIONS,
DISALLOWANCES, AND OTHER INFORMATION.</DELETED>
<DELETED> ``(a) In General.--The Administrator--</DELETED>
<DELETED> ``(1) shall publish in the Federal Register timely
notice concerning--</DELETED>
<DELETED> ``(A) the POPs chemical substances and
mixtures or the LRTAP POPs chemical substances and
mixtures, subject to the prohibitions specified in
section 502;</DELETED>
<DELETED> ``(B) any exemptions from the prohibitions
authorized under section 502, including the effective
date on which the exemptions are no longer
authorized;</DELETED>
<DELETED> ``(C) in the case of a LRTAP POPs chemical
substance or mixture, any disallowances of exemptions
under section 502(d)(5); and</DELETED>
<DELETED> ``(D) in the case of a POPs chemical
substance or mixture, a list of any importing foreign
states from which the Administrator has received a
nonparty certification under section 502(c)(7)(D);
and</DELETED>
<DELETED> ``(2) may include in the notice any other
information that the Administrator determines to be necessary
to ensure adequate notice of the requirements of--</DELETED>
<DELETED> ``(A) this section;</DELETED>
<DELETED> ``(B) the POPs Convention; or</DELETED>
<DELETED> ``(C) the LRTAP POPs Protocol.</DELETED>
<DELETED> ``(b) Integration With FIFRA Information.--The
Administrator shall--</DELETED>
<DELETED> ``(1) maintain a record that integrates the
information in the notice published under subsection (a) with
any information published under section 17(g) of the Federal
Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
136o(e));</DELETED>
<DELETED> ``(2) update the record as necessary;
and</DELETED>
<DELETED> ``(3) make the record publicly
available.</DELETED>
<DELETED> ``(c) Disclosure of Data.--Any information provided to or
otherwise obtained by the Administrator (or any representative of the
Administrator) under this title shall be subject to section 14 of this
Act.''.</DELETED>
<DELETED>``SEC. 504. INTERNATIONAL CONVENTIONS AND COOPERATION IN
INTERNATIONAL EFFORTS.</DELETED>
<DELETED> ``In cooperation with the Secretary of State and the head
of any other appropriate Federal agency, the Administrator shall--
</DELETED>
<DELETED> ``(1) participate and cooperate in any
international efforts to develop improved research and
regulations on chemical substances and mixtures; and</DELETED>
<DELETED> ``(2) participate in technical cooperation and
capacity building activities designed to support implementation
of--</DELETED>
<DELETED> ``(A) the LRTAP POPs Protocol;</DELETED>
<DELETED> ``(B) the PIC Convention; and</DELETED>
<DELETED> ``(C) the POPs Convention.</DELETED>
<DELETED>``SEC. 505. EXPORTS.</DELETED>
<DELETED> ``(a) Requirements for Exports.--In the case of a chemical
substance or mixture identified by the Administrator as listed on Annex
III of the PIC Convention in a notice issued under subsection (d)(3),
any person that distributes in commerce the chemical substance or
mixture for export shall comply with any export conditions or
restrictions identified by the Administrator in the notice.</DELETED>
<DELETED> ``(b) Pre-Export Notices.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(A) Requirement.--In the case of--
</DELETED>
<DELETED> ``(i) a chemical substance or
mixture that the Administrator determines to be
banned or severely restricted under subsection
(d)(1);</DELETED>
<DELETED> ``(ii) a chemical substance or
mixture identified by the Administrator in a
notice issued under subsection (d)(3);
or</DELETED>
<DELETED> ``(iii) a POPs chemical substance
or mixture allowed to be exported under
paragraph (7) or (8) of section
502(c);</DELETED>
<DELETED>the exporter of the chemical substance or
mixture shall provide to the Administrator notice of
the intent of the exporter to export the chemical
substance or mixture.</DELETED>
<DELETED> ``(B) Timing of notice for banned or
severely restricted chemical substances or mixtures.--
</DELETED>
<DELETED> ``(i) First export.--In the case
of a first export that an exporter makes from
the territory of the United States to each
importing foreign state after the Administrator
issues a notice under subsection (d)(1), the
exporter shall provide the notice so that the
Administrator receives the notice not earlier
than 30 nor later than 15 calendar days before
the date of export.</DELETED>
<DELETED> ``(ii) Subsequent exports.--In the
case of subsequent exports to the importing
foreign state in the calendar year subsequent
to the notification provided under clause (ii),
the exporter shall provide the notice so that
the Administrator receives the notice not
earlier than 30 nor later than 15 calendar days
before the date of the first export in each
calendar year.</DELETED>
<DELETED> ``(C) Timing of pre-export notice for
chemical substances or mixtures listed on annex iii of
the pic convention.--</DELETED>
<DELETED> ``(i) First export.--In the case
of a first export that an exporter makes from
the territory of the United States to each
importing foreign state after the Administrator
notifies the public under subsection (d)(3),
the exporter shall provide the notice so that
the Administrator receives the notice not
earlier than 30 nor later than 15 calendar days
before the date of export.</DELETED>
<DELETED> ``(ii) Subsequent exports.--In the
case of subsequent exports by the exporter to
the importing foreign state in a calendar year
subsequent to the notification provided under
clause (i), the exporter shall provide the
notice so that the Administrator receives the
notice not earlier than 30 nor later than 15
calendar days before the date of the first such
subsequent export in each calendar
year.</DELETED>
<DELETED> ``(iii) Changed circumstances
meriting new notice.--If conditions or
restrictions imposed by the importing foreign
state change and the Administrator notifies the
public of the change under subsection (d)(3),
or if an earlier pre-export notice no longer
applies, the exporter shall provide the notice
so that the Administrator receives the notice
not earlier than 30 nor later than 15 calendar
days before the date of export.</DELETED>
<DELETED> ``(D) Timing of pre-export notice for
chemical substances or mixtures allowed to be exported
under paragraph (7) or (8) of section 502(c).--
</DELETED>
<DELETED> ``(i) First export of the calendar
year.--In the case of the first export that an
exporter makes from the territory of the United
States to each importing foreign state of a
chemical substance or mixture exported under
paragraph (7) or (8) of section 502(c), the
exporter shall provide the notice so that the
Administrator receives the notice not earlier
than 30 nor later than 15 calendar days before
the date of the first export.</DELETED>
<DELETED> ``(ii) Subsequent exports.--In the
case of subsequent exports by the exporter to
the importing foreign state in a calendar year
subsequent to the notification provided under
clause (i) to the importing foreign state, the
exporter shall provide the notice so that the
Administrator receives the notice not earlier
than 30 nor later than 15 calendar days before
the date of the first such subsequent export in
each calendar year.</DELETED>
<DELETED> ``(iii) Changed circumstances
meriting new notice.--If the information
provided in an earlier pre-export notice is no
longer accurate, the exporter shall provide the
notice so that the Administrator receives the
notice not earlier than 30 nor later than 15
calendar days before the date of
export.</DELETED>
<DELETED> ``(2) Later notices.--Notwithstanding
subparagraphs (B), (C), and (D) of paragraph (1), the
Administrator may permit an exporter to provide a notice under
paragraph (1) so that the Administrator receives the notice
less than 15 days before the date of an export if the
Administrator determines, based on the experience of the
Administrator with the notification program, that the
Administrator is able to administer notice activities in
accordance with the PIC Convention despite the shortened notice
period.</DELETED>
<DELETED> ``(3) Content of pre-export notices.--</DELETED>
<DELETED> ``(A) Notices under paragraph (1)(b).--A
notice under paragraph (1)(B) shall include--</DELETED>
<DELETED> ``(i) the name and address of the
exporter;</DELETED>
<DELETED> ``(ii) the name and address of the
appropriate designated national authority of
the United States;</DELETED>
<DELETED> ``(iii) the name and address of
the appropriate designated national authority
of the importing foreign state, if
available;</DELETED>
<DELETED> ``(iv) the name and address of the
importer;</DELETED>
<DELETED> ``(v) the name of the chemical
substance or mixture for which the notice is
required;</DELETED>
<DELETED> ``(vi) the expected date of
export;</DELETED>
<DELETED> ``(vii) any information relating
to the foreseen uses of the chemical substance
or mixture, if known, in the importing foreign
state;</DELETED>
<DELETED> ``(viii) any information on
precautionary measures to reduce exposure to,
and emission of, the chemical substance or
mixture;</DELETED>
<DELETED> ``(ix) any information relating to
the concentration of the chemical substance or
mixture; and</DELETED>
<DELETED> ``(x) any other information
specified in Annex V to the PIC
Convention.</DELETED>
<DELETED> ``(B) Notices under paragraph (1)(c).--A
notice under paragraph (1)(C) shall include--</DELETED>
<DELETED> ``(i) all of the information
required to be included under subparagraph
(A);</DELETED>
<DELETED> ``(ii) any information relating to
export conditions or restrictions identified by
the Administrator in the notice issued under
subsection (d)(3) with respect to the chemical
substance or mixture;</DELETED>
<DELETED> ``(iii) a general description of
the manner in which the export complies with
those conditions; and</DELETED>
<DELETED> ``(iv) any other information that
the Administrator determines to be necessary
for effective enforcement of the export
conditions or restrictions applicable to the
chemical substance or mixture.</DELETED>
<DELETED> ``(C) Notices under paragraph (1)(d).--A
notice submitted to the Administrator under paragraph
(1)(D) shall include--</DELETED>
<DELETED> ``(i) the name and address of the
exporter;</DELETED>
<DELETED> ``(ii) the name and address of the
importer;</DELETED>
<DELETED> ``(iii) a specification of the
identity of the POPs chemical substance or
mixture;</DELETED>
<DELETED> ``(iv) a general description of
how the export complies with the conditions
under paragraph (7) or (8) of section 502(c);
and</DELETED>
<DELETED> ``(v) such other information as
the Administrator determines to be necessary
for enforcement of the export-related
obligations of the POPs Agreement applicable to
the chemical substance or mixture.</DELETED>
<DELETED> ``(4) Pre-export notices accompanying each
export.--An exporter shall ensure that a copy of the most
recent applicable pre-export notice accompanies each shipment
for export and is available for inspection at the border of--
</DELETED>
<DELETED> ``(A) any chemical substance or mixture
that the Administrator has identified under subsection
(d)(3) as being listed on Annex III of the PIC
Convention; or</DELETED>
<DELETED> ``(B) any POPs chemical substance or
mixture that is exported under paragraph (7) or (8) of
section 502(c).</DELETED>
<DELETED> ``(5) Retention of pre-export notices.--An
exporter required to provide a notice under subparagraph (C) or
(D) of paragraph (1) shall maintain a copy of the notice and
other documents used to generate the notice on site and readily
available for a period of not less than 3 years beginning on
the date on which the notice is provided.</DELETED>
<DELETED> ``(c) Labeling Requirements.--</DELETED>
<DELETED> ``(1) In general.--In the case of any chemical
substance or mixture that is the subject of a notice issued
under paragraph (1) or (3) of subsection (d) and that is
manufactured, processed, or distributed in commerce for export,
the chemical substance or mixture shall, in accordance with the
PIC Convention--</DELETED>
<DELETED> ``(A) bear labeling information relating
to risks or hazards to human health or the environment;
and</DELETED>
<DELETED> ``(B) be accompanied by shipping documents
that include any relevant safety data sheets on the
chemical substance or mixture.</DELETED>
<DELETED> ``(2) Custom codes.--A chemical substance or
mixture that is the subject of a notice issued under subsection
(d)(3) and that is distributed or sold for export shall be
accompanied by shipping documents that bear, at a minimum, any
appropriate harmonized system customs codes assigned by the
World Customs Organization.</DELETED>
<DELETED> ``(d) Notice Requirements and Exemption.--</DELETED>
<DELETED> ``(1) Determination whether chemical substance or
mixture is banned or severely restricted.--</DELETED>
<DELETED> ``(A) In general.--The Administrator, with
the concurrence of the Secretary of State, shall
determine whether a chemical substance or mixture is
banned or severely restricted within the United States
(as those terms are defined by the PIC
Convention).</DELETED>
<DELETED> ``(B) Notice of determinations.--
Notwithstanding any other provision of law, the
Administrator shall issue to the Secretariat of the PIC
Convention and the public a notice of each
determination under subparagraph (A) that includes--
</DELETED>
<DELETED> ``(i) in the case of a notice to
the Secretariat of the PIC Convention, the
information specified in Annex I to the PIC
Convention; and</DELETED>
<DELETED> ``(ii) in the case of a notice to
the public, at a minimum, a summary of that
information.</DELETED>
<DELETED> ``(2) Notice to foreign countries.--</DELETED>
<DELETED> ``(A) In general.--Notwithstanding any
other provision of law, on receipt of a notice of
intent to export under subsection (b)(1)(B), the
Administrator shall provide a copy of the notice to the
designated national authority of the importing foreign
state.</DELETED>
<DELETED> ``(B) Nonidentified designated national
authority.--In a case in which a designated national
authority has not been identified, the Administrator
shall provide the notice of intent to export to any
other appropriate official of the importing foreign
state, as identified by the Administrator.</DELETED>
<DELETED> ``(3) Notice to public.--</DELETED>
<DELETED> ``(A) In general.--The Administrator, with
the concurrence of the Secretary of State, shall issue
a notice to inform the public of--</DELETED>
<DELETED> ``(i) any chemical substance or
mixture that is listed on Annex III to the PIC
Convention; and</DELETED>
<DELETED> ``(ii) any condition or
restriction of an importing foreign state that
is applicable to the import, in accordance with
the PIC Convention, of the chemical substance
or mixture.</DELETED>
<DELETED> ``(B) Timing.--A notice required under
subparagraph (A) shall be issued not later than 90 days
after, and any conditions or restrictions described in
subparagraph (A)(ii) shall take effect not later than
180 days after, the date of receipt of a notice from
the Secretariat of the PIC Convention who--</DELETED>
<DELETED> ``(i) transmits import decisions
of the parties to the PIC Convention;
or</DELETED>
<DELETED> ``(ii) provides notice of the
failure of the parties to provide import
decisions.</DELETED>
<DELETED> ``(C) Treatment of conditions and
restrictions.--A condition or restriction identified by
a notice required under subparagraph (A) shall be
considered to be an export condition or restriction for
the purpose of subsection (a).</DELETED>
<DELETED> ``(4) Notice of exemption.--The Administrator may
issue a notice exempting any chemical substance or mixture from
the requirements of subsections (a) through (c) and this
subsection if the Administrator determines, with the
concurrence of the Secretary of State, that the exemption would
be consistent with the PIC Convention.</DELETED>
<DELETED> ``(5) Integration with other notices.--To the
maximum extent practicable, the Administrator shall integrate
the information contained in any notice issued under this
subsection into any notice published under--</DELETED>
<DELETED> ``(A) section 12(b);</DELETED>
<DELETED> ``(B) section 502; or</DELETED>
<DELETED> ``(C) section 17(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136o(g)).</DELETED>
<DELETED> ``(e) Regulations.--The Administrator may promulgate such
regulations as the Administrator determines to be necessary--</DELETED>
<DELETED> ``(1) to facilitate implementation of this
section;</DELETED>
<DELETED> ``(2) to ensure compliance with the PIC
Convention, the POPs Convention, and the LRTAP POPs Protocol;
and</DELETED>
<DELETED> ``(3) to allow the pre-export notice requirement
under this section and any pre-export notice requirement in
other provisions of this Act or in any other Federal law to be
satisfied by a single notice.</DELETED>
<DELETED> ``(f) Harmonization of POPs Convention and PIC
Convention.--</DELETED>
<DELETED> ``(1) In general.--If the export of a chemical
substance or mixture is addressed or restricted under both
section 502 and this section, that section and this section
shall apply to the chemical substance or mixture.</DELETED>
<DELETED> ``(2) Conflict.--In the case of a conflict between
section 502 and this section with respect to a chemical
substance or mixture, the more stringent provision shall
govern.</DELETED>
<DELETED> ``(3) Application.--With respect to a chemical
substance or mixture, section 502 and this section shall be
applied in such a manner as to ensure that the United States is
in compliance with both the POPs Convention and the PIC
Convention with respect to the chemical substance or
mixture.</DELETED>
<DELETED>``SEC. 506. JUDICIAL REVIEW.</DELETED>
<DELETED> ``(a) Definition of Rulemaking Record.--In this section,
the term `rulemaking record' means--</DELETED>
<DELETED> ``(1) a regulation reviewed under this
section;</DELETED>
<DELETED> ``(2) any determination required under section
502(h);</DELETED>
<DELETED> ``(3) any written submission of interested parties
relating to the promulgation of a regulation under section
502(h);</DELETED>
<DELETED> ``(4)(A) in the case of a POPs chemical substance
or mixture, the international listing process and Conference
listing decision; or</DELETED>
<DELETED> ``(B) in the case of a LRTAP POPs chemical
substance or mixture, the LRTAP POPs listing
decision;</DELETED>
<DELETED> ``(5) comments on the proposed regulation;
and</DELETED>
<DELETED> ``(6) any other information that the
Administrator--</DELETED>
<DELETED> ``(A) determines to be relevant to the
regulation; and</DELETED>
<DELETED> ``(B) identifies on or before the date of
promulgation of the regulation.</DELETED>
<DELETED> ``(b) Judicial Review.--</DELETED>
<DELETED> ``(1) In general.--Not later than 60 days after
the date of promulgation of a regulation under this title, any
person may file a petition for judicial review of the
regulation with--</DELETED>
<DELETED> ``(A) the United States Court of Appeals
for the District of Columbia; or</DELETED>
<DELETED> ``(B) the United States court of appeals
for the circuit in which the person resides or
maintains a principal place of business.</DELETED>
<DELETED> ``(2) Jurisdiction.--The United States courts of
appeals shall have exclusive jurisdiction of any action to
obtain judicial review (other than in an enforcement
proceeding) of a regulation promulgated under this title if any
United States district court would have had jurisdiction of the
action but for this paragraph.</DELETED>
<DELETED> ``(3) Copies.--The clerk of the court with which a
petition is filed under this subsection shall submit to the
Administrator and the Attorney General copies of the
petition.</DELETED>
<DELETED> ``(4) Rulemaking proceedings.--With respect to an
action to obtain judicial review under this subsection, section
2112 of title 28, United States Code, shall apply to--
</DELETED>
<DELETED> ``(A) the filing of the record of
proceedings for a rulemaking on which the Administrator
based the regulation; and</DELETED>
<DELETED> ``(B) any transfer of proceedings between
United States courts of appeals.</DELETED>
<DELETED> ``(c) Standard of Review.--Section 706 of title 5, United
States Code, shall apply to the review of a regulation under this
section.</DELETED>
<DELETED> ``(d) Fees and Costs.--The decision of the court in an
action commenced under subsection (b), or of the Supreme Court of the
United States on review of such a decision, may include an award of
costs relating to the action (including reasonable fees for attorneys
and expert witnesses) if the court determines that such an award is
appropriate.</DELETED>
<DELETED> ``(e) Other Remedies.--The remedies provided under this
section shall be in addition to and not in lieu of remedies provided
under any other provision of law.''.</DELETED>
<DELETED>SEC. 102. EXPORTS.</DELETED>
<DELETED> Section 12(a)(1) of the Toxic Substances Control Act (15
U.S.C. 2611(a)(1)) is amended by striking ``(other than section 8)''
and inserting ``(other than section 8 or title V)''.</DELETED>
<DELETED>SEC. 103. PROHIBITED ACTS.</DELETED>
<DELETED> Section 15 of the Toxic Substances Control Act (15 U.S.C.
2614) is amended to read as follows:</DELETED>
<DELETED>``SEC. 15. PROHIBITED ACTS.</DELETED>
<DELETED> ``It shall be unlawful for any person to--</DELETED>
<DELETED> ``(1) fail or refuse to comply with--</DELETED>
<DELETED> ``(A) any rule promulgated or order issued
under section 4;</DELETED>
<DELETED> ``(B) any requirement prescribed by
section 5 or 6;</DELETED>
<DELETED> ``(C) any rule promulgated or order issued
under section 5 or 6;</DELETED>
<DELETED> ``(D) any requirement of title
II;</DELETED>
<DELETED> ``(E) any rule promulgated or order issued
under title II;</DELETED>
<DELETED> ``(F) any requirement of title V;
or</DELETED>
<DELETED> ``(G) any rule promulgated under title
V;</DELETED>
<DELETED> ``(2) use for commercial purposes a chemical
substance or mixture that the person knew or had reason to know
was manufactured, processed, or distributed in commerce for
export in violation of--</DELETED>
<DELETED> ``(A) section 5 or 6;</DELETED>
<DELETED> ``(B) a rule promulgated or order issued
under section 5 or 6;</DELETED>
<DELETED> ``(C) an order issued in a civil action
brought under section 5 or 7;</DELETED>
<DELETED> ``(D) title V; or</DELETED>
<DELETED> ``(E) a rule promulgated under title
V;</DELETED>
<DELETED> ``(3) fail or refuse to establish or maintain
records, submit reports, notices, or other information, or
permit access to or copying of records as required by this Act
(including regulations promulgated under this Act);
or</DELETED>
<DELETED> ``(4) fail or refuse to permit entry or inspection
as required under section 11.''.</DELETED>
<DELETED>SEC. 104. CONFORMING AMENDMENTS.</DELETED>
<DELETED> (a) Section 11 of the Toxic Substances Control Act (15
U.S.C. 2610) is amended in subsections (a) and (b) by striking ``title
IV'' each place it appears and inserting ``title IV or V''.</DELETED>
<DELETED> (b) Section 13(a)(1) of the Toxic Substances Control Act
(15 U.S.C. 2612(a)(1)) is amended by striking subparagraph (B) and
inserting the following:</DELETED>
<DELETED> ``(B) it is offered for entry in violation
of--</DELETED>
<DELETED> ``(i) section 5 or 6;</DELETED>
<DELETED> ``(ii) title IV or V;</DELETED>
<DELETED> ``(iii) a rule or order issued
under section 5 or 6 or title IV or V;
or</DELETED>
<DELETED> ``(iv) an order issued in a civil
action brought under section 5 or 6 or title
IV.''.</DELETED>
<DELETED> (c) Section 16 of the Toxic Substances Control Act (15
U.S.C. 2615) is amended by striking ``section 15 or 409'' each place it
appears and inserting ``section 15, section 409, or title
V''.</DELETED>
<DELETED> (d) Section 17 of the Toxic Substances Control Act (15
U.S.C. 2616) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) in subparagraph (A), by
striking ``section 15 or 409,'' and inserting
``section 15, section 409, or title
V;'';</DELETED>
<DELETED> (ii) by striking subparagraph (B)
and inserting the following:</DELETED>
<DELETED> ``(B) restrain any person from taking any
action prohibited by section 5 or 6, or title IV or V
(or a rule or order issued under any of those sections
or titles);'';</DELETED>
<DELETED> (iii) in subparagraph (C), by
striking the comma at the end and inserting a
semicolon; and</DELETED>
<DELETED> (iv) in subparagraph (D)--
</DELETED>
<DELETED> (I) by striking ``title IV
manufactured'' and inserting ``title IV
or V manufactured''; and</DELETED>
<DELETED> (II) by striking ``section
5, 6, or title IV'' each place it
appears and inserting ``section 5 or 6,
or title IV or V''; and</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``or
title V'' after ``section 15''; and</DELETED>
<DELETED> (2) in the first sentence of subsection (b), by
inserting ``or V'' after ``title IV''.</DELETED>
<DELETED> (e) Section 18(a)(2) of the Toxic Substances Control Act
(15 U.S.C. 2617(a)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), by striking ``and'' at
the end;</DELETED>
<DELETED> (2) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(C) no State or political subdivision
may establish or continue in effect any requirement
that is applicable to--</DELETED>
<DELETED> ``(i) a POPs Chemical substance or
mixture or LRTAP POPs chemical substance or
mixture (as defined in title V); or</DELETED>
<DELETED> ``(ii) a chemical substance or
mixture that the Administrator regulates under
section 502(h).''.</DELETED>
<DELETED> (f) Section 20(a)(1) of the Toxic Substances Control Act
(15 U.S.C. 2619(a)(1)) is amended by striking ``title II or IV'' each
place it appears and inserting ``title II, IV, or V''.</DELETED>
<DELETED>TITLE II--USE OR PRODUCTION OF POPS PESTICIDES</DELETED>
<DELETED>SEC. 201. DEFINITIONS.</DELETED>
<DELETED> Section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136) is amended--</DELETED>
<DELETED> (1) by striking subsection (bb) and inserting the
following:</DELETED>
<DELETED> ``(bb) Unreasonable Adverse Effect on the Environment.--
</DELETED>
<DELETED> ``(1) In general.--The term `unreasonable adverse
effect on the environment', with respect to a pesticide,
means--</DELETED>
<DELETED> ``(A) any unreasonable risk to humans or
the environment, taking into account the economic,
social, and environmental costs and benefits of the use
of the pesticide;</DELETED>
<DELETED> ``(B) a human dietary risk from a residue
that results from a use of the pesticide in or on any
food inconsistent with the standard established under
section 408 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346a); or</DELETED>
<DELETED> ``(C) any production or use of the
pesticide that is inconsistent with an amendment to
Annex A or B to the POPs Convention as adopted by the
Conference, or an amendment to Annex I or II to the
LRTAP POPs Protocol as adopted by the Executive Body,
unless the production or use of the pesticide is
necessary--</DELETED>
<DELETED> ``(i) to prevent significant
adverse effects on human health or the
environment that would pose significantly
greater risks than the risks associated with
the production or use of the pesticide;
or</DELETED>
<DELETED> ``(ii) to avoid a significant
disruption in domestic production of an
adequate, wholesome, and economical food
supply.</DELETED>
<DELETED> ``(2) Public health pesticides.--</DELETED>
<DELETED> ``(A) In general.--The Administrator shall
consider the risks and benefits of public health
pesticides separately from the risks and benefits of
other pesticides.</DELETED>
<DELETED> ``(B) Health risks.--In weighing any
regulatory action concerning a public health pesticide
under this Act, the Administrator shall weigh any risks
of the public health pesticide against the health risks
(such as the diseases transmitted by the vector) to be
controlled by the public health pesticide.'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(pp) Conference.--The term `Conference' means the
Conference of the Parties established by paragraph 1 of Article 19 of
the POPs Convention.</DELETED>
<DELETED> ``(qq) Executive Body.--The term `Executive Body' means
the Executive Body established by Article 10 of the LRTAP
Convention.</DELETED>
<DELETED> ``(rr) LRTAP Convention.--The term `LRTAP Convention'
means the Convention on Long-Range Transboundary Air Pollution, done at
Geneva on November 13, 1979 (TIAS 10541).</DELETED>
<DELETED> ``(ss) LRTAP POPs Pesticide.--The term `LRTAP POPs
pesticide' means any pesticide or active ingredient--</DELETED>
<DELETED> ``(1) used in producing a pesticide that--
</DELETED>
<DELETED> ``(A) is listed in Annex I or II to the
LRTAP POPs Protocol; but</DELETED>
<DELETED> ``(B) is not listed in Annex A or B to the
POPs Convention; and</DELETED>
<DELETED> ``(2) with respect to which the listing in Annex I
or II to the LRTAP POPs Protocol has entered into force with
respect to the United States under paragraph 3 of Article 14 of
the LRTAP POPs Protocol.</DELETED>
<DELETED> ``(tt) LRTAP POPs Protocol.--The term `LRTAP POPs
Protocol' means the Protocol on Persistent Organic Pollutants to the
LRTAP Convention, done at Aarhus on June 24, 1998.</DELETED>
<DELETED> ``(uu) POPs Convention.--The term `POPs Convention' means
the Stockholm Convention on Persistent Organic Pollutants, done at
Stockholm on May 22, 2001.</DELETED>
<DELETED> ``(vv) POPs Pesticide.--The term `POPs pesticide' means--
</DELETED>
<DELETED> ``(1) aldrin;</DELETED>
<DELETED> ``(2) chlordane;</DELETED>
<DELETED> ``(3) dichlorodiphenyltrichloroethane
(DDT);</DELETED>
<DELETED> ``(4) dieldrin;</DELETED>
<DELETED> ``(5) endrin;</DELETED>
<DELETED> ``(6) heptachlor;</DELETED>
<DELETED> ``(7) hexachlorobenzene;</DELETED>
<DELETED> ``(8) mirex;</DELETED>
<DELETED> ``(9) toxaphene; and</DELETED>
<DELETED> ``(10) any other pesticide or active ingredient
used in producing a pesticide--</DELETED>
<DELETED> ``(A) that is listed in Annex A or B to
the POPs Convention; and</DELETED>
<DELETED> ``(B) with respect to which an amendment
adding the pesticide or active ingredient used in
producing a pesticide to Annex A or B to the POPs
Convention has entered into force with respect to the
United States under paragraph 4 of Article 22 of the
POPs Convention.</DELETED>
<DELETED> ``(ww) POPs Review Committee.--The term `POPs Review
Committee' means the Persistent Organic Pollutants Review Committee
established under paragraph 6 of Article 19 of the POPs
Convention.''.</DELETED>
<DELETED>SEC. 202. REGISTRATION OF PESTICIDES.</DELETED>
<DELETED> Section 3 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a) is amended by striking subsection (b)
and inserting the following:</DELETED>
<DELETED> ``(b) Exemptions.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), any pesticide that is not registered with the
Administrator may be transferred if--</DELETED>
<DELETED> ``(A) the transfer is from 1 registered
establishment to a second registered establishment
operated by the same producer solely for--</DELETED>
<DELETED> ``(i) packaging at the second
establishment; or</DELETED>
<DELETED> ``(ii) use as a constituent part
of another pesticide at the second
establishment; or</DELETED>
<DELETED> ``(B) the transfer is in accordance with
the requirements of an experimental use
permit.</DELETED>
<DELETED> ``(2) POPs pesticides.--Paragraph (1) shall not
apply to a POPs pesticide or LRTAP POPs pesticide unless the
POPs pesticide or LRTAP POPs pesticide is permitted to be
transferred under any applicable exemption under subsection
(e)(3) or (f)(3) of section 17.''.</DELETED>
<DELETED>SEC. 203. UNLAWFUL ACTS.</DELETED>
<DELETED> Section 12(a)(2) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (R), by striking ``or'' at the
end;</DELETED>
<DELETED> (2) in subparagraph (S), by striking the period at
the end and inserting ``; or''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(T) to violate section 17.''.</DELETED>
<DELETED>SEC. 204. IMPORTS, EXPORTS, AND INTERNATIONAL
CONVENTIONS.</DELETED>
<DELETED> (a) Pesticides and Devices Intended for Export.--Section
17(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136o(a)) is amended in the first sentence--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (2), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(3) if the export is in compliance with this
section.''.</DELETED>
<DELETED> (b) Imports of Pesticides and Devices.--Section 17(c) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136o(c)) is amended by adding at the end the following: ``Nothing in
this subsection authorizes the import of any POPs pesticide that is
prohibited under subsection (e).''.</DELETED>
<DELETED> (c) International Conventions and Cooperation in
International Efforts.--Section 17 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136o) is amended--</DELETED>
<DELETED> (1) in subsection (d)--</DELETED>
<DELETED> (A) by striking ``agency, participate''
and inserting ``agency--</DELETED>
<DELETED> ``(1) participate'';</DELETED>
<DELETED> (B) by striking the period at the end and
inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(2) participate in technical cooperation and
capacity building activities designed to support implementation
of--</DELETED>
<DELETED> ``(A) the LRTAP POPs Protocol;</DELETED>
<DELETED> ``(B) the Rotterdam Convention on the
Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade, done
at Rotterdam on September 10, 1998; and</DELETED>
<DELETED> ``(C) the POPs Convention.'';</DELETED>
<DELETED> (2) by redesignating subsection (e) as subsection
(h); and</DELETED>
<DELETED> (3) by inserting after subsection (d) the
following:</DELETED>
<DELETED> ``(e) POPs Convention.--</DELETED>
<DELETED> ``(1) Prohibition on specified pops pesticides.--
Subject to paragraph (3) and the POPs Convention,
notwithstanding any other provision of law, a person shall not
sell, distribute, use, produce, or conduct any disposal
operation that may lead to recovery, recycling, reclamation,
reuse, or an alternative use of a POPs pesticide specified in
any of paragraphs (1) through (9) of section 2(vv).</DELETED>
<DELETED> ``(2) Prohibition on other pops pesticides.--
</DELETED>
<DELETED> ``(A) In general.--Subject to paragraph
(3), notwithstanding any other provision of law, a
person shall not use, produce, or conduct any disposal
operation that may lead to recovery, recycling, reclamation, reuse, or
an alternative use of a POPs pesticide described in section 2(vv)(10)
that--</DELETED>
<DELETED> ``(i) is not subject to paragraph
(1); and</DELETED>
<DELETED> ``(ii) meets a condition described
in subparagraph (B).</DELETED>
<DELETED> ``(B) Cancellation or statement of
compliance.--</DELETED>
<DELETED> ``(i) In general.--The condition
referred to in subparagraph (A)(ii) is that, in
accordance with this Act, the Administrator,
with the concurrence of the Secretary of
State--</DELETED>
<DELETED> ``(I) subject to clause
(ii), cancels under section 6 any
existing registration that the
Administrator determines would prevent
the United States from complying with
the obligations of the United States
under the POPs Convention if the United
States were to become a party to the
POPs Convention with respect to the
POPs pesticide; or</DELETED>
<DELETED> ``(II) after providing
notice and an opportunity for comment--
</DELETED>
<DELETED> ``(aa) issues a
statement that there are no
existing registrations for the
POPs pesticide that would
prevent the United States from
complying with the obligations
of the United States under the
POPs Convention; and</DELETED>
<DELETED> ``(bb) in the
statement, identifies any uses
of the POPs pesticide permitted
in the United States that would
not prevent the United States
from complying with the
obligations of the United
States under the POPs
Convention.</DELETED>
<DELETED> ``(ii) Effective date of
cancellation.--An action under clause (i)(I)
and section 6 based on a finding of the
Administrator that production or use of a POPs
pesticide would result in an unreasonable
adverse effect on the environment because of an
inconsistency with an amendment to Annex A or B
to the POPs Convention shall not become
effective until such time as the amendment
enters into force with respect to the United
States under paragraph 4 of Article 22 of the
POPs Convention.</DELETED>
<DELETED> ``(3) Exemptions.--</DELETED>
<DELETED> ``(A) Exemptions under pops convention.--
To the extent consistent with the POPs Convention, the
prohibitions specified in paragraphs (1) and (2) shall
not apply to any sale, distribution, use, or production
of a POPs pesticide that the Administrator determines,
through a cancellation order issued under section 6 or
a statement issued under paragraph (2)(B)(i)(II)--
</DELETED>
<DELETED> ``(i) is consistent with--
</DELETED>
<DELETED> ``(I) a production or use
specific exemption under Annex A or B
to the POPs Convention; or</DELETED>
<DELETED> ``(II) an acceptable
purpose available to the United States
under Annex B to the POPs Convention;
and</DELETED>
<DELETED> ``(ii) would, as a result, not
prevent the United States from complying with
the obligations of the United States under the
POPs Convention.</DELETED>
<DELETED> ``(B) Unintentional trace contaminants.--
To the extent consistent with the POPs Convention, the
prohibitions specified in paragraphs (1) and (2) shall
not apply to any quantity of a POPs pesticide that
occurs as an unintentional trace contaminant in an
article.</DELETED>
<DELETED> ``(C) Research.--To the extent consistent
with the POPs Convention, the prohibitions specified in
paragraphs (1) and (2) shall not apply to any quantity
of a POPs pesticide that is used for laboratory scale
research or as a reference standard.</DELETED>
<DELETED> ``(D) Constituent of article in use before
prohibition applied.--To the extent consistent with the
POPs Convention, the prohibitions specified in
paragraphs (1) and (2) shall not apply to any quantity
of a POPs pesticide that occurs as a constituent of an
article, if--</DELETED>
<DELETED> ``(i) the article is manufactured
or in use on or before the date of entry into
force of the obligation applicable to the POPs
pesticide; and</DELETED>
<DELETED> ``(ii) the Administrator has met
any applicable requirement of the POPs
Convention to notify the Secretariat of the
POPs Convention concerning the
article.</DELETED>
<DELETED> ``(E) Distribution for export if
production or use specific exemption or acceptable
purpose is in effect.--</DELETED>
<DELETED> ``(i) In general.--To the extent
consistent with the POPs Convention, the
prohibitions specified in paragraphs (1) and
(2) shall not apply to any distribution for
export of any POPs pesticide for which a
production or use specific exemption under
Annex A to the POPs Convention is in effect, or
for which a production or use specific
exemption or acceptable purpose under Annex B
to the POPs Convention is in effect, if the
POPs pesticide complies with an export
condition described in clause (ii), (iii), or
(iv).</DELETED>
<DELETED> ``(ii) Export for environmentally
sound disposal.--An export condition referred
to in clause (i) is that the POPs pesticide is
exported for the purpose of environmentally
sound disposal in accordance with paragraph
1(d) of Article 6 of the POPs Convention.</DELETED>
<DELETED> ``(iii) Export to party with
permission to use.--An export condition
referred to in clause (i) is that the POPs
pesticide is exported to a party to the POPs
Convention that is permitted to use the POPs
pesticide under Annex A or B to the POPs
Convention.</DELETED>
<DELETED> ``(iv) Export to nonparty in
accordance with nonparty certification.--
</DELETED>
<DELETED> ``(I) In general.--An
export condition referred to in clause
(i) is that the POPs pesticide is
exported, to an importing country that
is not a party to the POPs Convention
with respect to the POPs pesticide, for
sale, distribution, or use in
accordance with a complete and accurate
nonparty certification that the
importing country annually provides to
the Administrator.</DELETED>
<DELETED> ``(II) Commitments by
importing nonparty.--Consistent with
the POPs Convention, an annual nonparty
certification under subclause (I) shall
specify the intended use of the POPs
pesticide and state that, with respect
to the POPs pesticide, the importing
nonparty is committed to--</DELETED>
<DELETED> ``(aa) protecting
human health and the
environment by taking necessary
measures to minimize or prevent
releases;</DELETED>
<DELETED> ``(bb) complying
with paragraph 1 of Article 6
of the POPs Convention;
and</DELETED>
<DELETED> ``(cc) complying,
to the extent appropriate, with
paragraph 2 of Part II of Annex
B to the POPs
Convention.</DELETED>
<DELETED> ``(III) Supporting
documentation.--Each nonparty
certification shall include any
appropriate supporting documentation,
such as legislation, regulatory
instruments, and administrative or
policy guidelines.</DELETED>
<DELETED> ``(IV) Submission to
secretariat of pops convention.--Not
later than 60 days after the date of
receipt of a complete nonparty
certification, the Administrator shall
submit a copy of the nonparty
certification to the Secretariat of the
POPs Convention.</DELETED>
<DELETED> ``(F) Export for environmentally sound
disposal if no production or use specific exemption in
effect.--To the extent consistent with the POPs
Convention, the prohibitions specified in paragraphs
(1) and (2) shall not apply to any distribution for
export for the purpose of environmentally sound
disposal, in accordance with paragraph 1(d) of Article
6 of the POPs Convention, of a POPs pesticide listed in
Annex A to the POPs Convention for which no production
or use specific exemption is in effect for any party to
the POPs Convention.</DELETED>
<DELETED> ``(G) Imports for specified purposes.--To
the extent consistent with the POPs Convention, the
prohibitions specified in paragraphs (1) and (2) shall
not apply to any distribution of a POPs pesticide that
is imported--</DELETED>
<DELETED> ``(i) for the purpose of
environmentally sound disposal in accordance
with paragraph 1(d) of Article 6 of the POPs
Convention; or</DELETED>
<DELETED> ``(ii) for a purpose authorized
under a cancellation order issued under section
6.</DELETED>
<DELETED> ``(H) No effect on other prohibitions.--
Nothing in this paragraph authorizes any sale,
distribution, use, or production, or any disposal
operation, that may lead to recovery, recycling,
reclamation, reuse, or an alternative use, of any POPs
pesticide that is prohibited under any other provision
of law.</DELETED>
<DELETED> ``(4) Certification statement accompanying pops
pesticides.--</DELETED>
<DELETED> ``(A) In general.--Each POPs pesticide
that is sold or distributed under subparagraph (A),
(C), (E), (F), or (G) of paragraph (3) shall be
accompanied by a certification statement.</DELETED>
<DELETED> ``(B) Person required to prepare.--A
certification statement required by subparagraph (A)
shall be prepared--</DELETED>
<DELETED> ``(i) by the producer of the POPs
pesticide; or</DELETED>
<DELETED> ``(ii) if there is no
certification statement accompanying the POPs
pesticide, by any person that sells or
distributes the POPs pesticide.</DELETED>
<DELETED> ``(C) Required elements.--The
certification statement shall contain--</DELETED>
<DELETED> ``(i) a specification of the
quantity and identity of the POPs
pesticide;</DELETED>
<DELETED> ``(ii) the basis for application
of subparagraph (A), (C), (E), (F), or (G) of
paragraph (3); and</DELETED>
<DELETED> ``(iii) such other information as
the Administrator determines to be necessary
for effective enforcement of this
subsection.</DELETED>
<DELETED> ``(D) Duties of sellers and
distributors.--Any person that sells or distributes the
POPs pesticide shall ensure that--</DELETED>
<DELETED> ``(i) the certification statement
accompanies the POPs pesticide when the POPs
pesticide is sold or distributed; and</DELETED>
<DELETED> ``(ii) the sale or distribution is
consistent with the certification
statement.</DELETED>
<DELETED> ``(E) Maintenance of certification
statement.--A person that prepares a certification
statement shall maintain a copy of the certification
statement for a period of not less than 3 years
beginning on the date on which the certification
statement is prepared.</DELETED>
<DELETED> ``(F) Regulations.--The Administrator may
promulgate such regulations as are necessary--
</DELETED>
<DELETED> ``(i) to facilitate implementation
of this paragraph; and</DELETED>
<DELETED> ``(ii) to ensure that this
paragraph is implemented in compliance with the
POPs Convention.</DELETED>
<DELETED> ``(5) Submission of information.--</DELETED>
<DELETED> ``(A) Proposal for listing meets pops
convention screening criteria.--</DELETED>
<DELETED> ``(i) Publication of notice in
federal register.--As soon as practicable after
the date of a determination by the POPs Review
Committee that a proposal for listing a
pesticide in Annex A, B, or C to the POPs
Convention meets the screening criteria
specified in Annex D to the POPs Convention,
the Administrator shall publish in the Federal
Register a notice that--</DELETED>
<DELETED> ``(I) identifies the
pesticide; and</DELETED>
<DELETED> ``(II) summarizes the
determination of the POPs Review
Committee.</DELETED>
<DELETED> ``(ii) Provision of arguments or
information to the administrator.--Not later
than 60 days after the date of publication of
the notice under clause (i), any registrant of
the pesticide or other interested person that
might support or object to any listing of the
pesticide in Annex A, B, or C to the POPs
Convention may provide to the Administrator any
arguments or information associated with the
risks or benefits of use of the pesticide
(including information specified in Annex D or
E to the POPs Convention) that, in the opinion
of the registrant or other interested person,
supports a determination that--</DELETED>
<DELETED> ``(I) the determination by
the POPs Review Committee is incorrect;
or</DELETED>
<DELETED> ``(II) any or all uses of
the pesticide in the United States do
or do not result in any unreasonable
adverse effect on the
environment.</DELETED>
<DELETED> ``(iii) Provision of additional
information.--If a registrant or other
interested person obtains, after the deadline
established under clause (ii), additional
information that was not available to the
registrant or other interested person by the
deadline, the registrant or other interested
person may provide to the Administrator the
additional information, and arguments based on
the additional information, not later than 60
days after the date of acquisition by the
registrant or other interested person of the
additional information.</DELETED>
<DELETED> ``(iv) Report by administrator to
secretary of state.--Based on information
received under this paragraph and any other
relevant information available to the
Administrator, the Administrator, not later
than 180 days after the date of publication of
the notice under clause (i), shall submit to
the Secretary of State a report that contains,
at a minimum--</DELETED>
<DELETED> ``(I) information on the
registered uses in the United States of
the pesticide; and</DELETED>
<DELETED> ``(II) an assessment of
the benefits and risks associated with
the uses in the United States of the
pesticide.</DELETED>
<DELETED> ``(B) Decision to proceed with listing
process.--</DELETED>
<DELETED> ``(i) Publication of notice in
federal register.--If the POPs Review Committee
decides under paragraph 7 of Article 8 of the
POPs Convention that a proposal for listing a
pesticide shall proceed, the Administrator
shall publish in the Federal Register a notice
that--</DELETED>
<DELETED> ``(I) identifies the
pesticide; and</DELETED>
<DELETED> ``(II) summarizes the
decision of the POPs Review
Committee.</DELETED>
<DELETED> ``(ii) Provision of information by
interested persons.--Not later than 60 days
after the date of publication of the notice
under clause (i), any person interested in a
pesticide that is the subject of the notice may
provide to the Administrator--</DELETED>
<DELETED> ``(I) consistent with the
information needs described in Annex F
to the POPs Convention, any information
that the person believes is relevant
to--</DELETED>
<DELETED> ``(aa) a risk
management evaluation carried
out under paragraph 7 of
Article 8 of the POPs
Convention;</DELETED>
<DELETED> ``(bb) a decision
by the Conference under
paragraph 9 of Article 8 of the
POPs Convention; or</DELETED>
<DELETED> ``(cc) an action
under section 6(b);
and</DELETED>
<DELETED> ``(II) information on any
article in use that consists of,
contains, or is contaminated with the
pesticide.</DELETED>
<DELETED> ``(C) Effect of failure to submit
information.--If an argument or item of information is
not submitted by a deadline established under this
paragraph, a person may not raise the argument or
submit the information in any subsequent cancellation
proceeding initiated by the Administrator under section 6 in response
to a listing decision by the Conference unless the person that seeks to
raise the argument or submit the information demonstrates that the
argument or information could not reasonably have been made available
to the Administrator by the deadlines established under this
paragraph.</DELETED>
<DELETED> ``(f) LRTAP POPs Protocol.--</DELETED>
<DELETED> ``(1) Prohibition on specified lrtap pops
pesticides.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(B), paragraph (3), and the LRTAP POPs Protocol,
notwithstanding any other provision of law, a person
shall not sell, distribute, use, produce, or conduct
any disposal operation that may lead to recovery,
recycling, reclamation, reuse, or an alternative use of
any of the following LRTAP POPs pesticides:</DELETED>
<DELETED> ``(i) Chlordecone.</DELETED>
<DELETED> ``(ii)
Hexabromobiphenyl.</DELETED>
<DELETED> ``(iii) Hexachlorocyclohexane
(HCH).</DELETED>
<DELETED> ``(B) Addition to annex a or b to pops
convention.--If a LRTAP POPs pesticide specified in
subparagraph (A) is added to Annex A or B to the POPs
Convention and the amendment making the addition enters
into force with respect to the United States under
paragraph 4 of Article 22 of the POPs Convention--
</DELETED>
<DELETED> ``(i) subparagraph (A) shall not
apply to the LRTAP POPs pesticide;
and</DELETED>
<DELETED> ``(ii) the LRTAP POPs pesticide
shall be subject to subsection (e).</DELETED>
<DELETED> ``(2) Prohibition on other lrtap pops
pesticides.--</DELETED>
<DELETED> ``(A) In general.--Subject to paragraph
(3), notwithstanding any other provision of law, a
person shall not sell, distribute, use, or produce a
LRTAP POPs pesticide that--</DELETED>
<DELETED> ``(i) is not subject to paragraph
(1); and</DELETED>
<DELETED> ``(ii) meets a condition described
in subparagraph (B).</DELETED>
<DELETED> ``(B) Cancellation or statement of
compliance.--</DELETED>
<DELETED> ``(i) In general.--The condition
referred to in subparagraph (A)(ii) is that, in
accordance with this Act, the Administrator,
with the concurrence of the Secretary of
State--</DELETED>
<DELETED> ``(I) subject to clause
(ii), cancels under section 6 any
existing registration that the
Administrator determines would prevent
the United States from complying with
the obligations of the United States
under the LRTAP POPs Protocol if the
United States were to become a party to
the LRTAP POPs Protocol for the LRTAP
POPs pesticide; or</DELETED>
<DELETED> ``(II) after providing
notice and an opportunity for comment--
</DELETED>
<DELETED> ``(aa) issues a
statement that there are no
existing registrations for the
LRTAP POPs pesticide that would
prevent the United States from
complying with the obligations
of the United States under the
LRTAP POPs Protocol;
and</DELETED>
<DELETED> ``(bb) in the
statement, identifies any uses
of the LRTAP POPs pesticide
permitted in the United States
that would not prevent the
United States from complying
with the obligations of the
United States under the POPs
Convention.</DELETED>
<DELETED> ``(ii) Effective date of
cancellation.--An action under clause (i)(I)
and section 6 based on a finding of the
Administrator that production or use of a
pesticide would result in an unreasonable
adverse effect on the environment because of an
inconsistency with an amendment to Annex I or
II to the LRTAP POPs Protocol shall not become
effective until such time as the amendment
enters into force with respect to the United
States under paragraph 3 of Article 14 of the
LRTAP POPs Protocol.</DELETED>
<DELETED> ``(3) Exemptions.--</DELETED>
<DELETED> ``(A) In general.--To the extent
consistent with the LRTAP POPs Protocol, the
prohibitions specified in paragraphs (1) and (2) shall
not apply to--</DELETED>
<DELETED> ``(i) any sale, distribution, use,
or production of a LRTAP POPs pesticide that
the Administrator determines, through a
cancellation order issued under section 6 or a
statement issued under paragraph
(2)(B)(i)(II)--</DELETED>
<DELETED> ``(I) is consistent with
an exemption available to the United
States under Annex I or II to the LRTAP
POPs Protocol; and</DELETED>
<DELETED> ``(II) would, as a result,
not prevent the United States from
complying with the obligations of the
United States under the LRTAP POPs
Protocol;</DELETED>
<DELETED> ``(ii) any quantity of a LRTAP
POPs pesticide that is used for laboratory
scale research or as a reference
standard;</DELETED>
<DELETED> ``(iii) any quantity of a LRTAP
POPs pesticide that occurs as a contaminant in
an article;</DELETED>
<DELETED> ``(iv) any quantity of a LRTAP
POPs pesticide that is in an article
manufactured or in use on or before--</DELETED>
<DELETED> ``(I) the implementation
date of the LRTAP POPs Protocol;
or</DELETED>
<DELETED> ``(II) in the case of any
LRTAP POPs pesticide added to any
applicable Annex after the
implementation date of the LRTAP POPs
Protocol, the implementation date of
the amendment to the LRTAP POPs
Protocol that makes the addition;
or</DELETED>
<DELETED> ``(v) the production or use of any
quantity of hexachlorocyclohexane (HCH) that
complies with the restrictions and conditions
specified for HCH in Annex II to the LRTAP POPs
Protocol.</DELETED>
<DELETED> ``(B) Petitions for exemptions authorized
by lrtap pops protocol.--</DELETED>
<DELETED> ``(i) In general.--A person may
petition the Administrator for an exemption
from a prohibition specified in paragraph (1)
or (2) that is consistent with the exemptions
authorized under paragraph 2 of Article 4 of
the LRTAP POPs Protocol.</DELETED>
<DELETED> ``(ii) Required elements of
petitions.--Any petition under clause (i)
shall, at a minimum, contain--</DELETED>
<DELETED> ``(I) information relating
to each finding, if any, that the
Administrator is required to make under
the LRTAP POPs Protocol before granting
the exemption; and</DELETED>
<DELETED> ``(II) any additional
information, if any, that the
Administrator is required to provide to
the Secretariat of the LRTAP POPs
Protocol concerning a granted
exemption.</DELETED>
<DELETED> ``(iii) Grant or denial of
petition.--The Administrator, with the
concurrence of the Secretary of State, shall--
</DELETED>
<DELETED> ``(I) if the petition is
authorized for the United States under,
and is otherwise consistent with, the
LRTAP POPs Protocol, grant the petition
with such conditions or limitations as
are necessary to meet any requirement
of the LRTAP POPs Protocol or any other
provision of law; or</DELETED>
<DELETED> ``(II) deny the
petition.</DELETED>
<DELETED> ``(iv) Provision of information to
secretariat.--Notwithstanding any other
provision of law, if the Administrator grants
the petition, the Administrator, not later than
90 days after the date on which the petition is
granted, shall provide the Secretariat of the
LRTAP POPs Protocol with the information
specified in paragraph 3 of Article 4 of the
LRTAP POPs Protocol.</DELETED>
<DELETED> ``(v) Disallowance of exemption by
lrtap pops protocol.--</DELETED>
<DELETED> ``(I) In general.--If,
after an exemption has been granted
under this subparagraph, the exemption
is no longer authorized for the United
States under the LRTAP POPs Protocol,
it shall be unlawful for any person to
sell, distribute, use, or produce a
LRTAP POPs pesticide in the manner
authorized by the petition.</DELETED>
<DELETED> ``(II) Publication of
notice in federal register.--The
Administrator shall publish in the
Federal Register a notice announcing
the disallowance of any exemption under
subclause (I).</DELETED>
<DELETED> ``(C) No effect on other prohibitions.--
Nothing in this paragraph authorizes any sale,
distribution, use, production, or disposal operation
that may lead to recovery, recycling, reclamation,
reuse, or an alternative use of any LRTAP POPs
pesticide that is prohibited under any other provision
of law.</DELETED>
<DELETED> ``(4) Certification statement accompanying lrtap
pops pesticides.--</DELETED>
<DELETED> ``(A) In general.--Each LRTAP POPs
pesticide that is sold or distributed under
subparagraph (A)(i), (A)(ii), or (B) of paragraph (3)
shall be accompanied by a certification
statement.</DELETED>
<DELETED> ``(B) Person required to prepare.--A
certification statement required by subparagraph (A)
shall be prepared--</DELETED>
<DELETED> ``(i) by the producer of the LRTAP
POPs pesticide; or</DELETED>
<DELETED> ``(ii) if there is no
certification statement accompanying the LRTAP
POPs pesticide, by any person that sells or
distributes the LRTAP POPs pesticide.</DELETED>
<DELETED> ``(C) Required elements.--The
certification statement shall contain--</DELETED>
<DELETED> ``(i) a specification of the
quantity and identity of the LRTAP POPs
pesticide;</DELETED>
<DELETED> ``(ii) the basis for application
of subparagraph (A)(i), (A)(ii), or (B) of
paragraph (3); and</DELETED>
<DELETED> ``(iii) such other information as
the Administrator determines to be necessary
for effective enforcement of this
subsection.</DELETED>
<DELETED> ``(D) Duties of sellers and
distributors.--Any person that sells or distributes the
LRTAP POPs pesticide shall ensure that--</DELETED>
<DELETED> ``(i) the certification statement
accompanies the LRTAP POPs pesticide when the
LRTAP POPs pesticide is sold or distributed;
and</DELETED>
<DELETED> ``(ii) the sale or distribution is
consistent with the certification
statement.</DELETED>
<DELETED> ``(E) Maintenance of certification
statement.--A person that prepares a certification
statement shall maintain a copy of the certification
statement for a period of not less than 3 years
beginning on the date on which the certification
statement is prepared.</DELETED>
<DELETED> ``(F) Regulations.--The Administrator may
promulgate such regulations as are necessary--
</DELETED>
<DELETED> ``(i) to facilitate implementation
of this paragraph; and</DELETED>
<DELETED> ``(ii) to ensure that this
paragraph is implemented in compliance with the
LRTAP POPs Protocol.</DELETED>
<DELETED> ``(5) Submission of information.--</DELETED>
<DELETED> ``(A) Risk profile in support of proposed
amendment to list.--</DELETED>
<DELETED> ``(i) Publication of notice in
federal register.--As soon as practicable after
the date of submission to the Executive Body of
a risk profile in support of a proposed
amendment to list a pesticide in Annex I, II,
or III to the LRTAP POPs Protocol, the
Administrator shall publish in the Federal
Register a notice that--</DELETED>
<DELETED> ``(I) identifies the
pesticide; and</DELETED>
<DELETED> ``(II) summarizes the risk
profile for the pesticide.</DELETED>
<DELETED> ``(ii) Provision of arguments or
information to the administrator.--Not later
than 60 days after the date of publication of
the notice under clause (i), any registrant of
the pesticide or other interested person that
might support or object to any listing of the
pesticide in Annex I, II, or III to the LRTAP
POPs Protocol may provide to the Administrator
any arguments or information associated with
the risks or benefits of use of the pesticide
that, in the opinion of the registrant or other
interested person, supports a determination
that--</DELETED>
<DELETED> ``(I) the risk profile is
incorrect; or</DELETED>
<DELETED> ``(II) any or all uses of
the pesticide in the United States do
or do not result in any unreasonable
adverse effect on the
environment.</DELETED>
<DELETED> ``(iii) Provision of additional
information.--If a registrant or other
interested person obtains, after the deadline
established under clause (ii), additional
information that was not available to the
registrant or other interested person by the
deadline, the registrant or other interested
person may provide to the Administrator the
additional information, and arguments based on
the additional information, not later than 60
days after the date of acquisition by the
registrant or other interested person of the
additional information.</DELETED>
<DELETED> ``(iv) Report by administrator to
secretary of state.--Based on information
received under this paragraph and any other
relevant information available to the
Administrator, the Administrator, not later
than 180 days after the date of publication of
the notice under clause (i), shall submit to
the Secretary of State a report that contains,
at a minimum--</DELETED>
<DELETED> ``(I) information on the
registered uses in the United States of
the pesticide; and</DELETED>
<DELETED> ``(II) an assessment of
the benefits and risks associated with
the uses in the United States of the
pesticide.</DELETED>
<DELETED> ``(B) Effect of failure to submit
information.--If an argument or item of information is
not submitted by a deadline established under this
paragraph, a person may not raise the argument or
submit the information in any subsequent cancellation
proceeding initiated by the Administrator under section
6 in response to an amendment to Annex I, II, or III to
the LRTAP POPs Protocol unless the person that seeks to raise the
argument or submit the information demonstrates that the argument or
information could not reasonably have been made available to the
Administrator by the deadlines established under this
paragraph.</DELETED>
<DELETED> ``(g) Notice and Record of Prohibitions, Exemptions,
Disallowances, and Other Information.--</DELETED>
<DELETED> ``(1) In general.--The Administrator--</DELETED>
<DELETED> ``(A) shall publish in the Federal
Register timely notice concerning--</DELETED>
<DELETED> ``(i)(I) the POPs pesticides
subject to the prohibitions specified in
subsection (e);</DELETED>
<DELETED> ``(II) any exemptions from the
prohibitions authorized under subsection (e);
and</DELETED>
<DELETED> ``(III) any importing country from
which any POPs pesticide has received a
nonparty certification under subsection
(e)(3)(E)(iv); and</DELETED>
<DELETED> ``(ii)(I) the LRTAP POPs
pesticides subject to the prohibitions
specified in subsection (f); and</DELETED>
<DELETED> ``(II) any exemptions from the
prohibitions authorized under subsection (f),
including any disallowances of exemptions under
subsection (f)(3)(B)(v); and</DELETED>
<DELETED> ``(B) may include in the notice any other
information that the Administrator determines to be
necessary to ensure adequate notice of the requirements
of--</DELETED>
<DELETED> ``(i) this section;</DELETED>
<DELETED> ``(ii) the POPs Convention;
or</DELETED>
<DELETED> ``(iii) the LRTAP POPs
Protocol.</DELETED>
<DELETED> ``(2) Integration with tsca information.--The
Administrator shall--</DELETED>
<DELETED> ``(A) maintain a record that integrates
the information in the notice published under paragraph
(1) with any information published under section 6(h)
of the Toxic Substances Control Act (15 U.S.C.
2605(h));</DELETED>
<DELETED> ``(B) update the record as necessary;
and</DELETED>
<DELETED> ``(C) make the record publicly
available.''.</DELETED>
<DELETED>SEC. 205. CONFORMING AMENDMENTS.</DELETED>
<DELETED> The table of contents in section 1(b) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is
amended--</DELETED>
<DELETED> (1) in the items relating to section 2--</DELETED>
<DELETED> (A) by striking the item relating to
subsection (bb) and inserting the following:</DELETED>
<DELETED>``(bb) Unreasonable adverse effect on the
environment.</DELETED>
<DELETED> ``(1) In general.</DELETED>
<DELETED> ``(2) Public health
pesticides.'';</DELETED>
<DELETED>and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED>``(pp) Conference.</DELETED>
<DELETED>``(qq) Executive Body.</DELETED>
<DELETED>``(rr) LRTAP Convention.</DELETED>
<DELETED>``(ss) LRTAP POPs pesticide.</DELETED>
<DELETED>``(tt) LRTAP POPs Protocol.</DELETED>
<DELETED>``(uu) POPs Convention.</DELETED>
<DELETED>``(vv) POPs pesticide.</DELETED>
<DELETED>``(ww) POPs Review Committee.'';</DELETED>
<DELETED> (2) in the items relating to section 3, by
striking the item relating to subsection (b) and inserting the
following:</DELETED>
<DELETED>``(b) Exemptions.</DELETED>
<DELETED> ``(1) In general.</DELETED>
<DELETED> ``(2) POPs pesticides.'';</DELETED>
<DELETED>and</DELETED>
<DELETED> (3) in the items relating to section 17, by
striking the items relating to subsection (e) and inserting the
following:</DELETED>
<DELETED>``(e) POPs Convention.</DELETED>
<DELETED> ``(1) Prohibition on specified POPs
pesticides.</DELETED>
<DELETED> ``(2) Prohibition on other POPs
pesticides.</DELETED>
<DELETED> ``(3) Exemptions.</DELETED>
<DELETED> ``(4) Certification statement
accompanying POPs pesticides.</DELETED>
<DELETED> ``(5) Submission of
information.</DELETED>
<DELETED>``(f) LRTAP POPs Protocol.</DELETED>
<DELETED> ``(1) Prohibition on specified LRTAP
POPs pesticides.</DELETED>
<DELETED> ``(2) Prohibition on other LRTAP POPs
pesticides.</DELETED>
<DELETED> ``(3) Exemptions.</DELETED>
<DELETED> ``(4) Certification statement
accompanying LRTAP POPs pesticides.</DELETED>
<DELETED> ``(5) Submission of
information.</DELETED>
<DELETED>``(g) Notice and record of prohibitions,
exemptions, and other information.</DELETED>
<DELETED> ``(1) In general.</DELETED>
<DELETED> ``(2) Integration with TSCA
information.</DELETED>
<DELETED>``(h) Regulations.''.</DELETED>
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``POPs, LRTAP POPs,
and PIC Implementation Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
Sec. 101. Implementation of international agreements.
``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
``Sec. 501. Definitions.
``Sec. 502. Implementation of POPs Convention and LRTAP POPs
Protocol.
``Sec. 503. Notice and record of prohibitions, exemptions,
disallowances, and other information.
``Sec. 504. International conventions and cooperation in
international efforts.
``Sec. 505. Exports.
``Sec. 506. Judicial review.''.
Sec. 102. Exports.
Sec. 103. Prohibited acts.
Sec. 104. Conforming amendments.
TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
SEC. 101. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.
The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is
amended by adding at the end the following:
``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Conference.--The term `Conference' means the
Conference of the Parties established by paragraph 1 of Article
19 of the POPs Convention.
``(2) Conference listing decision.--The term `Conference
listing decision' means a decision by the Conference to approve
an amendment to list a chemical substance or mixture in Annex A
or B to the POPs Convention.
``(3) Designated national authority.--The term `designated
national authority' means the 1 or more authorities that a
government has designated in a notification to the Secretariat
of the PIC Convention in accordance with Article 4 of the PIC
Convention.
``(4) Executive body.--The term `Executive Body' means the
Executive Body established by Article 10 of the LRTAP
Convention.
``(5) HCH.--The term `HCH' means hexachlorocyclohexane.
``(6) LRTAP convention.--The term `LRTAP Convention' means
the Convention on Long-Range Transboundary Air Pollution, done
at Geneva on November 13, 1979 (TIAS 10541), if the United
States is a party.
``(7) LRTAP pops chemical substance or mixture.--The term
`LRTAP POPs chemical substance or mixture' means--
``(A) chlordecone;
``(B) hexabromobiphenyl;
``(C) HCH; and
``(D) any other chemical substance or mixture that
is listed in Annex I or II to the LRTAP POPs Protocol.
``(8) LRTAP pops listing decision.--The term `LRTAP POPs
listing decision' means a decision by the parties to the LRTAP
POPs Protocol to approve an amendment to list a chemical
substance or mixture in Annex I or II to the LRTAP POPs
Protocol.
``(9) LRTAP pops protocol.--The term `LRTAP POPs Protocol'
means the Protocol on Persistent Organic Pollutants to the
LRTAP Convention, done at Aarhus on June 24, 1998, if the
United States is a party.
``(10) PCB.--The term `PCB' means a polychlorinated
biphenyl.
``(11) PIC convention.--The term `PIC Convention' means the
Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International
Trade, done at Rotterdam on September 10, 1998, if the United
States is a party.
``(12) POPs chemical substance or mixture.--The term `POPs
chemical substance or mixture' means--
``(A) aldrin;
``(B) chlordane;
``(C) dichlorodiphenyltrichloroethane (DDT);
``(D) dieldrin;
``(E) endrin;
``(F) heptachlor;
``(G) hexachlorobenzene;
``(H) mirex;
``(I) PCBs;
``(J) toxaphene; and
``(K) any other chemical substance or mixture that
is listed in Annex A or B to the POPs Convention.
``(13) POPs convention.--The term `POPs Convention' means
the Stockholm Convention on Persistent Organic Pollutants, done
at Stockholm on May 22, 2001, if the United States is a party.
``(14) POPs review committee.--The term `POPs Review
Committee' means the Persistent Organic Pollutants Review
Committee established under paragraph 6 of Article 19 of the
POPs Convention.
``SEC. 502. IMPLEMENTATION OF POPS CONVENTION AND LRTAP POPS PROTOCOL.
``(a) Prohibition on Specified POPs Chemical Substances and
Mixtures and LRTAP POPs Chemical Substances and Mixtures.--Subject to
subsections (c), (d), and (i) and the relevant provisions of the POPs
Convention and the LRTAP POPs Protocol, notwithstanding any other
provision of law, a person shall not manufacture, process, distribute
in commerce for export, use, or dispose of any of the following:
``(1) A POPs chemical substance or mixture specified in any
of subparagraphs (A) through (J) of section 501(12).
``(2) A LRTAP POPs chemical substance or mixture specified
in any of subparagraphs (A) through (C) of section 501(7).
``(b) Prohibition on Other POPs Chemical Substances and Mixtures
and LRTAP POPs Chemical Substances and Mixtures.--Subject to
subsections (c), (d), and (i), notwithstanding any other provision of
law, a person shall not manufacture, process, distribute in commerce
for export, use, or dispose of a POPs chemical substance or mixture
described in section 501(12)(K), or a LRTAP POPs chemical substance or
mixture described in 501(7)(D), in a manner that is inconsistent with
regulations promulgated under subsection (h).
``(c) Exemptions Under POPs Convention.--
``(1) In general.--The prohibitions specified in subsection
(b) shall not apply to any manufacture, processing,
distribution in commerce for export, use, or disposal of a POPs
chemical substance or mixture that the Administrator (with the
concurrence of the Secretary of State) determines, through
final regulations promulgated under subsection (h)--
``(A) is consistent with--
``(i) a production or use specific
exemption available to the United States under
Annex A or B to the POPs Convention; or
``(ii) an acceptable purpose applicable to
the United States under Annex B to the POPs
Convention; and
``(B) would, as a result, not prevent the United
States from complying with the obligations of the
United States under the POPs Convention.
``(2) Unintentional trace contaminants.--To the extent
consistent with the POPs Convention, the prohibitions specified
in subsections (a) and (b) shall not apply to any quantity of a
POPs chemical substance or mixture that occurs as an
unintentional trace contaminant in a product or article.
``(3) Research.--To the extent consistent with the POPs
Convention, the prohibitions specified in subsections (a) and
(b) shall not apply to any quantity of a POPs chemical
substance or mixture that is used for laboratory scale research
or as a reference standard.
``(4) Constituent of article in use before prohibition
applied.--To the extent consistent with the POPs Convention,
the prohibitions specified in subsections (a) and (b) shall not
apply to any quantity of a POPs chemical substance or mixture
that occurs as a constituent of an article, if--
``(A) the article is manufactured or in use on or
before the date of entry into force of the obligation
applicable to the POPs chemical substance or mixture;
and
``(B) the United States has met any applicable
requirement of the POPs Convention to notify the
Secretariat of the POPs Convention concerning the
article.
``(5) Closed-system site-limited intermediate.--
``(A) Exemption.--
``(i) In general.--Subject to clause (ii),
to the extent consistent with the POPs
Convention, the prohibitions specified in
subsections (a) and (b) shall not apply to any
quantity of a POPs chemical substance or
mixture that is--
``(I) manufactured and used as a
closed-system site-limited
intermediate; and
``(II) chemically transformed in
the manufacture of other chemicals that
do not exhibit the characteristics of
persistent organic pollutants (taking
into consideration the criteria in
paragraph 1 of Annex D of the POPs
Convention).
``(ii) Conditions.--Clause (i) applies if,
before the commencement of the manufacture or
use under the POPs Convention, and each 10-year
period thereafter--
``(I) any person that desires to
invoke the exemption provides to the
Administrator information concerning--
``(aa) the annual total
quantity of the POPs chemical
substance or mixture
anticipated to be manufactured
or used or a reasonable
estimate of the quantity; and
``(bb) the nature of the
closed system site-limited
process, including the quantity
of any nontransformed and
unintentional trace
contamination by the POPs
chemical substance or mixture
that remains in the final
product; and
``(II) notwithstanding any other
provision of law, the Administrator--
``(aa) determines, with the
concurrence of the Secretary of
State, that the information
provided under subclause (I) is
complete and sufficient; and
``(bb) transmits the
information to the Secretariat
of the POPs Convention.
``(B) Termination of exemption.--If, at the
termination of any 10-year exemption period under
subparagraph (A), a particular closed-system site-
limited intermediate exemption is no longer authorized
for the United States under the POPs Convention, it
shall be unlawful for any person to continue to
manufacture or use any such POPs chemical substance or
mixture as a closed-system site-limited intermediate.
``(6) PCB materials.--Any person that manages PCBs in
compliance with the rules promulgated under section 6(e) shall
be--
``(A) considered to be in compliance with this
title; and
``(B) presumed to be consistent with the POPs
Convention, unless the Administrator determines that
the applicable rule promulgated under section 6(e) is
inconsistent with the POPs Convention.
``(7) Distribution in commerce for export if production or
use specific exemption or acceptable purpose is in effect.--
``(A) In general.--To the extent consistent with
the POPs Convention, the prohibitions specified in
subsections (a) and (b) shall not apply to any
distribution in commerce for export of any POPs
chemical substance or mixture for which a production or
use specific exemption under Annex A to the POPs
Convention available to the United States is in effect,
or for which a production or use specific exemption or
acceptable purpose under Annex B to the POPs Convention
available to the United States is in effect, unless the
POPs chemical substance or mixture does not comply with
an export condition described in--
``(i) subparagraph (B), as determined by
the Administrator in consultation with the
heads of other interested Federal agencies; or
``(ii) subparagraph (C) or (D), as
determined by the Administrator in consultation
with the heads of other interested Federal
agencies and with the concurrence of the
Secretary of State and the United States Trade
Representative.
``(B) Export for environmentally sound disposal.--
An export condition referred to in subparagraph (A) is
that the POPs chemical substance or mixture is exported
for the purpose of environmentally sound disposal in
accordance with paragraph 1(d) of Article 6 of the POPs
Convention.
``(C) Export to party with permission to use.--An
export condition referred to in subparagraph (A) is
that the POPs chemical substance or mixture is exported
to a party to the POPs Convention that is permitted to
use the POPs chemical substance or mixture under Annex
A or B to the POPs Convention.
``(D) Export to nonparty that has provided nonparty
certification.--
``(i) In general.--An export condition
referred to in subparagraph (A) is that the
POPs chemical substance or mixture is exported
to an importing foreign state that--
``(I) is not a party to the POPs
Convention with respect to the POPs
chemical substance or mixture; and
``(II) has provided an annual
certification to the Administrator.
``(ii) Commitments by importing nonparty.--
Consistent with the POPs Convention, an annual
nonparty certification under clause (i) shall
specify the intended use of the POPs chemical
substance or mixture and state that, with
respect to the POPs chemical substance or
mixture, the importing nonparty is committed
to--
``(I) protecting human health and
the environment by taking necessary
measures to minimize or prevent
releases;
``(II) complying with paragraph
1(d) of Article 6 of the POPs
Convention; and
``(III) complying, to the extent
appropriate, with paragraph 2 of Part
II of Annex B to the POPs Convention.
``(iii) Supporting documentation.--Each
nonparty certification shall include any
appropriate supporting documentation, such as
legislation, regulatory instruments, and
administrative or policy guidelines.
``(iv) Submission to secretariat of pops
convention.--Not later than 60 days after the
date of receipt of a complete nonparty
certification, the Administrator shall submit a
copy of the nonparty certification to the
Secretariat of the POPs Convention.
``(8) Export for environmentally sound disposal if no
production or use specific exemption in effect.--To the extent
consistent with the POPs Convention, the prohibitions specified
in subsections (a) and (b) shall not apply to any distribution
in commerce for export for the purpose of environmentally sound
disposal, in accordance with paragraph 1(d) of Article 6 of the
POPs Convention, of a POPs chemical substance or mixture listed in
Annex A to the POPs Convention for which no production or use specific
exemption is in effect for any party to the POPs Convention.
``(9) Imports for specified purposes.--To the extent
consistent with the POPs Convention, the prohibitions specified
in subsections (a) and (b) shall not apply to a POPs chemical
substance or mixture that is imported for the purpose of
environmentally sound disposal in accordance with paragraph
1(d) of Article 6 of the POPs Convention.
``(10) Waste.--To the extent consistent with the POPs
Convention, the prohibitions specified in subsections (a) and
(b) shall not apply to any quantity of a POPs chemical
substance or mixture, including any article that consists of,
contains, or is contaminated with a POPs chemical substance or
mixture, that has become waste and that is managed in a manner
consistent with Article 6 of the POPs Convention.
``(11) No effect on other prohibitions.--Nothing in this
subsection authorizes any manufacture, processing, distribution
in commerce for export, use, or disposal of a POPs chemical
substance or mixture that is prohibited under any other
provision of law.
``(d) Exemptions Under LRTAP POPs Protocol.--
``(1) In general.--To the extent consistent with the LRTAP
POPs Protocol, the prohibitions on manufacture, processing,
distribution in commerce for export, or use specified in
subsections (a) and (b) shall not apply to--
``(A) any manufacture, processing, distribution in
commerce for export, or use of a LRTAP POPs chemical
substance or mixture that the Administrator determines
(with the concurrence of the Secretary of State),
through final regulations promulgated in accordance
with subsection (h)--
``(i) is consistent with an allowed
restricted use or condition available to the
United States under Annex I or II to the LRTAP
POPs Protocol; and
``(ii) would, as a result, not prevent the
United States from complying with the
obligations of the United States under the
LRTAP POPs Protocol;
``(B) any quantity of a LRTAP POPs chemical
substance or mixture that is used for laboratory scale
research or as a reference standard;
``(C) any quantity of a LRTAP POPs chemical
substance or mixture that occurs as a contaminant in a
product;
``(D) any quantity of a LRTAP POPs chemical
substance or mixture that is in an article manufactured
or in use on or before--
``(i) the implementation date of any
applicable obligation of the LRTAP POPs
Protocol; or
``(ii) in the case of any LRTAP POPs
chemical substance or mixture added to any
applicable Annex after the implementation date
of the applicable obligation of the LRTAP POPs
Protocol, the implementation date in the
amendment to the LRTAP POPs Protocol that makes
the addition;
``(E) any quantity of a LRTAP POPs chemical
substance or mixture that occurs as a site-limited
chemical intermediate in the manufacture of 1 or more
different substances and that is subsequently
chemically transformed;
``(F) the production or use of any quantity of HCH
that complies with the restrictions and conditions
specified for HCH in Annex II to the LRTAP POPs
Protocol;
``(G) any quantity of a LRTAP POPs chemical
substance or mixture that has become waste and that is
disposed of in an environmentally sound manner in
accordance with paragraph 1(b) of Article 3 of the
LRTAP POPs Protocol;
``(H) any distribution in commerce for export of a
LRTAP POPs chemical substance or mixture if the
distribution in commerce for export is conducted in an
environmentally sound manner; or
``(I) any import of a LRTAP POPs chemical substance
or mixture if the import is conducted in an
environmentally sound manner.
``(2) Exemptions by administrator.--The Administrator, with
the concurrence of the Secretary of State, may grant an
exemption from the prohibitions applicable to LRTAP POPs
chemical substances or mixtures specified in subsection (a) or
(b) that the Administrator determines are consistent with the
exemptions authorized under paragraph 2 of Article 4 of the
LRTAP POPs Protocol.
``(3) Exemptions by petition.--
``(A) Petitions.--A person may petition the
Administrator for an exemption from a prohibition
applicable to LRTAP POPs chemical substances or
mixtures specified in subsection (a) or (b) that is
consistent with the exemptions authorized under
paragraph 2 of Article 4 of the LRTAP POPs Protocol.
``(B) Required elements of petitions.--Any petition
under subparagraph (A) shall, at a minimum, contain--
``(i) information relating to each finding,
if any, that the Administrator is required to
make under the LRTAP POPs Protocol before
granting the exemption; and
``(ii) any additional information, if any,
that the Administrator is required to provide
to the Secretariat of the LRTAP POPs Protocol
concerning a granted exemption.
``(C) Grant or denial of petition.--The
Administrator, with the concurrence of the Secretary of
State, shall--
``(i) if the petition is authorized for the
United States under, and is otherwise
consistent with, the LRTAP POPs Protocol, grant
the petition with such conditions or
limitations as are necessary to meet any
requirement of the LRTAP POPs Protocol or any
other provision of law; or
``(ii) deny the petition.
``(4) Provision of information to secretariat.--
Notwithstanding any other provision of law, if the
Administrator grants an exemption under this subsection, the
Administrator, not later than 90 days after the date on which
the exemption is granted, shall provide the Secretariat of the
LRTAP POPs Protocol with the information specified in paragraph
3 of Article 4 of the LRTAP POPs Protocol.
``(5) Disallowance of exemption by lrtap pops protocol.--
``(A) In general.--If, after an exemption has been
granted under this subsection, the exemption is no
longer authorized by the United States under the LRTAP
POPs Protocol, it shall be unlawful for any person to
manufacture, process, distribute in commerce for
export, or use a LRTAP POPs chemical substance or
mixture in the manner authorized by the exemption.
``(B) Publication of notice in federal register.--
The Administrator shall publish in the Federal Register
a notice announcing the disallowance of any exemption
under subparagraph (A).
``(6) No effect on other prohibitions.--Nothing in this
subsection authorizes any manufacture, processing, distribution
in commerce for export, or use of a LRTAP POPs chemical
substance or mixture that is prohibited under any other
provision of law.
``(e) Notice and Report After Decision That Screening Criteria Are
Met Under POPs Convention or After Risk Profile Submitted Under LRTAP
POPs Protocol.--
``(1) Applicability.--This subsection applies if--
``(A) the POPs Review Committee or Conference
decides--
``(i) under paragraph 4(a) of Article 8 of
the POPs Convention, that a proposal for
listing a chemical substance or mixture in
Annex A, B, or C to the POPs Convention
fulfills the screening criteria specified in
Annex D to the POPs Convention; or
``(ii) under paragraph 5 of Article 8 of
the POPs Convention, that such a proposal shall
proceed; or
``(B) if a party to the LRTAP POPs Protocol submits
to the Executive Body a risk profile in support of a
proposal to list a chemical substance or mixture in
Annex I, II, or III to the LRTAP POPs Protocol.
``(2) Requirement.--Not later than 45 days after the date
of the POPs Review Committee or Conference decision on a
proposal or the submission of a risk profile in support of a
proposal under the LRTAP POPs Protocol described in
subparagraph (A) or (B) of paragraph (1), respectively, the
Administrator shall--
``(A) publish in the Federal Register a notice of
the proposal; and
``(B) provide opportunity for comment on the
proposal.
``(3) Required elements of notice.--A notice under
paragraph (2) shall--
``(A) identify the chemical substance or mixture
that is the subject of the proposal;
``(B) include a summary of the process under the
POPs Convention or the LRTAP POPs Protocol for
submission of a proposal and listing of a chemical
substance or mixture that is the subject of a proposal
(including criteria applied in that process);
``(C) include a summary of the POPs Review
Committee or Conference decision and the basis for the
decision;
``(D) request information relevant to and comment
on--
``(i) in the case of a chemical substance
or mixture proposed for listing in an Annex to
the POPs Convention, the information
requirements and screening criteria elements
covered under Annex D to the POPs Convention;
and
``(ii) in the case of a chemical substance
or mixture proposed for listing in an Annex to
the LRTAP POPs Protocol, the information
referenced in paragraph 6(a) of Article 14 of
the LRTAP POPs Protocol;
``(E) request the information required under
paragraph (4);
``(F) include any other information that the
Administrator considers to be relevant to the proposal;
``(G) include a statement that any information
submitted will be part of the record used as the basis
for rulemaking that the Administrator may undertake
under this title; and
``(H) request information and comment on--
``(i) information relevant to the risk
profile of the POPs Review Committee covered
under Annex E to the POPs Convention; and
``(ii) information relevant to any
technical review conducted under paragraph 2 of
Executive Body decision 1998/2.
``(4) Provision of information.--
``(A) Provision of information under pops
convention.--Not later than 60 days after the date of
publication of the notice under paragraph (2) regarding
a proposal to list a chemical substance or mixture on
an Annex of the POPs Convention, any person that
manufactures, processes, distributes in commerce for
export, or disposes of a chemical substance or mixture
that is the subject of the notice shall provide (and
any other interested person may provide) to the Administrator
information (to the extent the information is known or readily
obtainable to the person) on--
``(i) the annual quantity of the chemical
substance or mixture that the person
manufactures and the locations of the
manufacture;
``(ii) the uses of the chemical substance
or mixture;
``(iii) the approximate annual quantity of
the chemical substance or mixture that the
person releases into the environment; and
``(iv) other information or monitoring data
relating to the chemical substance or mixture
that is consistent with the information
specified in paragraph 1 of Annex D, and
subsections (b) through (e) of Annex E, to the
POPs Convention.
``(B) Provision of information under lrtap pops
protocol.--Not later than 60 days after the date of
publication of the notice under paragraph (2) regarding
a proposal to list a chemical substance or mixture on
an Annex of the LRTAP POPs Protocol, any person that
manufactures, processes, distributes in commerce for
export, or disposes of a chemical substance or mixture
that is the subject of the notice shall provide (and
any other interested person may provide) to the
Administrator information (to the extent the
information is known or readily obtainable to the
person) on--
``(i) the potential for long-range
transboundary atmospheric transport of the
chemical substance or mixture;
``(ii) the toxicity of the chemical
substance or mixture;
``(iii) the persistence of the chemical
substance or mixture, including biotic
degradation processes and rates and degradation
products;
``(iv) the bioaccumulation of the chemical
substance or mixture, including
bioavailability;
``(v) the annual quantity of the chemical
substance or mixture that the person
manufactures and the locations of the
manufacture;
``(vi) the uses of the chemical substance
or mixture;
``(vii) the approximate annual quantity of
the chemical substance or mixture that the
person releases into the environment;
``(viii) environmental monitoring data
relating to the chemical substance or mixture
(in areas distant from sources);
``(ix)(I) information on alternatives to
the uses of the chemical substance or mixture
and the efficacy of each alternative; and
``(II) information on any known adverse
environmental or human health effects
associated with each alternative;
``(x) information on--
``(I) process changes, control
technologies, operating practices, and
other pollution prevention techniques
that can be used to reduce the
emissions of the chemical substance or
mixture; and
``(II) the applicability and
effectiveness of each technique
described in subclause (I); and
``(xi) information on the nonmonetary costs
and benefits and the quantifiable costs and
benefits associated with the use of each
alternative described in clause (ix) or
technique described in clause (x)(I).
``(C) Updating of information.--
``(i) Voluntary updates.--Any person that
submits information under subparagraph (A) or
(B) may voluntarily update the information at
any time.
``(ii) Required updates.--If the
Administrator determines, with the concurrence
of the Secretary of State, that an update of
information submitted under subparagraph (A) or
(B) is necessary, the Administrator may,
through a notice published in the Federal
Register, require 1 or more persons that are
required to submit the information to update
the information.
``(iii) New information.--The Administrator
may require any person that (after the date
under subparagraphs (A) and (B) by which
persons are required to submit information)
commences manufacturing, processing,
distributing in commerce for export, or
disposing of a chemical substance or mixture
subject to the requirements in subparagraph (A)
or (B), to submit the information required to
be submitted under subparagraph (A) or (B).
``(D) Report.--Based on information received under
this section and any other relevant information
available to the Administrator, the Administrator, not
later than 240 days after the date of publication of
the notice under this paragraph, shall issue for public
comment a report that contains, at a minimum--
``(i) information on the production and
uses in the United States of the chemical
substance or mixture; and
``(ii) a review of the benefits and risks
in the United States and internationally
associated with the production and uses in the
United States and internationally of the
chemical substance or mixture.
``(f) Notice After Decision That Global Action Warranted Under POPs
Convention or That Further Consideration of Chemical Substance or
Mixture Warranted Under LRTAP POPs Protocol.--
``(1) Applicability.--This subsection applies if--
``(A) the POPs Review Committee decides, under
paragraph 7(a) of Article 8 of the POPs Convention,
that global action is warranted with respect to the
chemical substance or mixture that is the subject of
the proposal, or the Conference decides, under
paragraph 8 of that Article, that the proposal shall
proceed; or
``(B) the Executive Body determines pursuant to
paragraph 2 of Executive Body Decision 1998/2 that
further consideration of the chemical substance or
mixture is warranted, and therefore requires 1 or more
technical reviews of the proposal.
``(2) Notice.--Not later than 45 days after the date on
which a decision or determination is made under paragraph (1),
the Administrator shall--
``(A) publish in the Federal Register a notice of
the decision or determination; and
``(B) provide opportunity for comment on the
decision or determination.
``(3) Required elements of notice.--A notice under
paragraph (1) shall--
``(A) identify the chemical substance or mixture
that is the subject of the proposal;
``(B) include a summary of--
``(i) the POPs Review Committee or
Conference decision and the basis for the
decision; or
``(ii) the Executive Body determination and
basis for the determination;
``(C) request information and comment on--
``(i) in the case of a chemical substance
or mixture proposed for addition to an Annex of
the POPs Convention--
``(I) information on socioeconomic
considerations covered under Annex F to
the POPs Convention; and
``(II) information on socioeconomic
considerations covered under Annex F to
the POPs Convention applicable to the
range of possible prohibitions
described in subparagraph (F); and
``(ii) in the case of a chemical substance
or mixture proposed for listing on an Annex to
the LRTAP POPs Protocol, information on--
``(I) any additional measures not
described in the notice published under
subparagraph (F) that may exist to
reduce the risks of adverse effects on
human health or the environment that
result from the long-range
transboundary atmospheric transport of
the chemical substance or mixture; and
``(II) the feasibility of any of
the additional measures or the measures
outlined in the notice published
pursuant to subparagraph (F);
``(D) request information on any current or
anticipated production or use of the chemical substance
or mixture that is the subject of the proposal for
which the United States may wish to--
``(i) seek an exemption or acceptable
purpose under the POPs Convention; or
``(ii) allow a restricted use or condition
under the LRTAP POPs Protocol;
``(E) request the information required under
paragraph (4);
``(F) describe a broad range of possible
prohibitions or restrictions that the United States
could impose on the manufacture, processing,
distribution in commerce for export, use, or disposal
of the chemical substance or mixture to address any
risks that the chemical substance or mixture may pose;
``(G) specify what changes, if any, to the
regulatory requirements and risk management measures
applicable to the chemical substance or mixture in the
United States have been made since the date of
publication of the notice under subsection (e); and
``(H) include a statement that any information
submitted will be part of the record used as the basis
for a rulemaking that the Administrator may undertake
under this title.
``(4) Provision of information.--Not later than 60 days
after the date of publication of the notice under paragraph
(1), any person that manufactures, processes, distributes in
commerce for export, or disposes of a chemical substance or
mixture that is the subject of the notice shall provide (and
any other interested party may provide) to the Administrator--
``(A) consistent with the information needs
described in Annex F to the POPs Convention, any
information that the person believes is relevant to--
``(i) a risk management evaluation carried
out under paragraph 7 of Article 8 of the POPs
Convention; or
``(ii) a decision by the Conference under
paragraph 9 of Article 8 of the POPs
Convention;
``(B) consistent with the information needs for the
technical review described in paragraph 2 of Executive
Body Decision 1998/2, any information the person
believes is relevant to the technical review or to an
Executive Body decision made under paragraph 3 of
Article 14 of the LRTAP POPs Protocol;
``(C) any information that the person believes is
relevant to an action under this section; and
``(D) information on any article in use that
consists of, contains, or is contaminated with the
chemical substance or mixture.
``(5) Report by administrator.--Not later than 240 days
after the date of publication of the notice under this
paragraph, based on information received under this subsection
and any other information available to the Administrator, the
Administrator shall issue a report for public comment that
contains, at a minimum, information relating to the feasibility
of possible prohibitions or restrictions that could be placed
on the manufacture, processing, distribution in commerce for
export, use, or disposal of the chemical substance or mixture
(including the possible consequences of using alternative
products or processes).
``(g) Notice After Recommendation That Conference Consider Listing
or After Completion of Technical Review.--
``(1) Applicability.--This subsection applies--
``(A) if the POPs Review Committee recommends,
under paragraph 9 of Article 8 of the POPs Convention,
that the Conference consider making a Conference
listing decision with respect to the chemical substance
or mixture in accordance with the proposal; or
``(B) after completion of a technical review of a
proposal to list a chemical substance or mixture on an
Annex of the LRTAP POPs Protocol.
``(2) Notice.--Not later than 45 days after the date on
which a recommendation under paragraph (1) is made or a
technical review described in paragraph (1) is completed, the
Administrator shall--
``(A) publish in the Federal Register a notice of
the recommendation or completion of the technical
review; and
``(B) provide opportunity for comment on the
recommendation or the technical review.
``(3) Required elements.--A notice under paragraph (1)
shall--
``(A) include a summary of the POPs Review
Committee recommendation and the basis for the
recommendation or a summary of the technical review;
``(B) summarize any control measures for the
chemical substance or mixture that are identified by
the POPs Review Committee or in the technical review;
and
``(C) include a statement that any information
submitted will be part of the record used as the basis
for a rulemaking that the Administrator may undertake
under this title.
``(h) Regulations by the Administrator.--
``(1) Chemical substance or mixture listed under pops
convention or lrtap pops protocol.--If the Conference decides
to list a chemical substance or mixture in Annex A or B of the
POPs Convention, or if the parties to the LRTAP POPs Protocol
decide to list a chemical substance or mixture in Annex I or II
to the LRTAP POPs Protocol, the Administrator may commence a
rulemaking to prohibit or restrict the manufacture, processing,
distribution in commerce for export, use, or disposal of the
chemical substance or mixture.
``(2) Criteria for regulations.--
``(A) In general.--If the Administrator decides to
commence a rulemaking to prohibit or restrict the
manufacture, processing, distribution in commerce for
export, use, or disposal of the chemical substance or
mixture, the Administrator shall promulgate
prohibitions or restrictions to protect against
hazards, including exposure, to human health and the
environment associated with the chemical substance or
mixture.
``(B) Criteria.--In determining the appropriate
manner of regulation, the Administrator shall take into
account public health, environmental, and socioeconomic
factors and shall--
``(i) consider--
``(I) the record compiled under
subsections (e), (f), and (g);
``(II) national and international
consequences that are likely to arise
as a result of domestic regulatory
action (including the possible
consequences of using alternative
products or processes);
``(III) alternatives to the
prohibitions or restrictions adopted by
the Conference or the Executive Body
for the newly-listed chemical substance
or mixture that are feasible and
protective of human health and the
environment; and
``(IV) all scientific information--
``(aa) compiled in the
record under subsections (e),
(f), and (g);
``(bb) submitted to the
POPs Review Committee or
Conference by the United States
or any other entity; and
``(cc) submitted to the
Executive Body, or a subsidiary
of the Executive Body, under
the LRTAP POPs Protocol;
taking due account of the scientific
information that is consistent with
generally accepted scientific
principles;
``(ii) in the case of a chemical substance
or mixture listed on Annex A or B of the POPs
Convention, give substantial weight to--
``(I) the POPs Review Committee
recommendation under paragraph 9 of
Article 8 of the POPs Convention;
``(II) the Conference listing
decision;
``(III) the reports that the
Administrator is required to issue
pursuant to subsections (e)(4) and
(f)(5), including any version of the
reports revised to reflect information
received through public comment; and
``(IV) any information that the
United States submits to the POPs
Review Committee or to the Conference
pursuant to Article 8 of the POPs
Convention; and
``(iii) in the case of a chemical substance
or mixture listed on Annex I or II of the LRTAP
POPs Protocol, give substantial weight to--
``(I) any technical review
conducted pursuant to paragraph 2 of
Executive Body Decision 1998/2;
``(II) the LRTAP POPs Protocol
listing decision;
``(III) the reports that the
Administrator is required to issue
pursuant to subsections (e)(4) and
(f)(5), including any version of the
reports revised to reflect information
received through public comment; and
``(IV) any information that the
United States submits to the Executive
Body, or a subsidiary of the Executive
Body, in relation to a technical review
or listing decision.
``(3) Citizen's petition.--
``(A) In general.--Beginning 1 year after the date
on which the Conference listing decision or the LRTAP
POPs Protocol listing decision is made, any person may
petition the Administrator to commence a rulemaking, if
a rulemaking has not commenced as of that date, to
prohibit or restrict the manufacture, processing,
distribution in commerce for export, use, or disposal
of the chemical substance or mixture that the
Conference decides to list in Annex A or B of the POPs
Convention, or that the parties to the LRTAP POPs
Protocol decide to list in Annex I or II of the LRTAP
POPs Protocol.
``(B) Procedure.--
``(i) In general.--A petition under
subparagraph (A) shall describe the facts that
the petitioner believes make it necessary for
the Administrator to commence a rulemaking
under paragraph (2).
``(ii) Proceedings.--
``(I) Availability.--The
Administrator shall publish in the
Federal Register, and make available
electronically, a summary of each
petition received, including the name
of the petitioner.
``(II) Hearings or proceedings.--
The Administrator may hold a public
hearing, or conduct any investigation
or proceeding that the Administrator
considers appropriate, to determine
whether or not a rulemaking should be
commenced.
``(iii) Decision by the administrator.--
``(I) In general.--Not later than
90 days after the date of filing of a
petition under subparagraph (A), the
Administrator shall grant or deny the
petition.
``(II) Grant.--If the Administrator
grants the petition, the Administrator
shall promptly commence a rulemaking
and proceed in accordance with
paragraph (2).
``(III) Denial.--If the
Administrator denies the petition, the
Administrator shall publish in the
Federal Register a statement of the
reasons for the denial.
``(C) Civil action to compel rulemaking.--
``(i) In general.--If the Administrator
denies a petition under subparagraph (A) (or if
the Administrator fails to grant or deny the
petition within the 90-day period specified in
subparagraph (B)(iii)), the petitioner may
bring a civil action in United States district
court to compel the Administrator to commence a
rulemaking as requested in the petition.
``(ii) Timing.--A civil action under clause
(i) shall be brought--
``(I) not later than 60 days after
the date of denial of the petition; or
``(II) if the Administrator fails
to grant or deny the petition within
the 90-day period specified in
subparagraph (B)(iii), not later than
60 days after the expiration of the 90-
day period.
``(iii) Scope of review.--In a civil action
under clause (i), the court shall consider the
petition de novo.
``(iv) Matters for consideration.--If the
Administrator denies a petition, the court
shall take into account public health,
environmental, and socioeconomic factors and
shall--
``(I) consider--
``(aa) the record compiled
under subsections (e), (f), and
(g);
``(bb) national and
international consequences that
are likely to arise as a result
of domestic regulatory action
(including the possible
consequences of using
alternative products or
processes);
``(cc) alternatives to the
prohibitions or restrictions
adopted by the Conference or
the Executive Body for the
newly-listed chemical substance
or mixture that are feasible
and protective of human health
and the environment; and
``(dd) all scientific
information--
``(AA) compiled in
the record under
subsections (e), (f),
and (g);
``(BB) submitted to
the POPs Review
Committee or Conference
by the United States or
any other entity; and
``(CC) submitted to
the Executive Body, or
a subsidiary of the
Executive Body, under
the LRTAP POPs
Protocol;
taking due account of the
scientific information that is
consistent with generally
accepted scientific principles;
``(II) in the case of a chemical
substance or mixture listed on Annex A
or B of the POPs Convention, give
substantial weight to--
``(aa) the POPs Review
Committee recommendation under
paragraph 9 of Article 8 of the
POPs Convention;
``(bb) the Conference
listing decision;
``(cc) the reports that the
Administrator is required to
issue pursuant to subsections
(e)(4) and (f)(5), including
any version of the reports
revised to reflect information
received through public
comment; and
``(dd) any information that
the United States submits to
the POPs Review Committee or to
the Conference pursuant to
Article 8 of the POPs
Convention; and
``(III) in the case of a chemical
substance or mixture listed on Annex I
or II of the LRTAP POPs Protocol, give
substantial weight to--
``(aa) any technical review
conducted pursuant to paragraph
2 of Executive Body Decision
1998/2;
``(bb) the LRTAP POPs
Protocol listing decision;
``(cc) the reports that the
Administrator is required to
issue pursuant to subsections
(e)(4) and (f)(5), including
any version of the reports
revised to reflect information
received through public
comment; and
``(dd) any information that
the United States submits to
the Executive Body, or a
subsidiary of the Executive
Body, in relation to a
technical review or listing
decision.
``(v) Order to commence rulemaking.--The
court shall order the Administrator to commence
a rulemaking in accordance with paragraph (2)
if the court determines that--
``(I) regulatory action to control
the manufacture, processing,
distribution in commerce for export,
use, or disposal of a chemical
substance or mixture listed in Annex A
or B of the POPs Convention or Annex I
or II of the LRTAP POPs Protocol is
necessary to protect against hazards,
including exposure, to human health and
the environment associated with the
chemical substance or mixture; and
``(II) the Administrator has not
taken action in accordance with
paragraph (2).
``(vi) Costs.--In issuing any final order
in a civil action under clause (i), the court
may award costs of suit and reasonable fees for
attorneys and expert witnesses if the court
determines that such an award is appropriate.
``(vii) Savings clause.--The remedies under
this section shall be in addition to, and not
in lieu of, other remedies provided by law.
``(4) Deadline for regulations.--
``(A) In general.--Not later than 18 months after
commencing a rulemaking under this subsection, the
Administrator shall--
``(i) promulgate final regulations
prohibiting or restricting the manufacture,
processing, distribution in commerce for
export, use, or disposal of the chemical
substance or mixture to be listed in Annex A or
B to the POPs Convention or Annex I or II of
the LRTAP POPs Protocol; or
``(ii) decide not to promulgate a final
rule.
``(B) Decision not to promulgate.--If the
Administrator decides not to commence or promulgate a
final rule, the Administrator shall publish within 30
days a statement in the Federal Register explaining the
reasons for not promulgating or commencing the final
rule.
``(5) Sole procedure.--
``(A) In general.--No other rulemaking procedure
under this Act shall apply to regulations promulgated
under this section.
``(B) Rulemaking.--Regulations promulgated by the
Administrator under this title shall comply with
section 553 of title 5, United States Code (without
regard to any reference in that section to sections 556
and 557 of that title).
``(6) No effect on other authority.--Nothing in this
subsection affects the authority of the Administrator to
regulate a chemical substance or mixture under any other law or
any other provision of this Act.
``(7) Interim statement.--
``(A) Applicability.--This paragraph applies if the
Administrator has not commenced a rulemaking under
paragraph (2) by the date that is 1 year after the date
on which--
``(i) a decision is made by the Conference
to list a chemical substance or mixture in
Annex A or B of the POPs Convention; or
``(ii) a decision is made by the parties to
the LRTAP POPs Protocol to list a chemical
substance or mixture in Annex I or II to the
LRTAP POPs Protocol.
``(B) Statement.--If the Administrator has not
commenced a rulemaking as described in subparagraph
(A), the Administrator shall publish annually in the
Federal Register a statement that--
``(i) describes the actions taken by the
Administrator with respect to the listing
decision; and
``(ii) characterizes actions likely to be
taken by the Administrator with respect to the
commencement of a rulemaking under paragraph
(2).
``(i) Harmonization of POPs Convention and LRTAP POPs Protocol.--
``(1) In general.--If a chemical substance or mixture is
both a POPs chemical substance or mixture and a LRTAP POPs
chemical substance or mixture, in the case of a conflict
between a provision of this section applicable to a POPs
chemical substance or mixture and a provision of this section
applicable to a LRTAP POPs chemical substance or mixture, the
more stringent provision shall apply, as determined by the
Administrator with the concurrence of the Secretary of State.
``(2) Application.--In the case of chemical substance or
mixture described in paragraph (1), this section shall be
applied in such a manner as to ensure that the United States is
in compliance with the POPs Convention and the LRTAP POPs
Protocol with respect to the chemical substance or mixture.
``SEC. 503. NOTICE AND RECORD OF PROHIBITIONS, EXEMPTIONS,
DISALLOWANCES, AND OTHER INFORMATION.
``(a) In General.--The Administrator--
``(1) shall publish in the Federal Register timely notice
concerning--
``(A) the POPs chemical substances and mixtures or
the LRTAP POPs chemical substances and mixtures,
subject to the prohibitions specified in section 502;
``(B) any exemptions from the prohibitions
authorized under section 502, including the effective
date on which the exemptions are no longer authorized;
``(C) in the case of a LRTAP POPs chemical
substance or mixture, any disallowances of exemptions
under section 502(d)(5); and
``(D) in the case of a POPs chemical substance or
mixture, a list of any importing foreign states from
which the Administrator has received a nonparty
certification under section 502(c)(7)(D); and
``(2) may include in the notice any other information that
the Administrator determines to be necessary to ensure adequate
notice of the requirements of--
``(A) this section;
``(B) the POPs Convention; or
``(C) the LRTAP POPs Protocol.
``(b) Integration With FIFRA Information.--The Administrator
shall--
``(1) maintain a record that integrates the information in
the notice published under subsection (a) with any information
published under section 17(g) of the Federal Insecticide,
Fungicide and Rodenticide Act (7 U.S.C. 136o(e));
``(2) update the record as necessary; and
``(3) make the record publicly available.
``(c) Disclosure of Data.--Any information provided to or otherwise
obtained by the Administrator (or any representative of the
Administrator) under this title shall be subject to section 14 of this
Act.
``SEC. 504. INTERNATIONAL CONVENTIONS AND COOPERATION IN INTERNATIONAL
EFFORTS.
``In cooperation with the Secretary of State and the head of any
other appropriate Federal agency, the Administrator shall--
``(1) participate and cooperate in any international
efforts to develop improved research and regulations on
chemical substances and mixtures; and
``(2) participate in technical cooperation and capacity
building activities designed to support implementation of--
``(A) the LRTAP POPs Protocol;
``(B) the PIC Convention; and
``(C) the POPs Convention.
``SEC. 505. EXPORTS.
``(a) Requirements for Exports.--In the case of a chemical
substance or mixture identified by the Administrator as listed on Annex
III of the PIC Convention in a notice issued under subsection (d)(3),
any person that distributes in commerce the chemical substance or
mixture for export shall comply with any export conditions or
restrictions identified by the Administrator in the notice.
``(b) Pre-Export Notices.--
``(1) In general.--
``(A) Requirement.--In the case of--
``(i) a chemical substance or mixture that
the Administrator determines to be banned or
severely restricted under subsection (d)(1);
``(ii) a chemical substance or mixture
identified by the Administrator in a notice
issued under subsection (d)(3); or
``(iii) a POPs chemical substance or
mixture allowed to be exported under paragraph
(7) or (8) of section 502(c);
the exporter of the chemical substance or mixture shall
provide to the Administrator notice of the intent of
the exporter to export the chemical substance or
mixture.
``(B) Timing of notice for banned or severely
restricted chemical substances or mixtures.--
``(i) First export.--In the case of a first
export that an exporter makes from the
territory of the United States to each
importing foreign state after the Administrator
issues a notice under subsection (d)(1), the
exporter shall provide the notice so that the
Administrator receives the notice not earlier
than 30 nor later than 15 calendar days before
the date of export.
``(ii) Subsequent exports.--In the case of
subsequent exports to the importing foreign
state in the calendar year subsequent to the
notification provided under clause (ii), the
exporter shall provide the notice so that the
Administrator receives the notice not earlier
than 30 nor later than 15 calendar days before
the date of the first export in each calendar
year.
``(C) Timing of pre-export notice for chemical
substances or mixtures listed on annex iii of the pic
convention.--
``(i) First export.--In the case of a first
export that an exporter makes from the
territory of the United States to each
importing foreign state after the Administrator
notifies the public under subsection (d)(3),
the exporter shall provide the notice so that
the Administrator receives the notice not
earlier than 30 nor later than 15 calendar days
before the date of export.
``(ii) Subsequent exports.--In the case of
subsequent exports by the exporter to the
importing foreign state in a calendar year
subsequent to the notification provided under
clause (i), the exporter shall provide the
notice so that the Administrator receives the
notice not earlier than 30 nor later than 15
calendar days before the date of the first such
subsequent export in each calendar year.
``(iii) Changed circumstances meriting new
notice.--If conditions or restrictions imposed
by the importing foreign state change and the
Administrator notifies the public of the change under subsection
(d)(3), or if an earlier pre-export notice no longer applies, the
exporter shall provide the notice so that the Administrator receives
the notice not earlier than 30 nor later than 15 calendar days before
the date of export.
``(D) Timing of pre-export notice for chemical
substances or mixtures allowed to be exported under
paragraph (7) or (8) of section 502(c).--
``(i) First export of the calendar year.--
In the case of the first export that an
exporter makes from the territory of the United
States to each importing foreign state of a
chemical substance or mixture exported under
paragraph (7) or (8) of section 502(c), the
exporter shall provide the notice so that the
Administrator receives the notice not earlier
than 30 nor later than 15 calendar days before
the date of the first export.
``(ii) Subsequent exports.--In the case of
subsequent exports by the exporter to the
importing foreign state in a calendar year
subsequent to the notification provided under
clause (i) to the importing foreign state, the
exporter shall provide the notice so that the
Administrator receives the notice not earlier
than 30 nor later than 15 calendar days before
the date of the first such subsequent export in
each calendar year.
``(iii) Changed circumstances meriting new
notice.--If the information provided in an
earlier pre-export notice is no longer
accurate, the exporter shall provide the notice
so that the Administrator receives the notice
not earlier than 30 nor later than 15 calendar
days before the date of export.
``(2) Later notices.--Notwithstanding subparagraphs (B),
(C), and (D) of paragraph (1), the Administrator may permit an
exporter to provide a notice under paragraph (1) so that the
Administrator receives the notice less than 15 days before the
date of an export if the Administrator determines, based on the
experience of the Administrator with the notification program,
that the Administrator is able to administer notice activities
in accordance with the PIC Convention despite the shortened
notice period.
``(3) Content of pre-export notices.--
``(A) Notices under paragraph (1)(b).--A notice
under paragraph (1)(B) shall include--
``(i) the name and address of the exporter;
``(ii) the name and address of the
appropriate designated national authority of
the United States;
``(iii) the name and address of the
appropriate designated national authority of
the importing foreign state, if available;
``(iv) the name and address of the
importer;
``(v) the name of the chemical substance or
mixture for which the notice is required;
``(vi) the expected date of export;
``(vii) any information relating to the
foreseen uses of the chemical substance or
mixture, if known, in the importing foreign
state;
``(viii) any information on precautionary
measures to reduce exposure to, and emission
of, the chemical substance or mixture;
``(ix) any information relating to the
concentration of the chemical substance or
mixture; and
``(x) any other information specified in
Annex V to the PIC Convention.
``(B) Notices under paragraph (1)(c).--A notice
under paragraph (1)(C) shall include--
``(i) all of the information required to be
included under subparagraph (A);
``(ii) any information relating to export
conditions or restrictions identified by the
Administrator in the notice issued under
subsection (d)(3) with respect to the chemical
substance or mixture;
``(iii) a general description of the manner
in which the export complies with those
conditions; and
``(iv) any other information that the
Administrator determines to be necessary for
effective enforcement of the export conditions
or restrictions applicable to the chemical
substance or mixture.
``(C) Notices under paragraph (1)(d).--A notice
submitted to the Administrator under paragraph (1)(D)
shall include--
``(i) the name and address of the exporter;
``(ii) the name and address of the
importer;
``(iii) a specification of the identity of
the POPs chemical substance or mixture;
``(iv) a general description of how the
export complies with the conditions under
paragraph (7) or (8) of section 502(c); and
``(v) such other information as the
Administrator determines to be necessary for
enforcement of the export-related obligations
of the POPs Agreement applicable to the
chemical substance or mixture.
``(4) Pre-export notices accompanying each export.--An
exporter shall ensure that a copy of the most recent applicable
pre-export notice accompanies each shipment for export and is
available for inspection at the border of--
``(A) any chemical substance or mixture that the
Administrator has identified under subsection (d)(3) as
being listed on Annex III of the PIC Convention; or
``(B) any POPs chemical substance or mixture that
is exported under paragraph (7) or (8) of section
502(c).
``(5) Retention of pre-export notices.--An exporter
required to provide a notice under subparagraph (C) or (D) of
paragraph (1) shall maintain a copy of the notice and other
documents used to generate the notice on site and readily
available for a period of not less than 3 years beginning on
the date on which the notice is provided.
``(c) Labeling Requirements.--
``(1) In general.--In the case of any chemical substance or
mixture that is the subject of a notice issued under paragraph
(1) or (3) of subsection (d) and that is manufactured,
processed, or distributed in commerce for export, the chemical
substance or mixture shall, in accordance with the PIC
Convention--
``(A) bear labeling information relating to risks
or hazards to human health or the environment; and
``(B) be accompanied by shipping documents that
include any relevant safety data sheets on the chemical
substance or mixture.
``(2) Custom codes.--A chemical substance or mixture that
is the subject of a notice issued under subsection (d)(3) and
that is distributed or sold for export shall be accompanied by
shipping documents that bear, at a minimum, any appropriate
harmonized system customs codes assigned by the World Customs
Organization.
``(d) Notice Requirements and Exemption.--
``(1) Determination whether chemical substance or mixture
is banned or severely restricted.--
``(A) In general.--The Administrator, with the
concurrence of the Secretary of State, shall determine
whether a chemical substance or mixture is banned or
severely restricted within the United States (as those
terms are defined by the PIC Convention).
``(B) Notice of determinations.--Notwithstanding
any other provision of law, the Administrator shall
issue to the Secretariat of the PIC Convention and the
public a notice of each determination under
subparagraph (A) that includes--
``(i) in the case of a notice to the
Secretariat of the PIC Convention, the
information specified in Annex I to the PIC
Convention; and
``(ii) in the case of a notice to the
public, at a minimum, a summary of that
information.
``(2) Notice to foreign countries.--
``(A) In general.--Notwithstanding any other
provision of law, on receipt of a notice of intent to
export under subsection (b)(1)(B), the Administrator
shall provide a copy of the notice to the designated
national authority of the importing foreign state.
``(B) Nonidentified designated national
authority.--In a case in which a designated national
authority has not been identified, the Administrator
shall provide the notice of intent to export to any
other appropriate official of the importing foreign
state, as identified by the Administrator.
``(3) Notice to public.--
``(A) In general.--The Administrator, with the
concurrence of the Secretary of State, shall issue a
notice to inform the public of--
``(i) any chemical substance or mixture
that is listed on Annex III to the PIC
Convention; and
``(ii) any condition or restriction of an
importing foreign state that is applicable to
the import, in accordance with the PIC
Convention, of the chemical substance or
mixture.
``(B) Timing.--A notice required under subparagraph
(A) shall be issued not later than 90 days after, and
any conditions or restrictions described in
subparagraph (A)(ii) shall take effect not later than
180 days after, the date of receipt of a notice from
the Secretariat of the PIC Convention who--
``(i) transmits import decisions of the
parties to the PIC Convention; or
``(ii) provides notice of the failure of
the parties to provide import decisions.
``(C) Treatment of conditions and restrictions.--A
condition or restriction identified by a notice
required under subparagraph (A) shall be considered to
be an export condition or restriction for the purpose
of subsection (a).
``(4) Notice of exemption.--The Administrator may issue a
notice exempting any chemical substance or mixture from the
requirements of subsections (a) through (c) and this subsection
if the Administrator determines, with the concurrence of the
Secretary of State, that the exemption would be consistent with
the PIC Convention.
``(5) Integration with other notices.--To the maximum
extent practicable, the Administrator shall integrate the
information contained in any notice issued under this
subsection into any notice published under--
``(A) section 12(b);
``(B) section 502; or
``(C) section 17(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136o(g)).
``(e) Regulations.--The Administrator may promulgate such
regulations as the Administrator determines to be necessary--
``(1) to facilitate implementation of this section;
``(2) to ensure compliance with the PIC Convention, the
POPs Convention, and the LRTAP POPs Protocol; and
``(3) to allow the pre-export notice requirement under this
section and any pre-export notice requirement in other
provisions of this Act or in any other Federal law to be
satisfied by a single notice.
``(f) Harmonization of POPs Convention and PIC Convention.--
``(1) In general.--If the export of a chemical substance or
mixture is addressed or restricted under both section 502 and
this section, that section and this section shall apply to the
chemical substance or mixture.
``(2) Conflict.--In the case of a conflict between section
502 and this section with respect to a chemical substance or
mixture, the more stringent provision shall govern.
``(3) Application.--With respect to a chemical substance or
mixture, section 502 and this section shall be applied in such
a manner as to ensure that the United States is in compliance
with both the POPs Convention and the PIC Convention with
respect to the chemical substance or mixture.
``SEC. 506. JUDICIAL REVIEW.
``(a) Definition of Rulemaking Record.--In this section, the term
`rulemaking record' means--
``(1) a regulation reviewed under this section;
``(2) any determination required under section 502(h);
``(3) any written submission of interested parties relating
to the promulgation of a regulation under section 502(h);
``(4)(A) in the case of a POPs chemical substance or
mixture, the international listing process and Conference
listing decision; or
``(B) in the case of a LRTAP POPs chemical substance or
mixture, the LRTAP POPs listing decision;
``(5) comments on the proposed regulation; and
``(6) any other information that the Administrator--
``(A) determines to be relevant to the regulation;
and
``(B) identifies on or before the date of
promulgation of the regulation.
``(b) Judicial Review.--
``(1) In general.--Not later than 60 days after the date of
promulgation of a regulation under this title, any person may
file a petition for judicial review of the regulation with--
``(A) the United States Court of Appeals for the
District of Columbia; or
``(B) the United States court of appeals for the
circuit in which the person resides or maintains a
principal place of business.
``(2) Jurisdiction.--The United States courts of appeals
shall have exclusive jurisdiction of any action to obtain
judicial review (other than in an enforcement proceeding) of a
regulation promulgated under this title if any United States
district court would have had jurisdiction of the action but
for this paragraph.
``(3) Copies.--The clerk of the court with which a petition
is filed under this subsection shall submit to the
Administrator and the Attorney General copies of the petition.
``(4) Rulemaking proceedings.--With respect to an action to
obtain judicial review under this subsection, section 2112 of
title 28, United States Code, shall apply to--
``(A) the filing of the record of proceedings for a
rulemaking on which the Administrator based the
regulation; and
``(B) any transfer of proceedings between United
States courts of appeals.
``(c) Standard of Review.--Section 706 of title 5, United States
Code, shall apply to the review of a regulation under this section.
``(d) Fees and Costs.--The decision of the court in an action
commenced under subsection (b), or of the Supreme Court of the United
States on review of such a decision, may include an award of costs
relating to the action (including reasonable fees for attorneys and
expert witnesses) if the court determines that such an award is
appropriate.
``(e) Other Remedies.--The remedies provided under this section
shall be in addition to and not in lieu of remedies provided under any
other provision of law.''.
SEC. 102. EXPORTS.
Section 12(a)(1) of the Toxic Substances Control Act (15 U.S.C.
2611(a)(1)) is amended by striking ``(other than section 8)'' and
inserting ``(other than section 8 or title V)''.
SEC. 103. PROHIBITED ACTS.
Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is
amended to read as follows:
``SEC. 15. PROHIBITED ACTS.
``It shall be unlawful for any person to--
``(1) fail or refuse to comply with--
``(A) any rule promulgated or order issued under
section 4;
``(B) any requirement prescribed by section 5 or 6;
``(C) any rule promulgated or order issued under
section 5 or 6;
``(D) any requirement of title II;
``(E) any rule promulgated or order issued under
title II;
``(F) any requirement of title V; or
``(G) any rule promulgated under title V;
``(2) use for commercial purposes a chemical substance or
mixture that the person knew or had reason to know was
manufactured, processed, or distributed in commerce for export
in violation of--
``(A) section 5 or 6;
``(B) a rule promulgated or order issued under
section 5 or 6;
``(C) an order issued in a civil action brought
under section 5 or 7;
``(D) title V; or
``(E) a rule promulgated under title V;
``(3) fail or refuse to establish or maintain records,
submit reports, notices, or other information, or permit access
to or copying of records as required by this Act (including
regulations promulgated under this Act); or
``(4) fail or refuse to permit entry or inspection as
required under section 11.''.
SEC. 104. CONFORMING AMENDMENTS.
(a) Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610)
is amended in subsections (a) and (b) by striking ``title IV'' each
place it appears and inserting ``title IV or V''.
(b) Section 13(a)(1) of the Toxic Substances Control Act (15 U.S.C.
2612(a)(1)) is amended by striking subparagraph (B) and inserting the
following:
``(B) it is offered for entry in violation of--
``(i) section 5 or 6;
``(ii) title IV or V;
``(iii) a rule or order issued under
section 5 or 6 or title IV or V; or
``(iv) an order issued in a civil action
brought under section 5 or 6 or title IV.''.
(c) Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615)
is amended by striking ``section 15 or 409'' each place it appears and
inserting ``section 15, section 409, or title V''.
(d) Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616)
is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``section 15 or 409,'' and inserting ``section
15, section 409, or title V;'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) restrain any person from taking any action
prohibited by section 5 or 6, or title IV or V (or a
rule or order issued under any of those sections or
titles);'';
(iii) in subparagraph (C), by striking the
comma at the end and inserting a semicolon; and
(iv) in subparagraph (D)--
(I) by striking ``title IV
manufactured'' and inserting ``title IV
or V manufactured''; and
(II) by striking ``section 5, 6, or
title IV'' each place it appears and
inserting ``section 5 or 6, or title IV
or V''; and
(B) in paragraph (2), by inserting ``or title V''
after ``section 15''; and
(2) in the first sentence of subsection (b), by inserting
``or V'' after ``title IV''.
(e) Section 18(a)(2) of the Toxic Substances Control Act (15 U.S.C.
2617(a)(2)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) no State or political subdivision may
establish or continue in effect any requirement that is
applicable to--
``(i) a POPs Chemical substance or mixture
or LRTAP POPs chemical substance or mixture (as
defined in title V); or
``(ii) a chemical substance or mixture that
the Administrator regulates under section
502(h).''.
(f) Section 20(a)(1) of the Toxic Substances Control Act (15 U.S.C.
2619(a)(1)) is amended by striking ``title II or IV'' each place it
appears and inserting ``title II, IV, or V''.
Calendar No. 481
108th CONGRESS
2d Session
S. 1486
[Report No. 108-256]
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act and the Federal Insecticide,
Fungicide, and Rodenticide Act to implement the Stockholm Convention on
Persistent Organic Pollutants, the Protocol on Persistent Organic
Pollutants to the Convention on Long-Range Transboundary Air Pollution,
and the Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade.
_______________________________________________________________________
April 29, 2004
Reported with an amendment