[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4935 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4935

To amend the Toxic Substances Control Act and the Federal Insecticide, 
                    Fungicide, and Rodenticide Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2002

     Mr. Gillmor (for himself and Mr. Goodlatte) (both by request) 
 introduced the following bill; which was referred to the Committee on 
 Energy and Commerce, and in addition to the Committee on Agriculture, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Toxic Substances Control Act and the Federal Insecticide, 
                    Fungicide, and Rodenticide Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENT TO THE TOXIC SUBSTANCES CONTROL ACT.

    (a) Amendment of Section 3.--Section 3 of the Toxic Substances 
Control Act (15 U.S.C. 2602) is amended by adding at the end the 
following paragraphs:
    ``(15) The term `POPs Convention' means the Stockholm Convention on 
Persistent Organic Pollutants to which the United States is a Party.
    ``(16) The terms `Annex A' means Annex A to the POPs Convention.
    ``(17) The terms `Annex B' means Annex B to the POPs Convention.
    ``(18) The terms `Annex C' means Annex C to the POPs Convention.
    ``(19) The terms `Annex D' means Annex D to the POPs Convention.
    ``(20) The terms `Annex E' means Annex E to the POPs Convention.
    ``(21) The terms `Annex F' means Annex F to the POPs Convention.
    ``(22) The term `POPs Chemical Substance or Mixture' means any 
chemical substance or mixture that is listed on Annex A or Annex B for 
which any applicable provision of the POPs Convention has entered into 
force for the United States pursuant to Article 22, paragraph 4 of the 
POPs Convention.
    ``(23) The term `POPRC' means the Persistent Organic Pollutant 
Review Committee established pursuant to Article 19, paragraph 6 of the 
POPs Convention.
    ``(24) The term `COP' means the Conference of the Parties 
established by Article 19, paragraph 1 of the POPs Convention.
    ``(25) The term `LRTAP POPs Protocol' means the Protocol to the 
1979 Convention on Long-Range Transboundary Air Pollution on Persistent 
Organic Pollutants to which the United States is a Party.
    ``(26) The term `Annex I' means Annex I to the LRTAP POPs Protocol.
    ``(27) The term `Annex II' means Annex II to the LRTAP POPs 
Protocol.
    ``(28) The term `Annex III' means Annex III to the LRTAP POPs 
Protocol.
    ``(29) The term `LRTAP POPs Chemical Substance or Mixture' means 
any chemical substance or mixture that is listed on Annex I or Annex II 
for which any applicable provision in the LRTAP POPs Protocol has 
entered into force for the United States pursuant to Article 14, 
paragraph 3 of the LRTAP POPs Protocol.
    ``(30) The term `Executive Body' means the Executive Body 
established by Article X of the 1979 Convention on Long-Range 
Transboundary Air Pollution.
    ``(31) The term `PIC Convention' means the Convention on the Prior 
Informed Consent Procedure for Certain Hazardous Chemicals and 
Pesticides in International Trade to which the United States is a 
Party.
    ``(32) The term `designated national authority' means the authority 
or authorities that a government has designated in a notification to 
the PIC Convention Secretariat in accordance with the PIC 
Convention.''.
    (b) Amendment of Section 6.--Section 6 of the Toxic Substances 
Control Act (15 U.S.C. 2605) is amended by adding at the end the 
following subsections:
    ``(f) POPs Convention.--
            ``(1) Prohibitions.--Notwithstanding any other provision of 
        law, except as provided in paragraph (2) of this subsection and 
        subsection (h) of this section and consistent with the POPs 
        Convention, all manufacture, processing, distribution in 
        commerce, use, or disposal of the following POPs Chemical 
        Substances or Mixtures is prohibited: Aldrin, Chlordane, 
        Dieldrin, Endrin, Heptachlor, Hexachlorobenzene, Mirex, 
        Toxaphene, polychlorinated biphenyls (PCBs), and DDT.
            ``(2) Exemptions.--To the extent consistent with the POPs 
        Convention, the prohibitions in paragraph (1) of this 
        subsection shall not apply to any of the following:
                    ``(A) Any quantities of a POPs Chemical Substance 
                or Mixture occurring as unintentional trace 
                contaminants in products and articles.
                    ``(B) Any quantities of a POPs Chemical Substance 
                or Mixture to be used for laboratory scale research or 
                as a reference standard.
                    ``(C) Any quantities of a POPs Chemical Substance 
                or Mixture occurring as constituents of articles 
                (except to PCB articles, which can continue to be used 
                in accordance with Annex A and Article 3, paragraph 6 
                of the POPs Convention), provided that (i) the articles 
                were manufactured or already in use before or on the 
                date of entry into force of the obligation relevant to 
                that chemical substance or mixture, and (ii) the 
                Administrator has met any applicable requirements of 
                the POPs Convention to notify the Secretariat of the 
                POPs Convention regarding such articles.
                    ``(D) Any quantities of a POPs Chemical Substance 
                or Mixture manufactured and used as a closed-system 
                site-limited intermediate if, prior to the initiation 
of such manufacture or use under the POPs Convention, and every 10 
years thereafter--
                            ``(i) any person wishing to invoke the 
                        exemption has provided the Administrator (I) 
                        information on the annual total quantities of 
                        the POPs Chemical Substances or Mixture 
                        anticipated to be manufactured or used or a 
                        reasonable estimate of such quantities, and 
                        (II) information regarding the nature of the 
                        closed-system site-limited process, including 
                        the amount of any non-transformed and 
                        unintentional trace contamination of the POPs 
                        Chemical Substance or Mixture starting material 
                        in the final product; and
                            ``(ii) notwithstanding any other provision 
                        of law, the Administrator has determined, with 
                        the concurrence of the Secretary of State, that 
                        the provided information is complete and 
                        sufficient and has transmitted such information 
                        to the Secretariat of the POPs Convention.
                If, at the termination of any 10-year exemption period, 
                the United States is no longer allowed to take 
                advantage of the closed-system site-limited 
                intermediate exemption for a POPs Chemical Substance or 
                Mixture under the POPs Convention, it shall be unlawful 
                for any person to continue to manufacture or use the 
                POPs Chemical Substance or Mixture as a closed-system 
                site limited intermediate.
                    ``(E) Any PCB materials as described in Part II of 
                Annex A so long as such PCB materials are handled in 
                accordance with the POPs Convention and in particular 
                with Annex A.
                    ``(F) Any distribution in commerce for export of 
                any POPs Chemical Substance or Mixture with an Annex A 
                production or use specific exemption in effect or with 
                an Annex B production or use specific exemption or 
                acceptable purpose in effect, provided that the 
                chemical substance or mixture complies with one of the 
                following export conditions:
                            ``(i) The chemical substance or mixture is 
                        exported for the purpose of environmentally 
                        sound disposal as set forth in paragraph 1(d) 
                        of Article 6 of the POPs Convention.
                            ``(ii) The chemical substance or mixture is 
                        exported to a Party to the POPs Convention that 
                        is permitted to use that chemical substance or 
                        mixture under Annex A or Annex B.
                            ``(iii) The chemical substance or mixture 
                        is exported to an importing foreign state that 
                        is not a party to the POPs Convention for that 
                        chemical substance or mixture and that has 
                        provided an annual certification to the 
                        Administrator. This annual certification, 
                        consistent with Article 3, paragraph 2(b)(iii) 
                        of the POPs Convention, shall specify the 
                        intended use of the chemical substance or 
                        mixture and state that, with respect to that 
                        chemical substance or mixture, the importing 
                        foreign state that is not a party is committed 
                        to: (I) protecting human health and the 
                        environment by taking the necessary measures to 
                        minimize or prevent releases; (II) complying 
                        with provisions of paragraph 1 of Article 6 of 
                        the POPs Convention; and (III) complying, where 
                        appropriate, with the provisions of paragraph 2 
                        of Part II of Annex B. The Administrator shall 
                        submit a copy of each such annual certification 
                        to the Secretariat of the POPs Convention 
                        within 60 days of receiving it.
                Any determination by the Administrator that one or more 
                of the conditions set forth in this subparagraph is not 
                met shall be made in cooperation with other interested 
                Federal agencies. ---
                    ``(G) Any distribution in commerce for export only 
                for the purpose of environmentally sound disposal as 
                set forth in paragraph 1(d) of Article 6 of the POPs 
                Convention, of a POPs Chemical Substance or Mixture 
                listed on Annex A for which no production or use 
                specific exemptions remain in effect for any Party to 
                the POPs Convention.
                    ``(H) Any distribution in commerce of quantities of 
                a POPs Chemical Substance or Mixture imported for the 
                purpose of environmentally sound disposal as set forth 
                in paragraph 1(d) of Article 6 of the POPs Convention.
                    ``(I) Any quantities of a POPs Chemical Substance 
                or Mixture, including products or articles consisting 
                of, containing or contaminated with a POPs Chemical 
                Substance or Mixture, that have become wastes and, upon 
                becoming wastes, are managed in a manner consistent 
                with the Article 6 of the POPs Convention.
        Nothing in this paragraph shall allow manufacture, processing, 
        distribution in commerce, use, or disposal of a POPs Chemical 
        Substance or Mixture that is not otherwise allowed under 
        domestic law.
            ``(3) Certification statement accompanying pops chemical 
        substances or mixtures.--POPs Chemical Substances or Mixtures 
        shall be accompanied by a Certification Statement when 
        distributed in commerce under paragraph (2)(B), (2)(E), (2)(F), 
        (2)(G), (2)(H) or (2)(I) of this subsection or any combination 
        of the foregoing. This Certification Statement must be prepared 
        by the manufacturer or processor of the substance or mixture. 
        If there is no Certification Statement accompanying the 
        substance or mixture, a Certification Statement meeting the 
        requirements of this paragraph shall be prepared by the person 
        who distributes the substance or mixture in commerce and shall 
        accompany the substance or mixture when it is distributed in 
        commerce. Such Certification Statement shall include the amount 
and identity of the chemical substance or mixture, the basis for 
application of the enumerated provision(s), and any other information 
the Administrator determines, pursuant to notice and comment 
rulemaking, is necessary for effective enforcement of this provision. 
Any person who distributes in commerce the substance or mixture shall 
ensure that the Certification Statement accompanies the substance or 
mixture when it is distributed in commerce, and that the distribution 
in commerce is consistent with the Certification Statement. A copy of 
the Certification Statement shall be maintained by the person preparing 
such Certification Statement for 3 years from the date the 
Certification Statement is prepared. The Administrator may promulgate 
such rules, as necessary, to facilitate implementation of this 
provision, to harmonize this certification requirement with other 
certification requirements in this Act so as to avoid multiple 
certification statements accompanying the same chemical, and to ensure 
compliance with the POPs Convention.
    ``(g) LRTAP POPs Protocol.--
            ``(1) Prohibitions.--Notwithstanding any other provision of 
        law, except as provided in subsection (g)(2) or subsection (h) 
        of this section and consistent with the LRTAP POPs Protocol, 
        all manufacture, processing, distribution in commerce and use 
        of the following LRTAP POPs Chemical Substances or Mixtures is 
        prohibited: Aldrin, Chlordane, Dieldrin, Endrin, Heptachlor, 
        Hexachlorobenzene, Mirex, Toxaphene, DDT, PCBs, Chlordecone, 
        Hexabromobiphenyl, and HCH.
            ``(2) Exemptions.--(A) To the extent consistent with the 
        LRTAP POPs Protocol, the manufacture, processing, distribution 
        in commerce or use prohibitions in paragraph (1) of this 
        subsection shall not apply to any of the following:
                    ``(i) Quantities of a LRTAP POPs Chemical Substance 
                or Mixture to be used for laboratory scale research or 
                as a reference standard.
                    ``(ii) Quantities of a LRTAP POPs Chemical 
                Substance or Mixture occurring as contaminants in 
                products.
                    ``(iii) Quantities of a LRTAP POPs Chemical 
                Substance or Mixture in an article manufactured or in 
                use on or before the entry into force of any obligation 
                in the LRTAP POPs Protocol relevant to that LRTAP POPs 
                Chemical Substance or Mixture.
                    ``(iv) Quantities of a LRTAP POPs Chemical 
                Substance or Mixture when occurring as site limited 
                chemical intermediates in the manufacture of one or 
                more different substances and that are thus chemically 
                transformed.
                    ``(v) Quantities of HCH so long as any production 
                and use complies with the restrictions and conditions 
                specified for HCH in Annex II of the LRTAP POPs 
                Protocol.
                    ``(vi) Quantities of a LRTAP POPs Chemical 
                Substance or Mixture that have become wastes and that, 
                upon becoming wastes, are disposed of in an 
                environmentally sound manner in accordance with 
                paragraph 1(b) of the LRTAP POPs Protocol.
                    ``(vii) Any PCB materials as described in Annex II 
                so long as such PCB materials are handled in accordance 
                with the LRTAP POPs Protocol and in particular with 
                Annex II.
            ``(B) The Administrator, with the concurrence of the 
        Secretary of State, may grant an exemption from the 
        prohibitions in paragraph (1) that is consistent with 
        exemptions allowed under Article 4, paragraph 2 of the LRTAP 
        POPs Protocol. In addition, any person may petition the 
        Administrator for an exemption from the prohibitions in 
        paragraph (1) that is consistent with exemptions allowed under 
        Article 4, paragraph 2 of the LRTAP POPs. Any such petition 
        shall, at a minimum, contain information related to each 
        finding, if any, that the Administrator shall make according to 
        the terms of the LRTAP POPs Protocol before granting the 
        exemption, and any additional information, if any, that the 
        Administrator is required to provide to the Secretariat of the 
        LRTAP POPs Protocol regarding a granted exemption. The 
        Administrator, with the concurrence of the Secretary of State, 
        shall grant the petition with conditions or limitations 
        necessary to meet any requirement of the LRTAP POPs Protocol or 
        any other provision of law, or deny the petition. The 
        Administrator may grant an exemption only to the extent that it 
        is allowed for the United States under, and is otherwise 
        consistent with, the terms of the LRTAP POPs Protocol. 
        Notwithstanding any other provision of law, if the 
        Administrator grants such an exemption, the Administrator, 
        within 90 days of granting the exemption, shall provide the 
        Secretariat of the LRTAP POPs Protocol with the information 
        specified in paragraph 3 of Article 4 of the LRTAP POPs 
        Protocol. If, after an exemption has been granted under this 
        subparagraph, the exemption is no longer allowed for the United 
        States under the LRTAP POPs Protocol, it shall be unlawful for 
        any person to continue to distribute, sell, produce, or use, a 
        LRTAP POPs Chemical Substance or Mixture in the manner allowed 
        by the exemption.
        Nothing in this paragraph shall allow manufacture, processing, 
        distribution in commerce or use of a LRTAP POPs Chemical 
        Substance or Mixture that is not otherwise allowed under 
        domestic law.
            ``(3) Certification statement accompanying lrtap pops 
        chemical substances or mixtures.--LRTAP POPs Chemical 
        Substances or Mixtures shall be accompanied by a Certification 
        Statement when distributed in commerce under subparagraph 
        (A)(i), (A)(vi), (A)(vii) or (B) of paragraph (2) of this 
        subsection. This Certification Statement shall be prepared by 
        the manufacturer or processor of the substance or mixture. If 
        there is no Certification Statement accompanying the substance 
        or mixture, a Certification Statement meeting the requirements 
        of this paragraph shall be prepared by any person who 
        distributes the substance or mixture in commerce and shall 
        accompany the substance or mixture when it is distributed in 
        commerce. Such Certification Statement shall include the amount 
and identity of the chemical substance or mixture, the basis for 
application of the enumerated provision(s), and any other information 
the Administrator determines, pursuant to notice and comment 
rulemaking, is necessary for effective enforcement of this provision. 
Any person who distributes in commerce the substance or mixture shall 
ensure that the Certification Statement accompanies the substance or 
mixture when it is distributed in commerce, and that the distribution 
in commerce is consistent with the Certification Statement. A copy of 
the Certification Statement shall be maintained by the person preparing 
such Certification Statement for 3 years from the date the 
Certification Statement is prepared. The Administrator may promulgate 
such rules, as necessary, to facilitate implementation of this 
provision, to harmonize this certification requirement with other 
certification requirements in this Act so as to avoid multiple 
certification statements accompanying the same chemical, and to ensure 
compliance with the LRTAP POPs Protocol.
    ``(h) Harmonization of Subsections (f) and (g).--If a chemical 
substance or mixture is both a POPs Chemical Substance or Mixture and a 
LRTAP POPs Chemical Substance or Mixture, the provisions in both 
subsection (f) and subsection (g) of this section shall apply to that 
chemical substance or mixture. In the case of conflict between the 
provisions in subsection (f) and subsection (g) for that chemical 
substance or mixture, the more stringent provision shall govern. In any 
case, these provisions shall be interpreted in a manner such that the 
United States is in compliance with both the POPs Convention and the 
LRTAP POPs Protocol for that chemical substance or mixture.
    ``(i) Notice and Record of Prohibitions, Exemptions, and other 
Information.--The Administrator, in cooperation with the Secretary of 
State, shall publish in the Federal Register timely notice regarding--
            ``(1) the POPs Chemical Substances and Mixtures subject to 
        the prohibitions in this section, any exemptions from the 
        prohibitions allowed under this section, including 
        disallowances for any exemptions, and a list of importing 
        foreign states that are not party to the POPs Convention from 
        which it has received annual certifications pursuant to section 
        6(f)(2)(G)(iii) of this Act; and
            ``(2) LRTAP POPs Chemical Substances and Mixtures subject 
        to the prohibitions in this section, any exemptions from the 
        prohibitions allowed under this section, including 
        disallowances for any exemptions.
The Administrator may include in this notice any other information that 
the Administrator deems necessary for ensuring adequate notice of the 
requirements of this section, the POPs Convention, or the LRTAP POPs 
Protocol. The Administrator shall maintain a record that integrates the 
information in such notice with any information published under section 
17(e) of Federal Insecticide, Fungicide and Rodenticide Act, update 
such record as needed, and make such record publically available.''.
    (c) Amendment of Section 8.--Section 8 of the Toxic Substances 
Control Act (15 U.S.C. 2607) is amended by adding at the end the 
following subsection:
    ``(g) Information Collection Under the POPs Convention.--(1) Upon a 
determination by the POPRC that a proposal for listing a chemical 
substance or mixture on Annex A, Annex B or Annex C meets the screening 
criteria specified in Annex D, the Administrator may publish a notice 
in the Federal Register identifying the chemical substance or mixture 
and summarizing the POPRC's determination. Within 60 days after 
publication of any such Federal Register notice, any person 
manufacturing, processing, or distributing in commerce a chemical 
substance or mixture that is the subject of such notice shall, or any 
other interested person may, provide to the Administrator the following 
existing information, known to or reasonably ascertainable to such 
person, on the chemical substance or mixture: (A) annual quantity 
manufactured and at which locations; (B) uses; (C) annual quantity 
entering each environmental medium; and (D) other information 
consistent with the information specified in Annex D, paragraph 1, and 
Annex E, paragraphs (b) through (e) of the POPs Convention. Any person 
manufacturing, processing, or distributing in commerce a chemical 
substance or mixture that is the subject of such notice shall update 
such information on an annual basis thereafter until such time as the 
COP decides not to list the chemical substance or mixture on any Annex 
to the POPs Convention or the Administrator, with the concurrence of 
the Secretary of State, determines that such reporting is no longer 
necessary. In addition, within 60 days after publication of the Federal 
Register notice, any interested person also may provide the 
Administrator any arguments or information associated with the risks or 
benefits of use of the chemical substance or mixture that, in the 
opinion of the interested person, support a determination either that 
the determination by the POPRC is correct or incorrect or that some or 
all manufacture, processing, distribution in commerce, use, or disposal 
of the chemical substance or mixture in the United States does or does 
not present an unreasonable risk of injury to health or the 
environment. Based upon information received under this paragraph and 
on any other relevant information available to the Administrator, the 
Administrator shall, within 180 days after publication of the Federal 
Register notice, submit to the Secretary of State a report that 
contains, at a minimum, information on the production and uses in the 
United States of the chemical substance or mixture and an assessment of 
the benefits and risks associated with the production and uses in the 
United States of the chemical substance or mixture.
    ``(2) Following a decision by the POPRC pursuant to Article 8.7 of 
the POPs Convention that a chemical substance or mixture shall proceed 
in the POPs Convention listing process, the Administrator may publish a 
notice in the Federal Register identifying the chemical substance or 
mixture and summarizing the POPRC's decision. Within 60 days after 
publication of any such Federal Register notice, any person 
manufacturing, processing, or distributing in commerce a chemical 
substance or mixture that is the subject of such notice shall, and any 
other interested person may, provide, consistent with the information 
needs in Annex F, any information which the person believes is relevant 
to the risk management evaluation in Article 8.7 of the POPs 
Convention, a decision by the COP in Article 8.9 of the POPs 
Convention, or a determination that some or all of the manufacturing, 
processing, distribution in commerce, use, or disposal of the chemical 
substance or mixture in the United States does or does not present an 
unreasonable risk of injury to health or the environment. At this time, 
any person manufacturing, processing, or distributing in commerce a 
chemical substance or mixture that is the subject of such notice shall 
also provide information on articles in use consisting of, containing, 
or contaminated with the chemical substance, or mixture.
    ``(3) Any information requirements imposed under this subsection 
shall not apply to any person who has actual knowledge that the 
Administrator has been adequately informed of any of the required 
information. If a particular argument or piece of information is not 
submitted in a timely manner following publication of a notice in 
accordance with this subsection, no person may raise such argument or 
submit such information to be part of the record of any subsequent 
rulemaking under section 6 of this Act to regulate the chemical 
substance or mixture unless the person seeking to raise the argument or 
submit the information demonstrates that the argument or information 
could not reasonably have been made available to the Administrator 
earlier in accordance with the times set forth in this subsection.
    ``(h) Information Collection Under the LRTAP POPs Protocol.--(1) 
Upon a submission of a risk profile to the Executive Body in support of 
a proposed amendment to list a chemical substance or mixture in Annex 
I, Annex II, or Annex III, the Administrator may publish a notice in 
the Federal Register identifying the chemical substance or mixture and 
summarizing the risk profile. Within 60 days after publication of any 
such Federal Register notice, any person manufacturing, processing, or 
distributing in commerce a chemical substance or mixture that is the 
subject of such notice shall, and any other interested person may, 
provide to the Administrator, the following existing information, known 
to or reasonably ascertainable to such person, on the chemical 
substance or mixture: (A) potential for long-range transboundary 
atmospheric transport; (B) toxicity; (C) persistence, including biotic 
degradation processes and rates and degradation products; (D) 
bioaccumulation, including bioavailability; (E) annual quantity 
manufactured and at which locations; (F) uses; (G) annual quantity 
entering each environmental medium; (H) environmental monitoring data; 
(I) information on alternatives to the existing uses for the chemical 
substance or mixture and the alternatives' efficacy; (J) information on 
any known adverse environmental or human health effects associated with 
the alternatives; (K) information on process changes, control 
technologies, operating practices and other pollution prevention 
techniques which can be used to reduce the emissions of the chemical 
substance or mixture, and their applicability and effectiveness; and 
(L) information on non-monetary costs and benefits as well as the 
quantifiable costs and benefits associated with the use of these 
alternatives and/or techniques. Any person manufacturing, processing, 
or distributing in commerce a chemical substance or mixture that is the 
subject of such notice shall update such information on an annual basis 
thereafter until such time as the Parties to the LRTAP POPs Protocol 
decide not to list the chemical substance or mixture on any Annex to 
the LRTAP POPs Protocol or the Administrator, with the concurrence of 
the Secretary of State, determines that such reporting is no longer 
necessary. In addition, within 60 days after publication of the federal 
register notice, any interested person also may provide the 
Administrator any arguments or information associated with the risks or 
benefits of use of the chemical substance or mixture that, in the 
opinion of the interested person, support a determination either that 
the risk profile is correct or incorrect or that some or all 
manufacturing, processing, distribution in commerce, use, or disposal 
of the chemical substance or mixture in the United States does or does 
not present an unreasonable risk of injury to health or the 
environment. Based upon information received under this paragraph and 
on any other relevant information available to the Administrator, the 
Administrator shall, within 180 days after publication of the Federal 
Register notice, submit to the Secretary of State a report that 
contains, at a minimum, information on the production and uses in the 
United States of the chemical substance or mixture and an assessment of 
the benefits and risks associated with the production and uses in the 
United States of the chemical substance or mixture.
    ``(2) Any information requirements imposed under this subsection 
shall not apply to any person who has actual knowledge that the 
Administrator has been adequately informed of any of the information 
required by this subsection. If a particular argument or piece of 
information is not submitted in a timely manner following publication 
of a notice in accordance with this subsection, no person may raise 
such argument or submit such information to be part of the record of 
any subsequent rulemaking under section 6 of this Act to regulate the 
chemical substance or mixture unless the person seeking to raise the 
argument or submit the information demonstrates that the information 
could not reasonably have been made available to the Administrator 
earlier in accordance with the times set forth in this subsection.''.
    (d) Amendment of Section 9.--Section 9 of the Toxic Substances 
Control Act (15 U.S.C. 2608) is amended by adding at the end the 
following subsection:
    ``(e) International Cooperation.--The Administrator shall, in 
cooperation with the Department of State and any other appropriate 
Federal agency, participate and cooperate in any international efforts 
to develop improved research and regulations on chemical substances and 
mixtures, and should pursue opportunities to participate in technical 
cooperation and capacity building activities designed to support 
implementation of the POPs Convention, the LRTAP POPs Protocol, and the 
PIC Convention.''.
    (e) Amendment of Section 12.--Section 12 of the Toxic Substances 
Control Act (15 U.S.C. 2611) is amended--
            (1) in subsection (a)(1), in the matter preceding 
        subparagraph (A), by striking ``Except'' and all that follows 
        through ``shall not apply'' and inserting the following: 
        ``Except as provided in paragraph (2) and subsections (b), (c), 
        (d), (e), (f), and (g) of this section, this Act (other than 
sections 6(f), 6(g) and 8 of this title) shall not apply''; and
            (2) by adding at the end the following subsections:
    ``(c) Prohibition.--No person may manufacture, process or 
distribute in commerce, for export from the United States, any chemical 
substance or mixture identified by Administrator in a notice issued 
under section 12(f)(3) if such chemical substance or mixture fails to 
comply with applicable export conditions or restrictions as identified 
by Administrator in such notice. Any person who manufactures, processes 
or distributes in commerce, for export from the United States, a 
chemical substance or mixture that is the subject of a notice issued 
under section 12(f)(3) shall certify that such chemical substance or 
mixture complies with the applicable export conditions or restrictions. 
Such certification statement shall include identification of such 
chemical substance or mixture manufactured, processed or distributed in 
commerce, for export from the United States, the foreign state to which 
such chemical substance or mixture is intended for export, the export 
conditions or restrictions identified by the Administrator in its 
notice, a description of how the chemical substance or mixture complies 
with such conditions or restrictions, and any other information deemed 
necessary by the Administrator for effective enforcement of the export 
conditions or restrictions applicable to such chemical substance or 
mixture. The certification statement shall be included among the 
shipping documents for such chemical substance or mixture and shall 
accompany such chemical substance or mixture. A copy of such 
certification shall be retained for 3 years by any person required to 
certify compliance with such export conditions or restrictions. The 
Administrator may promulgate such rules, as necessary, to facilitate 
implementation of this subsection, to harmonize this certification 
requirement with other certification requirements in this Act so as to 
avoid multiple certification statements accompanying the same chemical, 
and to ensure compliance with the PIC Convention.
    ``(d) Export Notice.--If any person intends to export any chemical 
substance or mixture determined by the Administrator to be banned or 
severely restricted under subsection (f)(1), such person shall notify 
the Administrator of its intent to export such chemical substance or 
mixture. Notice of intent to export shall be received by the 
Administrator at least 15 days prior to the first export (but no 
earlier than 30 days prior to the first export) from the territory of 
the United States to each importing foreign state occurring after the 
Administrator issues a notice of its determination under subsection 
(f)(1) and, thereafter, prior to the first such export to each 
importing foreign state in each calendar year. Notwithstanding the 
foregoing, the Administrator may require that notices of intent to 
export be received less than 15 days prior to the first export and/or 
thereafter prior to the first export in each calendar year if it 
determines, based on its experience with this notification program, 
that it can operate the notification program consistent with the PIC 
Convention with a shorter notice period. Notices of intent to export 
shall include: the name and address of the exporter; the name and 
address of the relevant designated national authority of the United 
States; the name and address of the relevant designated national 
authority of the importing foreign state, where available; the name and 
address of the importer; the name of the chemical substance or mixture; 
the expected date of export; the foreseen uses as a chemical substance 
or mixture, if known, in the importing foreign state; any information 
on precautionary measures to reduce exposure to, and emission of, the 
chemical substance or mixture; the concentration of the chemical 
substance or mixture; and any other information otherwise specified in 
Annex V of the PIC Convention.
    ``(e) Labels.--Any chemical substance or mixture that is the 
subject of a notice issued under subsections (f)(1) or (f)(3) and that 
is manufactured, processed or distributed in commerce, for export from 
the United States, shall, consistent with the provisions of the PIC 
Convention, bear labeling information on any significant risks and/or 
hazards to human health or the environment and be accompanied by 
shipping documents that include any relevant safety data sheets on the 
chemical substance or mixture. In addition, any chemical substance or 
mixture that is the subject of a notice issued under subsection (f)(3) 
and that is exported or intended for export, shall be accompanied by 
shipping documents that, at a minimum, bear any relevant harmonized 
system customs codes assigned by the World Customs Organization.
    ``(f) Notice Requirements and Exemptions.--(1) The Administrator 
shall, with the concurrence of the Secretary of State, 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. Notwithstanding any other provision of law, the 
Administrator shall issue a notice to the Secretariat of the PIC 
Convention and to the public of these determinations. Notice to the 
Secretariat shall include the information specified in Annex I of the 
PIC Convention and notice to the public shall include, at a minimum, a 
summary of the same information.
    ``(2) Notwithstanding any other provision of law, the Administrator 
shall, upon receipt, provide each notice of intent to export received 
under subsection (d) to the designated national authority of the 
importing foreign state. Where a designated national authority has not 
been identified, the Administrator shall provide such notice of intent 
to export to any other appropriate official of the importing foreign 
state as identified by the Administrator.
    ``(3) The Administrator shall, with the concurrence of the 
Secretary of State, issue a notice informing the public of chemical 
substances or mixtures that are listed on Annex III of the PIC 
Convention and of any importing foreign state's conditions or 
restrictions applicable to the import of each chemical substance or 
mixture consistent with the PIC Convention. The conditions or 
restrictions identified by the Administrator in such notice constitute 
export conditions or restrictions for purposes of section 12(c). Such 
notice(s) shall be issued within 3 months of, and the conditions or 
restrictions made effective no later than 6 months from, receipt of 
notice(s) from the Secretariat of the PIC Convention who transmits 
Parties' import decisions or failure to provide import decisions.
    ``(4) The Administrator may issue a notice exempting any chemical 
substance or mixture from requirements of subsections (c), (d), (e) or 
(f) if the Administrator determines, with the concurrence of the 
Secretary of State, that such exemption would be consistent with the 
PIC Convention.
    ``(5) To the extent appropriate, the Administrator shall integrate 
the information contained in any notice issued under this section into 
the notice published pursuant to section 6(i) of this Act and sections 
17(d)(5) and of the Federal Insecticide, Fungicide, and Rodenticide 
Act.
    ``(g) Harmonization With Section 6(f).--If export of a chemical 
substance or mixture is addressed or restricted under both sections 
6(f) and this section, the provisions in both section 6(f) and this 
section shall apply to that chemical substance or mixture. In the case 
of a conflict between provisions in section 6(f) and this section for 
that chemical substance or mixture, the more stringent provision shall 
govern. In any case, these provisions shall be interpreted in a manner 
such that the United States is in compliance with both the POPs 
Convention and the PIC Convention for that chemical substance or 
mixture.''.
    (f) Amendment of Section 15.--Section 15 of the Toxic Substances 
Control Act (15 U.S.C. 2614) is amended by striking paragraph (1) and 
inserting the following:
            ``(1) fail or refuse to comply with (A) any rule 
        promulgated or order issued under section 4 of this title, (B) 
        any requirement prescribed by section 5 or 6 of this title, (C) 
        any rule promulgated or order issued under section 5 or 6 of 
        this title, (D) any requirement prescribed by section 12 or 13 
        of this title, (E) any rule promulgated under section 12 or 13 
        of this title, or (F) any requirement of title II of this Act 
        or any rule promulgated or order issued under title II of this 
        Act;''.

SEC. 2. AMENDMENT TO THE FEDERAL, INSECTICIDE, FUNGICIDE, AND 
              RODENTICIDE ACT.

    (a) Amendment of Section 2.--Section 2 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended by adding at 
the end the following:
    ``(pp) POPS Convention.--The term `POPs Convention' means the 
Stockholm Convention on Persistent Organic Pollutants to which the 
United States is a Party.
    ``(qq) Annex A.--The term `Annex A' means Annex A to the POPs 
Convention.
    ``(rr) Annex B.--The term `Annex B' means Annex B to the POPs 
Convention.
    ``(ss) Annex C.--The term `Annex C' means Annex C to the POPs 
Convention.
    ``(tt) Annex D.--The term `Annex D' means Annex D to the POPs 
Convention.
    ``(uu) Annex E.--The term `Annex E' means Annex E to the POPs 
Convention.
    ``(vv) Annex F.--The term `Annex F' means Annex F to the POPs 
Convention.
    ``(ww) POPs Pesticide.--The term `POPs Pesticide' means any 
pesticide or active ingredient used in producing a pesticide that is 
listed on Annex A or Annex B for which any applicable provision of the 
POPs Convention has entered into force for the United States pursuant 
to Article 22, paragraph 4 of the POPs Convention.
    ``(xx) POPRC.--The term `POPRC' means the Persistent Organic 
Pollutant Review Committee established pursuant to Article 19, 
paragraph 6 of the POPs Convention.
    ``(yy) COP.--The term `COP' means the Conference of the Parties 
established by Article 19, paragraph 1 of the POPs Convention.
    ``(zz) LRTAP POPs Protocol.--The term `LRTAP POPs Protocol' means 
the Protocol to the 1979 Convention on Long-Range Transboundary Air 
Pollution on Persistent Organic Pollutants to which the United States 
is a Party.
    ``(aaa) Annex I.--The term `Annex I' means Annex I to the LRTAP 
POPs Protocol.
    ``(bbb) Annex II.--The term `Annex II' means Annex II to the LRTAP 
POPs Protocol.
    ``(ccc) Annex III.--The term `Annex III' means Annex III to the 
LRTAP POPs Protocol.
    ``(ddd) LRTAP POPs Pesticide.--The term `LRTAP POPs Pesticide' 
means any pesticide or active ingredient used in producing a pesticide 
that is listed on Annex I or Annex II for which any applicable 
provision of the LRTAP POPs Protocol has entered into force for the 
United States pursuant to Article 14, paragraph 3 of the LRTAP POPs 
Protocol.
    ``(eee) Executive Body.--The term `Executive Body' means the 
Executive Body established by Article 10 of the 1979 Convention on 
Long-Range Transboundary Air Pollution.
    ``(fff) PIC Convention.--The term `PIC Convention' means the 
Convention on the Prior Informed Consent Procedure for Certain 
Hazardous Chemicals and Pesticides in International Trade to which the 
United States is a Party.
    ``(ggg) Designated National Authority.--The term `designated 
national authority' means the authority or authorities that a 
government has designated in a notification to the PIC Convention 
Secretariat in accordance with the PIC Convention.''.
    (b) Amendment of Section 3.--Section 3(b) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(b)) is 
amended in the matter preceding paragraph (1) by striking ``A pesticide 
which is not registered'' and inserting the following: ``Any pesticide, 
other than a POPs Pesticide or a LRTAP POPs Pesticide (unless the POPs 
Pesticide or LRTAP POPs pesticide is permitted to be transferred 
pursuant to any applicable exemption in section 17(d)(2)(B) or 
17(d)(3)(B) of this Act), which is not registered''.
    (c) Amendment of Section 12.--Section 12(a)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136j(a)(2)) is 
amended--
            (1) in subparagraph (R), by striking ``; or'' at the end;
            (2) in subparagraph (S), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following subparagraph:
                    ``(T) to violate any provision of section 17 or any 
                regulation promulgated thereunder.''.
    (d) Amendment of Section 17.--Section 17 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o) is amended 
in the heading for the section by striking ``imports and exports'' and 
inserting ``imports, exports, and international conventions''.
    (e) Amendment of Section 17(a).--Section 17(a) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(a)) is 
amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``violation of this Act--'' and inserting ``violation of this 
        Act, provided that--'';
            (2) in paragraph (1)--
                    (A) by striking ``when prepared'' and inserting the 
                following: ``the pesticide or device or active 
                ingredient used in producing a pesticide is prepared''; 
                and
                    (B) by striking ``and'' after the semicolon at the 
                end;
            (3) in paragraph (2)--
                    (A) by striking ``if,''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (4) by inserting after paragraph (2) the following 
        paragraph:
            ``(3) such export is in compliance with all of the 
        applicable provisions of this section.''.
    (f) Amendment of Section 17(c).--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 shall permit the import of any POPs Pesticide or LRTAP POPs 
Pesticide that otherwise is prohibited under subsection (d) of this 
section.''.
    (g) Amendment of Section 17(d).--Section 17(d) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(d)) is 
amended to read as follows:
    ``(d) International Conventions and Cooperation in International 
Efforts.--
            ``(1) In general.--The Administrator shall, in cooperation 
        with the Department of State and any other appropriate Federal 
        agency, participate and cooperate in any international efforts 
        to develop improved pesticide research and regulations., and 
        should pursue opportunities to participate in technical 
        cooperation and capacity building activities designed to 
        support implementation of the POPs Convention, the LRTAP POPs 
        Protocol, and the PIC Convention.
            ``(2) Pops convention.--
                    ``(A) Prohibitions.--Notwithstanding any other 
                provision of law, except as provided in paragraph 
                (2)(B) and paragraph (4) of this subsection and 
                consistent with the POPs Convention, all sale, 
                distribution, use, and production, or any disposal 
                operation that may lead to recovery, recycling, 
                reclamation, reuse, or alternative uses, of the 
                following POPs Pesticides is prohibited: Aldrin, 
                Chlordane, Dieldrin, Endrin, Heptachlor, 
                Hexachlorobenzene, Mirex, Toxaphene, and DDT.
                    ``(B) Exemptions.--To the extent consistent with 
                the POPs Convention, the prohibitions in subparagraph 
                (A) shall not apply to:
                            ``(i) Any quantities of a POPs Pesticide 
                        occurring as unintentional trace contaminants 
                        in products and articles.
                            ``(ii) Any quantities of a POPs Pesticide 
                        to be used for laboratory scale research or as 
                        a reference standard.
                            ``(iii) Any quantities of a POPs Pesticide 
                        occurring as constituents of articles, provided 
                        that (I) such articles were manufactured or 
                        already in use before or on the date of entry 
                        into force of the obligation relevant to that 
                        POPs Pesticide, and (II) the Administrator has 
                        met any applicable requirements of the POPs 
                        Convention to notify the Secretariat of the 
POPs Convention regarding such articles.
                            ``(iv) Any distribution for export of any 
                        quantities of a POPs Pesticide with an Annex A 
                        production or use specific exemption in effect 
                        or with an Annex B production or use specific 
                        exemption or acceptable purpose in effect, 
                        provided that the pesticide complies with one 
                        of the following export conditions:
                                    ``(I) The pesticide is exported for 
                                the purpose of environmentally sound 
                                disposal as set forth in paragraph 1(d) 
                                of Article 6 of the POPs Convention.
                                    ``(II) The pesticide is exported to 
                                a Party to the POPs Convention that is 
                                permitted to use that pesticide under 
                                Annex A or Annex B.
                                    ``(III) The pesticide is exported 
                                to an importing foreign state that is 
                                not a party to the POPs Convention for 
                                that pesticide and that has provided an 
                                annual certification to the 
                                Administrator This annual 
                                certification, consistent with Article 
                                3, paragraph 2(b)(iii) of the POPs 
                                Convention, shall specify the intended 
                                use of the pesticide and state that, 
                                with respect to that pesticide, the 
                                importing foreign state that is not a 
                                party is committed to: (aa) protecting 
                                human health and the environment by 
                                taking necessary measures to minimize 
                                or prevent releases; (bb) complying 
                                with provisions of paragraph 1 of 
                                Article 6 of the POPs Convention; and 
                                (cc) complying, when appropriate, with 
                                the provisions of paragraph 2 of Part 
                                II of Annex B. The Administrator shall 
                                submit a copy of each annual 
                                certification to the Secretariat of the 
                                POPs Convention within sixty days of 
                                receiving it.
                        Any determination by the Administrator that one 
                        or more of these conditions are not met shall 
                        be made in cooperation with other interested 
                        federal agencies.
                            ``(v) Any distribution for export only for 
                        the purpose of environmentally sound disposal 
                        as set forth in paragraph 1(d) of Article 6 of 
                        the POPs Convention, of a POPs Pesticide listed 
                        on Annex A for which no production or use 
                        specific exemptions remain in effect for any 
                        Party to the POPs Convention.
                            ``(vi) Any quantities of a POPs Pesticide 
                        imported for the purpose of environmentally 
                        sound disposal as set forth in paragraph 1(d) 
                        of Article 6 of the POPs Convention.
                Nothing in this subparagraph shall allow sale, 
                distribution, use, and production, or any disposal 
                operation that may lead to recovery, recycling, 
                reclamation, reuse, or alternative uses, of any POPs 
                Pesticide that is not otherwise allowed under any other 
                provision of law.
                    ``(C) Certification statement accompanying pops 
                pesticides.--POPs Pesticides must be accompanied by a 
                Certification Statement when sold or distributed under 
                subparagraph (B)(ii), (B)(iv), (B)(v), and/or (B)(vi) 
                of this paragraph. This Certification Statement must be 
                prepared by the producer of the pesticide. If there is 
                no Certification Statement accompanying the pesticide, 
                a Certification Statement meeting the requirements of 
                this subparagraph must be prepared by the seller or 
                distributor of the pesticide and must accompany the 
                pesticide when it is sold or distributed. Such 
                Certification Statement shall include the amount and 
                identity of the pesticide, the basis for application of 
                the enumerated provision(s), and any other information 
                the Administrator determines, pursuant to notice and 
                comment rulemaking, is necessary for effective 
                enforcement of this provision. Any person who 
                distributes or sells the pesticide must ensure that the 
                Certification Statement accompanies the pesticide when 
                it is distributed or sold, and that the distribution or 
                sale is consistent with the Certification Statement. A 
                copy of the Certification Statement shall be maintained 
                by the person preparing such Certification Statement 
                for 3 years from the date the Certification Statement 
                is prepared. The Administrator may promulgate such 
                rules, as necessary, to facilitate implementation of 
                this subsection, to harmonize this certification 
                requirement with other certification requirements in 
                this Act so as to avoid multiple certification 
statements accompanying the same pesticide, and to ensure compliance 
with the POPs Convention.
                    ``(D) Submission of information.--(i) Upon a 
                determination by the POPRC that a proposal for listing 
                a pesticide on Annex A, Annex B, or Annex C fulfills 
                the screening criteria specified in Annex D, the 
                Administrator may publish a notice in the Federal 
                Register identifying the pesticide and summarizing the 
                POPRC's determination. Within 60 days after publication 
                of any such Federal Register notice, any registrant of 
                the pesticide or other interested person that might 
                support or object to any listing of the pesticide on 
                Annex A, Annex B, or Annex C 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 interested 
                person, support a determination either that the 
                determination by the POPRC is correct or is incorrect 
                or that some or all uses of the pesticide in the United 
                States cause or do not cause unreasonable adverse 
                effects on the environment. Such information may 
                include information specified in Annex D or Annex E. 
                Additional information not available to the registrant 
                or person within 60 days after publication of the 
                Federal Register notice, and arguments based upon such 
                additional information, may be submitted within 60 days 
                of the acquisition by the registrant or person of such 
                additional information. Based upon information received 
                under this paragraph and on any other relevant 
                information available to the Administrator, the 
                Administrator shall, within 180 days after publication 
                of the Federal Register notice, submit to the Secretary 
                of State a report that contains, at a minimum, 
                information on the registered uses in the United States 
                of the pesticide and an assessment of the benefits and 
                risks associated with the uses in the United States of 
                the pesticide.
                    ``(ii) Following a decision by the POPRC in Article 
                8.7 of the POPs Convention that a pesticide shall 
                proceed in the POPs Convention listing process, the 
                Administrator may publish a notice in the Federal 
                Register identifying the pesticide and summarizing the 
                POPRC's decision. Within 60 days after publication of 
                any such Federal Register notice, any person interested 
                in a pesticide that is the subject of such notice may 
                provide, consistent with the information needs in Annex 
                F, any information which the person believes is 
                relevant to the risk management evaluation in Article 
                8.7 of the POPs Convention, a decision by the COP in 
                Article 8.9 of the POPs Convention, or a determination 
                that some or all of the uses of the pesticide do or do 
                not cause unreasonable adverse effects on the 
                environment. At this time, any such person may also 
                provide information on articles in use consisting of, 
                containing, or contaminated with the pesticide.
                    ``(iii) If a particular argument or piece of 
                information is not submitted in a timely manner 
                following publication of a notice in accordance with 
                clause (i) or (ii), no person may raise such argument 
                or submit such information in any subsequent 
                cancellation proceeding initiated by the Administrator 
                under section 6 of this Act unless the person seeking 
                to raise the argument or submit the information 
                demonstrates that the argument or information could not 
                reasonably have been made available to the 
                Administrator earlier in accordance with the times set 
                forth in this subparagraph.
            ``(3) LRTAP pops protocol.--
                    ``(A) Prohibitions.--Notwithstanding any other 
                provision of law, except as provided in paragraph 
                (3)(B) or paragraph (4) of this subsection and 
                consistent with the LRTAP POPs Protocol, all sale, 
                distribution, use, and production of the following 
                LRTAP POPs Pesticides is prohibited: Aldrin, Chlordane, 
                Dieldrin, Endrin, Heptachlor, Hexachlorobenzene, Mirex, 
                Toxaphene, DDT, Chlordecone, Hexabromobiphenyl, and 
                HCH. ---
                    ``(B) Exemptions.--(i) To the extent consistent 
                with the LRTAP POPS Protocol, the prohibitions in 
                subparagraph (A) shall not apply to:
                            ``(I) Quantities of a LRTAP POPs Pesticide 
                        to be used for laboratory scale research or as 
                        a reference standard.
                            ``(II) Quantities of a LRTAP POPs Pesticide 
                        occurring as contaminants in products.
                            ``(III) Quantities of a LRTAP POPs 
                        Pesticide in an article manufactured or in use 
on or before the date of entry into force of any obligation in the 
LRTAP POPs Protocol relevant to that LRTAP POPs Pesticide.
                            ``(IV) Quantities of HCH so long as any 
                        production and use complies with the 
                        restrictions and conditions specified for HCH 
                        in Annex II of the LRTAP POPs Protocol.
                    ``(ii) The Administrator, with the concurrence of 
                the Secretary of State, may grant an exemption from the 
                prohibitions in subparagraph (A) of this paragraph that 
                is consistent with exemptions allowed under Article 4, 
                paragraph 2 of the LRTAP POPs Protocol. In addition, 
                any person may petition the Administrator for an 
                exemption from the prohibitions in subparagraph A of 
                this paragraph that is consistent with exemptions 
                allowed under Article 4, paragraph 2 of the LRTAP POPs 
                Protocol. Any such petition must, at a minimum, contain 
                information related to each finding, if any, that the 
                Administrator must make according to the terms of the 
                LRTAP POPs Protocol before granting the exemption, and 
                any additional information, if any, that the 
                Administrator is required to provide to the Secretariat 
                of the LRTAP POPs Protocol regarding a granted 
                exemption. The Administrator, with the concurrence of 
                the Secretary of State shall, grant the petition with 
                conditions or limitations necessary to meet any 
                requirement of the LRTAP POPs Protocol or any other 
                provision of law, or deny the petition. The 
                Administrator may grant an exemption only to the extent 
                that it is allowed for the United States under, and is 
                otherwise consistent with, the terms of the LRTAP POPs 
                Protocol. Notwithstanding any other provision of law, 
                if the Administrator grants such an exemption, the 
                Administrator, within 90 days of granting the 
                exemption, shall provide the Secretariat of the LRTAP 
                POPs Protocol with the information specified in 
                paragraph 3 of Article 4 of the LRTAP POPs Protocol. 
                If, after an exemption has been granted under this 
                clause, the exemption is no longer allowed for the 
                United States under the LRTAP POPs Protocol, it shall 
                be unlawful for any person to continue to distribute, 
                sell, produce, or use, a LRTAP POPs Pesticide in the 
                manner allowed by the exemption.
                Nothing in this subparagraph shall allow sale, 
                distribution, use, or production of any LRTAP POPs 
                Pesticide that is not otherwise allowed under any other 
                provision of law.
                    ``(C) Certification statement accompanying lrtap 
                pops pesticides.--LRTAP POPs Pesticides must be 
                accompanied by a Certification Statement when sold or 
                distributed under subparagraph (B)(i)(I) and/or (B)(ii) 
                of this paragraph. This Certification Statement must be 
                prepared by the producer of the pesticide. If there is 
                no Certification Statement accompanying the pesticide, 
                a Certification Statement meeting the requirements of 
                this subparagraph must be prepared by the seller or 
                distributor of the pesticide and must accompany the 
                pesticide when it is distributed or sold. Such 
                Certification Statement shall include the amount and 
                identity of the pesticide, the basis for application of 
                the enumerated provision(s), and any other information 
                the Administrator determines, pursuant to notice and 
                comment rulemaking, is necessary for effective 
                enforcement of this provision. Any person who 
                distributes or sells the pesticide must ensure that the 
                Certification Statement accompanies the pesticide when 
                it is distributed or sold, and that the distribution or 
                sale is consistent with the Certification Statement. A 
                copy of the Certification Statement shall be maintained 
                by the person preparing such Certification Statement 
                for 3 years from the date the Certification Statement 
                is prepared. The Administrator may promulgate such 
                rules, as necessary, to facilitate implementation of 
                this provision, to harmonize this certification 
                requirement with other certification requirements in 
                this Act so as to avoid multiple certification 
                statements accompanying the same chemical, and to 
                ensure compliance with the LRTAP POPs Protocol.
                    ``(D) Submission of information.--(i) Upon a 
                submission of a risk profile to the Executive Body in 
                support of a proposed amendment to list a pesticide on 
                Annex I, Annex II, or Annex III, the Administrator may 
                publish a notice in the Federal Register identifying 
                the pesticide and summarizing the risk profile. Within 
                60 days after publication of any such Federal Register 
notice, any registrant of the pesticide or other interested person that 
might support or object to any listing of the pesticide on Annex I, 
Annex II, or Annex III 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, support a determination either that the risk profile is correct 
or is incorrect or that some or all uses of the pesticide in the United 
States cause or do not cause unreasonable adverse effects on the 
environment. Additional information not available to the registrant or 
person within 60 days after publication of the Federal Register notice, 
and arguments based upon such additional information, may be submitted 
within 60 days of the acquisition by the registrant or person of such 
additional information. Based upon information received under this 
paragraph and on any other relevant information available to the 
Administrator, the Administrator shall, within 180 days after 
publication of the Federal Register notice, submit to the Secretary of 
State a report that contains, at a minimum, information on the 
registered uses in the United States of the pesticide and an assessment 
of the benefits and risks associated with the uses in the United States 
of the pesticide.
                    ``(ii) If a particular argument or piece of 
                information is not submitted in a timely manner 
                following publication of a notice in accordance with 
                clause (i), no person may raise such argument or submit 
                such information in any subsequent cancellation 
                proceeding initiated by the Administrator under section 
                6 of this Act unless the person seeking to raise the 
                argument or submit the information demonstrates that 
                the argument or information could not reasonably have 
                been made available to the Administrator earlier in 
                accordance with the times set forth in this 
                subparagraph.-
            ``(4) Harmonization of paragraphs (2) and (3).--If a 
        pesticide is both a POPs Pesticide and a LRTAP POPs Pesticide, 
        the provisions in both paragraph (2) and paragraph (3) of this 
        subsection shall apply to that pesticide. In the case of a 
        conflict between provisions in paragraph (2) and paragraph (3) 
        for that pesticide, the more stringent provision shall govern. 
        In any case, these provisions shall be interpreted in a manner 
        such that the United States is in compliance with both the POPs 
        Convention and the LRTAP POPs Protocol for that pesticide.
            ``(5) Notice and record of prohibitions, exemptions, and 
        other information.--The Administrator, in cooperation with the 
        Secretary of State, shall publish in the Federal Register 
        timely notice regarding (1) the POPs Pesticides subject to the 
        prohibitions in this section, any exemptions from the 
        prohibitions allowed under this section, including any 
        disallowances for any exemptions, and a list of importing 
        foreign states that are not parties to the POPs Convention from 
        which it has received annual certifications pursuant to section 
        17(d)(2)(B)(v)(III) of this Act; and (2) the LRTAP POPs 
        Pesticides subject to the prohibitions in this section and any 
        exemptions from the prohibitions allowed under this section, 
        including any disallowances for any exemptions. The 
        Administrator may include in this notice any other information 
        that the Administrator deems necessary for ensuring adequate 
        notice of the requirements of this section, the POPs 
        Convention, or the LRTAP POPs Protocol. The Administrator shall 
        maintain a record that integrates the information in such 
        notice with the information published under section 6(i) of the 
        Toxic Substance Control Act, update such record as needed, and 
        make such record publicly available.
            ``(6) PIC convention.--
                    ``(A) Requirements on exports.--(i) In the case of 
                a pesticide or active ingredient used in producing a 
                pesticide identified by EPA in a notice issued under 
                section 17(d)(6)(B)(iii), any person who distributes or 
                sells for export such pesticide or active ingredient 
                shall comply with export conditions or restrictions 
                identified by EPA in such notice and certify that such 
                pesticide or active ingredient complies with such 
                conditions or restrictions. The certification statement 
                shall include identification of such pesticide or 
                active ingredient, the foreign state to which such 
                pesticide or active ingredient is intended for export, 
                the export conditions or restrictions identified by EPA 
                in its notice, a description of how the pesticide or 
                active ingredient complies with such conditions or 
                restrictions, and any other information deemed 
                necessary by the Administrator for effective 
                enforcement of the export conditions or restrictions 
                applicable to such pesticide or active ingredient. The 
                certification statement shall be included among the 
                shipping documents for such pesticide or active 
                ingredient and shall accompany such pesticide or active 
                ingredient. A copy of such certification shall be 
                maintained for 3 years by any person required to 
                certify compliance with such export conditions or 
                restrictions. The Administrator may promulgate such 
                rules, as necessary, to facilitate implementation of 
                this subsection, to harmonize this certification 
                requirement with other certification requirements in 
                this Act so as to avoid multiple certification 
                statements accompanying the same pesticide, and to 
                ensure compliance with the PIC Convention;
                    ``(ii) In the case of a pesticide or active 
                ingredient used in producing a pesticide that is 
                determined by EPA to be banned or severely restricted 
                under section 17(d)(6)(B)(i), the exporter shall notify 
                EPA of its intent to export such pesticide or active 
                ingredient. Notice of intent to export must be received 
                by EPA at least 15 days prior to the first export (but 
                no more than 30 days prior to the first export) from 
                the territory of the United States to each 
importing foreign state occurring after EPA issues a notice of its 
determination under section 17(d)(6)(B)(i) and, thereafter, prior to 
the first such export to each importing foreign state in each calendar 
year. Notwithstanding the foregoing, EPA may require that notices of 
intent to export be received less than 15 days prior to the first 
export and/or thereafter prior to the first export in each calendar 
year if it determines, based on its experience with this notification 
program, that it can operate the notification program consistent with 
the PIC Convention with a shorter notice period. Notices of intent to 
export shall include: the name and address of the exporter; the name 
and address of the relevant designated national authority of the United 
States; the name and address of the relevant designated national 
authority of the importing foreign state, where available; the name and 
address of the importer; the name of the pesticide or active ingredient 
used in producing a pesticide; the expected date of export; the 
foreseen uses as a pesticide or active ingredient used in producing a 
pesticide, if known, in the importing foreign state; any information on 
precautionary measures to reduce exposure to, and emission of, the 
pesticide or active ingredient used in producing a pesticide; the 
concentration of the pesticide or active ingredient used in producing a 
pesticide; and any other information otherwise specified in Annex V of 
the PIC Convention.
                    ``(iii) In the case of any pesticide or active 
                ingredient used in producing a pesticide that is the 
                subject of a notice issued under sections 
                17(d)(6)(B)(i) or 17(d)(6)(B)(iii) and that is 
                distributed or sold for export, such pesticide or 
                active ingredient, shall, consistent with the PIC 
                Convention, bear labeling information on any 
                significant risks and/or hazards to human health or the 
                environment and be accompanied by shipping documents 
                that include any relevant safety data sheets on such 
                pesticide or active ingredient. In addition, in the 
                case of any pesticide or active ingredient used in 
                producing a pesticide that is the subject of a notice 
                issued under section 17(d)(6)(B)(iii) and that is 
                distributed or sold for export, such pesticide or 
                active ingredient must be accompanied by shipping 
                documents that bear, at a minimum, any relevant 
                harmonized system customs codes assigned by the World 
                Customs Organization.
                    ``(B) Notification requirements and exemptions.--
                (i) The Administrator shall, with the concurrence of 
                the Secretary of State, determine whether a pesticide 
                or active ingredient used in producing a pesticide is 
                banned or severely restricted within the United States 
                as those terms are defined by the PIC Convention. 
                Notwithstanding any other provision of law, the 
                Administrator shall issue a notice to the Secretariat 
                of the PIC Convention and to the public of these 
                determinations. Notice to the Secretariat shall include 
                the information specified in Annex I of the PIC 
                Convention and notice to the public shall include, at a 
                minimum, a summary of the same information.
                    ``(ii) Notwithstanding any other provision of law, 
                the Administrator shall, upon receipt, provide each 
                notice of intent to export received under section 
                17(d)(6)(A)(ii) to the designated national authority of 
                the importing foreign state. Where a designated 
                national authority has not been identified, the 
                Administrator shall provide such notice of intent to 
                export to any other appropriate official of the 
                importing foreign state as identified by EPA.
                    ``(iii) The Administrator shall, with the 
                concurrence of the Secretary of State, issue a notice 
                informing the public of pesticides or active 
                ingredients used in producing a pesticide that are 
                listed on Annex III of the PIC Convention and of any 
                importing foreign state's conditions or restrictions 
                applicable to the import of such pesticides or active 
                ingredients consistent with the PIC Convention. The 
                conditions or restrictions identified by such notice(s) 
                constitute export conditions or restrictions for 
                purposes of section 17(d)(6)(A)(i). Such notice(s) 
                shall be issued within 3 months of, and the conditions 
                or restrictions made effective no later than 6 months 
                from, receipt of notice(s) from the Secretariat of the 
                PIC Convention who transmits Parties' import decisions 
                or their failure to provide import decisions.
                    ``(iv) The Administrator may issue a notice 
                exempting any pesticide or active ingredient used in 
                producing a pesticide from requirements of sections 
                17(d)(6)(A)(i), (ii), or (iii) or section 17(d)(6)(B) 
                if the Administrator determines, with the concurrence 
                of the Secretary of State, that such exemption would be 
                consistent with the PIC Convention.
                    ``(v) To the extent appropriate, the Administrator 
                shall integrate the information contained in any notice 
                issued under this paragraph into the notice published 
                pursuant to section 17(d)(5) of this Act and section 
                6(i) of the Toxic Substances Control Act.
                    ``(C) Harmonization of paragraphs (2) and (6) of 
                this subsection.--If distribution or sale for export of 
                a pesticide or active ingredient used in producing a 
                pesticide is addressed or restricted under both 
                paragraphs (2) and (6) of this subsection, the 
                provisions in both paragraph (2) and paragraph (6) of 
                this subsection shall apply to that pesticide or active 
                ingredient used in producing a pesticide. In the case 
                of a conflict between provisions in paragraph (2) and 
                paragraph (6) for that pesticide or active ingredient 
                used in producing a pesticide, the more stringent 
                provision shall govern. In any case, these provisions 
                shall be interpreted in a manner such that the United 
                States is in compliance with both the POPs Convention 
                and the PIC Convention for that pesticide or active 
                ingredient used in producing a pesticide.''.
                                 <all>