[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1486 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1486

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

_______________________________________________________________________

                                 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,

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 II--USE OR PRODUCTION OF POPS PESTICIDES

Sec. 201. Definitions.
Sec. 202. Registration of pesticides.
Sec. 203. Unlawful acts.
Sec. 204. Imports, exports, and international conventions.
Sec. 205. 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''.

             TITLE II--USE OR PRODUCTION OF POPS PESTICIDES

SEC. 201. DEFINITIONS.

    Section 2 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136) is amended--
            (1) by striking subsection (bb) and inserting the 
        following:
    ``(bb) Unreasonable Adverse Effect on the Environment.--
            ``(1) In general.--The term `unreasonable adverse effect on 
        the environment', with respect to a pesticide, means--
                    ``(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;
                    ``(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
                    ``(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--
                            ``(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
                            ``(ii) to avoid a significant disruption in 
                        domestic production of an adequate, wholesome, 
                        and economical food supply.
            ``(2) Public health pesticides.--
                    ``(A) In general.--The Administrator shall consider 
                the risks and benefits of public health pesticides 
                separately from the risks and benefits of other 
                pesticides.
                    ``(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
            (2) by adding at the end the following:
    ``(pp) Conference.--The term `Conference' means the Conference of 
the Parties established by paragraph 1 of Article 19 of the POPs 
Convention.
    ``(qq) Executive Body.--The term `Executive Body' means the 
Executive Body established by Article 10 of the LRTAP Convention.
    ``(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).
    ``(ss) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide' means 
any pesticide or active ingredient--
            ``(1) used in producing a pesticide that--
                    ``(A) is listed in Annex I or II to the LRTAP POPs 
                Protocol; but
                    ``(B) is not listed in Annex A or B to the POPs 
                Convention; and
            ``(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.
    ``(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.
    ``(uu) POPs Convention.--The term `POPs Convention' means the 
Stockholm Convention on Persistent Organic Pollutants, done at 
Stockholm on May 22, 2001.
    ``(vv) POPs Pesticide.--The term `POPs pesticide' means--
            ``(1) aldrin;
            ``(2) chlordane;
            ``(3) dichlorodiphenyltrichloroethane (DDT);
            ``(4) dieldrin;
            ``(5) endrin;
            ``(6) heptachlor;
            ``(7) hexachlorobenzene;
            ``(8) mirex;
            ``(9) toxaphene; and
            ``(10) any other pesticide or active ingredient used in 
        producing a pesticide--
                    ``(A) that is listed in Annex A or B to the POPs 
                Convention; and
                    ``(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.
    ``(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.''.

SEC. 202. REGISTRATION OF PESTICIDES.

    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:
    ``(b) Exemptions.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        pesticide that is not registered with the Administrator may be 
        transferred if--
                    ``(A) the transfer is from 1 registered 
                establishment to a second registered establishment 
                operated by the same producer solely for--
                            ``(i) packaging at the second 
                        establishment; or
                            ``(ii) use as a constituent part of another 
                        pesticide at the second establishment; or
                    ``(B) the transfer is in accordance with the 
                requirements of an experimental use permit.
            ``(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.''.

SEC. 203. UNLAWFUL ACTS.

    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 at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(T) to violate section 17.''.

SEC. 204. IMPORTS, EXPORTS, AND INTERNATIONAL CONVENTIONS.

    (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--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) if the export is in compliance with this section.''.
    (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).''.
    (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--
            (1) in subsection (d)--
                    (A) by striking ``agency, participate'' and 
                inserting ``agency--
            ``(1) participate'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) participate in technical cooperation and capacity 
        building activities designed to support implementation of--
                    ``(A) the LRTAP POPs Protocol;
                    ``(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
                    ``(C) the POPs Convention.'';
            (2) by redesignating subsection (e) as subsection (h); and
            (3) by inserting after subsection (d) the following:
    ``(e) POPs Convention.--
            ``(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).
            ``(2) Prohibition on other pops pesticides.--
                    ``(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--
                            ``(i) is not subject to paragraph (1); and
                            ``(ii) meets a condition described in 
                        subparagraph (B).
                    ``(B) Cancellation or statement of compliance.--
                            ``(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--
                                    ``(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
                                    ``(II) after providing notice and 
                                an opportunity for comment--
                                            ``(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
                                            ``(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.
                            ``(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.
            ``(3) Exemptions.--
                    ``(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)--
                            ``(i) is consistent with--
                                    ``(I) a production or use specific 
                                exemption under Annex A or B to the 
                                POPs Convention; or
                                    ``(II) an acceptable purpose 
                                available to the United States under 
                                Annex B to the POPs Convention; and
                            ``(ii) would, as a result, not prevent the 
                        United States from complying with the 
                        obligations of the United States under the POPs 
                        Convention.
                    ``(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.
                    ``(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.
                    ``(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--
                            ``(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
                            ``(ii) the Administrator has met any 
                        applicable requirement of the POPs Convention 
                        to notify the Secretariat of the POPs 
                        Convention concerning the article.
                    ``(E) Distribution for export if production or use 
                specific exemption or acceptable purpose is in 
                effect.--
                            ``(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).
                            ``(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.
                            ``(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.
                            ``(iv) Export to nonparty in accordance 
                        with nonparty certification.--
                                    ``(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.
                                    ``(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--
                                            ``(aa) protecting human 
                                        health and the environment by 
                                        taking necessary measures to 
                                        minimize or prevent releases;
                                            ``(bb) complying with 
                                        paragraph 1 of Article 6 of the 
                                        POPs Convention; and
                                            ``(cc) 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.
                    ``(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.
                    ``(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--
                            ``(i) for the purpose of environmentally 
                        sound disposal in accordance with paragraph 
                        1(d) of Article 6 of the POPs Convention; or
                            ``(ii) for a purpose authorized under a 
                        cancellation order issued under section 6.
                    ``(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.
            ``(4) Certification statement accompanying pops 
        pesticides.--
                    ``(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.
                    ``(B) Person required to prepare.--A certification 
                statement required by subparagraph (A) shall be 
                prepared--
                            ``(i) by the producer of the POPs 
                        pesticide; or
                            ``(ii) if there is no certification 
                        statement accompanying the POPs pesticide, by 
                        any person that sells or distributes the POPs 
                        pesticide.
                    ``(C) Required elements.--The certification 
                statement shall contain--
                            ``(i) a specification of the quantity and 
                        identity of the POPs pesticide;
                            ``(ii) the basis for application of 
                        subparagraph (A), (C), (E), (F), or (G) of 
                        paragraph (3); and
                            ``(iii) such other information as the 
                        Administrator determines to be necessary for 
                        effective enforcement of this subsection.
                    ``(D) Duties of sellers and distributors.--Any 
                person that sells or distributes the POPs pesticide 
                shall ensure that--
                            ``(i) the certification statement 
                        accompanies the POPs pesticide when the POPs 
                        pesticide is sold or distributed; and
                            ``(ii) the sale or distribution is 
                        consistent with the certification statement.
                    ``(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.
                    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                            ``(i) to facilitate implementation of this 
                        paragraph; and
                            ``(ii) to ensure that this paragraph is 
                        implemented in compliance with the POPs 
                        Convention.
            ``(5) Submission of information.--
                    ``(A) Proposal for listing meets pops convention 
                screening criteria.--
                            ``(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--
                                    ``(I) identifies the pesticide; and
                                    ``(II) summarizes the determination 
                                of the POPs Review Committee.
                            ``(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--
                                    ``(I) the determination by the POPs 
                                Review Committee is incorrect; or
                                    ``(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.
                            ``(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.
                            ``(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--
                                    ``(I) information on the registered 
                                uses in the United States of the 
                                pesticide; and
                                    ``(II) an assessment of the 
                                benefits and risks associated with the 
                                uses in the United States of the 
                                pesticide.
                    ``(B) Decision to proceed with listing process.--
                            ``(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--
                                    ``(I) identifies the pesticide; and
                                    ``(II) summarizes the decision of 
                                the POPs Review Committee.
                            ``(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--
                                    ``(I) consistent with the 
                                information needs described in Annex F 
                                to the POPs Convention, any information 
                                that the person believes is relevant 
                                to--
                                            ``(aa) a risk management 
                                        evaluation carried out under 
                                        paragraph 7 of Article 8 of the 
                                        POPs Convention;
                                            ``(bb) a decision by the 
                                        Conference under paragraph 9 of 
                                        Article 8 of the POPs 
                                        Convention; or
                                            ``(cc) an action under 
                                        section 6(b); and
                                    ``(II) information on any article 
                                in use that consists of, contains, or 
                                is contaminated with the pesticide.
                    ``(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.
    ``(f) LRTAP POPs Protocol.--
            ``(1) Prohibition on specified lrtap pops pesticides.--
                    ``(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:
                            ``(i) Chlordecone.
                            ``(ii) Hexabromobiphenyl.
                            ``(iii) Hexachlorocyclohexane (HCH).
                    ``(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--
                            ``(i) subparagraph (A) shall not apply to 
                        the LRTAP POPs pesticide; and
                            ``(ii) the LRTAP POPs pesticide shall be 
                        subject to subsection (e).
            ``(2) Prohibition on other lrtap pops pesticides.--
                    ``(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--
                            ``(i) is not subject to paragraph (1); and
                            ``(ii) meets a condition described in 
                        subparagraph (B).
                    ``(B) Cancellation or statement of compliance.--
                            ``(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--
                                    ``(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
                                    ``(II) after providing notice and 
                                an opportunity for comment--
                                            ``(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
                                            ``(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.
                            ``(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.
            ``(3) Exemptions.--
                    ``(A) In general.--To the extent consistent with 
                the LRTAP POPs Protocol, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to--
                            ``(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)--
                                    ``(I) is consistent with an 
                                exemption 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;
                            ``(ii) any quantity of a LRTAP POPs 
                        pesticide that is used for laboratory scale 
                        research or as a reference standard;
                            ``(iii) any quantity of a LRTAP POPs 
                        pesticide that occurs as a contaminant in an 
                        article;
                            ``(iv) any quantity of a LRTAP POPs 
                        pesticide that is in an article manufactured or 
                        in use on or before--
                                    ``(I) the implementation date of 
                                the LRTAP POPs Protocol; or
                                    ``(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
                            ``(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.
                    ``(B) Petitions for exemptions authorized by lrtap 
                pops protocol.--
                            ``(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.
                            ``(ii) Required elements of petitions.--Any 
                        petition under clause (i) 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.
                            ``(iii) 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.
                            ``(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.
                            ``(v) Disallowance of exemption by lrtap 
                        pops protocol.--
                                    ``(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.
                                    ``(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).
                    ``(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.
            ``(4) Certification statement accompanying lrtap pops 
        pesticides.--
                    ``(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.
                    ``(B) Person required to prepare.--A certification 
                statement required by subparagraph (A) shall be 
                prepared--
                            ``(i) by the producer of the LRTAP POPs 
                        pesticide; or
                            ``(ii) if there is no certification 
                        statement accompanying the LRTAP POPs 
                        pesticide, by any person that sells or 
                        distributes the LRTAP POPs pesticide.
                    ``(C) Required elements.--The certification 
                statement shall contain--
                            ``(i) a specification of the quantity and 
                        identity of the LRTAP POPs pesticide;
                            ``(ii) the basis for application of 
                        subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (3); and
                            ``(iii) such other information as the 
                        Administrator determines to be necessary for 
                        effective enforcement of this subsection.
                    ``(D) Duties of sellers and distributors.--Any 
                person that sells or distributes the LRTAP POPs 
                pesticide shall ensure that--
                            ``(i) the certification statement 
                        accompanies the LRTAP POPs pesticide when the 
                        LRTAP POPs pesticide is sold or distributed; 
                        and
                            ``(ii) the sale or distribution is 
                        consistent with the certification statement.
                    ``(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.
                    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                            ``(i) to facilitate implementation of this 
                        paragraph; and
                            ``(ii) to ensure that this paragraph is 
                        implemented in compliance with the LRTAP POPs 
                        Protocol.
            ``(5) Submission of information.--
                    ``(A) Risk profile in support of proposed amendment 
                to list.--
                            ``(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--
                                    ``(I) identifies the pesticide; and
                                    ``(II) summarizes the risk profile 
                                for the pesticide.
                            ``(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--
                                    ``(I) the risk profile is 
                                incorrect; or
                                    ``(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.
                            ``(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.
                            ``(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--
                                    ``(I) information on the registered 
                                uses in the United States of the 
                                pesticide; and
                                    ``(II) an assessment of the 
                                benefits and risks associated with the 
                                uses in the United States of the 
                                pesticide.
                    ``(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.
    ``(g) Notice and Record of Prohibitions, Exemptions, Disallowances, 
and Other Information.--
            ``(1) In general.--The Administrator--
                    ``(A) shall publish in the Federal Register timely 
                notice concerning--
                            ``(i)(I) the POPs pesticides subject to the 
                        prohibitions specified in subsection (e);
                            ``(II) any exemptions from the prohibitions 
                        authorized under subsection (e); and
                            ``(III) any importing country from which 
                        any POPs pesticide has received a nonparty 
                        certification under subsection (e)(3)(E)(iv); 
                        and
                            ``(ii)(I) the LRTAP POPs pesticides subject 
                        to the prohibitions specified in subsection 
                        (f); and
                            ``(II) any exemptions from the prohibitions 
                        authorized under subsection (f), including any 
                        disallowances of exemptions under subsection 
                        (f)(3)(B)(v); and
                    ``(B) may include in the notice any other 
                information that the Administrator determines to be 
                necessary to ensure adequate notice of the requirements 
                of--
                            ``(i) this section;
                            ``(ii) the POPs Convention; or
                            ``(iii) the LRTAP POPs Protocol.
            ``(2) Integration with tsca information.--The Administrator 
        shall--
                    ``(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));
                    ``(B) update the record as necessary; and
                    ``(C) make the record publicly available.''.

SEC. 205. CONFORMING AMENDMENTS.

    The table of contents in section 1(b) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended--
            (1) in the items relating to section 2--
                    (A) by striking the item relating to subsection 
                (bb) and inserting the following:

        ``(bb) Unreasonable adverse effect on the 
            environment.
            ``(1) In general.
            ``(2) Public health pesticides.'';
                and
                    (B) by adding at the end the following:

        ``(pp) Conference.
        ``(qq) Executive Body.
        ``(rr) LRTAP Convention.
        ``(ss) LRTAP POPs pesticide.
        ``(tt) LRTAP POPs Protocol.
        ``(uu) POPs Convention.
        ``(vv) POPs pesticide.
        ``(ww) POPs Review Committee.'';
            (2) in the items relating to section 3, by striking the 
        item relating to subsection (b) and inserting the following:

        ``(b) Exemptions.
            ``(1) In general.
            ``(2) POPs pesticides.'';
        and
            (3) in the items relating to section 17, by striking the 
        items relating to subsection (e) and inserting the following:

        ``(e) POPs Convention.
            ``(1) Prohibition on specified POPs pesticides.
            ``(2) Prohibition on other POPs pesticides.
            ``(3) Exemptions.
            ``(4) Certification statement accompanying POPs 
            pesticides.
            ``(5) Submission of information.
        ``(f) LRTAP POPs Protocol.
            ``(1) Prohibition on specified LRTAP POPs 
            pesticides.
            ``(2) Prohibition on other LRTAP POPs 
            pesticides.
            ``(3) Exemptions.
            ``(4) Certification statement accompanying 
            LRTAP POPs pesticides.
            ``(5) Submission of information.
        ``(g) Notice and record of prohibitions, 
            exemptions, and other information.
            ``(1) In general.
            ``(2) Integration with TSCA information.
        ``(h) Regulations.''.
                                 <all>