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






                                                       Calendar No. 481
108th CONGRESS
  2d Session
                                S. 1486

                          [Report No. 108-256]

To amend the Toxic Substances Control Act and the Federal Insecticide, 
Fungicide, and Rodenticide Act to implement the Stockholm Convention on 
   Persistent Organic Pollutants, the Protocol on Persistent Organic 
Pollutants to the Convention on Long-Range Transboundary Air Pollution, 
 and the Rotterdam Convention on the Prior Informed Consent Procedure 
 for Certain Hazardous Chemicals and Pesticides in International Trade.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 29 (legislative day, July 21), 2003

  Mr. Chafee (for himself and Mr. Jeffords) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                             April 29, 2004

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend the Toxic Substances Control Act and the Federal Insecticide, 
Fungicide, and Rodenticide Act to implement the Stockholm Convention on 
   Persistent Organic Pollutants, the Protocol on Persistent Organic 
Pollutants to the Convention on Long-Range Transboundary Air Pollution, 
 and the Rotterdam Convention on the Prior Informed Consent Procedure 
 for Certain Hazardous Chemicals and Pesticides in International Trade.

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

<DELETED>SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``POPs, 
LRTAP POPs, and PIC Implementation Act of 2003''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
      <DELETED>TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

<DELETED>Sec. 101. Implementation of international agreements.
     <DELETED>``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

        <DELETED>``Sec. 501. Definitions.
        <DELETED>``Sec. 502. Implementation of POPs Convention and 
                            LRTAP POPs Protocol.
        <DELETED>``Sec. 503. Notice and record of prohibitions, 
                            exemptions, disallowances, and other 
                            information.
        <DELETED>``Sec. 504. International conventions and cooperation 
                            in international efforts.
        <DELETED>``Sec. 505. Exports.
        <DELETED>``Sec. 506. Judicial review.''.
<DELETED>Sec. 102. Exports.
<DELETED>Sec. 103. Prohibited acts.
<DELETED>Sec. 104. Conforming amendments.
        <DELETED>TITLE II--USE OR PRODUCTION OF POPS PESTICIDES

<DELETED>Sec. 201. Definitions.
<DELETED>Sec. 202. Registration of pesticides.
<DELETED>Sec. 203. Unlawful acts.
<DELETED>Sec. 204. Imports, exports, and international conventions.
<DELETED>Sec. 205. Conforming amendments.

 <DELETED>TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS</DELETED>

<DELETED>SEC. 101. IMPLEMENTATION OF INTERNATIONAL 
              AGREEMENTS.</DELETED>

<DELETED>    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) 
is amended by adding at the end the following:</DELETED>

          <DELETED>``TITLE V--IMPLEMENTATION OF INTERNATIONAL 
                          AGREEMENTS</DELETED>

<DELETED>``SEC. 501. DEFINITIONS.</DELETED>

<DELETED>    ``In this title:</DELETED>
        <DELETED>    ``(1) Conference.--The term `Conference' means the 
        Conference of the Parties established by paragraph 1 of Article 
        19 of the POPs Convention.</DELETED>
        <DELETED>    ``(2) Conference listing decision.--The term 
        `Conference listing decision' means a decision by the 
        Conference to approve an amendment to list a chemical substance 
        or mixture in Annex A or B to the POPs Convention.</DELETED>
        <DELETED>    ``(3) Designated national authority.--The term 
        `designated national authority' means the 1 or more authorities 
        that a government has designated in a notification to the 
        Secretariat of the PIC Convention in accordance with Article 4 
        of the PIC Convention.</DELETED>
        <DELETED>    ``(4) Executive body.--The term `Executive Body' 
        means the Executive Body established by Article 10 of the LRTAP 
        Convention.</DELETED>
        <DELETED>    ``(5) HCH.--The term `HCH' means 
        hexachlorocyclohexane.</DELETED>
        <DELETED>    ``(6) LRTAP convention.--The term `LRTAP 
        Convention' means the Convention on Long-Range Transboundary 
        Air Pollution, done at Geneva on November 13, 1979 (TIAS 
        10541), if the United States is a party.</DELETED>
        <DELETED>    ``(7) LRTAP pops chemical substance or mixture.--
        The term `LRTAP POPs chemical substance or mixture' means--
        </DELETED>
                <DELETED>    ``(A) chlordecone;</DELETED>
                <DELETED>    ``(B) hexabromobiphenyl;</DELETED>
                <DELETED>    ``(C) HCH; and</DELETED>
                <DELETED>    ``(D) any other chemical substance or 
                mixture that is listed in Annex I or II to the LRTAP 
                POPs Protocol.</DELETED>
        <DELETED>    ``(8) LRTAP pops listing decision.--The term 
        `LRTAP POPs listing decision' means a decision by the parties 
        to the LRTAP POPs Protocol to approve an amendment to list a 
        chemical substance or mixture in Annex I or II to the LRTAP 
        POPs Protocol.</DELETED>
        <DELETED>    ``(9) LRTAP pops protocol.--The term `LRTAP POPs 
        Protocol' means the Protocol on Persistent Organic Pollutants 
        to the LRTAP Convention, done at Aarhus on June 24, 1998, if 
        the United States is a party.</DELETED>
        <DELETED>    ``(10) PCB.--The term `PCB' means a 
        polychlorinated biphenyl.</DELETED>
        <DELETED>    ``(11) PIC convention.--The term `PIC Convention' 
        means the Rotterdam Convention on the Prior Informed Consent 
        Procedure for Certain Hazardous Chemicals and Pesticides in 
        International Trade, done at Rotterdam on September 10, 1998, 
        if the United States is a party.</DELETED>
        <DELETED>    ``(12) POPs chemical substance or mixture.--The 
        term `POPs chemical substance or mixture' means--</DELETED>
                <DELETED>    ``(A) aldrin;</DELETED>
                <DELETED>    ``(B) chlordane;</DELETED>
                <DELETED>    ``(C) dichlorodiphenyltrichloroethane 
                (DDT);</DELETED>
                <DELETED>    ``(D) dieldrin;</DELETED>
                <DELETED>    ``(E) endrin;</DELETED>
                <DELETED>    ``(F) heptachlor;</DELETED>
                <DELETED>    ``(G) hexachlorobenzene;</DELETED>
                <DELETED>    ``(H) mirex;</DELETED>
                <DELETED>    ``(I) PCBs;</DELETED>
                <DELETED>    ``(J) toxaphene; and</DELETED>
                <DELETED>    ``(K) any other chemical substance or 
                mixture that is listed in Annex A or B to the POPs 
                Convention.</DELETED>
        <DELETED>    ``(13) POPs convention.--The term `POPs 
        Convention' means the Stockholm Convention on Persistent 
        Organic Pollutants, done at Stockholm on May 22, 2001, if the 
        United States is a party.</DELETED>
        <DELETED>    ``(14) POPs review committee.--The term `POPs 
        Review Committee' means the Persistent Organic Pollutants 
        Review Committee established under paragraph 6 of Article 19 of 
        the POPs Convention.</DELETED>

<DELETED>``SEC. 502. IMPLEMENTATION OF POPS CONVENTION AND LRTAP POPS 
              PROTOCOL.</DELETED>

<DELETED>    ``(a) Prohibition on Specified POPs Chemical Substances 
and Mixtures and LRTAP POPs Chemical Substances and Mixtures.--Subject 
to subsections (c), (d), and (i) and the relevant provisions of the 
POPs Convention and the LRTAP POPs Protocol, notwithstanding any other 
provision of law, a person shall not manufacture, process, distribute 
in commerce for export, use, or dispose of any of the 
following:</DELETED>
        <DELETED>    ``(1) A POPs chemical substance or mixture 
        specified in any of subparagraphs (A) through (J) of section 
        501(12).</DELETED>
        <DELETED>    ``(2) A LRTAP POPs chemical substance or mixture 
        specified in any of subparagraphs (A) through (C) of section 
        501(7).</DELETED>
<DELETED>    ``(b) Prohibition on Other POPs Chemical Substances and 
Mixtures and LRTAP POPs Chemical Substances and Mixtures.--Subject to 
subsections (c), (d), and (i), notwithstanding any other provision of 
law, a person shall not manufacture, process, distribute in commerce 
for export, use, or dispose of a POPs chemical substance or mixture 
described in section 501(12)(K), or a LRTAP POPs chemical substance or 
mixture described in 501(7)(D), in a manner that is inconsistent with 
regulations promulgated under subsection (h).</DELETED>
<DELETED>    ``(c) Exemptions Under POPs Convention.--</DELETED>
        <DELETED>    ``(1) In general.--The prohibitions specified in 
        subsection (b) shall not apply to any manufacture, processing, 
        distribution in commerce for export, use, or disposal of a POPs 
        chemical substance or mixture that the Administrator (with the 
        concurrence of the Secretary of State) determines, through 
        final regulations promulgated under subsection (h)--</DELETED>
                <DELETED>    ``(A) is consistent with--</DELETED>
                        <DELETED>    ``(i) a production or use specific 
                        exemption available to the United States under 
                        Annex A or B to the POPs Convention; 
                        or</DELETED>
                        <DELETED>    ``(ii) an acceptable purpose 
                        applicable to the United States under Annex B 
                        to the POPs Convention; and</DELETED>
                <DELETED>    ``(B) would, as a result, not prevent the 
                United States from complying with the obligations of 
                the United States under the POPs Convention.</DELETED>
        <DELETED>    ``(2) Unintentional trace contaminants.--To the 
        extent consistent with the POPs Convention, the prohibitions 
        specified in subsections (a) and (b) shall not apply to any 
        quantity of a POPs chemical substance or mixture that occurs as 
        an unintentional trace contaminant in a product or 
        article.</DELETED>
        <DELETED>    ``(3) Research.--To the extent consistent with the 
        POPs Convention, the prohibitions specified in subsections (a) 
        and (b) shall not apply to any quantity of a POPs chemical 
        substance or mixture that is used for laboratory scale research 
        or as a reference standard.</DELETED>
        <DELETED>    ``(4) Constituent of article in use before 
        prohibition applied.--To the extent consistent with the POPs 
        Convention, the prohibitions specified in subsections (a) and 
        (b) shall not apply to any quantity of a POPs chemical 
        substance or mixture that occurs as a constituent of an 
        article, if--</DELETED>
                <DELETED>    ``(A) the article is manufactured or in 
                use on or before the date of entry into force of the 
                obligation applicable to the POPs chemical substance or 
                mixture; and</DELETED>
                <DELETED>    ``(B) the United States has met any 
                applicable requirement of the POPs Convention to notify 
                the Secretariat of the POPs Convention concerning the 
                article.</DELETED>
        <DELETED>    ``(5) Closed-system site-limited intermediate.--
        </DELETED>
                <DELETED>    ``(A) Exemption.--</DELETED>
                        <DELETED>    ``(i) In general.--Subject to 
                        clause (ii), to the extent consistent with the 
                        POPs Convention, the prohibitions specified in 
                        subsections (a) and (b) shall not apply to any 
                        quantity of a POPs chemical substance or 
                        mixture that is--</DELETED>
                                <DELETED>    ``(I) manufactured and 
                                used as a closed-system site-limited 
                                intermediate; and</DELETED>
                                <DELETED>    ``(II) chemically 
                                transformed in the manufacture of other 
                                chemicals that do not exhibit the 
                                characteristics of persistent organic 
                                pollutants (taking into consideration 
                                the criteria in paragraph 1 of Annex D 
                                of the POPs Convention).</DELETED>
                        <DELETED>    ``(ii) Conditions.--Clause (i) 
                        applies if, before the commencement of the 
                        manufacture or use under the POPs Convention, 
                        and each 10-year period thereafter--</DELETED>
                                <DELETED>    ``(I) any person that 
                                desires to invoke the exemption 
                                provides to the Administrator 
                                information concerning--</DELETED>
                                        <DELETED>    ``(aa) the annual 
                                        total quantity of the POPs 
                                        chemical substance or mixture 
                                        anticipated to be manufactured 
                                        or used or a reasonable 
                                        estimate of the quantity; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) the nature 
                                        of the closed system site-
                                        limited process, including the 
                                        quantity of any nontransformed 
                                        and unintentional trace 
                                        contamination by the POPs 
                                        chemical substance or mixture 
                                        that remains in the final 
                                        product; and</DELETED>
                                <DELETED>    ``(II) notwithstanding any 
                                other provision of law, the 
                                Administrator--</DELETED>
                                        <DELETED>    ``(aa) determines, 
                                        with the concurrence of the 
                                        Secretary of State, that the 
                                        information provided under 
                                        subclause (I) is complete and 
                                        sufficient; and</DELETED>
                                        <DELETED>    ``(bb) transmits 
                                        the information to the 
                                        Secretariat of the POPs 
                                        Convention.</DELETED>
                <DELETED>    ``(B) Termination of exemption.--If, at 
                the termination of any 10-year exemption period under 
                subparagraph (A), a particular closed-system site-
                limited intermediate exemption is no longer authorized 
                for the United States under the POPs Convention, it 
                shall be unlawful for any person to continue to 
                manufacture or use any such POPs chemical substance or 
                mixture as a closed-system site-limited 
                intermediate.</DELETED>
        <DELETED>    ``(6) PCB materials.--Any person that manages PCBs 
        in compliance with the rules promulgated under section 6(e) 
        shall be--</DELETED>
                <DELETED>    ``(A) considered to be in compliance with 
                this title; and</DELETED>
                <DELETED>    ``(B) presumed to be consistent with the 
                POPs Convention, unless the Administrator determines 
                that the applicable rule promulgated under section 6(e) 
                is inconsistent with the POPs Convention.</DELETED>
        <DELETED>    ``(7) Distribution in commerce for export if 
        production or use specific exemption or acceptable purpose is 
        in effect.--</DELETED>
                <DELETED>    ``(A) In general.--To the extent 
                consistent with the POPs Convention, the prohibitions 
                specified in subsections (a) and (b) shall not apply to 
                any distribution in commerce for export of any POPs 
                chemical substance or mixture for which a production or 
                use specific exemption under Annex A to the POPs 
                Convention available to the United States is in effect, 
                or for which a production or use specific exemption or 
                acceptable purpose under Annex B to the POPs Convention 
                available to the United States is in effect, unless the 
                POPs chemical substance or mixture does not comply with 
                an export condition described in--</DELETED>
                        <DELETED>    ``(i) subparagraph (B), as 
                        determined by the Administrator in consultation 
                        with the heads of other interested Federal 
                        agencies; or</DELETED>
                        <DELETED>    ``(ii) subparagraph (C) or (D), as 
                        determined by the Administrator in consultation 
                        with the heads of other interested Federal 
                        agencies and with the concurrence of the 
                        Secretary of State and the United States Trade 
                        Representative.</DELETED>
                <DELETED>    ``(B) Export for environmentally sound 
                disposal.--An export condition referred to in 
                subparagraph (A) is that the POPs chemical substance or 
                mixture is exported for the purpose of environmentally 
                sound disposal in accordance with paragraph 1(d) of 
                Article 6 of the POPs Convention.</DELETED>
                <DELETED>    ``(C) Export to party with permission to 
                use.--An export condition referred to in subparagraph 
                (A) is that the POPs chemical substance or mixture is 
                exported to a party to the POPs Convention that is 
                permitted to use the POPs chemical substance or mixture 
                under Annex A or B to the POPs Convention.</DELETED>
                <DELETED>    ``(D) Export to nonparty that has provided 
                nonparty certification.--</DELETED>
                        <DELETED>    ``(i) In general.--An export 
                        condition referred to in subparagraph (A) is 
                        that the POPs chemical substance or mixture is 
                        exported to an importing foreign state that--
                        </DELETED>
                                <DELETED>    ``(I) is not a party to 
                                the POPs Convention with respect to the 
                                POPs chemical substance or mixture; 
                                and</DELETED>
                                <DELETED>    ``(II) has provided an 
                                annual certification to the 
                                Administrator.</DELETED>
                        <DELETED>    ``(ii) Commitments by importing 
                        nonparty.--Consistent with the POPs Convention, 
                        an annual nonparty certification under clause 
                        (i) shall specify the intended use of the POPs 
                        chemical substance or mixture and state that, 
                        with respect to the POPs chemical substance or 
                        mixture, the importing nonparty is committed 
                        to--</DELETED>
                                <DELETED>    ``(I) protecting human 
                                health and the environment by taking 
                                necessary measures to minimize or 
                                prevent releases;</DELETED>
                                <DELETED>    ``(II) complying with 
                                paragraph 1(d) of Article 6 of the POPs 
                                Convention; and</DELETED>
                                <DELETED>    ``(III) complying, to the 
                                extent appropriate, with paragraph 2 of 
                                Part II of Annex B to the POPs 
                                Convention.</DELETED>
                        <DELETED>    ``(iii) Supporting 
                        documentation.--Each nonparty certification 
                        shall include any appropriate supporting 
                        documentation, such as legislation, regulatory 
                        instruments, and administrative or policy 
                        guidelines.</DELETED>
                        <DELETED>    ``(iv) Submission to secretariat 
                        of pops convention.--Not later than 60 days 
                        after the date of receipt of a complete 
                        nonparty certification, the Administrator shall 
                        submit a copy of the nonparty certification to 
                        the Secretariat of the POPs 
                        Convention.</DELETED>
        <DELETED>    ``(8) Export for environmentally sound disposal if 
        no production or use specific exemption in effect.--To the 
        extent consistent with the POPs Convention, the prohibitions 
        specified in subsections (a) and (b) shall not apply to any 
        distribution in commerce for export for the purpose of 
        environmentally sound disposal, in accordance with paragraph 
        1(d) of Article 6 of the POPs Convention, of a POPs chemical 
        substance or mixture listed in Annex A to the POPs Convention 
        for which no production or use specific exemption is in effect 
        for any party to the POPs Convention.</DELETED>
        <DELETED>    ``(9) Imports for specified purposes.--To the 
        extent consistent with the POPs Convention, the prohibitions 
        specified in subsections (a) and (b) shall not apply to a POPs 
        chemical substance or mixture that is imported for the purpose 
        of environmentally sound disposal in accordance with paragraph 
        1(d) of Article 6 of the POPs Convention.</DELETED>
        <DELETED>    ``(10) Waste.--To the extent consistent with the 
        POPs Convention, the prohibitions specified in subsections (a) 
        and (b) shall not apply to any quantity of a POPs chemical 
        substance or mixture, including any article that consists of, 
        contains, or is contaminated with a POPs chemical substance or 
        mixture, that has become waste and that is managed in a manner 
        consistent with Article 6 of the POPs Convention.</DELETED>
        <DELETED>    ``(11) No effect on other prohibitions.--Nothing 
        in this subsection authorizes any manufacture, processing, 
        distribution in commerce for export, use, or disposal of a POPs 
        chemical substance or mixture that is prohibited under any 
        other provision of law.</DELETED>
<DELETED>    ``(d) Exemptions Under LRTAP POPs Protocol.--</DELETED>
        <DELETED>    ``(1) In general.--To the extent consistent with 
        the LRTAP POPs Protocol, the prohibitions on manufacture, 
        processing, distribution in commerce for export, or use 
        specified in subsections (a) and (b) shall not apply to--
        </DELETED>
                <DELETED>    ``(A) any manufacture, processing, 
                distribution in commerce for export, or use of a LRTAP 
                POPs chemical substance or mixture that the 
                Administrator determines (with the concurrence of the 
                Secretary of State), through final regulations 
                promulgated in accordance with subsection (h)--
                </DELETED>
                        <DELETED>    ``(i) is consistent with an 
                        allowed restricted use or condition available 
                        to the United States under Annex I or II to the 
                        LRTAP POPs Protocol; and</DELETED>
                        <DELETED>    ``(ii) would, as a result, not 
                        prevent the United States from complying with 
                        the obligations of the United States under the 
                        LRTAP POPs Protocol;</DELETED>
                <DELETED>    ``(B) any quantity of a LRTAP POPs 
                chemical substance or mixture that is used for 
                laboratory scale research or as a reference 
                standard;</DELETED>
                <DELETED>    ``(C) any quantity of a LRTAP POPs 
                chemical substance or mixture that occurs as a 
                contaminant in a product;</DELETED>
                <DELETED>    ``(D) any quantity of a LRTAP POPs 
                chemical substance or mixture that is in an article 
                manufactured or in use on or before--</DELETED>
                        <DELETED>    ``(i) the implementation date of 
                        any applicable obligation of the LRTAP POPs 
                        Protocol; or</DELETED>
                        <DELETED>    ``(ii) in the case of any LRTAP 
                        POPs chemical substance or mixture added to any 
                        applicable Annex after the implementation date 
                        of the applicable obligation of the LRTAP POPs 
                        Protocol, the implementation date in the 
                        amendment to the LRTAP POPs Protocol that makes 
                        the addition;</DELETED>
                <DELETED>    ``(E) any quantity of a LRTAP POPs 
                chemical substance or mixture that occurs as a site-
                limited chemical intermediate in the manufacture of 1 
                or more different substances and that is subsequently 
                chemically transformed;</DELETED>
                <DELETED>    ``(F) the production or use of any 
                quantity of HCH that complies with the restrictions and 
                conditions specified for HCH in Annex II to the LRTAP 
                POPs Protocol;</DELETED>
                <DELETED>    ``(G) any quantity of a LRTAP POPs 
                chemical substance or mixture that has become waste and 
                that is disposed of in an environmentally sound manner 
                in accordance with paragraph 1(b) of Article 3 of the 
                LRTAP POPs Protocol;</DELETED>
                <DELETED>    ``(H) any distribution in commerce for 
                export of a LRTAP POPs chemical substance or mixture if 
                the distribution in commerce for export is conducted in 
                an environmentally sound manner; or</DELETED>
                <DELETED>    ``(I) any import of a LRTAP POPs chemical 
                substance or mixture if the import is conducted in an 
                environmentally sound manner.</DELETED>
        <DELETED>    ``(2) Exemptions by administrator.--The 
        Administrator, with the concurrence of the Secretary of State, 
        may grant an exemption from the prohibitions applicable to 
        LRTAP POPs chemical substances or mixtures specified in 
        subsection (a) or (b) that the Administrator determines are 
        consistent with the exemptions authorized under paragraph 2 of 
        Article 4 of the LRTAP POPs Protocol.</DELETED>
        <DELETED>    ``(3) Exemptions by petition.--</DELETED>
                <DELETED>    ``(A) Petitions.--A person may petition 
                the Administrator for an exemption from a prohibition 
                applicable to LRTAP POPs chemical substances or 
                mixtures specified in subsection (a) or (b) that is 
                consistent with the exemptions authorized under 
                paragraph 2 of Article 4 of the LRTAP POPs 
                Protocol.</DELETED>
                <DELETED>    ``(B) Required elements of petitions.--Any 
                petition under subparagraph (A) shall, at a minimum, 
                contain--</DELETED>
                        <DELETED>    ``(i) information relating to each 
                        finding, if any, that the Administrator is 
                        required to make under the LRTAP POPs Protocol 
                        before granting the exemption; and</DELETED>
                        <DELETED>    ``(ii) any additional information, 
                        if any, that the Administrator is required to 
                        provide to the Secretariat of the LRTAP POPs 
                        Protocol concerning a granted 
                        exemption.</DELETED>
                <DELETED>    ``(C) Grant or denial of petition.--The 
                Administrator, with the concurrence of the Secretary of 
                State, shall--</DELETED>
                        <DELETED>    ``(i) if the petition is 
                        authorized for the United States under, and is 
                        otherwise consistent with, the LRTAP POPs 
                        Protocol, grant the petition with such 
                        conditions or limitations as are necessary to 
                        meet any requirement of the LRTAP POPs Protocol 
                        or any other provision of law; or</DELETED>
                        <DELETED>    ``(ii) deny the 
                        petition.</DELETED>
        <DELETED>    ``(4) Provision of information to secretariat.--
        Notwithstanding any other provision of law, if the 
        Administrator grants an exemption under this subsection, the 
        Administrator, not later than 90 days after the date on which 
        the exemption is granted, shall provide the Secretariat of the 
        LRTAP POPs Protocol with the information specified in paragraph 
        3 of Article 4 of the LRTAP POPs Protocol.</DELETED>
        <DELETED>    ``(5) Disallowance of exemption by lrtap pops 
        protocol.--</DELETED>
                <DELETED>    ``(A) In general.--If, after an exemption 
                has been granted under this subsection, the exemption 
                is no longer authorized by the United States under the 
                LRTAP POPs Protocol, it shall be unlawful for any 
                person to manufacture, process, distribute in commerce 
                for export, or use a LRTAP POPs chemical substance or 
                mixture in the manner authorized by the 
                exemption.</DELETED>
                <DELETED>    ``(B) Publication of notice in federal 
                register.--The Administrator shall publish in the 
                Federal Register a notice announcing the disallowance 
                of any exemption under subparagraph (A).</DELETED>
        <DELETED>    ``(6) No effect on other prohibitions.--Nothing in 
        this subsection authorizes any manufacture, processing, 
        distribution in commerce for export, or use of a LRTAP POPs 
        chemical substance or mixture that is prohibited under any 
        other provision of law.</DELETED>
<DELETED>    ``(e) Notice and Report After Decision That Screening 
Criteria Are Met Under POPs Convention or After Risk Profile Submitted 
Under LRTAP POPs Protocol.--</DELETED>
        <DELETED>    ``(1) Applicability.--This subsection applies if--
        </DELETED>
                <DELETED>    ``(A) the POPs Review Committee or 
                Conference decides--</DELETED>
                        <DELETED>    ``(i) under paragraph 4(a) of 
                        Article 8 of the POPs Convention, that a 
                        proposal for listing a chemical substance or 
                        mixture in Annex A, B, or C to the POPs 
                        Convention fulfills the screening criteria 
                        specified in Annex D to the POPs Convention; 
                        or</DELETED>
                        <DELETED>    ``(ii) under paragraph 5 of 
                        Article 8 of the POPs Convention, that such a 
                        proposal shall proceed; or</DELETED>
                <DELETED>    ``(B) if a party to the LRTAP POPs 
                Protocol submits to the Executive Body a risk profile 
                in support of a proposal to list a chemical substance 
                or mixture in Annex I, II, or III to the LRTAP POPs 
                Protocol.</DELETED>
        <DELETED>    ``(2) Requirement.--Not later than 45 days after 
        the date of the POPs Review Committee or Conference decision on 
        a proposal or the submission of a risk profile in support of a 
        proposal under the LRTAP POPs Protocol described in 
        subparagraph (A) or (B) of paragraph (1), respectively, the 
        Administrator shall--</DELETED>
                <DELETED>    ``(A) publish in the Federal Register a 
                notice of the proposal; and</DELETED>
                <DELETED>    ``(B) provide opportunity for comment on 
                the proposal.</DELETED>
        <DELETED>    ``(3) Required elements of notice.--A notice under 
        paragraph (2) shall--</DELETED>
                <DELETED>    ``(A) identify the chemical substance or 
                mixture that is the subject of the proposal;</DELETED>
                <DELETED>    ``(B) include a summary of the process 
                under the POPs Convention or the LRTAP POPs Protocol 
                for submission of a proposal and listing of a chemical 
                substance or mixture that is the subject of a proposal 
                (including criteria applied in that process);</DELETED>
                <DELETED>    ``(C) include a summary of the POPs Review 
                Committee or Conference decision and the basis for the 
                decision;</DELETED>
                <DELETED>    ``(D) request information relevant to and 
                comment on--</DELETED>
                        <DELETED>    ``(i) in the case of a chemical 
                        substance or mixture proposed for listing in an 
                        Annex to the POPs Convention, the information 
                        requirements and screening criteria elements 
                        covered under Annex D to the POPs Convention; 
                        and</DELETED>
                        <DELETED>    ``(ii) in the case of a chemical 
                        substance or mixture proposed for listing in an 
                        Annex to the LRTAP POPs Protocol, the 
                        information referenced in paragraph 6(a) of 
                        Article 14 of the LRTAP POPs 
                        Protocol;</DELETED>
                <DELETED>    ``(E) request the information required 
                under paragraph (4);</DELETED>
                <DELETED>    ``(F) include any other information that 
                the Administrator considers to be relevant to the 
                proposal;</DELETED>
                <DELETED>    ``(G) include a statement that any 
                information submitted will be part of the record used 
                as the basis for rulemaking that the Administrator may 
                undertake under this title; and</DELETED>
                <DELETED>    ``(H) request information and comment on--
                </DELETED>
                        <DELETED>    ``(i) information relevant to the 
                        risk profile of the POPs Review Committee 
                        covered under Annex E to the POPs Convention; 
                        and</DELETED>
                        <DELETED>    ``(ii) information relevant to any 
                        technical review conducted under paragraph 2 of 
                        Executive Body decision 1998/2.</DELETED>
        <DELETED>    ``(4) Provision of information.--</DELETED>
                <DELETED>    ``(A) Provision of information under pops 
                convention.--Not later than 60 days after the date of 
                publication of the notice under paragraph (2) regarding 
                a proposal to list a chemical substance or mixture on 
                an Annex of the POPs Convention, any person that 
                manufactures, processes, distributes in commerce for 
                export, or disposes of a chemical substance or mixture 
                that is the subject of the notice shall provide (and 
                any other interested person may provide) to the 
                Administrator information (to the extent the 
                information is known or readily obtainable to the 
                person) on--</DELETED>
                        <DELETED>    ``(i) the annual quantity of the 
                        chemical substance or mixture that the person 
                        manufactures and the locations of the 
                        manufacture;</DELETED>
                        <DELETED>    ``(ii) the uses of the chemical 
                        substance or mixture;</DELETED>
                        <DELETED>    ``(iii) the approximate annual 
                        quantity of the chemical substance or mixture 
                        that the person releases into the environment; 
                        and</DELETED>
                        <DELETED>    ``(iv) other information or 
                        monitoring data relating to the chemical 
                        substance or mixture that is consistent with 
                        the information specified in paragraph 1 of 
                        Annex D, and subsections (b) through (e) of 
                        Annex E, to the POPs Convention.</DELETED>
                <DELETED>    ``(B) Provision of information under lrtap 
                pops protocol.--Not later than 60 days after the date 
                of publication of the notice under paragraph (2) 
                regarding a proposal to list a chemical substance or 
                mixture on an Annex of the LRTAP POPs Protocol, any 
                person that manufactures, processes, distributes in 
                commerce for export, or disposes of a chemical 
                substance or mixture that is the subject of the notice 
                shall provide (and any other interested person may 
                provide) to the Administrator information (to the 
                extent the information is known or readily obtainable 
                to the person) on--</DELETED>
                        <DELETED>    ``(i) the potential for long-range 
                        transboundary atmospheric transport of the 
                        chemical substance or mixture;</DELETED>
                        <DELETED>    ``(ii) the toxicity of the 
                        chemical substance or mixture;</DELETED>
                        <DELETED>    ``(iii) the persistence of the 
                        chemical substance or mixture, including biotic 
                        degradation processes and rates and degradation 
                        products;</DELETED>
                        <DELETED>    ``(iv) the bioaccumulation of the 
                        chemical substance or mixture, including 
                        bioavailability;</DELETED>
                        <DELETED>    ``(v) the annual quantity of the 
                        chemical substance or mixture that the person 
                        manufactures and the locations of the 
                        manufacture;</DELETED>
                        <DELETED>    ``(vi) the uses of the chemical 
                        substance or mixture;</DELETED>
                        <DELETED>    ``(vii) the approximate annual 
                        quantity of the chemical substance or mixture 
                        that the person releases into the 
                        environment;</DELETED>
                        <DELETED>    ``(viii) environmental monitoring 
                        data relating to the chemical substance or 
                        mixture (in areas distant from 
                        sources);</DELETED>
                        <DELETED>    ``(ix)(I) information on 
                        alternatives to the uses of the chemical 
                        substance or mixture and the efficacy of each 
                        alternative; and</DELETED>
                        <DELETED>    ``(II) information on any known 
                        adverse environmental or human health effects 
                        associated with each alternative;</DELETED>
                        <DELETED>    ``(x) information on--</DELETED>
                                <DELETED>    ``(I) process changes, 
                                control technologies, operating 
                                practices, and other pollution 
                                prevention techniques that can be used 
                                to reduce the emissions of the chemical 
                                substance or mixture; and</DELETED>
                                <DELETED>    ``(II) the applicability 
                                and effectiveness of each technique 
                                described in subclause (I); 
                                and</DELETED>
                        <DELETED>    ``(xi) information on the 
                        nonmonetary costs and benefits and the 
                        quantifiable costs and benefits associated with 
                        the use of each alternative described in clause 
                        (ix) or technique described in clause 
                        (x)(I).</DELETED>
                <DELETED>    ``(C) Updating of information.--</DELETED>
                        <DELETED>    ``(i) Voluntary updates.--Any 
                        person that submits information under 
                        subparagraph (A) or (B) may voluntarily update 
                        the information at any time.</DELETED>
                        <DELETED>    ``(ii) Required updates.--If the 
                        Administrator determines, with the concurrence 
                        of the Secretary of State, that an update of 
                        information submitted under subparagraph (A) or 
                        (B) is necessary, the Administrator may, 
                        through a notice published in the Federal 
                        Register, require 1 or more persons that are 
                        required to submit the information to update 
                        the information.</DELETED>
                        <DELETED>    ``(iii) New information.--The 
                        Administrator may require any person that 
                        (after the date under subparagraphs (A) and (B) 
                        by which persons are required to submit 
                        information) commences manufacturing, 
                        processing, distributing in commerce for 
                        export, or disposing of a chemical substance or 
                        mixture subject to the requirements in 
                        subparagraph (A) or (B), to submit the 
                        information required to be submitted under 
                        subparagraph (A) or (B).</DELETED>
                <DELETED>    ``(D) Report.--Based on information 
                received under this section and any other relevant 
                information available to the Administrator, the 
                Administrator, not later than 240 days after the date 
                of publication of the notice under this paragraph, 
                shall issue for public comment a report that contains, 
                at a minimum--</DELETED>
                        <DELETED>    ``(i) information on the 
                        production and uses in the United States of the 
                        chemical substance or mixture; and</DELETED>
                        <DELETED>    ``(ii) a review of the benefits 
                        and risks in the United States and 
                        internationally associated with the production 
                        and uses in the United States and 
                        internationally of the chemical substance or 
                        mixture.</DELETED>
<DELETED>    ``(f) Notice After Decision That Global Action Warranted 
Under POPs Convention or That Further Consideration of Chemical 
Substance or Mixture Warranted Under LRTAP POPs Protocol.--</DELETED>
        <DELETED>    ``(1) Applicability.--This subsection applies if--
        </DELETED>
                <DELETED>    ``(A) the POPs Review Committee decides, 
                under paragraph 7(a) of Article 8 of the POPs 
                Convention, that global action is warranted with 
                respect to the chemical substance or mixture that is 
                the subject of the proposal, or the Conference decides, 
                under paragraph 8 of that Article, that the proposal 
                shall proceed; or</DELETED>
                <DELETED>    ``(B) the Executive Body determines 
                pursuant to paragraph 2 of Executive Body Decision 
                1998/2 that further consideration of the chemical 
                substance or mixture is warranted, and therefore 
                requires 1 or more technical reviews of the 
                proposal.</DELETED>
        <DELETED>    ``(2) Notice.--Not later than 45 days after the 
        date on which a decision or determination is made under 
        paragraph (1), the Administrator shall--</DELETED>
                <DELETED>    ``(A) publish in the Federal Register a 
                notice of the decision or determination; and</DELETED>
                <DELETED>    ``(B) provide opportunity for comment on 
                the decision or determination.</DELETED>
        <DELETED>    ``(3) Required elements of notice.--A notice under 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) identify the chemical substance or 
                mixture that is the subject of the proposal;</DELETED>
                <DELETED>    ``(B) include a summary of--</DELETED>
                        <DELETED>    ``(i) the POPs Review Committee or 
                        Conference decision and the basis for the 
                        decision; or</DELETED>
                        <DELETED>    ``(ii) the Executive Body 
                        determination and basis for the 
                        determination;</DELETED>
                <DELETED>    ``(C) request information and comment on--
                </DELETED>
                        <DELETED>    ``(i) in the case of a chemical 
                        substance or mixture proposed for addition to 
                        an Annex of the POPs Convention--</DELETED>
                                <DELETED>    ``(I) information on 
                                socioeconomic considerations covered 
                                under Annex F to the POPs Convention; 
                                and</DELETED>
                                <DELETED>    ``(II) information on 
                                socioeconomic considerations covered 
                                under Annex F to the POPs Convention 
                                applicable to the range of possible 
                                prohibitions described in subparagraph 
                                (F); and</DELETED>
                        <DELETED>    ``(ii) in the case of a chemical 
                        substance or mixture proposed for listing on an 
                        Annex to the LRTAP POPs Protocol, information 
                        on--</DELETED>
                                <DELETED>    ``(I) any additional 
                                measures not described in the notice 
                                published under subparagraph (F) that 
                                may exist to reduce the risks of 
                                adverse effects on human health or the 
                                environment that result from the long-
                                range transboundary atmospheric 
                                transport of the chemical substance or 
                                mixture; and</DELETED>
                                <DELETED>    ``(II) the feasibility of 
                                any of the additional measures or the 
                                measures outlined in the notice 
                                published pursuant to subparagraph 
                                (F);</DELETED>
                <DELETED>    ``(D) request information on any current 
                or anticipated production or use of the chemical 
                substance or mixture that is the subject of the 
                proposal for which the United States may wish to--
                </DELETED>
                        <DELETED>    ``(i) seek an exemption or 
                        acceptable purpose under the POPs Convention; 
                        or</DELETED>
                        <DELETED>    ``(ii) allow a restricted use or 
                        condition under the LRTAP POPs 
                        Protocol;</DELETED>
                <DELETED>    ``(E) request the information required 
                under paragraph (4);</DELETED>
                <DELETED>    ``(F) describe a broad range of possible 
                prohibitions or restrictions that the United States 
                could impose on the manufacture, processing, 
                distribution in commerce for export, use, or disposal 
                of the chemical substance or mixture to address any 
                risks that the chemical substance or mixture may 
                pose;</DELETED>
                <DELETED>    ``(G) specify what changes, if any, to the 
                regulatory requirements and risk management measures 
                applicable to the chemical substance or mixture in the 
                United States have been made since the date of 
                publication of the notice under subsection (e); 
                and</DELETED>
                <DELETED>    ``(H) include a statement that any 
                information submitted will be part of the record used 
                as the basis for a rulemaking that the Administrator 
                may undertake under this title.</DELETED>
        <DELETED>    ``(4) Provision of information.--Not later than 60 
        days after the date of publication of the notice under 
        paragraph (1), any person that manufactures, processes, 
        distributes in commerce for export, or disposes of a chemical 
        substance or mixture that is the subject of the notice shall 
        provide (and any other interested party may provide) to the 
        Administrator--</DELETED>
                <DELETED>    ``(A) consistent with the information 
                needs described in Annex F to the POPs Convention, any 
                information that the person believes is relevant to--
                </DELETED>
                        <DELETED>    ``(i) a risk management evaluation 
                        carried out under paragraph 7 of Article 8 of 
                        the POPs Convention; or</DELETED>
                        <DELETED>    ``(ii) a decision by the 
                        Conference under paragraph 9 of Article 8 of 
                        the POPs Convention;</DELETED>
                <DELETED>    ``(B) consistent with the information 
                needs for the technical review described in paragraph 2 
                of Executive Body Decision 1998/2, any information the 
                person believes is relevant to the technical review or 
                to an Executive Body decision made under paragraph 3 of 
                Article 14 of the LRTAP POPs Protocol;</DELETED>
                <DELETED>    ``(C) any information that the person 
                believes is relevant to an action under this section; 
                and</DELETED>
                <DELETED>    ``(D) information on any article in use 
                that consists of, contains, or is contaminated with the 
                chemical substance or mixture.</DELETED>
        <DELETED>    ``(5) Report by administrator.--Not later than 240 
        days after the date of publication of the notice under this 
        paragraph, based on information received under this subsection 
        and any other information available to the Administrator, the 
        Administrator shall issue a report for public comment that 
        contains, at a minimum, information relating to the feasibility 
        of possible prohibitions or restrictions that could be placed 
        on the manufacture, processing, distribution in commerce for 
        export, use, or disposal of the chemical substance or mixture 
        (including the possible consequences of using alternative 
        products or processes).</DELETED>
<DELETED>    ``(g) Notice After Recommendation That Conference Consider 
Listing or After Completion of Technical Review.--</DELETED>
        <DELETED>    ``(1) Applicability.--This subsection applies--
        </DELETED>
                <DELETED>    ``(A) if the POPs Review Committee 
                recommends, under paragraph 9 of Article 8 of the POPs 
                Convention, that the Conference consider making a 
                Conference listing decision with respect to the 
                chemical substance or mixture in accordance with the 
                proposal; or</DELETED>
                <DELETED>    ``(B) after completion of a technical 
                review of a proposal to list a chemical substance or 
                mixture on an Annex of the LRTAP POPs 
                Protocol.</DELETED>
        <DELETED>    ``(2) Notice.--Not later than 45 days after the 
        date on which a recommendation under paragraph (1) is made or a 
        technical review described in paragraph (1) is completed, the 
        Administrator shall--</DELETED>
                <DELETED>    ``(A) publish in the Federal Register a 
                notice of the recommendation or completion of the 
                technical review; and</DELETED>
                <DELETED>    ``(B) provide opportunity for comment on 
                the recommendation or the technical review.</DELETED>
        <DELETED>    ``(3) Required elements.--A notice under paragraph 
        (1) shall--</DELETED>
                <DELETED>    ``(A) include a summary of the POPs Review 
                Committee recommendation and the basis for the 
                recommendation or a summary of the technical 
                review;</DELETED>
                <DELETED>    ``(B) summarize any control measures for 
                the chemical substance or mixture that are identified 
                by the POPs Review Committee or in the technical 
                review; and</DELETED>
                <DELETED>    ``(C) include a statement that any 
                information submitted will be part of the record used 
                as the basis for a rulemaking that the Administrator 
                may undertake under this title.</DELETED>
<DELETED>    ``(h) Regulations by the Administrator.--</DELETED>
        <DELETED>    ``(1) Chemical substance or mixture listed under 
        pops convention or lrtap pops protocol.--If the Conference 
        decides to list a chemical substance or mixture in Annex A or B 
        of the POPs Convention, or if the parties to the LRTAP POPs 
        Protocol decide to list a chemical substance or mixture in 
        Annex I or II to the LRTAP POPs Protocol, the Administrator may 
        commence a rulemaking to prohibit or restrict the manufacture, 
        processing, distribution in commerce for export, use, or 
        disposal of the chemical substance or mixture.</DELETED>
        <DELETED>    ``(2) Criteria for regulations.--</DELETED>
                <DELETED>    ``(A) In general.--If the Administrator 
                decides to commence a rulemaking to prohibit or 
                restrict the manufacture, processing, distribution in 
                commerce for export, use, or disposal of the chemical 
                substance or mixture, the Administrator shall 
                promulgate prohibitions or restrictions to protect 
                against hazards, including exposure, to human health 
                and the environment associated with the chemical 
                substance or mixture.</DELETED>
                <DELETED>    ``(B) Criteria.--In determining the 
                appropriate manner of regulation, the Administrator 
                shall take into account public health, environmental, 
                and socioeconomic factors and shall--</DELETED>
                        <DELETED>    ``(i) consider--</DELETED>
                                <DELETED>    ``(I) the record compiled 
                                under subsections (e), (f), and 
                                (g);</DELETED>
                                <DELETED>    ``(II) national and 
                                international consequences that are 
                                likely to arise as a result of domestic 
                                regulatory action (including the 
                                possible consequences of using 
                                alternative products or 
                                processes);</DELETED>
                                <DELETED>    ``(III) alternatives to 
                                the prohibitions or restrictions 
                                adopted by the Conference or the 
                                Executive Body for the newly-listed 
                                chemical substance or mixture that are 
                                feasible and protective of human health 
                                and the environment; and</DELETED>
                                <DELETED>    ``(IV) all scientific 
                                information--</DELETED>
                                        <DELETED>    ``(aa) compiled in 
                                        the record under subsections 
                                        (e), (f), and (g);</DELETED>
                                        <DELETED>    ``(bb) submitted 
                                        to the POPs Review Committee or 
                                        Conference by the United States 
                                        or any other entity; 
                                        and</DELETED>
                                        <DELETED>    ``(cc) submitted 
                                        to the Executive Body, or a 
                                        subsidiary of the Executive 
                                        Body, under the LRTAP POPs 
                                        Protocol;</DELETED>
                                <DELETED>taking due account of the 
                                scientific information that is 
                                consistent with generally accepted 
                                scientific principles;</DELETED>
                        <DELETED>    ``(ii) in the case of a chemical 
                        substance or mixture listed on Annex A or B of 
                        the POPs Convention, give substantial weight 
                        to--</DELETED>
                                <DELETED>    ``(I) the POPs Review 
                                Committee recommendation under 
                                paragraph 9 of Article 8 of the POPs 
                                Convention;</DELETED>
                                <DELETED>    ``(II) the Conference 
                                listing decision;</DELETED>
                                <DELETED>    ``(III) the reports that 
                                the Administrator is required to issue 
                                pursuant to subsections (e)(4) and 
                                (f)(5), including any version of the 
                                reports revised to reflect information 
                                received through public comment; 
                                and</DELETED>
                                <DELETED>    ``(IV) any information 
                                that the United States submits to the 
                                POPs Review Committee or to the 
                                Conference pursuant to Article 8 of the 
                                POPs Convention; and</DELETED>
                        <DELETED>    ``(iii) in the case of a chemical 
                        substance or mixture listed on Annex I or II of 
                        the LRTAP POPs Protocol, give substantial 
                        weight to--</DELETED>
                                <DELETED>    ``(I) any technical review 
                                conducted pursuant to paragraph 2 of 
                                Executive Body Decision 1998/
                                2;</DELETED>
                                <DELETED>    ``(II) the LRTAP POPs 
                                Protocol listing decision;</DELETED>
                                <DELETED>    ``(III) the reports that 
                                the Administrator is required to issue 
                                pursuant to subsections (e)(4) and 
                                (f)(5), including any version of the 
                                reports revised to reflect information 
                                received through public comment; 
                                and</DELETED>
                                <DELETED>    ``(IV) any information 
                                that the United States submits to the 
                                Executive Body, or a subsidiary of the 
                                Executive Body, in relation to a 
                                technical review or listing 
                                decision.</DELETED>
        <DELETED>    ``(3) Citizen's petition.--</DELETED>
                <DELETED>    ``(A) In general.--Beginning 1 year after 
                the date on which the Conference listing decision or 
                the LRTAP POPs Protocol listing decision is made, any 
                person may petition the Administrator to commence a 
                rulemaking, if a rulemaking has not commenced as of 
                that date, to prohibit or restrict the manufacture, 
                processing, distribution in commerce for export, use, 
                or disposal of the chemical substance or mixture that 
                the Conference decides to list in Annex A or B of the 
                POPs Convention, or that the parties to the LRTAP POPs 
                Protocol decide to list in Annex I or II of the LRTAP 
                POPs Protocol.</DELETED>
                <DELETED>    ``(B) Procedure.--</DELETED>
                        <DELETED>    ``(i) In general.--A petition 
                        under subparagraph (A) shall describe the facts 
                        that the petitioner believes make it necessary 
                        for the Administrator to commence a rulemaking 
                        under paragraph (2).</DELETED>
                        <DELETED>    ``(ii) Proceedings.--</DELETED>
                                <DELETED>    ``(I) Availability.--The 
                                Administrator shall publish in the 
                                Federal Register, and make available 
                                electronically, a summary of each 
                                petition received, including the name 
                                of the petitioner.</DELETED>
                                <DELETED>    ``(II) Hearings or 
                                proceedings.--The Administrator may 
                                hold a public hearing, or conduct any 
                                investigation or proceeding that the 
                                Administrator considers appropriate, to 
                                determine whether or not a rulemaking 
                                should be commenced.</DELETED>
                        <DELETED>    ``(iii) Decision by the 
                        administrator.--</DELETED>
                                <DELETED>    ``(I) In general.--Not 
                                later than 90 days after the date of 
                                filing of a petition under subparagraph 
                                (A), the Administrator shall grant or 
                                deny the petition.</DELETED>
                                <DELETED>    ``(II) Grant.--If the 
                                Administrator grants the petition, the 
                                Administrator shall promptly commence a 
                                rulemaking and proceed in accordance 
                                with paragraph (2).</DELETED>
                                <DELETED>    ``(III) Denial.--If the 
                                Administrator denies the petition, the 
                                Administrator shall publish in the 
                                Federal Register a statement of the 
                                reasons for the denial.</DELETED>
                <DELETED>    ``(C) Civil action to compel rulemaking.--
                </DELETED>
                        <DELETED>    ``(i) In general.--If the 
                        Administrator denies a petition under 
                        subparagraph (A) (or if the Administrator fails 
                        to grant or deny the petition within the 90-day 
                        period specified in subparagraph (B)(iii)), the 
                        petitioner may bring a civil action in United 
                        States district court to compel the 
                        Administrator to commence a rulemaking as 
                        requested in the petition.</DELETED>
                        <DELETED>    ``(ii) Timing.--A civil action 
                        under clause (i) shall be brought--</DELETED>
                                <DELETED>    ``(I) not later than 60 
                                days after the date of denial of the 
                                petition; or</DELETED>
                                <DELETED>    ``(II) if the 
                                Administrator fails to grant or deny 
                                the petition within the 90-day period 
                                specified in subparagraph (B)(iii), not 
                                later than 60 days after the expiration 
                                of the 90-day period.</DELETED>
                        <DELETED>    ``(iii) Scope of review.--In a 
                        civil action under clause (i), the court shall 
                        consider the petition de novo.</DELETED>
                        <DELETED>    ``(iv) Matters for 
                        consideration.--If the Administrator denies a 
                        petition, the court shall take into account 
                        public health, environmental, and socioeconomic 
                        factors and shall--</DELETED>
                                <DELETED>    ``(I) consider--</DELETED>
                                        <DELETED>    ``(aa) the record 
                                        compiled under subsections (e), 
                                        (f), and (g);</DELETED>
                                        <DELETED>    ``(bb) national 
                                        and international consequences 
                                        that are likely to arise as a 
                                        result of domestic regulatory 
                                        action (including the possible 
                                        consequences of using 
                                        alternative products or 
                                        processes);</DELETED>
                                        <DELETED>    ``(cc) 
                                        alternatives to the 
                                        prohibitions or restrictions 
                                        adopted by the Conference or 
                                        the Executive Body for the 
                                        newly-listed chemical substance 
                                        or mixture that are feasible 
                                        and protective of human health 
                                        and the environment; 
                                        and</DELETED>
                                        <DELETED>    ``(dd) all 
                                        scientific information--
                                        </DELETED>

                                                <DELETED>    ``(AA) 
                                                compiled in the record 
                                                under subsections (e), 
                                                (f), and (g);</DELETED>

                                                <DELETED>    ``(BB) 
                                                submitted to the POPs 
                                                Review Committee or 
                                                Conference by the 
                                                United States or any 
                                                other entity; 
                                                and</DELETED>

                                                <DELETED>    ``(CC) 
                                                submitted to the 
                                                Executive Body, or a 
                                                subsidiary of the 
                                                Executive Body, under 
                                                the LRTAP POPs 
                                                Protocol;</DELETED>

                                        <DELETED>taking due account of 
                                        the scientific information that 
                                        is consistent with generally 
                                        accepted scientific 
                                        principles;</DELETED>
                                <DELETED>    ``(II) in the case of a 
                                chemical substance or mixture listed on 
                                Annex A or B of the POPs Convention, 
                                give substantial weight to--</DELETED>
                                        <DELETED>    ``(aa) the POPs 
                                        Review Committee recommendation 
                                        under paragraph 9 of Article 8 
                                        of the POPs 
                                        Convention;</DELETED>
                                        <DELETED>    ``(bb) the 
                                        Conference listing 
                                        decision;</DELETED>
                                        <DELETED>    ``(cc) the reports 
                                        that the Administrator is 
                                        required to issue pursuant to 
                                        subsections (e)(4) and (f)(5), 
                                        including any version of the 
                                        reports revised to reflect 
                                        information received through 
                                        public comment; and</DELETED>
                                        <DELETED>    ``(dd) any 
                                        information that the United 
                                        States submits to the POPs 
                                        Review Committee or to the 
                                        Conference pursuant to Article 
                                        8 of the POPs Convention; 
                                        and</DELETED>
                                <DELETED>    ``(III) in the case of a 
                                chemical substance or mixture listed on 
                                Annex I or II of the LRTAP POPs 
                                Protocol, give substantial weight to--
                                </DELETED>
                                        <DELETED>    ``(aa) any 
                                        technical review conducted 
                                        pursuant to paragraph 2 of 
                                        Executive Body Decision 1998/
                                        2;</DELETED>
                                        <DELETED>    ``(bb) the LRTAP 
                                        POPs Protocol listing 
                                        decision;</DELETED>
                                        <DELETED>    ``(cc) the reports 
                                        that the Administrator is 
                                        required to issue pursuant to 
                                        subsections (e)(4) and (f)(5), 
                                        including any version of the 
                                        reports revised to reflect 
                                        information received through 
                                        public comment; and</DELETED>
                                        <DELETED>    ``(dd) any 
                                        information that the United 
                                        States submits to the Executive 
                                        Body, or a subsidiary of the 
                                        Executive Body, in relation to 
                                        a technical review or listing 
                                        decision.</DELETED>
                        <DELETED>    ``(v) Order to commence 
                        rulemaking.--The court shall order the 
                        Administrator to commence a rulemaking in 
                        accordance with paragraph (2) if the court 
                        determines that--</DELETED>
                                <DELETED>    ``(I) regulatory action to 
                                control the manufacture, processing, 
                                distribution in commerce for export, 
                                use, or disposal of a chemical 
                                substance or mixture listed in Annex A 
                                or B of the POPs Convention or Annex I 
                                or II of the LRTAP POPs Protocol is 
                                necessary to protect against hazards, 
                                including exposure, to human health and 
                                the environment associated with the 
                                chemical substance or mixture; 
                                and</DELETED>
                                <DELETED>    ``(II) the Administrator 
                                has not taken action in accordance with 
                                paragraph (2).</DELETED>
                        <DELETED>    ``(vi) Costs.--In issuing any 
                        final order in a civil action under clause (i), 
                        the court may award costs of suit and 
                        reasonable fees for attorneys and expert 
                        witnesses if the court determines that such an 
                        award is appropriate.</DELETED>
                        <DELETED>    ``(vii) Savings clause.--The 
                        remedies under this section shall be in 
                        addition to, and not in lieu of, other remedies 
                        provided by law.</DELETED>
        <DELETED>    ``(4) Deadline for regulations.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 18 
                months after commencing a rulemaking under this 
                subsection, the Administrator shall--</DELETED>
                        <DELETED>    ``(i) promulgate final regulations 
                        prohibiting or restricting the manufacture, 
                        processing, distribution in commerce for 
                        export, use, or disposal of the chemical 
                        substance or mixture to be listed in Annex A or 
                        B to the POPs Convention or Annex I or II of 
                        the LRTAP POPs Protocol; or</DELETED>
                        <DELETED>    ``(ii) decide not to promulgate a 
                        final rule.</DELETED>
                <DELETED>    ``(B) Decision not to promulgate.--If the 
                Administrator decides not to commence or promulgate a 
                final rule, the Administrator shall publish within 30 
                days a statement in the Federal Register explaining the 
                reasons for not promulgating or commencing the final 
                rule.</DELETED>
        <DELETED>    ``(5) Sole procedure.--</DELETED>
                <DELETED>    ``(A) In general.--No other rulemaking 
                procedure under this Act shall apply to regulations 
                promulgated under this section.</DELETED>
                <DELETED>    ``(B) Rulemaking.--Regulations promulgated 
                by the Administrator under this title shall comply with 
                section 553 of title 5, United States Code (without 
                regard to any reference in that section to sections 556 
                and 557 of that title).</DELETED>
        <DELETED>    ``(6) No effect on other authority.--Nothing in 
        this subsection affects the authority of the Administrator to 
        regulate a chemical substance or mixture under any other law or 
        any other provision of this Act.</DELETED>
        <DELETED>    ``(7) Interim statement.--</DELETED>
                <DELETED>    ``(A) Applicability.--This paragraph 
                applies if the Administrator has not commenced a 
                rulemaking under paragraph (2) by the date that is 1 
                year after the date on which--</DELETED>
                        <DELETED>    ``(i) a decision is made by the 
                        Conference to list a chemical substance or 
                        mixture in Annex A or B of the POPs Convention; 
                        or</DELETED>
                        <DELETED>    ``(ii) a decision is made by the 
                        parties to the LRTAP POPs Protocol to list a 
                        chemical substance or mixture in Annex I or II 
                        to the LRTAP POPs Protocol.</DELETED>
                <DELETED>    ``(B) Statement.--If the Administrator has 
                not commenced a rulemaking as described in subparagraph 
                (A), the Administrator shall publish annually in the 
                Federal Register a statement that--</DELETED>
                        <DELETED>    ``(i) describes the actions taken 
                        by the Administrator with respect to the 
                        listing decision; and</DELETED>
                        <DELETED>    ``(ii) characterizes actions 
                        likely to be taken by the Administrator with 
                        respect to the commencement of a rulemaking 
                        under paragraph (2).</DELETED>
<DELETED>    ``(i) Harmonization of POPs Convention and LRTAP POPs 
Protocol.--</DELETED>
        <DELETED>    ``(1) In general.--If a chemical substance or 
        mixture is both a POPs chemical substance or mixture and a 
        LRTAP POPs chemical substance or mixture, in the case of a 
        conflict between a provision of this section applicable to a 
        POPs chemical substance or mixture and a provision of this 
        section applicable to a LRTAP POPs chemical substance or 
        mixture, the more stringent provision shall apply, as 
        determined by the Administrator with the concurrence of the 
        Secretary of State.</DELETED>
        <DELETED>    ``(2) Application.--In the case of chemical 
        substance or mixture described in paragraph (1), this section 
        shall be applied in such a manner as to ensure that the United 
        States is in compliance with the POPs Convention and the LRTAP 
        POPs Protocol with respect to the chemical substance or 
        mixture.</DELETED>

<DELETED>``SEC. 503. NOTICE AND RECORD OF PROHIBITIONS, EXEMPTIONS, 
              DISALLOWANCES, AND OTHER INFORMATION.</DELETED>

<DELETED>    ``(a) In General.--The Administrator--</DELETED>
        <DELETED>    ``(1) shall publish in the Federal Register timely 
        notice concerning--</DELETED>
                <DELETED>    ``(A) the POPs chemical substances and 
                mixtures or the LRTAP POPs chemical substances and 
                mixtures, subject to the prohibitions specified in 
                section 502;</DELETED>
                <DELETED>    ``(B) any exemptions from the prohibitions 
                authorized under section 502, including the effective 
                date on which the exemptions are no longer 
                authorized;</DELETED>
                <DELETED>    ``(C) in the case of a LRTAP POPs chemical 
                substance or mixture, any disallowances of exemptions 
                under section 502(d)(5); and</DELETED>
                <DELETED>    ``(D) in the case of a POPs chemical 
                substance or mixture, a list of any importing foreign 
                states from which the Administrator has received a 
                nonparty certification under section 502(c)(7)(D); 
                and</DELETED>
        <DELETED>    ``(2) may include in the notice any other 
        information that the Administrator determines to be necessary 
        to ensure adequate notice of the requirements of--</DELETED>
                <DELETED>    ``(A) this section;</DELETED>
                <DELETED>    ``(B) the POPs Convention; or</DELETED>
                <DELETED>    ``(C) the LRTAP POPs Protocol.</DELETED>
<DELETED>    ``(b) Integration With FIFRA Information.--The 
Administrator shall--</DELETED>
        <DELETED>    ``(1) maintain a record that integrates the 
        information in the notice published under subsection (a) with 
        any information published under section 17(g) of the Federal 
        Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 
        136o(e));</DELETED>
        <DELETED>    ``(2) update the record as necessary; 
        and</DELETED>
        <DELETED>    ``(3) make the record publicly 
        available.</DELETED>
<DELETED>    ``(c) Disclosure of Data.--Any information provided to or 
otherwise obtained by the Administrator (or any representative of the 
Administrator) under this title shall be subject to section 14 of this 
Act.''.</DELETED>

<DELETED>``SEC. 504. INTERNATIONAL CONVENTIONS AND COOPERATION IN 
              INTERNATIONAL EFFORTS.</DELETED>

<DELETED>    ``In cooperation with the Secretary of State and the head 
of any other appropriate Federal agency, the Administrator shall--
</DELETED>
        <DELETED>    ``(1) participate and cooperate in any 
        international efforts to develop improved research and 
        regulations on chemical substances and mixtures; and</DELETED>
        <DELETED>    ``(2) participate in technical cooperation and 
        capacity building activities designed to support implementation 
        of--</DELETED>
                <DELETED>    ``(A) the LRTAP POPs Protocol;</DELETED>
                <DELETED>    ``(B) the PIC Convention; and</DELETED>
                <DELETED>    ``(C) the POPs Convention.</DELETED>

<DELETED>``SEC. 505. EXPORTS.</DELETED>

<DELETED>    ``(a) Requirements for Exports.--In the case of a chemical 
substance or mixture identified by the Administrator as listed on Annex 
III of the PIC Convention in a notice issued under subsection (d)(3), 
any person that distributes in commerce the chemical substance or 
mixture for export shall comply with any export conditions or 
restrictions identified by the Administrator in the notice.</DELETED>
<DELETED>    ``(b) Pre-Export Notices.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Requirement.--In the case of--
                </DELETED>
                        <DELETED>    ``(i) a chemical substance or 
                        mixture that the Administrator determines to be 
                        banned or severely restricted under subsection 
                        (d)(1);</DELETED>
                        <DELETED>    ``(ii) a chemical substance or 
                        mixture identified by the Administrator in a 
                        notice issued under subsection (d)(3); 
                        or</DELETED>
                        <DELETED>    ``(iii) a POPs chemical substance 
                        or mixture allowed to be exported under 
                        paragraph (7) or (8) of section 
                        502(c);</DELETED>
                <DELETED>the exporter of the chemical substance or 
                mixture shall provide to the Administrator notice of 
                the intent of the exporter to export the chemical 
                substance or mixture.</DELETED>
                <DELETED>    ``(B) Timing of notice for banned or 
                severely restricted chemical substances or mixtures.--
                </DELETED>
                        <DELETED>    ``(i) First export.--In the case 
                        of a first export that an exporter makes from 
                        the territory of the United States to each 
                        importing foreign state after the Administrator 
                        issues a notice under subsection (d)(1), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of export.</DELETED>
                        <DELETED>    ``(ii) Subsequent exports.--In the 
                        case of subsequent exports to the importing 
                        foreign state in the calendar year subsequent 
                        to the notification provided under clause (ii), 
                        the exporter shall provide the notice so that 
                        the Administrator receives the notice not 
                        earlier than 30 nor later than 15 calendar days 
                        before the date of the first export in each 
                        calendar year.</DELETED>
                <DELETED>    ``(C) Timing of pre-export notice for 
                chemical substances or mixtures listed on annex iii of 
                the pic convention.--</DELETED>
                        <DELETED>    ``(i) First export.--In the case 
                        of a first export that an exporter makes from 
                        the territory of the United States to each 
                        importing foreign state after the Administrator 
                        notifies the public under subsection (d)(3), 
                        the exporter shall provide the notice so that 
                        the Administrator receives the notice not 
                        earlier than 30 nor later than 15 calendar days 
                        before the date of export.</DELETED>
                        <DELETED>    ``(ii) Subsequent exports.--In the 
                        case of subsequent exports by the exporter to 
                        the importing foreign state in a calendar year 
                        subsequent to the notification provided under 
                        clause (i), the exporter shall provide the 
                        notice so that the Administrator receives the 
                        notice not earlier than 30 nor later than 15 
                        calendar days before the date of the first such 
                        subsequent export in each calendar 
                        year.</DELETED>
                        <DELETED>    ``(iii) Changed circumstances 
                        meriting new notice.--If conditions or 
                        restrictions imposed by the importing foreign 
                        state change and the Administrator notifies the 
                        public of the change under subsection (d)(3), 
                        or if an earlier pre-export notice no longer 
                        applies, the exporter shall provide the notice 
                        so that the Administrator receives the notice 
                        not earlier than 30 nor later than 15 calendar 
                        days before the date of export.</DELETED>
                <DELETED>    ``(D) Timing of pre-export notice for 
                chemical substances or mixtures allowed to be exported 
                under paragraph (7) or (8) of section 502(c).--
                </DELETED>
                        <DELETED>    ``(i) First export of the calendar 
                        year.--In the case of the first export that an 
                        exporter makes from the territory of the United 
                        States to each importing foreign state of a 
                        chemical substance or mixture exported under 
                        paragraph (7) or (8) of section 502(c), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of the first export.</DELETED>
                        <DELETED>    ``(ii) Subsequent exports.--In the 
                        case of subsequent exports by the exporter to 
                        the importing foreign state in a calendar year 
                        subsequent to the notification provided under 
                        clause (i) to the importing foreign state, the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of the first such subsequent export in 
                        each calendar year.</DELETED>
                        <DELETED>    ``(iii) Changed circumstances 
                        meriting new notice.--If the information 
                        provided in an earlier pre-export notice is no 
                        longer accurate, the exporter shall provide the 
                        notice so that the Administrator receives the 
                        notice not earlier than 30 nor later than 15 
                        calendar days before the date of 
                        export.</DELETED>
        <DELETED>    ``(2) Later notices.--Notwithstanding 
        subparagraphs (B), (C), and (D) of paragraph (1), the 
        Administrator may permit an exporter to provide a notice under 
        paragraph (1) so that the Administrator receives the notice 
        less than 15 days before the date of an export if the 
        Administrator determines, based on the experience of the 
        Administrator with the notification program, that the 
        Administrator is able to administer notice activities in 
        accordance with the PIC Convention despite the shortened notice 
        period.</DELETED>
        <DELETED>    ``(3) Content of pre-export notices.--</DELETED>
                <DELETED>    ``(A) Notices under paragraph (1)(b).--A 
                notice under paragraph (1)(B) shall include--</DELETED>
                        <DELETED>    ``(i) the name and address of the 
                        exporter;</DELETED>
                        <DELETED>    ``(ii) the name and address of the 
                        appropriate designated national authority of 
                        the United States;</DELETED>
                        <DELETED>    ``(iii) the name and address of 
                        the appropriate designated national authority 
                        of the importing foreign state, if 
                        available;</DELETED>
                        <DELETED>    ``(iv) the name and address of the 
                        importer;</DELETED>
                        <DELETED>    ``(v) the name of the chemical 
                        substance or mixture for which the notice is 
                        required;</DELETED>
                        <DELETED>    ``(vi) the expected date of 
                        export;</DELETED>
                        <DELETED>    ``(vii) any information relating 
                        to the foreseen uses of the chemical substance 
                        or mixture, if known, in the importing foreign 
                        state;</DELETED>
                        <DELETED>    ``(viii) any information on 
                        precautionary measures to reduce exposure to, 
                        and emission of, the chemical substance or 
                        mixture;</DELETED>
                        <DELETED>    ``(ix) any information relating to 
                        the concentration of the chemical substance or 
                        mixture; and</DELETED>
                        <DELETED>    ``(x) any other information 
                        specified in Annex V to the PIC 
                        Convention.</DELETED>
                <DELETED>    ``(B) Notices under paragraph (1)(c).--A 
                notice under paragraph (1)(C) shall include--</DELETED>
                        <DELETED>    ``(i) all of the information 
                        required to be included under subparagraph 
                        (A);</DELETED>
                        <DELETED>    ``(ii) any information relating to 
                        export conditions or restrictions identified by 
                        the Administrator in the notice issued under 
                        subsection (d)(3) with respect to the chemical 
                        substance or mixture;</DELETED>
                        <DELETED>    ``(iii) a general description of 
                        the manner in which the export complies with 
                        those conditions; and</DELETED>
                        <DELETED>    ``(iv) any other information that 
                        the Administrator determines to be necessary 
                        for effective enforcement of the export 
                        conditions or restrictions applicable to the 
                        chemical substance or mixture.</DELETED>
                <DELETED>    ``(C) Notices under paragraph (1)(d).--A 
                notice submitted to the Administrator under paragraph 
                (1)(D) shall include--</DELETED>
                        <DELETED>    ``(i) the name and address of the 
                        exporter;</DELETED>
                        <DELETED>    ``(ii) the name and address of the 
                        importer;</DELETED>
                        <DELETED>    ``(iii) a specification of the 
                        identity of the POPs chemical substance or 
                        mixture;</DELETED>
                        <DELETED>    ``(iv) a general description of 
                        how the export complies with the conditions 
                        under paragraph (7) or (8) of section 502(c); 
                        and</DELETED>
                        <DELETED>    ``(v) such other information as 
                        the Administrator determines to be necessary 
                        for enforcement of the export-related 
                        obligations of the POPs Agreement applicable to 
                        the chemical substance or mixture.</DELETED>
        <DELETED>    ``(4) Pre-export notices accompanying each 
        export.--An exporter shall ensure that a copy of the most 
        recent applicable pre-export notice accompanies each shipment 
        for export and is available for inspection at the border of--
        </DELETED>
                <DELETED>    ``(A) any chemical substance or mixture 
                that the Administrator has identified under subsection 
                (d)(3) as being listed on Annex III of the PIC 
                Convention; or</DELETED>
                <DELETED>    ``(B) any POPs chemical substance or 
                mixture that is exported under paragraph (7) or (8) of 
                section 502(c).</DELETED>
        <DELETED>    ``(5) Retention of pre-export notices.--An 
        exporter required to provide a notice under subparagraph (C) or 
        (D) of paragraph (1) shall maintain a copy of the notice and 
        other documents used to generate the notice on site and readily 
        available for a period of not less than 3 years beginning on 
        the date on which the notice is provided.</DELETED>
<DELETED>    ``(c) Labeling Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--In the case of any chemical 
        substance or mixture that is the subject of a notice issued 
        under paragraph (1) or (3) of subsection (d) and that is 
        manufactured, processed, or distributed in commerce for export, 
        the chemical substance or mixture shall, in accordance with the 
        PIC Convention--</DELETED>
                <DELETED>    ``(A) bear labeling information relating 
                to risks or hazards to human health or the environment; 
                and</DELETED>
                <DELETED>    ``(B) be accompanied by shipping documents 
                that include any relevant safety data sheets on the 
                chemical substance or mixture.</DELETED>
        <DELETED>    ``(2) Custom codes.--A chemical substance or 
        mixture that is the subject of a notice issued under subsection 
        (d)(3) and that is distributed or sold for export shall be 
        accompanied by shipping documents that bear, at a minimum, any 
        appropriate harmonized system customs codes assigned by the 
        World Customs Organization.</DELETED>
<DELETED>    ``(d) Notice Requirements and Exemption.--</DELETED>
        <DELETED>    ``(1) Determination whether chemical substance or 
        mixture is banned or severely restricted.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator, with 
                the concurrence of the Secretary of State, shall 
                determine whether a chemical substance or mixture is 
                banned or severely restricted within the United States 
                (as those terms are defined by the PIC 
                Convention).</DELETED>
                <DELETED>    ``(B) Notice of determinations.--
                Notwithstanding any other provision of law, the 
                Administrator shall issue to the Secretariat of the PIC 
                Convention and the public a notice of each 
                determination under subparagraph (A) that includes--
                </DELETED>
                        <DELETED>    ``(i) in the case of a notice to 
                        the Secretariat of the PIC Convention, the 
                        information specified in Annex I to the PIC 
                        Convention; and</DELETED>
                        <DELETED>    ``(ii) in the case of a notice to 
                        the public, at a minimum, a summary of that 
                        information.</DELETED>
        <DELETED>    ``(2) Notice to foreign countries.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding any 
                other provision of law, on receipt of a notice of 
                intent to export under subsection (b)(1)(B), the 
                Administrator shall provide a copy of the notice to the 
                designated national authority of the importing foreign 
                state.</DELETED>
                <DELETED>    ``(B) Nonidentified designated national 
                authority.--In a case in which a designated national 
                authority has not been identified, the Administrator 
                shall provide the notice of intent to export to any 
                other appropriate official of the importing foreign 
                state, as identified by the Administrator.</DELETED>
        <DELETED>    ``(3) Notice to public.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator, with 
                the concurrence of the Secretary of State, shall issue 
                a notice to inform the public of--</DELETED>
                        <DELETED>    ``(i) any chemical substance or 
                        mixture that is listed on Annex III to the PIC 
                        Convention; and</DELETED>
                        <DELETED>    ``(ii) any condition or 
                        restriction of an importing foreign state that 
                        is applicable to the import, in accordance with 
                        the PIC Convention, of the chemical substance 
                        or mixture.</DELETED>
                <DELETED>    ``(B) Timing.--A notice required under 
                subparagraph (A) shall be issued not later than 90 days 
                after, and any conditions or restrictions described in 
                subparagraph (A)(ii) shall take effect not later than 
                180 days after, the date of receipt of a notice from 
                the Secretariat of the PIC Convention who--</DELETED>
                        <DELETED>    ``(i) transmits import decisions 
                        of the parties to the PIC Convention; 
                        or</DELETED>
                        <DELETED>    ``(ii) provides notice of the 
                        failure of the parties to provide import 
                        decisions.</DELETED>
                <DELETED>    ``(C) Treatment of conditions and 
                restrictions.--A condition or restriction identified by 
                a notice required under subparagraph (A) shall be 
                considered to be an export condition or restriction for 
                the purpose of subsection (a).</DELETED>
        <DELETED>    ``(4) Notice of exemption.--The Administrator may 
        issue a notice exempting any chemical substance or mixture from 
        the requirements of subsections (a) through (c) and this 
        subsection if the Administrator determines, with the 
        concurrence of the Secretary of State, that the exemption would 
        be consistent with the PIC Convention.</DELETED>
        <DELETED>    ``(5) Integration with other notices.--To the 
        maximum extent practicable, the Administrator shall integrate 
        the information contained in any notice issued under this 
        subsection into any notice published under--</DELETED>
                <DELETED>    ``(A) section 12(b);</DELETED>
                <DELETED>    ``(B) section 502; or</DELETED>
                <DELETED>    ``(C) section 17(g) of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136o(g)).</DELETED>
<DELETED>    ``(e) Regulations.--The Administrator may promulgate such 
regulations as the Administrator determines to be necessary--</DELETED>
        <DELETED>    ``(1) to facilitate implementation of this 
        section;</DELETED>
        <DELETED>    ``(2) to ensure compliance with the PIC 
        Convention, the POPs Convention, and the LRTAP POPs Protocol; 
        and</DELETED>
        <DELETED>    ``(3) to allow the pre-export notice requirement 
        under this section and any pre-export notice requirement in 
        other provisions of this Act or in any other Federal law to be 
        satisfied by a single notice.</DELETED>
<DELETED>    ``(f) Harmonization of POPs Convention and PIC 
Convention.--</DELETED>
        <DELETED>    ``(1) In general.--If the export of a chemical 
        substance or mixture is addressed or restricted under both 
        section 502 and this section, that section and this section 
        shall apply to the chemical substance or mixture.</DELETED>
        <DELETED>    ``(2) Conflict.--In the case of a conflict between 
        section 502 and this section with respect to a chemical 
        substance or mixture, the more stringent provision shall 
        govern.</DELETED>
        <DELETED>    ``(3) Application.--With respect to a chemical 
        substance or mixture, section 502 and this section shall be 
        applied in such a manner as to ensure that the United States is 
        in compliance with both the POPs Convention and the PIC 
        Convention with respect to the chemical substance or 
        mixture.</DELETED>

<DELETED>``SEC. 506. JUDICIAL REVIEW.</DELETED>

<DELETED>    ``(a) Definition of Rulemaking Record.--In this section, 
the term `rulemaking record' means--</DELETED>
        <DELETED>    ``(1) a regulation reviewed under this 
        section;</DELETED>
        <DELETED>    ``(2) any determination required under section 
        502(h);</DELETED>
        <DELETED>    ``(3) any written submission of interested parties 
        relating to the promulgation of a regulation under section 
        502(h);</DELETED>
        <DELETED>    ``(4)(A) in the case of a POPs chemical substance 
        or mixture, the international listing process and Conference 
        listing decision; or</DELETED>
        <DELETED>    ``(B) in the case of a LRTAP POPs chemical 
        substance or mixture, the LRTAP POPs listing 
        decision;</DELETED>
        <DELETED>    ``(5) comments on the proposed regulation; 
        and</DELETED>
        <DELETED>    ``(6) any other information that the 
        Administrator--</DELETED>
                <DELETED>    ``(A) determines to be relevant to the 
                regulation; and</DELETED>
                <DELETED>    ``(B) identifies on or before the date of 
                promulgation of the regulation.</DELETED>
<DELETED>    ``(b) Judicial Review.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 60 days after 
        the date of promulgation of a regulation under this title, any 
        person may file a petition for judicial review of the 
        regulation with--</DELETED>
                <DELETED>    ``(A) the United States Court of Appeals 
                for the District of Columbia; or</DELETED>
                <DELETED>    ``(B) the United States court of appeals 
                for the circuit in which the person resides or 
                maintains a principal place of business.</DELETED>
        <DELETED>    ``(2) Jurisdiction.--The United States courts of 
        appeals shall have exclusive jurisdiction of any action to 
        obtain judicial review (other than in an enforcement 
        proceeding) of a regulation promulgated under this title if any 
        United States district court would have had jurisdiction of the 
        action but for this paragraph.</DELETED>
        <DELETED>    ``(3) Copies.--The clerk of the court with which a 
        petition is filed under this subsection shall submit to the 
        Administrator and the Attorney General copies of the 
        petition.</DELETED>
        <DELETED>    ``(4) Rulemaking proceedings.--With respect to an 
        action to obtain judicial review under this subsection, section 
        2112 of title 28, United States Code, shall apply to--
        </DELETED>
                <DELETED>    ``(A) the filing of the record of 
                proceedings for a rulemaking on which the Administrator 
                based the regulation; and</DELETED>
                <DELETED>    ``(B) any transfer of proceedings between 
                United States courts of appeals.</DELETED>
<DELETED>    ``(c) Standard of Review.--Section 706 of title 5, United 
States Code, shall apply to the review of a regulation under this 
section.</DELETED>
<DELETED>    ``(d) Fees and Costs.--The decision of the court in an 
action commenced under subsection (b), or of the Supreme Court of the 
United States on review of such a decision, may include an award of 
costs relating to the action (including reasonable fees for attorneys 
and expert witnesses) if the court determines that such an award is 
appropriate.</DELETED>
<DELETED>    ``(e) Other Remedies.--The remedies provided under this 
section shall be in addition to and not in lieu of remedies provided 
under any other provision of law.''.</DELETED>

<DELETED>SEC. 102. EXPORTS.</DELETED>

<DELETED>    Section 12(a)(1) of the Toxic Substances Control Act (15 
U.S.C. 2611(a)(1)) is amended by striking ``(other than section 8)'' 
and inserting ``(other than section 8 or title V)''.</DELETED>

<DELETED>SEC. 103. PROHIBITED ACTS.</DELETED>

<DELETED>    Section 15 of the Toxic Substances Control Act (15 U.S.C. 
2614) is amended to read as follows:</DELETED>

<DELETED>``SEC. 15. PROHIBITED ACTS.</DELETED>

<DELETED>    ``It shall be unlawful for any person to--</DELETED>
        <DELETED>    ``(1) fail or refuse to comply with--</DELETED>
                <DELETED>    ``(A) any rule promulgated or order issued 
                under section 4;</DELETED>
                <DELETED>    ``(B) any requirement prescribed by 
                section 5 or 6;</DELETED>
                <DELETED>    ``(C) any rule promulgated or order issued 
                under section 5 or 6;</DELETED>
                <DELETED>    ``(D) any requirement of title 
                II;</DELETED>
                <DELETED>    ``(E) any rule promulgated or order issued 
                under title II;</DELETED>
                <DELETED>    ``(F) any requirement of title V; 
                or</DELETED>
                <DELETED>    ``(G) any rule promulgated under title 
                V;</DELETED>
        <DELETED>    ``(2) use for commercial purposes a chemical 
        substance or mixture that the person knew or had reason to know 
        was manufactured, processed, or distributed in commerce for 
        export in violation of--</DELETED>
                <DELETED>    ``(A) section 5 or 6;</DELETED>
                <DELETED>    ``(B) a rule promulgated or order issued 
                under section 5 or 6;</DELETED>
                <DELETED>    ``(C) an order issued in a civil action 
                brought under section 5 or 7;</DELETED>
                <DELETED>    ``(D) title V; or</DELETED>
                <DELETED>    ``(E) a rule promulgated under title 
                V;</DELETED>
        <DELETED>    ``(3) fail or refuse to establish or maintain 
        records, submit reports, notices, or other information, or 
        permit access to or copying of records as required by this Act 
        (including regulations promulgated under this Act); 
        or</DELETED>
        <DELETED>    ``(4) fail or refuse to permit entry or inspection 
        as required under section 11.''.</DELETED>

<DELETED>SEC. 104. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Section 11 of the Toxic Substances Control Act (15 
U.S.C. 2610) is amended in subsections (a) and (b) by striking ``title 
IV'' each place it appears and inserting ``title IV or V''.</DELETED>
<DELETED>    (b) Section 13(a)(1) of the Toxic Substances Control Act 
(15 U.S.C. 2612(a)(1)) is amended by striking subparagraph (B) and 
inserting the following:</DELETED>
                <DELETED>    ``(B) it is offered for entry in violation 
                of--</DELETED>
                        <DELETED>    ``(i) section 5 or 6;</DELETED>
                        <DELETED>    ``(ii) title IV or V;</DELETED>
                        <DELETED>    ``(iii) a rule or order issued 
                        under section 5 or 6 or title IV or V; 
                        or</DELETED>
                        <DELETED>    ``(iv) an order issued in a civil 
                        action brought under section 5 or 6 or title 
                        IV.''.</DELETED>
<DELETED>    (c) Section 16 of the Toxic Substances Control Act (15 
U.S.C. 2615) is amended by striking ``section 15 or 409'' each place it 
appears and inserting ``section 15, section 409, or title 
V''.</DELETED>
<DELETED>    (d) Section 17 of the Toxic Substances Control Act (15 
U.S.C. 2616) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``section 15 or 409,'' and inserting 
                        ``section 15, section 409, or title 
                        V;'';</DELETED>
                        <DELETED>    (ii) by striking subparagraph (B) 
                        and inserting the following:</DELETED>
                <DELETED>    ``(B) restrain any person from taking any 
                action prohibited by section 5 or 6, or title IV or V 
                (or a rule or order issued under any of those sections 
                or titles);'';</DELETED>
                        <DELETED>    (iii) in subparagraph (C), by 
                        striking the comma at the end and inserting a 
                        semicolon; and</DELETED>
                        <DELETED>    (iv) in subparagraph (D)--
                        </DELETED>
                                <DELETED>    (I) by striking ``title IV 
                                manufactured'' and inserting ``title IV 
                                or V manufactured''; and</DELETED>
                                <DELETED>    (II) by striking ``section 
                                5, 6, or title IV'' each place it 
                                appears and inserting ``section 5 or 6, 
                                or title IV or V''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``or 
                title V'' after ``section 15''; and</DELETED>
        <DELETED>    (2) in the first sentence of subsection (b), by 
        inserting ``or V'' after ``title IV''.</DELETED>
<DELETED>    (e) Section 18(a)(2) of the Toxic Substances Control Act 
(15 U.S.C. 2617(a)(2)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (B), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(C) no State or political subdivision 
                may establish or continue in effect any requirement 
                that is applicable to--</DELETED>
                        <DELETED>    ``(i) a POPs Chemical substance or 
                        mixture or LRTAP POPs chemical substance or 
                        mixture (as defined in title V); or</DELETED>
                        <DELETED>    ``(ii) a chemical substance or 
                        mixture that the Administrator regulates under 
                        section 502(h).''.</DELETED>
<DELETED>    (f) Section 20(a)(1) of the Toxic Substances Control Act 
(15 U.S.C. 2619(a)(1)) is amended by striking ``title II or IV'' each 
place it appears and inserting ``title II, IV, or V''.</DELETED>

   <DELETED>TITLE II--USE OR PRODUCTION OF POPS PESTICIDES</DELETED>

<DELETED>SEC. 201. DEFINITIONS.</DELETED>

<DELETED>    Section 2 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (bb) and inserting the 
        following:</DELETED>
<DELETED>    ``(bb) Unreasonable Adverse Effect on the Environment.--
</DELETED>
        <DELETED>    ``(1) In general.--The term `unreasonable adverse 
        effect on the environment', with respect to a pesticide, 
        means--</DELETED>
                <DELETED>    ``(A) any unreasonable risk to humans or 
                the environment, taking into account the economic, 
                social, and environmental costs and benefits of the use 
                of the pesticide;</DELETED>
                <DELETED>    ``(B) a human dietary risk from a residue 
                that results from a use of the pesticide in or on any 
                food inconsistent with the standard established under 
                section 408 of the Federal Food, Drug, and Cosmetic Act 
                (21 U.S.C. 346a); or</DELETED>
                <DELETED>    ``(C) any production or use of the 
                pesticide that is inconsistent with an amendment to 
                Annex A or B to the POPs Convention as adopted by the 
                Conference, or an amendment to Annex I or II to the 
                LRTAP POPs Protocol as adopted by the Executive Body, 
                unless the production or use of the pesticide is 
                necessary--</DELETED>
                        <DELETED>    ``(i) to prevent significant 
                        adverse effects on human health or the 
                        environment that would pose significantly 
                        greater risks than the risks associated with 
                        the production or use of the pesticide; 
                        or</DELETED>
                        <DELETED>    ``(ii) to avoid a significant 
                        disruption in domestic production of an 
                        adequate, wholesome, and economical food 
                        supply.</DELETED>
        <DELETED>    ``(2) Public health pesticides.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                consider the risks and benefits of public health 
                pesticides separately from the risks and benefits of 
                other pesticides.</DELETED>
                <DELETED>    ``(B) Health risks.--In weighing any 
                regulatory action concerning a public health pesticide 
                under this Act, the Administrator shall weigh any risks 
                of the public health pesticide against the health risks 
                (such as the diseases transmitted by the vector) to be 
                controlled by the public health pesticide.''; 
                and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(pp) Conference.--The term `Conference' means the 
Conference of the Parties established by paragraph 1 of Article 19 of 
the POPs Convention.</DELETED>
<DELETED>    ``(qq) Executive Body.--The term `Executive Body' means 
the Executive Body established by Article 10 of the LRTAP 
Convention.</DELETED>
<DELETED>    ``(rr) LRTAP Convention.--The term `LRTAP Convention' 
means the Convention on Long-Range Transboundary Air Pollution, done at 
Geneva on November 13, 1979 (TIAS 10541).</DELETED>
<DELETED>    ``(ss) LRTAP POPs Pesticide.--The term `LRTAP POPs 
pesticide' means any pesticide or active ingredient--</DELETED>
        <DELETED>    ``(1) used in producing a pesticide that--
        </DELETED>
                <DELETED>    ``(A) is listed in Annex I or II to the 
                LRTAP POPs Protocol; but</DELETED>
                <DELETED>    ``(B) is not listed in Annex A or B to the 
                POPs Convention; and</DELETED>
        <DELETED>    ``(2) with respect to which the listing in Annex I 
        or II to the LRTAP POPs Protocol has entered into force with 
        respect to the United States under paragraph 3 of Article 14 of 
        the LRTAP POPs Protocol.</DELETED>
<DELETED>    ``(tt) LRTAP POPs Protocol.--The term `LRTAP POPs 
Protocol' means the Protocol on Persistent Organic Pollutants to the 
LRTAP Convention, done at Aarhus on June 24, 1998.</DELETED>
<DELETED>    ``(uu) POPs Convention.--The term `POPs Convention' means 
the Stockholm Convention on Persistent Organic Pollutants, done at 
Stockholm on May 22, 2001.</DELETED>
<DELETED>    ``(vv) POPs Pesticide.--The term `POPs pesticide' means--
</DELETED>
        <DELETED>    ``(1) aldrin;</DELETED>
        <DELETED>    ``(2) chlordane;</DELETED>
        <DELETED>    ``(3) dichlorodiphenyltrichloroethane 
        (DDT);</DELETED>
        <DELETED>    ``(4) dieldrin;</DELETED>
        <DELETED>    ``(5) endrin;</DELETED>
        <DELETED>    ``(6) heptachlor;</DELETED>
        <DELETED>    ``(7) hexachlorobenzene;</DELETED>
        <DELETED>    ``(8) mirex;</DELETED>
        <DELETED>    ``(9) toxaphene; and</DELETED>
        <DELETED>    ``(10) any other pesticide or active ingredient 
        used in producing a pesticide--</DELETED>
                <DELETED>    ``(A) that is listed in Annex A or B to 
                the POPs Convention; and</DELETED>
                <DELETED>    ``(B) with respect to which an amendment 
                adding the pesticide or active ingredient used in 
                producing a pesticide to Annex A or B to the POPs 
                Convention has entered into force with respect to the 
                United States under paragraph 4 of Article 22 of the 
                POPs Convention.</DELETED>
<DELETED>    ``(ww) POPs Review Committee.--The term `POPs Review 
Committee' means the Persistent Organic Pollutants Review Committee 
established under paragraph 6 of Article 19 of the POPs 
Convention.''.</DELETED>

<DELETED>SEC. 202. REGISTRATION OF PESTICIDES.</DELETED>

<DELETED>    Section 3 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a) is amended by striking subsection (b) 
and inserting the following:</DELETED>
<DELETED>    ``(b) Exemptions.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), any pesticide that is not registered with the 
        Administrator may be transferred if--</DELETED>
                <DELETED>    ``(A) the transfer is from 1 registered 
                establishment to a second registered establishment 
                operated by the same producer solely for--</DELETED>
                        <DELETED>    ``(i) packaging at the second 
                        establishment; or</DELETED>
                        <DELETED>    ``(ii) use as a constituent part 
                        of another pesticide at the second 
                        establishment; or</DELETED>
                <DELETED>    ``(B) the transfer is in accordance with 
                the requirements of an experimental use 
                permit.</DELETED>
        <DELETED>    ``(2) POPs pesticides.--Paragraph (1) shall not 
        apply to a POPs pesticide or LRTAP POPs pesticide unless the 
        POPs pesticide or LRTAP POPs pesticide is permitted to be 
        transferred under any applicable exemption under subsection 
        (e)(3) or (f)(3) of section 17.''.</DELETED>

<DELETED>SEC. 203. UNLAWFUL ACTS.</DELETED>

<DELETED>    Section 12(a)(2) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (R), by striking ``or'' at the 
        end;</DELETED>
        <DELETED>    (2) in subparagraph (S), by striking the period at 
        the end and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(T) to violate section 17.''.</DELETED>

<DELETED>SEC. 204. IMPORTS, EXPORTS, AND INTERNATIONAL 
              CONVENTIONS.</DELETED>

<DELETED>    (a) Pesticides and Devices Intended for Export.--Section 
17(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136o(a)) is amended in the first sentence--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (2), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(3) if the export is in compliance with this 
        section.''.</DELETED>
<DELETED>    (b) Imports of Pesticides and Devices.--Section 17(c) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136o(c)) is amended by adding at the end the following: ``Nothing in 
this subsection authorizes the import of any POPs pesticide that is 
prohibited under subsection (e).''.</DELETED>
<DELETED>    (c) International Conventions and Cooperation in 
International Efforts.--Section 17 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136o) is amended--</DELETED>
        <DELETED>    (1) in subsection (d)--</DELETED>
                <DELETED>    (A) by striking ``agency, participate'' 
                and inserting ``agency--</DELETED>
        <DELETED>    ``(1) participate'';</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) participate in technical cooperation and 
        capacity building activities designed to support implementation 
        of--</DELETED>
                <DELETED>    ``(A) the LRTAP POPs Protocol;</DELETED>
                <DELETED>    ``(B) the Rotterdam Convention on the 
                Prior Informed Consent Procedure for Certain Hazardous 
                Chemicals and Pesticides in International Trade, done 
                at Rotterdam on September 10, 1998; and</DELETED>
                <DELETED>    ``(C) the POPs Convention.'';</DELETED>
        <DELETED>    (2) by redesignating subsection (e) as subsection 
        (h); and</DELETED>
        <DELETED>    (3) by inserting after subsection (d) the 
        following:</DELETED>
<DELETED>    ``(e) POPs Convention.--</DELETED>
        <DELETED>    ``(1) Prohibition on specified pops pesticides.--
        Subject to paragraph (3) and the POPs Convention, 
        notwithstanding any other provision of law, a person shall not 
        sell, distribute, use, produce, or conduct any disposal 
        operation that may lead to recovery, recycling, reclamation, 
        reuse, or an alternative use of a POPs pesticide specified in 
        any of paragraphs (1) through (9) of section 2(vv).</DELETED>
        <DELETED>    ``(2) Prohibition on other pops pesticides.--
        </DELETED>
                <DELETED>    ``(A) In general.--Subject to paragraph 
                (3), notwithstanding any other provision of law, a 
                person shall not use, produce, or conduct any disposal 
operation that may lead to recovery, recycling, reclamation, reuse, or 
an alternative use of a POPs pesticide described in section 2(vv)(10) 
that--</DELETED>
                        <DELETED>    ``(i) is not subject to paragraph 
                        (1); and</DELETED>
                        <DELETED>    ``(ii) meets a condition described 
                        in subparagraph (B).</DELETED>
                <DELETED>    ``(B) Cancellation or statement of 
                compliance.--</DELETED>
                        <DELETED>    ``(i) In general.--The condition 
                        referred to in subparagraph (A)(ii) is that, in 
                        accordance with this Act, the Administrator, 
                        with the concurrence of the Secretary of 
                        State--</DELETED>
                                <DELETED>    ``(I) subject to clause 
                                (ii), cancels under section 6 any 
                                existing registration that the 
                                Administrator determines would prevent 
                                the United States from complying with 
                                the obligations of the United States 
                                under the POPs Convention if the United 
                                States were to become a party to the 
                                POPs Convention with respect to the 
                                POPs pesticide; or</DELETED>
                                <DELETED>    ``(II) after providing 
                                notice and an opportunity for comment--
                                </DELETED>
                                        <DELETED>    ``(aa) issues a 
                                        statement that there are no 
                                        existing registrations for the 
                                        POPs pesticide that would 
                                        prevent the United States from 
                                        complying with the obligations 
                                        of the United States under the 
                                        POPs Convention; and</DELETED>
                                        <DELETED>    ``(bb) in the 
                                        statement, identifies any uses 
                                        of the POPs pesticide permitted 
                                        in the United States that would 
                                        not prevent the United States 
                                        from complying with the 
                                        obligations of the United 
                                        States under the POPs 
                                        Convention.</DELETED>
                        <DELETED>    ``(ii) Effective date of 
                        cancellation.--An action under clause (i)(I) 
                        and section 6 based on a finding of the 
                        Administrator that production or use of a POPs 
                        pesticide would result in an unreasonable 
                        adverse effect on the environment because of an 
                        inconsistency with an amendment to Annex A or B 
                        to the POPs Convention shall not become 
                        effective until such time as the amendment 
                        enters into force with respect to the United 
                        States under paragraph 4 of Article 22 of the 
                        POPs Convention.</DELETED>
        <DELETED>    ``(3) Exemptions.--</DELETED>
                <DELETED>    ``(A) Exemptions under pops convention.--
                To the extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any sale, distribution, use, or production 
                of a POPs pesticide that the Administrator determines, 
                through a cancellation order issued under section 6 or 
                a statement issued under paragraph (2)(B)(i)(II)--
                </DELETED>
                        <DELETED>    ``(i) is consistent with--
                        </DELETED>
                                <DELETED>    ``(I) a production or use 
                                specific exemption under Annex A or B 
                                to the POPs Convention; or</DELETED>
                                <DELETED>    ``(II) an acceptable 
                                purpose available to the United States 
                                under Annex B to the POPs Convention; 
                                and</DELETED>
                        <DELETED>    ``(ii) would, as a result, not 
                        prevent the United States from complying with 
                        the obligations of the United States under the 
                        POPs Convention.</DELETED>
                <DELETED>    ``(B) Unintentional trace contaminants.--
                To the extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any quantity of a POPs pesticide that 
                occurs as an unintentional trace contaminant in an 
                article.</DELETED>
                <DELETED>    ``(C) Research.--To the extent consistent 
                with the POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any quantity 
                of a POPs pesticide that is used for laboratory scale 
                research or as a reference standard.</DELETED>
                <DELETED>    ``(D) Constituent of article in use before 
                prohibition applied.--To the extent consistent with the 
                POPs Convention, the prohibitions specified in 
                paragraphs (1) and (2) shall not apply to any quantity 
                of a POPs pesticide that occurs as a constituent of an 
                article, if--</DELETED>
                        <DELETED>    ``(i) the article is manufactured 
                        or in use on or before the date of entry into 
                        force of the obligation applicable to the POPs 
                        pesticide; and</DELETED>
                        <DELETED>    ``(ii) the Administrator has met 
                        any applicable requirement of the POPs 
                        Convention to notify the Secretariat of the 
                        POPs Convention concerning the 
                        article.</DELETED>
                <DELETED>    ``(E) Distribution for export if 
                production or use specific exemption or acceptable 
                purpose is in effect.--</DELETED>
                        <DELETED>    ``(i) In general.--To the extent 
                        consistent with the POPs Convention, the 
                        prohibitions specified in paragraphs (1) and 
                        (2) shall not apply to any distribution for 
                        export of any POPs pesticide for which a 
                        production or use specific exemption under 
                        Annex A to the POPs Convention is in effect, or 
                        for which a production or use specific 
                        exemption or acceptable purpose under Annex B 
                        to the POPs Convention is in effect, if the 
                        POPs pesticide complies with an export 
                        condition described in clause (ii), (iii), or 
                        (iv).</DELETED>
                        <DELETED>    ``(ii) Export for environmentally 
                        sound disposal.--An export condition referred 
                        to in clause (i) is that the POPs pesticide is 
                        exported for the purpose of environmentally 
                        sound disposal in accordance with paragraph 
1(d) of Article 6 of the POPs Convention.</DELETED>
                        <DELETED>    ``(iii) Export to party with 
                        permission to use.--An export condition 
                        referred to in clause (i) is that the POPs 
                        pesticide is exported to a party to the POPs 
                        Convention that is permitted to use the POPs 
                        pesticide under Annex A or B to the POPs 
                        Convention.</DELETED>
                        <DELETED>    ``(iv) Export to nonparty in 
                        accordance with nonparty certification.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--An 
                                export condition referred to in clause 
                                (i) is that the POPs pesticide is 
                                exported, to an importing country that 
                                is not a party to the POPs Convention 
                                with respect to the POPs pesticide, for 
                                sale, distribution, or use in 
                                accordance with a complete and accurate 
                                nonparty certification that the 
                                importing country annually provides to 
                                the Administrator.</DELETED>
                                <DELETED>    ``(II) Commitments by 
                                importing nonparty.--Consistent with 
                                the POPs Convention, an annual nonparty 
                                certification under subclause (I) shall 
                                specify the intended use of the POPs 
                                pesticide and state that, with respect 
                                to the POPs pesticide, the importing 
                                nonparty is committed to--</DELETED>
                                        <DELETED>    ``(aa) protecting 
                                        human health and the 
                                        environment by taking necessary 
                                        measures to minimize or prevent 
                                        releases;</DELETED>
                                        <DELETED>    ``(bb) complying 
                                        with paragraph 1 of Article 6 
                                        of the POPs Convention; 
                                        and</DELETED>
                                        <DELETED>    ``(cc) complying, 
                                        to the extent appropriate, with 
                                        paragraph 2 of Part II of Annex 
                                        B to the POPs 
                                        Convention.</DELETED>
                                <DELETED>    ``(III) Supporting 
                                documentation.--Each nonparty 
                                certification shall include any 
                                appropriate supporting documentation, 
                                such as legislation, regulatory 
                                instruments, and administrative or 
                                policy guidelines.</DELETED>
                                <DELETED>    ``(IV) Submission to 
                                secretariat of pops convention.--Not 
                                later than 60 days after the date of 
                                receipt of a complete nonparty 
                                certification, the Administrator shall 
                                submit a copy of the nonparty 
                                certification to the Secretariat of the 
                                POPs Convention.</DELETED>
                <DELETED>    ``(F) Export for environmentally sound 
                disposal if no production or use specific exemption in 
                effect.--To the extent consistent with the POPs 
                Convention, the prohibitions specified in paragraphs 
                (1) and (2) shall not apply to any distribution for 
                export for the purpose of environmentally sound 
                disposal, in accordance with paragraph 1(d) of Article 
                6 of the POPs Convention, of a POPs pesticide listed in 
                Annex A to the POPs Convention for which no production 
                or use specific exemption is in effect for any party to 
                the POPs Convention.</DELETED>
                <DELETED>    ``(G) Imports for specified purposes.--To 
                the extent consistent with the POPs Convention, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to any distribution of a POPs pesticide that 
                is imported--</DELETED>
                        <DELETED>    ``(i) for the purpose of 
                        environmentally sound disposal in accordance 
                        with paragraph 1(d) of Article 6 of the POPs 
                        Convention; or</DELETED>
                        <DELETED>    ``(ii) for a purpose authorized 
                        under a cancellation order issued under section 
                        6.</DELETED>
                <DELETED>    ``(H) No effect on other prohibitions.--
                Nothing in this paragraph authorizes any sale, 
                distribution, use, or production, or any disposal 
                operation, that may lead to recovery, recycling, 
                reclamation, reuse, or an alternative use, of any POPs 
                pesticide that is prohibited under any other provision 
                of law.</DELETED>
        <DELETED>    ``(4) Certification statement accompanying pops 
        pesticides.--</DELETED>
                <DELETED>    ``(A) In general.--Each POPs pesticide 
                that is sold or distributed under subparagraph (A), 
                (C), (E), (F), or (G) of paragraph (3) shall be 
                accompanied by a certification statement.</DELETED>
                <DELETED>    ``(B) Person required to prepare.--A 
                certification statement required by subparagraph (A) 
                shall be prepared--</DELETED>
                        <DELETED>    ``(i) by the producer of the POPs 
                        pesticide; or</DELETED>
                        <DELETED>    ``(ii) if there is no 
                        certification statement accompanying the POPs 
                        pesticide, by any person that sells or 
                        distributes the POPs pesticide.</DELETED>
                <DELETED>    ``(C) Required elements.--The 
                certification statement shall contain--</DELETED>
                        <DELETED>    ``(i) a specification of the 
                        quantity and identity of the POPs 
                        pesticide;</DELETED>
                        <DELETED>    ``(ii) the basis for application 
                        of subparagraph (A), (C), (E), (F), or (G) of 
                        paragraph (3); and</DELETED>
                        <DELETED>    ``(iii) such other information as 
                        the Administrator determines to be necessary 
                        for effective enforcement of this 
                        subsection.</DELETED>
                <DELETED>    ``(D) Duties of sellers and 
                distributors.--Any person that sells or distributes the 
                POPs pesticide shall ensure that--</DELETED>
                        <DELETED>    ``(i) the certification statement 
                        accompanies the POPs pesticide when the POPs 
                        pesticide is sold or distributed; and</DELETED>
                        <DELETED>    ``(ii) the sale or distribution is 
                        consistent with the certification 
                        statement.</DELETED>
                <DELETED>    ``(E) Maintenance of certification 
                statement.--A person that prepares a certification 
                statement shall maintain a copy of the certification 
                statement for a period of not less than 3 years 
                beginning on the date on which the certification 
                statement is prepared.</DELETED>
                <DELETED>    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                </DELETED>
                        <DELETED>    ``(i) to facilitate implementation 
                        of this paragraph; and</DELETED>
                        <DELETED>    ``(ii) to ensure that this 
                        paragraph is implemented in compliance with the 
                        POPs Convention.</DELETED>
        <DELETED>    ``(5) Submission of information.--</DELETED>
                <DELETED>    ``(A) Proposal for listing meets pops 
                convention screening criteria.--</DELETED>
                        <DELETED>    ``(i) Publication of notice in 
                        federal register.--As soon as practicable after 
                        the date of a determination by the POPs Review 
                        Committee that a proposal for listing a 
                        pesticide in Annex A, B, or C to the POPs 
                        Convention meets the screening criteria 
                        specified in Annex D to the POPs Convention, 
                        the Administrator shall publish in the Federal 
                        Register a notice that--</DELETED>
                                <DELETED>    ``(I) identifies the 
                                pesticide; and</DELETED>
                                <DELETED>    ``(II) summarizes the 
                                determination of the POPs Review 
                                Committee.</DELETED>
                        <DELETED>    ``(ii) Provision of arguments or 
                        information to the administrator.--Not later 
                        than 60 days after the date of publication of 
                        the notice under clause (i), any registrant of 
                        the pesticide or other interested person that 
                        might support or object to any listing of the 
                        pesticide in Annex A, B, or C to the POPs 
                        Convention may provide to the Administrator any 
                        arguments or information associated with the 
                        risks or benefits of use of the pesticide 
                        (including information specified in Annex D or 
                        E to the POPs Convention) that, in the opinion 
                        of the registrant or other interested person, 
                        supports a determination that--</DELETED>
                                <DELETED>    ``(I) the determination by 
                                the POPs Review Committee is incorrect; 
                                or</DELETED>
                                <DELETED>    ``(II) any or all uses of 
                                the pesticide in the United States do 
                                or do not result in any unreasonable 
                                adverse effect on the 
                                environment.</DELETED>
                        <DELETED>    ``(iii) Provision of additional 
                        information.--If a registrant or other 
                        interested person obtains, after the deadline 
                        established under clause (ii), additional 
                        information that was not available to the 
                        registrant or other interested person by the 
                        deadline, the registrant or other interested 
                        person may provide to the Administrator the 
                        additional information, and arguments based on 
                        the additional information, not later than 60 
                        days after the date of acquisition by the 
                        registrant or other interested person of the 
                        additional information.</DELETED>
                        <DELETED>    ``(iv) Report by administrator to 
                        secretary of state.--Based on information 
                        received under this paragraph and any other 
                        relevant information available to the 
                        Administrator, the Administrator, not later 
                        than 180 days after the date of publication of 
                        the notice under clause (i), shall submit to 
                        the Secretary of State a report that contains, 
                        at a minimum--</DELETED>
                                <DELETED>    ``(I) information on the 
                                registered uses in the United States of 
                                the pesticide; and</DELETED>
                                <DELETED>    ``(II) an assessment of 
                                the benefits and risks associated with 
                                the uses in the United States of the 
                                pesticide.</DELETED>
                <DELETED>    ``(B) Decision to proceed with listing 
                process.--</DELETED>
                        <DELETED>    ``(i) Publication of notice in 
                        federal register.--If the POPs Review Committee 
                        decides under paragraph 7 of Article 8 of the 
                        POPs Convention that a proposal for listing a 
                        pesticide shall proceed, the Administrator 
                        shall publish in the Federal Register a notice 
                        that--</DELETED>
                                <DELETED>    ``(I) identifies the 
                                pesticide; and</DELETED>
                                <DELETED>    ``(II) summarizes the 
                                decision of the POPs Review 
                                Committee.</DELETED>
                        <DELETED>    ``(ii) Provision of information by 
                        interested persons.--Not later than 60 days 
                        after the date of publication of the notice 
                        under clause (i), any person interested in a 
                        pesticide that is the subject of the notice may 
                        provide to the Administrator--</DELETED>
                                <DELETED>    ``(I) consistent with the 
                                information needs described in Annex F 
                                to the POPs Convention, any information 
                                that the person believes is relevant 
                                to--</DELETED>
                                        <DELETED>    ``(aa) a risk 
                                        management evaluation carried 
                                        out under paragraph 7 of 
                                        Article 8 of the POPs 
                                        Convention;</DELETED>
                                        <DELETED>    ``(bb) a decision 
                                        by the Conference under 
                                        paragraph 9 of Article 8 of the 
                                        POPs Convention; or</DELETED>
                                        <DELETED>    ``(cc) an action 
                                        under section 6(b); 
                                        and</DELETED>
                                <DELETED>    ``(II) information on any 
                                article in use that consists of, 
                                contains, or is contaminated with the 
                                pesticide.</DELETED>
                <DELETED>    ``(C) Effect of failure to submit 
                information.--If an argument or item of information is 
                not submitted by a deadline established under this 
                paragraph, a person may not raise the argument or 
                submit the information in any subsequent cancellation 
proceeding initiated by the Administrator under section 6 in response 
to a listing decision by the Conference unless the person that seeks to 
raise the argument or submit the information demonstrates that the 
argument or information could not reasonably have been made available 
to the Administrator by the deadlines established under this 
paragraph.</DELETED>
<DELETED>    ``(f) LRTAP POPs Protocol.--</DELETED>
        <DELETED>    ``(1) Prohibition on specified lrtap pops 
        pesticides.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), paragraph (3), and the LRTAP POPs Protocol, 
                notwithstanding any other provision of law, a person 
                shall not sell, distribute, use, produce, or conduct 
                any disposal operation that may lead to recovery, 
                recycling, reclamation, reuse, or an alternative use of 
                any of the following LRTAP POPs pesticides:</DELETED>
                        <DELETED>    ``(i) Chlordecone.</DELETED>
                        <DELETED>    ``(ii) 
                        Hexabromobiphenyl.</DELETED>
                        <DELETED>    ``(iii) Hexachlorocyclohexane 
                        (HCH).</DELETED>
                <DELETED>    ``(B) Addition to annex a or b to pops 
                convention.--If a LRTAP POPs pesticide specified in 
                subparagraph (A) is added to Annex A or B to the POPs 
                Convention and the amendment making the addition enters 
                into force with respect to the United States under 
                paragraph 4 of Article 22 of the POPs Convention--
                </DELETED>
                        <DELETED>    ``(i) subparagraph (A) shall not 
                        apply to the LRTAP POPs pesticide; 
                        and</DELETED>
                        <DELETED>    ``(ii) the LRTAP POPs pesticide 
                        shall be subject to subsection (e).</DELETED>
        <DELETED>    ``(2) Prohibition on other lrtap pops 
        pesticides.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to paragraph 
                (3), notwithstanding any other provision of law, a 
                person shall not sell, distribute, use, or produce a 
                LRTAP POPs pesticide that--</DELETED>
                        <DELETED>    ``(i) is not subject to paragraph 
                        (1); and</DELETED>
                        <DELETED>    ``(ii) meets a condition described 
                        in subparagraph (B).</DELETED>
                <DELETED>    ``(B) Cancellation or statement of 
                compliance.--</DELETED>
                        <DELETED>    ``(i) In general.--The condition 
                        referred to in subparagraph (A)(ii) is that, in 
                        accordance with this Act, the Administrator, 
                        with the concurrence of the Secretary of 
                        State--</DELETED>
                                <DELETED>    ``(I) subject to clause 
                                (ii), cancels under section 6 any 
                                existing registration that the 
                                Administrator determines would prevent 
                                the United States from complying with 
                                the obligations of the United States 
                                under the LRTAP POPs Protocol if the 
                                United States were to become a party to 
                                the LRTAP POPs Protocol for the LRTAP 
                                POPs pesticide; or</DELETED>
                                <DELETED>    ``(II) after providing 
                                notice and an opportunity for comment--
                                </DELETED>
                                        <DELETED>    ``(aa) issues a 
                                        statement that there are no 
                                        existing registrations for the 
                                        LRTAP POPs pesticide that would 
                                        prevent the United States from 
                                        complying with the obligations 
                                        of the United States under the 
                                        LRTAP POPs Protocol; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) in the 
                                        statement, identifies any uses 
                                        of the LRTAP POPs pesticide 
                                        permitted in the United States 
                                        that would not prevent the 
                                        United States from complying 
                                        with the obligations of the 
                                        United States under the POPs 
                                        Convention.</DELETED>
                        <DELETED>    ``(ii) Effective date of 
                        cancellation.--An action under clause (i)(I) 
                        and section 6 based on a finding of the 
                        Administrator that production or use of a 
                        pesticide would result in an unreasonable 
                        adverse effect on the environment because of an 
                        inconsistency with an amendment to Annex I or 
                        II to the LRTAP POPs Protocol shall not become 
                        effective until such time as the amendment 
                        enters into force with respect to the United 
                        States under paragraph 3 of Article 14 of the 
                        LRTAP POPs Protocol.</DELETED>
        <DELETED>    ``(3) Exemptions.--</DELETED>
                <DELETED>    ``(A) In general.--To the extent 
                consistent with the LRTAP POPs Protocol, the 
                prohibitions specified in paragraphs (1) and (2) shall 
                not apply to--</DELETED>
                        <DELETED>    ``(i) any sale, distribution, use, 
                        or production of a LRTAP POPs pesticide that 
                        the Administrator determines, through a 
                        cancellation order issued under section 6 or a 
                        statement issued under paragraph 
                        (2)(B)(i)(II)--</DELETED>
                                <DELETED>    ``(I) is consistent with 
                                an exemption available to the United 
                                States under Annex I or II to the LRTAP 
                                POPs Protocol; and</DELETED>
                                <DELETED>    ``(II) would, as a result, 
                                not prevent the United States from 
                                complying with the obligations of the 
                                United States under the LRTAP POPs 
                                Protocol;</DELETED>
                        <DELETED>    ``(ii) any quantity of a LRTAP 
                        POPs pesticide that is used for laboratory 
                        scale research or as a reference 
                        standard;</DELETED>
                        <DELETED>    ``(iii) any quantity of a LRTAP 
                        POPs pesticide that occurs as a contaminant in 
                        an article;</DELETED>
                        <DELETED>    ``(iv) any quantity of a LRTAP 
                        POPs pesticide that is in an article 
                        manufactured or in use on or before--</DELETED>
                                <DELETED>    ``(I) the implementation 
                                date of the LRTAP POPs Protocol; 
                                or</DELETED>
                                <DELETED>    ``(II) in the case of any 
                                LRTAP POPs pesticide added to any 
                                applicable Annex after the 
                                implementation date of the LRTAP POPs 
                                Protocol, the implementation date of 
                                the amendment to the LRTAP POPs 
                                Protocol that makes the addition; 
                                or</DELETED>
                        <DELETED>    ``(v) the production or use of any 
                        quantity of hexachlorocyclohexane (HCH) that 
                        complies with the restrictions and conditions 
                        specified for HCH in Annex II to the LRTAP POPs 
                        Protocol.</DELETED>
                <DELETED>    ``(B) Petitions for exemptions authorized 
                by lrtap pops protocol.--</DELETED>
                        <DELETED>    ``(i) In general.--A person may 
                        petition the Administrator for an exemption 
                        from a prohibition specified in paragraph (1) 
                        or (2) that is consistent with the exemptions 
                        authorized under paragraph 2 of Article 4 of 
                        the LRTAP POPs Protocol.</DELETED>
                        <DELETED>    ``(ii) Required elements of 
                        petitions.--Any petition under clause (i) 
                        shall, at a minimum, contain--</DELETED>
                                <DELETED>    ``(I) information relating 
                                to each finding, if any, that the 
                                Administrator is required to make under 
                                the LRTAP POPs Protocol before granting 
                                the exemption; and</DELETED>
                                <DELETED>    ``(II) any additional 
                                information, if any, that the 
                                Administrator is required to provide to 
                                the Secretariat of the LRTAP POPs 
                                Protocol concerning a granted 
                                exemption.</DELETED>
                        <DELETED>    ``(iii) Grant or denial of 
                        petition.--The Administrator, with the 
                        concurrence of the Secretary of State, shall--
                        </DELETED>
                                <DELETED>    ``(I) if the petition is 
                                authorized for the United States under, 
                                and is otherwise consistent with, the 
                                LRTAP POPs Protocol, grant the petition 
                                with such conditions or limitations as 
                                are necessary to meet any requirement 
                                of the LRTAP POPs Protocol or any other 
                                provision of law; or</DELETED>
                                <DELETED>    ``(II) deny the 
                                petition.</DELETED>
                        <DELETED>    ``(iv) Provision of information to 
                        secretariat.--Notwithstanding any other 
                        provision of law, if the Administrator grants 
                        the petition, the Administrator, not later than 
                        90 days after the date on which the petition is 
                        granted, shall provide the Secretariat of the 
                        LRTAP POPs Protocol with the information 
                        specified in paragraph 3 of Article 4 of the 
                        LRTAP POPs Protocol.</DELETED>
                        <DELETED>    ``(v) Disallowance of exemption by 
                        lrtap pops protocol.--</DELETED>
                                <DELETED>    ``(I) In general.--If, 
                                after an exemption has been granted 
                                under this subparagraph, the exemption 
                                is no longer authorized for the United 
                                States under the LRTAP POPs Protocol, 
                                it shall be unlawful for any person to 
                                sell, distribute, use, or produce a 
                                LRTAP POPs pesticide in the manner 
                                authorized by the petition.</DELETED>
                                <DELETED>    ``(II) Publication of 
                                notice in federal register.--The 
                                Administrator shall publish in the 
                                Federal Register a notice announcing 
                                the disallowance of any exemption under 
                                subclause (I).</DELETED>
                <DELETED>    ``(C) No effect on other prohibitions.--
                Nothing in this paragraph authorizes any sale, 
                distribution, use, production, or disposal operation 
                that may lead to recovery, recycling, reclamation, 
                reuse, or an alternative use of any LRTAP POPs 
                pesticide that is prohibited under any other provision 
                of law.</DELETED>
        <DELETED>    ``(4) Certification statement accompanying lrtap 
        pops pesticides.--</DELETED>
                <DELETED>    ``(A) In general.--Each LRTAP POPs 
                pesticide that is sold or distributed under 
                subparagraph (A)(i), (A)(ii), or (B) of paragraph (3) 
                shall be accompanied by a certification 
                statement.</DELETED>
                <DELETED>    ``(B) Person required to prepare.--A 
                certification statement required by subparagraph (A) 
                shall be prepared--</DELETED>
                        <DELETED>    ``(i) by the producer of the LRTAP 
                        POPs pesticide; or</DELETED>
                        <DELETED>    ``(ii) if there is no 
                        certification statement accompanying the LRTAP 
                        POPs pesticide, by any person that sells or 
                        distributes the LRTAP POPs pesticide.</DELETED>
                <DELETED>    ``(C) Required elements.--The 
                certification statement shall contain--</DELETED>
                        <DELETED>    ``(i) a specification of the 
                        quantity and identity of the LRTAP POPs 
                        pesticide;</DELETED>
                        <DELETED>    ``(ii) the basis for application 
                        of subparagraph (A)(i), (A)(ii), or (B) of 
                        paragraph (3); and</DELETED>
                        <DELETED>    ``(iii) such other information as 
                        the Administrator determines to be necessary 
                        for effective enforcement of this 
                        subsection.</DELETED>
                <DELETED>    ``(D) Duties of sellers and 
                distributors.--Any person that sells or distributes the 
                LRTAP POPs pesticide shall ensure that--</DELETED>
                        <DELETED>    ``(i) the certification statement 
                        accompanies the LRTAP POPs pesticide when the 
                        LRTAP POPs pesticide is sold or distributed; 
                        and</DELETED>
                        <DELETED>    ``(ii) the sale or distribution is 
                        consistent with the certification 
                        statement.</DELETED>
                <DELETED>    ``(E) Maintenance of certification 
                statement.--A person that prepares a certification 
                statement shall maintain a copy of the certification 
                statement for a period of not less than 3 years 
                beginning on the date on which the certification 
                statement is prepared.</DELETED>
                <DELETED>    ``(F) Regulations.--The Administrator may 
                promulgate such regulations as are necessary--
                </DELETED>
                        <DELETED>    ``(i) to facilitate implementation 
                        of this paragraph; and</DELETED>
                        <DELETED>    ``(ii) to ensure that this 
                        paragraph is implemented in compliance with the 
                        LRTAP POPs Protocol.</DELETED>
        <DELETED>    ``(5) Submission of information.--</DELETED>
                <DELETED>    ``(A) Risk profile in support of proposed 
                amendment to list.--</DELETED>
                        <DELETED>    ``(i) Publication of notice in 
                        federal register.--As soon as practicable after 
                        the date of submission to the Executive Body of 
                        a risk profile in support of a proposed 
                        amendment to list a pesticide in Annex I, II, 
                        or III to the LRTAP POPs Protocol, the 
                        Administrator shall publish in the Federal 
                        Register a notice that--</DELETED>
                                <DELETED>    ``(I) identifies the 
                                pesticide; and</DELETED>
                                <DELETED>    ``(II) summarizes the risk 
                                profile for the pesticide.</DELETED>
                        <DELETED>    ``(ii) Provision of arguments or 
                        information to the administrator.--Not later 
                        than 60 days after the date of publication of 
                        the notice under clause (i), any registrant of 
                        the pesticide or other interested person that 
                        might support or object to any listing of the 
                        pesticide in Annex I, II, or III to the LRTAP 
                        POPs Protocol may provide to the Administrator 
                        any arguments or information associated with 
                        the risks or benefits of use of the pesticide 
                        that, in the opinion of the registrant or other 
                        interested person, supports a determination 
                        that--</DELETED>
                                <DELETED>    ``(I) the risk profile is 
                                incorrect; or</DELETED>
                                <DELETED>    ``(II) any or all uses of 
                                the pesticide in the United States do 
                                or do not result in any unreasonable 
                                adverse effect on the 
                                environment.</DELETED>
                        <DELETED>    ``(iii) Provision of additional 
                        information.--If a registrant or other 
                        interested person obtains, after the deadline 
                        established under clause (ii), additional 
                        information that was not available to the 
                        registrant or other interested person by the 
                        deadline, the registrant or other interested 
                        person may provide to the Administrator the 
                        additional information, and arguments based on 
                        the additional information, not later than 60 
                        days after the date of acquisition by the 
                        registrant or other interested person of the 
                        additional information.</DELETED>
                        <DELETED>    ``(iv) Report by administrator to 
                        secretary of state.--Based on information 
                        received under this paragraph and any other 
                        relevant information available to the 
                        Administrator, the Administrator, not later 
                        than 180 days after the date of publication of 
                        the notice under clause (i), shall submit to 
                        the Secretary of State a report that contains, 
                        at a minimum--</DELETED>
                                <DELETED>    ``(I) information on the 
                                registered uses in the United States of 
                                the pesticide; and</DELETED>
                                <DELETED>    ``(II) an assessment of 
                                the benefits and risks associated with 
                                the uses in the United States of the 
                                pesticide.</DELETED>
                <DELETED>    ``(B) Effect of failure to submit 
                information.--If an argument or item of information is 
                not submitted by a deadline established under this 
                paragraph, a person may not raise the argument or 
                submit the information in any subsequent cancellation 
                proceeding initiated by the Administrator under section 
                6 in response to an amendment to Annex I, II, or III to 
the LRTAP POPs Protocol unless the person that seeks to raise the 
argument or submit the information demonstrates that the argument or 
information could not reasonably have been made available to the 
Administrator by the deadlines established under this 
paragraph.</DELETED>
<DELETED>    ``(g) Notice and Record of Prohibitions, Exemptions, 
Disallowances, and Other Information.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator--</DELETED>
                <DELETED>    ``(A) shall publish in the Federal 
                Register timely notice concerning--</DELETED>
                        <DELETED>    ``(i)(I) the POPs pesticides 
                        subject to the prohibitions specified in 
                        subsection (e);</DELETED>
                        <DELETED>    ``(II) any exemptions from the 
                        prohibitions authorized under subsection (e); 
                        and</DELETED>
                        <DELETED>    ``(III) any importing country from 
                        which any POPs pesticide has received a 
                        nonparty certification under subsection 
                        (e)(3)(E)(iv); and</DELETED>
                        <DELETED>    ``(ii)(I) the LRTAP POPs 
                        pesticides subject to the prohibitions 
                        specified in subsection (f); and</DELETED>
                        <DELETED>    ``(II) any exemptions from the 
                        prohibitions authorized under subsection (f), 
                        including any disallowances of exemptions under 
                        subsection (f)(3)(B)(v); and</DELETED>
                <DELETED>    ``(B) may include in the notice any other 
                information that the Administrator determines to be 
                necessary to ensure adequate notice of the requirements 
                of--</DELETED>
                        <DELETED>    ``(i) this section;</DELETED>
                        <DELETED>    ``(ii) the POPs Convention; 
                        or</DELETED>
                        <DELETED>    ``(iii) the LRTAP POPs 
                        Protocol.</DELETED>
        <DELETED>    ``(2) Integration with tsca information.--The 
        Administrator shall--</DELETED>
                <DELETED>    ``(A) maintain a record that integrates 
                the information in the notice published under paragraph 
                (1) with any information published under section 6(h) 
                of the Toxic Substances Control Act (15 U.S.C. 
                2605(h));</DELETED>
                <DELETED>    ``(B) update the record as necessary; 
                and</DELETED>
                <DELETED>    ``(C) make the record publicly 
                available.''.</DELETED>

<DELETED>SEC. 205. CONFORMING AMENDMENTS.</DELETED>

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

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

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

        <DELETED>``(b) Exemptions.</DELETED>
        <DELETED>    ``(1) In general.</DELETED>
        <DELETED>    ``(2) POPs pesticides.'';</DELETED>
        <DELETED>and</DELETED>
        <DELETED>    (3) in the items relating to section 17, by 
        striking the items relating to subsection (e) and inserting the 
        following:</DELETED>
        <DELETED>``(e) POPs Convention.</DELETED>
        <DELETED>    ``(1) Prohibition on specified POPs 
            pesticides.</DELETED>
        <DELETED>    ``(2) Prohibition on other POPs 
            pesticides.</DELETED>
        <DELETED>    ``(3) Exemptions.</DELETED>
        <DELETED>    ``(4) Certification statement 
            accompanying POPs pesticides.</DELETED>
        <DELETED>    ``(5) Submission of 
            information.</DELETED>
        <DELETED>``(f) LRTAP POPs Protocol.</DELETED>
        <DELETED>    ``(1) Prohibition on specified LRTAP 
            POPs pesticides.</DELETED>
        <DELETED>    ``(2) Prohibition on other LRTAP POPs 
            pesticides.</DELETED>
        <DELETED>    ``(3) Exemptions.</DELETED>
        <DELETED>    ``(4) Certification statement 
            accompanying LRTAP POPs pesticides.</DELETED>
        <DELETED>    ``(5) Submission of 
            information.</DELETED>
        <DELETED>``(g) Notice and record of prohibitions, 
            exemptions, and other information.</DELETED>
        <DELETED>    ``(1) In general.</DELETED>
        <DELETED>    ``(2) Integration with TSCA 
            information.</DELETED>
        <DELETED>``(h) Regulations.''.</DELETED>

SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``POPs, LRTAP POPs, 
and PIC Implementation Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

          TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Sec. 101. Implementation of international agreements.

         ``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

        ``Sec. 501. Definitions.
        ``Sec. 502. Implementation of POPs Convention and LRTAP POPs 
                            Protocol.
        ``Sec. 503. Notice and record of prohibitions, exemptions, 
                            disallowances, and other information.
        ``Sec. 504. International conventions and cooperation in 
                            international efforts.
        ``Sec. 505. Exports.
        ``Sec. 506. Judicial review.''.
Sec. 102. Exports.
Sec. 103. Prohibited acts.
Sec. 104. Conforming amendments.

          TITLE I--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

SEC. 101. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.

    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is 
amended by adding at the end the following:

         ``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Conference.--The term `Conference' means the 
        Conference of the Parties established by paragraph 1 of Article 
        19 of the POPs Convention.
            ``(2) Conference listing decision.--The term `Conference 
        listing decision' means a decision by the Conference to approve 
        an amendment to list a chemical substance or mixture in Annex A 
        or B to the POPs Convention.
            ``(3) Designated national authority.--The term `designated 
        national authority' means the 1 or more authorities that a 
        government has designated in a notification to the Secretariat 
        of the PIC Convention in accordance with Article 4 of the PIC 
        Convention.
            ``(4) Executive body.--The term `Executive Body' means the 
        Executive Body established by Article 10 of the LRTAP 
        Convention.
            ``(5) HCH.--The term `HCH' means hexachlorocyclohexane.
            ``(6) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541), if the United 
        States is a party.
            ``(7) LRTAP pops chemical substance or mixture.--The term 
        `LRTAP POPs chemical substance or mixture' means--
                    ``(A) chlordecone;
                    ``(B) hexabromobiphenyl;
                    ``(C) HCH; and
                    ``(D) any other chemical substance or mixture that 
                is listed in Annex I or II to the LRTAP POPs Protocol.
            ``(8) LRTAP pops listing decision.--The term `LRTAP POPs 
        listing decision' means a decision by the parties to the LRTAP 
        POPs Protocol to approve an amendment to list a chemical 
        substance or mixture in Annex I or II to the LRTAP POPs 
        Protocol.
            ``(9) LRTAP pops protocol.--The term `LRTAP POPs Protocol' 
        means the Protocol on Persistent Organic Pollutants to the 
        LRTAP Convention, done at Aarhus on June 24, 1998, if the 
        United States is a party.
            ``(10) PCB.--The term `PCB' means a polychlorinated 
        biphenyl.
            ``(11) PIC convention.--The term `PIC Convention' means the 
        Rotterdam Convention on the Prior Informed Consent Procedure 
        for Certain Hazardous Chemicals and Pesticides in International 
        Trade, done at Rotterdam on September 10, 1998, if the United 
        States is a party.
            ``(12) POPs chemical substance or mixture.--The term `POPs 
        chemical substance or mixture' means--
                    ``(A) aldrin;
                    ``(B) chlordane;
                    ``(C) dichlorodiphenyltrichloroethane (DDT);
                    ``(D) dieldrin;
                    ``(E) endrin;
                    ``(F) heptachlor;
                    ``(G) hexachlorobenzene;
                    ``(H) mirex;
                    ``(I) PCBs;
                    ``(J) toxaphene; and
                    ``(K) any other chemical substance or mixture that 
                is listed in Annex A or B to the POPs Convention.
            ``(13) POPs convention.--The term `POPs Convention' means 
        the Stockholm Convention on Persistent Organic Pollutants, done 
        at Stockholm on May 22, 2001, if the United States is a party.
            ``(14) POPs review committee.--The term `POPs Review 
        Committee' means the Persistent Organic Pollutants Review 
        Committee established under paragraph 6 of Article 19 of the 
        POPs Convention.

``SEC. 502. IMPLEMENTATION OF POPS CONVENTION AND LRTAP POPS PROTOCOL.

    ``(a) Prohibition on Specified POPs Chemical Substances and 
Mixtures and LRTAP POPs Chemical Substances and Mixtures.--Subject to 
subsections (c), (d), and (i) and the relevant provisions of the POPs 
Convention and the LRTAP POPs Protocol, notwithstanding any other 
provision of law, a person shall not manufacture, process, distribute 
in commerce for export, use, or dispose of any of the following:
            ``(1) A POPs chemical substance or mixture specified in any 
        of subparagraphs (A) through (J) of section 501(12).
            ``(2) A LRTAP POPs chemical substance or mixture specified 
        in any of subparagraphs (A) through (C) of section 501(7).
    ``(b) Prohibition on Other POPs Chemical Substances and Mixtures 
and LRTAP POPs Chemical Substances and Mixtures.--Subject to 
subsections (c), (d), and (i), notwithstanding any other provision of 
law, a person shall not manufacture, process, distribute in commerce 
for export, use, or dispose of a POPs chemical substance or mixture 
described in section 501(12)(K), or a LRTAP POPs chemical substance or 
mixture described in 501(7)(D), in a manner that is inconsistent with 
regulations promulgated under subsection (h).
    ``(c) Exemptions Under POPs Convention.--
            ``(1) In general.--The prohibitions specified in subsection 
        (b) shall not apply to any manufacture, processing, 
        distribution in commerce for export, use, or disposal of a POPs 
        chemical substance or mixture that the Administrator (with the 
        concurrence of the Secretary of State) determines, through 
        final regulations promulgated under subsection (h)--
                    ``(A) is consistent with--
                            ``(i) a production or use specific 
                        exemption available to the United States under 
                        Annex A or B to the POPs Convention; or
                            ``(ii) an acceptable purpose applicable to 
                        the United States under Annex B to the POPs 
                        Convention; and
                    ``(B) would, as a result, not prevent the United 
                States from complying with the obligations of the 
                United States under the POPs Convention.
            ``(2) Unintentional trace contaminants.--To the extent 
        consistent with the POPs Convention, the prohibitions specified 
        in subsections (a) and (b) shall not apply to any quantity of a 
        POPs chemical substance or mixture that occurs as an 
        unintentional trace contaminant in a product or article.
            ``(3) Research.--To the extent consistent with the POPs 
        Convention, the prohibitions specified in subsections (a) and 
        (b) shall not apply to any quantity of a POPs chemical 
        substance or mixture that is used for laboratory scale research 
        or as a reference standard.
            ``(4) Constituent of article in use before prohibition 
        applied.--To the extent consistent with the POPs Convention, 
        the prohibitions specified in subsections (a) and (b) shall not 
        apply to any quantity of a POPs chemical substance or mixture 
        that occurs as a constituent of an article, if--
                    ``(A) the article is manufactured or in use on or 
                before the date of entry into force of the obligation 
                applicable to the POPs chemical substance or mixture; 
                and
                    ``(B) the United States has met any applicable 
                requirement of the POPs Convention to notify the 
                Secretariat of the POPs Convention concerning the 
                article.
            ``(5) Closed-system site-limited intermediate.--
                    ``(A) Exemption.--
                            ``(i) In general.--Subject to clause (ii), 
                        to the extent consistent with the POPs 
                        Convention, the prohibitions specified in 
                        subsections (a) and (b) shall not apply to any 
                        quantity of a POPs chemical substance or 
                        mixture that is--
                                    ``(I) manufactured and used as a 
                                closed-system site-limited 
                                intermediate; and
                                    ``(II) chemically transformed in 
                                the manufacture of other chemicals that 
                                do not exhibit the characteristics of 
                                persistent organic pollutants (taking 
                                into consideration the criteria in 
                                paragraph 1 of Annex D of the POPs 
                                Convention).
                            ``(ii) Conditions.--Clause (i) applies if, 
                        before the commencement of the manufacture or 
                        use under the POPs Convention, and each 10-year 
                        period thereafter--
                                    ``(I) any person that desires to 
                                invoke the exemption provides to the 
                                Administrator information concerning--
                                            ``(aa) the annual total 
                                        quantity of the POPs chemical 
                                        substance or mixture 
                                        anticipated to be manufactured 
                                        or used or a reasonable 
                                        estimate of the quantity; and
                                            ``(bb) the nature of the 
                                        closed system site-limited 
                                        process, including the quantity 
                                        of any nontransformed and 
                                        unintentional trace 
                                        contamination by the POPs 
                                        chemical substance or mixture 
                                        that remains in the final 
                                        product; and
                                    ``(II) notwithstanding any other 
                                provision of law, the Administrator--
                                            ``(aa) determines, with the 
                                        concurrence of the Secretary of 
                                        State, that the information 
                                        provided under subclause (I) is 
                                        complete and sufficient; and
                                            ``(bb) transmits the 
                                        information to the Secretariat 
                                        of the POPs Convention.
                    ``(B) Termination of exemption.--If, at the 
                termination of any 10-year exemption period under 
                subparagraph (A), a particular closed-system site-
                limited intermediate exemption is no longer authorized 
                for the United States under the POPs Convention, it 
                shall be unlawful for any person to continue to 
                manufacture or use any such POPs chemical substance or 
                mixture as a closed-system site-limited intermediate.
            ``(6) PCB materials.--Any person that manages PCBs in 
        compliance with the rules promulgated under section 6(e) shall 
        be--
                    ``(A) considered to be in compliance with this 
                title; and
                    ``(B) presumed to be consistent with the POPs 
                Convention, unless the Administrator determines that 
                the applicable rule promulgated under section 6(e) is 
                inconsistent with the POPs Convention.
            ``(7) Distribution in commerce for export if production or 
        use specific exemption or acceptable purpose is in effect.--
                    ``(A) In general.--To the extent consistent with 
                the POPs Convention, the prohibitions specified in 
                subsections (a) and (b) shall not apply to any 
                distribution in commerce for export of any POPs 
                chemical substance or mixture for which a production or 
                use specific exemption under Annex A to the POPs 
                Convention available to the United States is in effect, 
                or for which a production or use specific exemption or 
                acceptable purpose under Annex B to the POPs Convention 
                available to the United States is in effect, unless the 
                POPs chemical substance or mixture does not comply with 
                an export condition described in--
                            ``(i) subparagraph (B), as determined by 
                        the Administrator in consultation with the 
                        heads of other interested Federal agencies; or
                            ``(ii) subparagraph (C) or (D), as 
                        determined by the Administrator in consultation 
                        with the heads of other interested Federal 
                        agencies and with the concurrence of the 
                        Secretary of State and the United States Trade 
                        Representative.
                    ``(B) Export for environmentally sound disposal.--
                An export condition referred to in subparagraph (A) is 
                that the POPs chemical substance or mixture is exported 
                for the purpose of environmentally sound disposal in 
                accordance with paragraph 1(d) of Article 6 of the POPs 
                Convention.
                    ``(C) Export to party with permission to use.--An 
                export condition referred to in subparagraph (A) is 
                that the POPs chemical substance or mixture is exported 
                to a party to the POPs Convention that is permitted to 
                use the POPs chemical substance or mixture under Annex 
                A or B to the POPs Convention.
                    ``(D) Export to nonparty that has provided nonparty 
                certification.--
                            ``(i) In general.--An export condition 
                        referred to in subparagraph (A) is that the 
                        POPs chemical substance or mixture is exported 
                        to an importing foreign state that--
                                    ``(I) is not a party to the POPs 
                                Convention with respect to the POPs 
                                chemical substance or mixture; and
                                    ``(II) has provided an annual 
                                certification to the Administrator.
                            ``(ii) Commitments by importing nonparty.--
                        Consistent with the POPs Convention, an annual 
                        nonparty certification under clause (i) shall 
                        specify the intended use of the POPs chemical 
                        substance or mixture and state that, with 
                        respect to the POPs chemical substance or 
                        mixture, the importing nonparty is committed 
                        to--
                                    ``(I) protecting human health and 
                                the environment by taking necessary 
                                measures to minimize or prevent 
                                releases;
                                    ``(II) complying with paragraph 
                                1(d) of Article 6 of the POPs 
                                Convention; and
                                    ``(III) complying, to the extent 
                                appropriate, with paragraph 2 of Part 
                                II of Annex B to the POPs Convention.
                            ``(iii) Supporting documentation.--Each 
                        nonparty certification shall include any 
                        appropriate supporting documentation, such as 
                        legislation, regulatory instruments, and 
                        administrative or policy guidelines.
                            ``(iv) Submission to secretariat of pops 
                        convention.--Not later than 60 days after the 
                        date of receipt of a complete nonparty 
                        certification, the Administrator shall submit a 
                        copy of the nonparty certification to the 
                        Secretariat of the POPs Convention.
            ``(8) Export for environmentally sound disposal if no 
        production or use specific exemption in effect.--To the extent 
        consistent with the POPs Convention, the prohibitions specified 
        in subsections (a) and (b) shall not apply to any distribution 
        in commerce for export for the purpose of environmentally sound 
        disposal, in accordance with paragraph 1(d) of Article 6 of the 
POPs Convention, of a POPs chemical substance or mixture listed in 
Annex A to the POPs Convention for which no production or use specific 
exemption is in effect for any party to the POPs Convention.
            ``(9) Imports for specified purposes.--To the extent 
        consistent with the POPs Convention, the prohibitions specified 
        in subsections (a) and (b) shall not apply to a POPs chemical 
        substance or mixture that is imported for the purpose of 
        environmentally sound disposal in accordance with paragraph 
        1(d) of Article 6 of the POPs Convention.
            ``(10) Waste.--To the extent consistent with the POPs 
        Convention, the prohibitions specified in subsections (a) and 
        (b) shall not apply to any quantity of a POPs chemical 
        substance or mixture, including any article that consists of, 
        contains, or is contaminated with a POPs chemical substance or 
        mixture, that has become waste and that is managed in a manner 
        consistent with Article 6 of the POPs Convention.
            ``(11) No effect on other prohibitions.--Nothing in this 
        subsection authorizes any manufacture, processing, distribution 
        in commerce for export, use, or disposal of a POPs chemical 
        substance or mixture that is prohibited under any other 
        provision of law.
    ``(d) Exemptions Under LRTAP POPs Protocol.--
            ``(1) In general.--To the extent consistent with the LRTAP 
        POPs Protocol, the prohibitions on manufacture, processing, 
        distribution in commerce for export, or use specified in 
        subsections (a) and (b) shall not apply to--
                    ``(A) any manufacture, processing, distribution in 
                commerce for export, or use of a LRTAP POPs chemical 
                substance or mixture that the Administrator determines 
                (with the concurrence of the Secretary of State), 
                through final regulations promulgated in accordance 
                with subsection (h)--
                            ``(i) is consistent with an allowed 
                        restricted use or condition available to the 
                        United States under Annex I or II to the LRTAP 
                        POPs Protocol; and
                            ``(ii) would, as a result, not prevent the 
                        United States from complying with the 
                        obligations of the United States under the 
                        LRTAP POPs Protocol;
                    ``(B) any quantity of a LRTAP POPs chemical 
                substance or mixture that is used for laboratory scale 
                research or as a reference standard;
                    ``(C) any quantity of a LRTAP POPs chemical 
                substance or mixture that occurs as a contaminant in a 
                product;
                    ``(D) any quantity of a LRTAP POPs chemical 
                substance or mixture that is in an article manufactured 
                or in use on or before--
                            ``(i) the implementation date of any 
                        applicable obligation of the LRTAP POPs 
                        Protocol; or
                            ``(ii) in the case of any LRTAP POPs 
                        chemical substance or mixture added to any 
                        applicable Annex after the implementation date 
                        of the applicable obligation of the LRTAP POPs 
                        Protocol, the implementation date in the 
                        amendment to the LRTAP POPs Protocol that makes 
                        the addition;
                    ``(E) any quantity of a LRTAP POPs chemical 
                substance or mixture that occurs as a site-limited 
                chemical intermediate in the manufacture of 1 or more 
                different substances and that is subsequently 
                chemically transformed;
                    ``(F) the production or use of any quantity of HCH 
                that complies with the restrictions and conditions 
                specified for HCH in Annex II to the LRTAP POPs 
                Protocol;
                    ``(G) any quantity of a LRTAP POPs chemical 
                substance or mixture that has become waste and that is 
                disposed of in an environmentally sound manner in 
                accordance with paragraph 1(b) of Article 3 of the 
                LRTAP POPs Protocol;
                    ``(H) any distribution in commerce for export of a 
                LRTAP POPs chemical substance or mixture if the 
                distribution in commerce for export is conducted in an 
                environmentally sound manner; or
                    ``(I) any import of a LRTAP POPs chemical substance 
                or mixture if the import is conducted in an 
                environmentally sound manner.
            ``(2) Exemptions by administrator.--The Administrator, with 
        the concurrence of the Secretary of State, may grant an 
        exemption from the prohibitions applicable to LRTAP POPs 
        chemical substances or mixtures specified in subsection (a) or 
        (b) that the Administrator determines are consistent with the 
        exemptions authorized under paragraph 2 of Article 4 of the 
        LRTAP POPs Protocol.
            ``(3) Exemptions by petition.--
                    ``(A) Petitions.--A person may petition the 
                Administrator for an exemption from a prohibition 
                applicable to LRTAP POPs chemical substances or 
                mixtures specified in subsection (a) or (b) that is 
                consistent with the exemptions authorized under 
                paragraph 2 of Article 4 of the LRTAP POPs Protocol.
                    ``(B) Required elements of petitions.--Any petition 
                under subparagraph (A) shall, at a minimum, contain--
                            ``(i) information relating to each finding, 
                        if any, that the Administrator is required to 
                        make under the LRTAP POPs Protocol before 
                        granting the exemption; and
                            ``(ii) any additional information, if any, 
                        that the Administrator is required to provide 
                        to the Secretariat of the LRTAP POPs Protocol 
                        concerning a granted exemption.
                    ``(C) Grant or denial of petition.--The 
                Administrator, with the concurrence of the Secretary of 
                State, shall--
                            ``(i) if the petition is authorized for the 
                        United States under, and is otherwise 
                        consistent with, the LRTAP POPs Protocol, grant 
                        the petition with such conditions or 
                        limitations as are necessary to meet any 
                        requirement of the LRTAP POPs Protocol or any 
                        other provision of law; or
                            ``(ii) deny the petition.
            ``(4) Provision of information to secretariat.--
        Notwithstanding any other provision of law, if the 
        Administrator grants an exemption under this subsection, the 
        Administrator, not later than 90 days after the date on which 
        the exemption is granted, shall provide the Secretariat of the 
        LRTAP POPs Protocol with the information specified in paragraph 
        3 of Article 4 of the LRTAP POPs Protocol.
            ``(5) Disallowance of exemption by lrtap pops protocol.--
                    ``(A) In general.--If, after an exemption has been 
                granted under this subsection, the exemption is no 
                longer authorized by the United States under the LRTAP 
                POPs Protocol, it shall be unlawful for any person to 
                manufacture, process, distribute in commerce for 
                export, or use a LRTAP POPs chemical substance or 
                mixture in the manner authorized by the exemption.
                    ``(B) Publication of notice in federal register.--
                The Administrator shall publish in the Federal Register 
                a notice announcing the disallowance of any exemption 
                under subparagraph (A).
            ``(6) No effect on other prohibitions.--Nothing in this 
        subsection authorizes any manufacture, processing, distribution 
        in commerce for export, or use of a LRTAP POPs chemical 
        substance or mixture that is prohibited under any other 
        provision of law.
    ``(e) Notice and Report After Decision That Screening Criteria Are 
Met Under POPs Convention or After Risk Profile Submitted Under LRTAP 
POPs Protocol.--
            ``(1) Applicability.--This subsection applies if--
                    ``(A) the POPs Review Committee or Conference 
                decides--
                            ``(i) under paragraph 4(a) of Article 8 of 
                        the POPs Convention, that a proposal for 
                        listing a chemical substance or mixture in 
                        Annex A, B, or C to the POPs Convention 
                        fulfills the screening criteria specified in 
                        Annex D to the POPs Convention; or
                            ``(ii) under paragraph 5 of Article 8 of 
                        the POPs Convention, that such a proposal shall 
                        proceed; or
                    ``(B) if a party to the LRTAP POPs Protocol submits 
                to the Executive Body a risk profile in support of a 
                proposal to list a chemical substance or mixture in 
                Annex I, II, or III to the LRTAP POPs Protocol.
            ``(2) Requirement.--Not later than 45 days after the date 
        of the POPs Review Committee or Conference decision on a 
        proposal or the submission of a risk profile in support of a 
        proposal under the LRTAP POPs Protocol described in 
        subparagraph (A) or (B) of paragraph (1), respectively, the 
        Administrator shall--
                    ``(A) publish in the Federal Register a notice of 
                the proposal; and
                    ``(B) provide opportunity for comment on the 
                proposal.
            ``(3) Required elements of notice.--A notice under 
        paragraph (2) shall--
                    ``(A) identify the chemical substance or mixture 
                that is the subject of the proposal;
                    ``(B) include a summary of the process under the 
                POPs Convention or the LRTAP POPs Protocol for 
                submission of a proposal and listing of a chemical 
                substance or mixture that is the subject of a proposal 
                (including criteria applied in that process);
                    ``(C) include a summary of the POPs Review 
                Committee or Conference decision and the basis for the 
                decision;
                    ``(D) request information relevant to and comment 
                on--
                            ``(i) in the case of a chemical substance 
                        or mixture proposed for listing in an Annex to 
                        the POPs Convention, the information 
                        requirements and screening criteria elements 
                        covered under Annex D to the POPs Convention; 
                        and
                            ``(ii) in the case of a chemical substance 
                        or mixture proposed for listing in an Annex to 
                        the LRTAP POPs Protocol, the information 
                        referenced in paragraph 6(a) of Article 14 of 
                        the LRTAP POPs Protocol;
                    ``(E) request the information required under 
                paragraph (4);
                    ``(F) include any other information that the 
                Administrator considers to be relevant to the proposal;
                    ``(G) include a statement that any information 
                submitted will be part of the record used as the basis 
                for rulemaking that the Administrator may undertake 
                under this title; and
                    ``(H) request information and comment on--
                            ``(i) information relevant to the risk 
                        profile of the POPs Review Committee covered 
                        under Annex E to the POPs Convention; and
                            ``(ii) information relevant to any 
                        technical review conducted under paragraph 2 of 
                        Executive Body decision 1998/2.
            ``(4) Provision of information.--
                    ``(A) Provision of information under pops 
                convention.--Not later than 60 days after the date of 
                publication of the notice under paragraph (2) regarding 
                a proposal to list a chemical substance or mixture on 
                an Annex of the POPs Convention, any person that 
                manufactures, processes, distributes in commerce for 
                export, or disposes of a chemical substance or mixture 
                that is the subject of the notice shall provide (and 
any other interested person may provide) to the Administrator 
information (to the extent the information is known or readily 
obtainable to the person) on--
                            ``(i) the annual quantity of the chemical 
                        substance or mixture that the person 
                        manufactures and the locations of the 
                        manufacture;
                            ``(ii) the uses of the chemical substance 
                        or mixture;
                            ``(iii) the approximate annual quantity of 
                        the chemical substance or mixture that the 
                        person releases into the environment; and
                            ``(iv) other information or monitoring data 
                        relating to the chemical substance or mixture 
                        that is consistent with the information 
                        specified in paragraph 1 of Annex D, and 
                        subsections (b) through (e) of Annex E, to the 
                        POPs Convention.
                    ``(B) Provision of information under lrtap pops 
                protocol.--Not later than 60 days after the date of 
                publication of the notice under paragraph (2) regarding 
                a proposal to list a chemical substance or mixture on 
                an Annex of the LRTAP POPs Protocol, any person that 
                manufactures, processes, distributes in commerce for 
                export, or disposes of a chemical substance or mixture 
                that is the subject of the notice shall provide (and 
                any other interested person may provide) to the 
                Administrator information (to the extent the 
                information is known or readily obtainable to the 
                person) on--
                            ``(i) the potential for long-range 
                        transboundary atmospheric transport of the 
                        chemical substance or mixture;
                            ``(ii) the toxicity of the chemical 
                        substance or mixture;
                            ``(iii) the persistence of the chemical 
                        substance or mixture, including biotic 
                        degradation processes and rates and degradation 
                        products;
                            ``(iv) the bioaccumulation of the chemical 
                        substance or mixture, including 
                        bioavailability;
                            ``(v) the annual quantity of the chemical 
                        substance or mixture that the person 
                        manufactures and the locations of the 
                        manufacture;
                            ``(vi) the uses of the chemical substance 
                        or mixture;
                            ``(vii) the approximate annual quantity of 
                        the chemical substance or mixture that the 
                        person releases into the environment;
                            ``(viii) environmental monitoring data 
                        relating to the chemical substance or mixture 
                        (in areas distant from sources);
                            ``(ix)(I) information on alternatives to 
                        the uses of the chemical substance or mixture 
                        and the efficacy of each alternative; and
                            ``(II) information on any known adverse 
                        environmental or human health effects 
                        associated with each alternative;
                            ``(x) information on--
                                    ``(I) process changes, control 
                                technologies, operating practices, and 
                                other pollution prevention techniques 
                                that can be used to reduce the 
                                emissions of the chemical substance or 
                                mixture; and
                                    ``(II) the applicability and 
                                effectiveness of each technique 
                                described in subclause (I); and
                            ``(xi) information on the nonmonetary costs 
                        and benefits and the quantifiable costs and 
                        benefits associated with the use of each 
                        alternative described in clause (ix) or 
                        technique described in clause (x)(I).
                    ``(C) Updating of information.--
                            ``(i) Voluntary updates.--Any person that 
                        submits information under subparagraph (A) or 
                        (B) may voluntarily update the information at 
                        any time.
                            ``(ii) Required updates.--If the 
                        Administrator determines, with the concurrence 
                        of the Secretary of State, that an update of 
                        information submitted under subparagraph (A) or 
                        (B) is necessary, the Administrator may, 
                        through a notice published in the Federal 
                        Register, require 1 or more persons that are 
                        required to submit the information to update 
                        the information.
                            ``(iii) New information.--The Administrator 
                        may require any person that (after the date 
                        under subparagraphs (A) and (B) by which 
                        persons are required to submit information) 
                        commences manufacturing, processing, 
                        distributing in commerce for export, or 
                        disposing of a chemical substance or mixture 
                        subject to the requirements in subparagraph (A) 
                        or (B), to submit the information required to 
                        be submitted under subparagraph (A) or (B).
                    ``(D) Report.--Based on information received under 
                this section and any other relevant information 
                available to the Administrator, the Administrator, not 
                later than 240 days after the date of publication of 
                the notice under this paragraph, shall issue for public 
                comment a report that contains, at a minimum--
                            ``(i) information on the production and 
                        uses in the United States of the chemical 
                        substance or mixture; and
                            ``(ii) a review of the benefits and risks 
                        in the United States and internationally 
                        associated with the production and uses in the 
                        United States and internationally of the 
                        chemical substance or mixture.
    ``(f) Notice After Decision That Global Action Warranted Under POPs 
Convention or That Further Consideration of Chemical Substance or 
Mixture Warranted Under LRTAP POPs Protocol.--
            ``(1) Applicability.--This subsection applies if--
                    ``(A) the POPs Review Committee decides, under 
                paragraph 7(a) of Article 8 of the POPs Convention, 
                that global action is warranted with respect to the 
                chemical substance or mixture that is the subject of 
                the proposal, or the Conference decides, under 
                paragraph 8 of that Article, that the proposal shall 
                proceed; or
                    ``(B) the Executive Body determines pursuant to 
                paragraph 2 of Executive Body Decision 1998/2 that 
                further consideration of the chemical substance or 
                mixture is warranted, and therefore requires 1 or more 
                technical reviews of the proposal.
            ``(2) Notice.--Not later than 45 days after the date on 
        which a decision or determination is made under paragraph (1), 
        the Administrator shall--
                    ``(A) publish in the Federal Register a notice of 
                the decision or determination; and
                    ``(B) provide opportunity for comment on the 
                decision or determination.
            ``(3) Required elements of notice.--A notice under 
        paragraph (1) shall--
                    ``(A) identify the chemical substance or mixture 
                that is the subject of the proposal;
                    ``(B) include a summary of--
                            ``(i) the POPs Review Committee or 
                        Conference decision and the basis for the 
                        decision; or
                            ``(ii) the Executive Body determination and 
                        basis for the determination;
                    ``(C) request information and comment on--
                            ``(i) in the case of a chemical substance 
                        or mixture proposed for addition to an Annex of 
                        the POPs Convention--
                                    ``(I) information on socioeconomic 
                                considerations covered under Annex F to 
                                the POPs Convention; and
                                    ``(II) information on socioeconomic 
                                considerations covered under Annex F to 
                                the POPs Convention applicable to the 
                                range of possible prohibitions 
                                described in subparagraph (F); and
                            ``(ii) in the case of a chemical substance 
                        or mixture proposed for listing on an Annex to 
                        the LRTAP POPs Protocol, information on--
                                    ``(I) any additional measures not 
                                described in the notice published under 
                                subparagraph (F) that may exist to 
                                reduce the risks of adverse effects on 
                                human health or the environment that 
                                result from the long-range 
                                transboundary atmospheric transport of 
                                the chemical substance or mixture; and
                                    ``(II) the feasibility of any of 
                                the additional measures or the measures 
                                outlined in the notice published 
                                pursuant to subparagraph (F);
                    ``(D) request information on any current or 
                anticipated production or use of the chemical substance 
                or mixture that is the subject of the proposal for 
                which the United States may wish to--
                            ``(i) seek an exemption or acceptable 
                        purpose under the POPs Convention; or
                            ``(ii) allow a restricted use or condition 
                        under the LRTAP POPs Protocol;
                    ``(E) request the information required under 
                paragraph (4);
                    ``(F) describe a broad range of possible 
                prohibitions or restrictions that the United States 
                could impose on the manufacture, processing, 
                distribution in commerce for export, use, or disposal 
                of the chemical substance or mixture to address any 
                risks that the chemical substance or mixture may pose;
                    ``(G) specify what changes, if any, to the 
                regulatory requirements and risk management measures 
                applicable to the chemical substance or mixture in the 
                United States have been made since the date of 
                publication of the notice under subsection (e); and
                    ``(H) include a statement that any information 
                submitted will be part of the record used as the basis 
                for a rulemaking that the Administrator may undertake 
                under this title.
            ``(4) Provision of information.--Not later than 60 days 
        after the date of publication of the notice under paragraph 
        (1), any person that manufactures, processes, distributes in 
        commerce for export, or disposes of a chemical substance or 
        mixture that is the subject of the notice shall provide (and 
        any other interested party may provide) to the Administrator--
                    ``(A) consistent with the information needs 
                described in Annex F to the POPs Convention, any 
                information that the person believes is relevant to--
                            ``(i) a risk management evaluation carried 
                        out under paragraph 7 of Article 8 of the POPs 
                        Convention; or
                            ``(ii) a decision by the Conference under 
                        paragraph 9 of Article 8 of the POPs 
                        Convention;
                    ``(B) consistent with the information needs for the 
                technical review described in paragraph 2 of Executive 
                Body Decision 1998/2, any information the person 
                believes is relevant to the technical review or to an 
                Executive Body decision made under paragraph 3 of 
                Article 14 of the LRTAP POPs Protocol;
                    ``(C) any information that the person believes is 
                relevant to an action under this section; and
                    ``(D) information on any article in use that 
                consists of, contains, or is contaminated with the 
                chemical substance or mixture.
            ``(5) Report by administrator.--Not later than 240 days 
        after the date of publication of the notice under this 
        paragraph, based on information received under this subsection 
        and any other information available to the Administrator, the 
        Administrator shall issue a report for public comment that 
        contains, at a minimum, information relating to the feasibility 
        of possible prohibitions or restrictions that could be placed 
        on the manufacture, processing, distribution in commerce for 
        export, use, or disposal of the chemical substance or mixture 
        (including the possible consequences of using alternative 
        products or processes).
    ``(g) Notice After Recommendation That Conference Consider Listing 
or After Completion of Technical Review.--
            ``(1) Applicability.--This subsection applies--
                    ``(A) if the POPs Review Committee recommends, 
                under paragraph 9 of Article 8 of the POPs Convention, 
                that the Conference consider making a Conference 
                listing decision with respect to the chemical substance 
                or mixture in accordance with the proposal; or
                    ``(B) after completion of a technical review of a 
                proposal to list a chemical substance or mixture on an 
                Annex of the LRTAP POPs Protocol.
            ``(2) Notice.--Not later than 45 days after the date on 
        which a recommendation under paragraph (1) is made or a 
        technical review described in paragraph (1) is completed, the 
        Administrator shall--
                    ``(A) publish in the Federal Register a notice of 
                the recommendation or completion of the technical 
                review; and
                    ``(B) provide opportunity for comment on the 
                recommendation or the technical review.
            ``(3) Required elements.--A notice under paragraph (1) 
        shall--
                    ``(A) include a summary of the POPs Review 
                Committee recommendation and the basis for the 
                recommendation or a summary of the technical review;
                    ``(B) summarize any control measures for the 
                chemical substance or mixture that are identified by 
                the POPs Review Committee or in the technical review; 
                and
                    ``(C) include a statement that any information 
                submitted will be part of the record used as the basis 
                for a rulemaking that the Administrator may undertake 
                under this title.
    ``(h) Regulations by the Administrator.--
            ``(1) Chemical substance or mixture listed under pops 
        convention or lrtap pops protocol.--If the Conference decides 
        to list a chemical substance or mixture in Annex A or B of the 
        POPs Convention, or if the parties to the LRTAP POPs Protocol 
        decide to list a chemical substance or mixture in Annex I or II 
        to the LRTAP POPs Protocol, the Administrator may commence a 
        rulemaking to prohibit or restrict the manufacture, processing, 
        distribution in commerce for export, use, or disposal of the 
        chemical substance or mixture.
            ``(2) Criteria for regulations.--
                    ``(A) In general.--If the Administrator decides to 
                commence a rulemaking to prohibit or restrict the 
                manufacture, processing, distribution in commerce for 
                export, use, or disposal of the chemical substance or 
                mixture, the Administrator shall promulgate 
                prohibitions or restrictions to protect against 
                hazards, including exposure, to human health and the 
                environment associated with the chemical substance or 
                mixture.
                    ``(B) Criteria.--In determining the appropriate 
                manner of regulation, the Administrator shall take into 
                account public health, environmental, and socioeconomic 
                factors and shall--
                            ``(i) consider--
                                    ``(I) the record compiled under 
                                subsections (e), (f), and (g);
                                    ``(II) national and international 
                                consequences that are likely to arise 
                                as a result of domestic regulatory 
                                action (including the possible 
                                consequences of using alternative 
                                products or processes);
                                    ``(III) alternatives to the 
                                prohibitions or restrictions adopted by 
                                the Conference or the Executive Body 
                                for the newly-listed chemical substance 
                                or mixture that are feasible and 
                                protective of human health and the 
                                environment; and
                                    ``(IV) all scientific information--
                                            ``(aa) compiled in the 
                                        record under subsections (e), 
                                        (f), and (g);
                                            ``(bb) submitted to the 
                                        POPs Review Committee or 
                                        Conference by the United States 
                                        or any other entity; and
                                            ``(cc) submitted to the 
                                        Executive Body, or a subsidiary 
                                        of the Executive Body, under 
                                        the LRTAP POPs Protocol;
                                taking due account of the scientific 
                                information that is consistent with 
                                generally accepted scientific 
                                principles;
                            ``(ii) in the case of a chemical substance 
                        or mixture listed on Annex A or B of the POPs 
                        Convention, give substantial weight to--
                                    ``(I) the POPs Review Committee 
                                recommendation under paragraph 9 of 
                                Article 8 of the POPs Convention;
                                    ``(II) the Conference listing 
                                decision;
                                    ``(III) the reports that the 
                                Administrator is required to issue 
                                pursuant to subsections (e)(4) and 
                                (f)(5), including any version of the 
                                reports revised to reflect information 
                                received through public comment; and
                                    ``(IV) any information that the 
                                United States submits to the POPs 
                                Review Committee or to the Conference 
                                pursuant to Article 8 of the POPs 
                                Convention; and
                            ``(iii) in the case of a chemical substance 
                        or mixture listed on Annex I or II of the LRTAP 
                        POPs Protocol, give substantial weight to--
                                    ``(I) any technical review 
                                conducted pursuant to paragraph 2 of 
                                Executive Body Decision 1998/2;
                                    ``(II) the LRTAP POPs Protocol 
                                listing decision;
                                    ``(III) the reports that the 
                                Administrator is required to issue 
                                pursuant to subsections (e)(4) and 
                                (f)(5), including any version of the 
                                reports revised to reflect information 
                                received through public comment; and
                                    ``(IV) any information that the 
                                United States submits to the Executive 
                                Body, or a subsidiary of the Executive 
                                Body, in relation to a technical review 
                                or listing decision.
            ``(3) Citizen's petition.--
                    ``(A) In general.--Beginning 1 year after the date 
                on which the Conference listing decision or the LRTAP 
                POPs Protocol listing decision is made, any person may 
                petition the Administrator to commence a rulemaking, if 
                a rulemaking has not commenced as of that date, to 
                prohibit or restrict the manufacture, processing, 
                distribution in commerce for export, use, or disposal 
                of the chemical substance or mixture that the 
                Conference decides to list in Annex A or B of the POPs 
                Convention, or that the parties to the LRTAP POPs 
                Protocol decide to list in Annex I or II of the LRTAP 
                POPs Protocol.
                    ``(B) Procedure.--
                            ``(i) In general.--A petition under 
                        subparagraph (A) shall describe the facts that 
                        the petitioner believes make it necessary for 
                        the Administrator to commence a rulemaking 
                        under paragraph (2).
                            ``(ii) Proceedings.--
                                    ``(I) Availability.--The 
                                Administrator shall publish in the 
                                Federal Register, and make available 
                                electronically, a summary of each 
                                petition received, including the name 
                                of the petitioner.
                                    ``(II) Hearings or proceedings.--
                                The Administrator may hold a public 
                                hearing, or conduct any investigation 
                                or proceeding that the Administrator 
                                considers appropriate, to determine 
                                whether or not a rulemaking should be 
                                commenced.
                            ``(iii) Decision by the administrator.--
                                    ``(I) In general.--Not later than 
                                90 days after the date of filing of a 
                                petition under subparagraph (A), the 
                                Administrator shall grant or deny the 
                                petition.
                                    ``(II) Grant.--If the Administrator 
                                grants the petition, the Administrator 
                                shall promptly commence a rulemaking 
                                and proceed in accordance with 
                                paragraph (2).
                                    ``(III) Denial.--If the 
                                Administrator denies the petition, the 
                                Administrator shall publish in the 
                                Federal Register a statement of the 
                                reasons for the denial.
                    ``(C) Civil action to compel rulemaking.--
                            ``(i) In general.--If the Administrator 
                        denies a petition under subparagraph (A) (or if 
                        the Administrator fails to grant or deny the 
                        petition within the 90-day period specified in 
                        subparagraph (B)(iii)), the petitioner may 
                        bring a civil action in United States district 
                        court to compel the Administrator to commence a 
                        rulemaking as requested in the petition.
                            ``(ii) Timing.--A civil action under clause 
                        (i) shall be brought--
                                    ``(I) not later than 60 days after 
                                the date of denial of the petition; or
                                    ``(II) if the Administrator fails 
                                to grant or deny the petition within 
                                the 90-day period specified in 
                                subparagraph (B)(iii), not later than 
                                60 days after the expiration of the 90-
                                day period.
                            ``(iii) Scope of review.--In a civil action 
                        under clause (i), the court shall consider the 
                        petition de novo.
                            ``(iv) Matters for consideration.--If the 
                        Administrator denies a petition, the court 
                        shall take into account public health, 
                        environmental, and socioeconomic factors and 
                        shall--
                                    ``(I) consider--
                                            ``(aa) the record compiled 
                                        under subsections (e), (f), and 
                                        (g);
                                            ``(bb) national and 
                                        international consequences that 
                                        are likely to arise as a result 
                                        of domestic regulatory action 
                                        (including the possible 
                                        consequences of using 
                                        alternative products or 
                                        processes);
                                            ``(cc) alternatives to the 
                                        prohibitions or restrictions 
                                        adopted by the Conference or 
                                        the Executive Body for the 
                                        newly-listed chemical substance 
                                        or mixture that are feasible 
                                        and protective of human health 
                                        and the environment; and
                                            ``(dd) all scientific 
                                        information--

                                                    ``(AA) compiled in 
                                                the record under 
                                                subsections (e), (f), 
                                                and (g);

                                                    ``(BB) submitted to 
                                                the POPs Review 
                                                Committee or Conference 
                                                by the United States or 
                                                any other entity; and

                                                    ``(CC) submitted to 
                                                the Executive Body, or 
                                                a subsidiary of the 
                                                Executive Body, under 
                                                the LRTAP POPs 
                                                Protocol;

                                        taking due account of the 
                                        scientific information that is 
                                        consistent with generally 
                                        accepted scientific principles;
                                    ``(II) in the case of a chemical 
                                substance or mixture listed on Annex A 
                                or B of the POPs Convention, give 
                                substantial weight to--
                                            ``(aa) the POPs Review 
                                        Committee recommendation under 
                                        paragraph 9 of Article 8 of the 
                                        POPs Convention;
                                            ``(bb) the Conference 
                                        listing decision;
                                            ``(cc) the reports that the 
                                        Administrator is required to 
                                        issue pursuant to subsections 
                                        (e)(4) and (f)(5), including 
                                        any version of the reports 
                                        revised to reflect information 
                                        received through public 
                                        comment; and
                                            ``(dd) any information that 
                                        the United States submits to 
                                        the POPs Review Committee or to 
                                        the Conference pursuant to 
                                        Article 8 of the POPs 
                                        Convention; and
                                    ``(III) in the case of a chemical 
                                substance or mixture listed on Annex I 
                                or II of the LRTAP POPs Protocol, give 
                                substantial weight to--
                                            ``(aa) any technical review 
                                        conducted pursuant to paragraph 
                                        2 of Executive Body Decision 
                                        1998/2;
                                            ``(bb) the LRTAP POPs 
                                        Protocol listing decision;
                                            ``(cc) the reports that the 
                                        Administrator is required to 
                                        issue pursuant to subsections 
                                        (e)(4) and (f)(5), including 
                                        any version of the reports 
                                        revised to reflect information 
                                        received through public 
                                        comment; and
                                            ``(dd) any information that 
                                        the United States submits to 
                                        the Executive Body, or a 
                                        subsidiary of the Executive 
                                        Body, in relation to a 
                                        technical review or listing 
                                        decision.
                            ``(v) Order to commence rulemaking.--The 
                        court shall order the Administrator to commence 
                        a rulemaking in accordance with paragraph (2) 
                        if the court determines that--
                                    ``(I) regulatory action to control 
                                the manufacture, processing, 
                                distribution in commerce for export, 
                                use, or disposal of a chemical 
                                substance or mixture listed in Annex A 
                                or B of the POPs Convention or Annex I 
                                or II of the LRTAP POPs Protocol is 
                                necessary to protect against hazards, 
                                including exposure, to human health and 
                                the environment associated with the 
                                chemical substance or mixture; and
                                    ``(II) the Administrator has not 
                                taken action in accordance with 
                                paragraph (2).
                            ``(vi) Costs.--In issuing any final order 
                        in a civil action under clause (i), the court 
                        may award costs of suit and reasonable fees for 
                        attorneys and expert witnesses if the court 
                        determines that such an award is appropriate.
                            ``(vii) Savings clause.--The remedies under 
                        this section shall be in addition to, and not 
                        in lieu of, other remedies provided by law.
            ``(4) Deadline for regulations.--
                    ``(A) In general.--Not later than 18 months after 
                commencing a rulemaking under this subsection, the 
                Administrator shall--
                            ``(i) promulgate final regulations 
                        prohibiting or restricting the manufacture, 
                        processing, distribution in commerce for 
                        export, use, or disposal of the chemical 
                        substance or mixture to be listed in Annex A or 
                        B to the POPs Convention or Annex I or II of 
                        the LRTAP POPs Protocol; or
                            ``(ii) decide not to promulgate a final 
                        rule.
                    ``(B) Decision not to promulgate.--If the 
                Administrator decides not to commence or promulgate a 
                final rule, the Administrator shall publish within 30 
                days a statement in the Federal Register explaining the 
                reasons for not promulgating or commencing the final 
                rule.
            ``(5) Sole procedure.--
                    ``(A) In general.--No other rulemaking procedure 
                under this Act shall apply to regulations promulgated 
                under this section.
                    ``(B) Rulemaking.--Regulations promulgated by the 
                Administrator under this title shall comply with 
                section 553 of title 5, United States Code (without 
                regard to any reference in that section to sections 556 
                and 557 of that title).
            ``(6) No effect on other authority.--Nothing in this 
        subsection affects the authority of the Administrator to 
        regulate a chemical substance or mixture under any other law or 
        any other provision of this Act.
            ``(7) Interim statement.--
                    ``(A) Applicability.--This paragraph applies if the 
                Administrator has not commenced a rulemaking under 
                paragraph (2) by the date that is 1 year after the date 
                on which--
                            ``(i) a decision is made by the Conference 
                        to list a chemical substance or mixture in 
                        Annex A or B of the POPs Convention; or
                            ``(ii) a decision is made by the parties to 
                        the LRTAP POPs Protocol to list a chemical 
                        substance or mixture in Annex I or II to the 
                        LRTAP POPs Protocol.
                    ``(B) Statement.--If the Administrator has not 
                commenced a rulemaking as described in subparagraph 
                (A), the Administrator shall publish annually in the 
                Federal Register a statement that--
                            ``(i) describes the actions taken by the 
                        Administrator with respect to the listing 
                        decision; and
                            ``(ii) characterizes actions likely to be 
                        taken by the Administrator with respect to the 
                        commencement of a rulemaking under paragraph 
                        (2).
    ``(i) Harmonization of POPs Convention and LRTAP POPs Protocol.--
            ``(1) In general.--If a chemical substance or mixture is 
        both a POPs chemical substance or mixture and a LRTAP POPs 
        chemical substance or mixture, in the case of a conflict 
        between a provision of this section applicable to a POPs 
        chemical substance or mixture and a provision of this section 
        applicable to a LRTAP POPs chemical substance or mixture, the 
        more stringent provision shall apply, as determined by the 
        Administrator with the concurrence of the Secretary of State.
            ``(2) Application.--In the case of chemical substance or 
        mixture described in paragraph (1), this section shall be 
        applied in such a manner as to ensure that the United States is 
        in compliance with the POPs Convention and the LRTAP POPs 
        Protocol with respect to the chemical substance or mixture.

``SEC. 503. NOTICE AND RECORD OF PROHIBITIONS, EXEMPTIONS, 
              DISALLOWANCES, AND OTHER INFORMATION.

    ``(a) In General.--The Administrator--
            ``(1) shall publish in the Federal Register timely notice 
        concerning--
                    ``(A) the POPs chemical substances and mixtures or 
                the LRTAP POPs chemical substances and mixtures, 
                subject to the prohibitions specified in section 502;
                    ``(B) any exemptions from the prohibitions 
                authorized under section 502, including the effective 
                date on which the exemptions are no longer authorized;
                    ``(C) in the case of a LRTAP POPs chemical 
                substance or mixture, any disallowances of exemptions 
                under section 502(d)(5); and
                    ``(D) in the case of a POPs chemical substance or 
                mixture, a list of any importing foreign states from 
                which the Administrator has received a nonparty 
                certification under section 502(c)(7)(D); and
            ``(2) may include in the notice any other information that 
        the Administrator determines to be necessary to ensure adequate 
        notice of the requirements of--
                    ``(A) this section;
                    ``(B) the POPs Convention; or
                    ``(C) the LRTAP POPs Protocol.
    ``(b) Integration With FIFRA Information.--The Administrator 
shall--
            ``(1) maintain a record that integrates the information in 
        the notice published under subsection (a) with any information 
        published under section 17(g) of the Federal Insecticide, 
        Fungicide and Rodenticide Act (7 U.S.C. 136o(e));
            ``(2) update the record as necessary; and
            ``(3) make the record publicly available.
    ``(c) Disclosure of Data.--Any information provided to or otherwise 
obtained by the Administrator (or any representative of the 
Administrator) under this title shall be subject to section 14 of this 
Act.

``SEC. 504. INTERNATIONAL CONVENTIONS AND COOPERATION IN INTERNATIONAL 
              EFFORTS.

    ``In cooperation with the Secretary of State and the head of any 
other appropriate Federal agency, the Administrator shall--
            ``(1) participate and cooperate in any international 
        efforts to develop improved research and regulations on 
        chemical substances and mixtures; and
            ``(2) participate in technical cooperation and capacity 
        building activities designed to support implementation of--
                    ``(A) the LRTAP POPs Protocol;
                    ``(B) the PIC Convention; and
                    ``(C) the POPs Convention.

``SEC. 505. EXPORTS.

    ``(a) Requirements for Exports.--In the case of a chemical 
substance or mixture identified by the Administrator as listed on Annex 
III of the PIC Convention in a notice issued under subsection (d)(3), 
any person that distributes in commerce the chemical substance or 
mixture for export shall comply with any export conditions or 
restrictions identified by the Administrator in the notice.
    ``(b) Pre-Export Notices.--
            ``(1) In general.--
                    ``(A) Requirement.--In the case of--
                            ``(i) a chemical substance or mixture that 
                        the Administrator determines to be banned or 
                        severely restricted under subsection (d)(1);
                            ``(ii) a chemical substance or mixture 
                        identified by the Administrator in a notice 
                        issued under subsection (d)(3); or
                            ``(iii) a POPs chemical substance or 
                        mixture allowed to be exported under paragraph 
                        (7) or (8) of section 502(c);
                the exporter of the chemical substance or mixture shall 
                provide to the Administrator notice of the intent of 
                the exporter to export the chemical substance or 
                mixture.
                    ``(B) Timing of notice for banned or severely 
                restricted chemical substances or mixtures.--
                            ``(i) First export.--In the case of a first 
                        export that an exporter makes from the 
                        territory of the United States to each 
                        importing foreign state after the Administrator 
                        issues a notice under subsection (d)(1), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of export.
                            ``(ii) Subsequent exports.--In the case of 
                        subsequent exports to the importing foreign 
                        state in the calendar year subsequent to the 
                        notification provided under clause (ii), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of the first export in each calendar 
                        year.
                    ``(C) Timing of pre-export notice for chemical 
                substances or mixtures listed on annex iii of the pic 
                convention.--
                            ``(i) First export.--In the case of a first 
                        export that an exporter makes from the 
                        territory of the United States to each 
                        importing foreign state after the Administrator 
                        notifies the public under subsection (d)(3), 
                        the exporter shall provide the notice so that 
                        the Administrator receives the notice not 
                        earlier than 30 nor later than 15 calendar days 
                        before the date of export.
                            ``(ii) Subsequent exports.--In the case of 
                        subsequent exports by the exporter to the 
                        importing foreign state in a calendar year 
                        subsequent to the notification provided under 
                        clause (i), the exporter shall provide the 
                        notice so that the Administrator receives the 
                        notice not earlier than 30 nor later than 15 
                        calendar days before the date of the first such 
                        subsequent export in each calendar year.
                            ``(iii) Changed circumstances meriting new 
                        notice.--If conditions or restrictions imposed 
                        by the importing foreign state change and the 
Administrator notifies the public of the change under subsection 
(d)(3), or if an earlier pre-export notice no longer applies, the 
exporter shall provide the notice so that the Administrator receives 
the notice not earlier than 30 nor later than 15 calendar days before 
the date of export.
                    ``(D) Timing of pre-export notice for chemical 
                substances or mixtures allowed to be exported under 
                paragraph (7) or (8) of section 502(c).--
                            ``(i) First export of the calendar year.--
                        In the case of the first export that an 
                        exporter makes from the territory of the United 
                        States to each importing foreign state of a 
                        chemical substance or mixture exported under 
                        paragraph (7) or (8) of section 502(c), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of the first export.
                            ``(ii) Subsequent exports.--In the case of 
                        subsequent exports by the exporter to the 
                        importing foreign state in a calendar year 
                        subsequent to the notification provided under 
                        clause (i) to the importing foreign state, the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of the first such subsequent export in 
                        each calendar year.
                            ``(iii) Changed circumstances meriting new 
                        notice.--If the information provided in an 
                        earlier pre-export notice is no longer 
                        accurate, the exporter shall provide the notice 
                        so that the Administrator receives the notice 
                        not earlier than 30 nor later than 15 calendar 
                        days before the date of export.
            ``(2) Later notices.--Notwithstanding subparagraphs (B), 
        (C), and (D) of paragraph (1), the Administrator may permit an 
        exporter to provide a notice under paragraph (1) so that the 
        Administrator receives the notice less than 15 days before the 
        date of an export if the Administrator determines, based on the 
        experience of the Administrator with the notification program, 
        that the Administrator is able to administer notice activities 
        in accordance with the PIC Convention despite the shortened 
        notice period.
            ``(3) Content of pre-export notices.--
                    ``(A) Notices under paragraph (1)(b).--A notice 
                under paragraph (1)(B) shall include--
                            ``(i) the name and address of the exporter;
                            ``(ii) the name and address of the 
                        appropriate designated national authority of 
                        the United States;
                            ``(iii) the name and address of the 
                        appropriate designated national authority of 
                        the importing foreign state, if available;
                            ``(iv) the name and address of the 
                        importer;
                            ``(v) the name of the chemical substance or 
                        mixture for which the notice is required;
                            ``(vi) the expected date of export;
                            ``(vii) any information relating to the 
                        foreseen uses of the chemical substance or 
                        mixture, if known, in the importing foreign 
                        state;
                            ``(viii) any information on precautionary 
                        measures to reduce exposure to, and emission 
                        of, the chemical substance or mixture;
                            ``(ix) any information relating to the 
                        concentration of the chemical substance or 
                        mixture; and
                            ``(x) any other information specified in 
                        Annex V to the PIC Convention.
                    ``(B) Notices under paragraph (1)(c).--A notice 
                under paragraph (1)(C) shall include--
                            ``(i) all of the information required to be 
                        included under subparagraph (A);
                            ``(ii) any information relating to export 
                        conditions or restrictions identified by the 
                        Administrator in the notice issued under 
                        subsection (d)(3) with respect to the chemical 
                        substance or mixture;
                            ``(iii) a general description of the manner 
                        in which the export complies with those 
                        conditions; and
                            ``(iv) any other information that the 
                        Administrator determines to be necessary for 
                        effective enforcement of the export conditions 
                        or restrictions applicable to the chemical 
                        substance or mixture.
                    ``(C) Notices under paragraph (1)(d).--A notice 
                submitted to the Administrator under paragraph (1)(D) 
                shall include--
                            ``(i) the name and address of the exporter;
                            ``(ii) the name and address of the 
                        importer;
                            ``(iii) a specification of the identity of 
                        the POPs chemical substance or mixture;
                            ``(iv) a general description of how the 
                        export complies with the conditions under 
                        paragraph (7) or (8) of section 502(c); and
                            ``(v) such other information as the 
                        Administrator determines to be necessary for 
                        enforcement of the export-related obligations 
                        of the POPs Agreement applicable to the 
                        chemical substance or mixture.
            ``(4) Pre-export notices accompanying each export.--An 
        exporter shall ensure that a copy of the most recent applicable 
        pre-export notice accompanies each shipment for export and is 
        available for inspection at the border of--
                    ``(A) any chemical substance or mixture that the 
                Administrator has identified under subsection (d)(3) as 
                being listed on Annex III of the PIC Convention; or
                    ``(B) any POPs chemical substance or mixture that 
                is exported under paragraph (7) or (8) of section 
                502(c).
            ``(5) Retention of pre-export notices.--An exporter 
        required to provide a notice under subparagraph (C) or (D) of 
        paragraph (1) shall maintain a copy of the notice and other 
        documents used to generate the notice on site and readily 
        available for a period of not less than 3 years beginning on 
        the date on which the notice is provided.
    ``(c) Labeling Requirements.--
            ``(1) In general.--In the case of any chemical substance or 
        mixture that is the subject of a notice issued under paragraph 
        (1) or (3) of subsection (d) and that is manufactured, 
        processed, or distributed in commerce for export, the chemical 
        substance or mixture shall, in accordance with the PIC 
        Convention--
                    ``(A) bear labeling information relating to risks 
                or hazards to human health or the environment; and
                    ``(B) be accompanied by shipping documents that 
                include any relevant safety data sheets on the chemical 
                substance or mixture.
            ``(2) Custom codes.--A chemical substance or mixture that 
        is the subject of a notice issued under subsection (d)(3) and 
        that is distributed or sold for export shall be accompanied by 
        shipping documents that bear, at a minimum, any appropriate 
        harmonized system customs codes assigned by the World Customs 
        Organization.
    ``(d) Notice Requirements and Exemption.--
            ``(1) Determination whether chemical substance or mixture 
        is banned or severely restricted.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the Secretary of State, shall determine 
                whether a chemical substance or mixture is banned or 
                severely restricted within the United States (as those 
                terms are defined by the PIC Convention).
                    ``(B) Notice of determinations.--Notwithstanding 
                any other provision of law, the Administrator shall 
                issue to the Secretariat of the PIC Convention and the 
                public a notice of each determination under 
                subparagraph (A) that includes--
                            ``(i) in the case of a notice to the 
                        Secretariat of the PIC Convention, the 
                        information specified in Annex I to the PIC 
                        Convention; and
                            ``(ii) in the case of a notice to the 
                        public, at a minimum, a summary of that 
                        information.
            ``(2) Notice to foreign countries.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, on receipt of a notice of intent to 
                export under subsection (b)(1)(B), the Administrator 
                shall provide a copy of the notice to the designated 
                national authority of the importing foreign state.
                    ``(B) Nonidentified designated national 
                authority.--In a case in which a designated national 
                authority has not been identified, the Administrator 
                shall provide the notice of intent to export to any 
                other appropriate official of the importing foreign 
                state, as identified by the Administrator.
            ``(3) Notice to public.--
                    ``(A) In general.--The Administrator, with the 
                concurrence of the Secretary of State, shall issue a 
                notice to inform the public of--
                            ``(i) any chemical substance or mixture 
                        that is listed on Annex III to the PIC 
                        Convention; and
                            ``(ii) any condition or restriction of an 
                        importing foreign state that is applicable to 
                        the import, in accordance with the PIC 
                        Convention, of the chemical substance or 
                        mixture.
                    ``(B) Timing.--A notice required under subparagraph 
                (A) shall be issued not later than 90 days after, and 
                any conditions or restrictions described in 
                subparagraph (A)(ii) shall take effect not later than 
                180 days after, the date of receipt of a notice from 
                the Secretariat of the PIC Convention who--
                            ``(i) transmits import decisions of the 
                        parties to the PIC Convention; or
                            ``(ii) provides notice of the failure of 
                        the parties to provide import decisions.
                    ``(C) Treatment of conditions and restrictions.--A 
                condition or restriction identified by a notice 
                required under subparagraph (A) shall be considered to 
                be an export condition or restriction for the purpose 
                of subsection (a).
            ``(4) Notice of exemption.--The Administrator may issue a 
        notice exempting any chemical substance or mixture from the 
        requirements of subsections (a) through (c) and this subsection 
        if the Administrator determines, with the concurrence of the 
        Secretary of State, that the exemption would be consistent with 
        the PIC Convention.
            ``(5) Integration with other notices.--To the maximum 
        extent practicable, the Administrator shall integrate the 
        information contained in any notice issued under this 
        subsection into any notice published under--
                    ``(A) section 12(b);
                    ``(B) section 502; or
                    ``(C) section 17(g) of the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136o(g)).
    ``(e) Regulations.--The Administrator may promulgate such 
regulations as the Administrator determines to be necessary--
            ``(1) to facilitate implementation of this section;
            ``(2) to ensure compliance with the PIC Convention, the 
        POPs Convention, and the LRTAP POPs Protocol; and
            ``(3) to allow the pre-export notice requirement under this 
        section and any pre-export notice requirement in other 
        provisions of this Act or in any other Federal law to be 
        satisfied by a single notice.
    ``(f) Harmonization of POPs Convention and PIC Convention.--
            ``(1) In general.--If the export of a chemical substance or 
        mixture is addressed or restricted under both section 502 and 
        this section, that section and this section shall apply to the 
        chemical substance or mixture.
            ``(2) Conflict.--In the case of a conflict between section 
        502 and this section with respect to a chemical substance or 
        mixture, the more stringent provision shall govern.
            ``(3) Application.--With respect to a chemical substance or 
        mixture, section 502 and this section shall be applied in such 
        a manner as to ensure that the United States is in compliance 
        with both the POPs Convention and the PIC Convention with 
        respect to the chemical substance or mixture.

``SEC. 506. JUDICIAL REVIEW.

    ``(a) Definition of Rulemaking Record.--In this section, the term 
`rulemaking record' means--
            ``(1) a regulation reviewed under this section;
            ``(2) any determination required under section 502(h);
            ``(3) any written submission of interested parties relating 
        to the promulgation of a regulation under section 502(h);
            ``(4)(A) in the case of a POPs chemical substance or 
        mixture, the international listing process and Conference 
        listing decision; or
            ``(B) in the case of a LRTAP POPs chemical substance or 
        mixture, the LRTAP POPs listing decision;
            ``(5) comments on the proposed regulation; and
            ``(6) any other information that the Administrator--
                    ``(A) determines to be relevant to the regulation; 
                and
                    ``(B) identifies on or before the date of 
                promulgation of the regulation.
    ``(b) Judicial Review.--
            ``(1) In general.--Not later than 60 days after the date of 
        promulgation of a regulation under this title, any person may 
        file a petition for judicial review of the regulation with--
                    ``(A) the United States Court of Appeals for the 
                District of Columbia; or
                    ``(B) the United States court of appeals for the 
                circuit in which the person resides or maintains a 
                principal place of business.
            ``(2) Jurisdiction.--The United States courts of appeals 
        shall have exclusive jurisdiction of any action to obtain 
        judicial review (other than in an enforcement proceeding) of a 
        regulation promulgated under this title if any United States 
        district court would have had jurisdiction of the action but 
        for this paragraph.
            ``(3) Copies.--The clerk of the court with which a petition 
        is filed under this subsection shall submit to the 
        Administrator and the Attorney General copies of the petition.
            ``(4) Rulemaking proceedings.--With respect to an action to 
        obtain judicial review under this subsection, section 2112 of 
        title 28, United States Code, shall apply to--
                    ``(A) the filing of the record of proceedings for a 
                rulemaking on which the Administrator based the 
                regulation; and
                    ``(B) any transfer of proceedings between United 
                States courts of appeals.
    ``(c) Standard of Review.--Section 706 of title 5, United States 
Code, shall apply to the review of a regulation under this section.
    ``(d) Fees and Costs.--The decision of the court in an action 
commenced under subsection (b), or of the Supreme Court of the United 
States on review of such a decision, may include an award of costs 
relating to the action (including reasonable fees for attorneys and 
expert witnesses) if the court determines that such an award is 
appropriate.
    ``(e) Other Remedies.--The remedies provided under this section 
shall be in addition to and not in lieu of remedies provided under any 
other provision of law.''.

SEC. 102. EXPORTS.

    Section 12(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
2611(a)(1)) is amended by striking ``(other than section 8)'' and 
inserting ``(other than section 8 or title V)''.

SEC. 103. PROHIBITED ACTS.

    Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is 
amended to read as follows:

``SEC. 15. PROHIBITED ACTS.

    ``It shall be unlawful for any person to--
            ``(1) fail or refuse to comply with--
                    ``(A) any rule promulgated or order issued under 
                section 4;
                    ``(B) any requirement prescribed by section 5 or 6;
                    ``(C) any rule promulgated or order issued under 
                section 5 or 6;
                    ``(D) any requirement of title II;
                    ``(E) any rule promulgated or order issued under 
                title II;
                    ``(F) any requirement of title V; or
                    ``(G) any rule promulgated under title V;
            ``(2) use for commercial purposes a chemical substance or 
        mixture that the person knew or had reason to know was 
        manufactured, processed, or distributed in commerce for export 
        in violation of--
                    ``(A) section 5 or 6;
                    ``(B) a rule promulgated or order issued under 
                section 5 or 6;
                    ``(C) an order issued in a civil action brought 
                under section 5 or 7;
                    ``(D) title V; or
                    ``(E) a rule promulgated under title V;
            ``(3) fail or refuse to establish or maintain records, 
        submit reports, notices, or other information, or permit access 
        to or copying of records as required by this Act (including 
        regulations promulgated under this Act); or
            ``(4) fail or refuse to permit entry or inspection as 
        required under section 11.''.

SEC. 104. CONFORMING AMENDMENTS.

    (a) Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) 
is amended in subsections (a) and (b) by striking ``title IV'' each 
place it appears and inserting ``title IV or V''.
    (b) Section 13(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
2612(a)(1)) is amended by striking subparagraph (B) and inserting the 
following:
                    ``(B) it is offered for entry in violation of--
                            ``(i) section 5 or 6;
                            ``(ii) title IV or V;
                            ``(iii) a rule or order issued under 
                        section 5 or 6 or title IV or V; or
                            ``(iv) an order issued in a civil action 
                        brought under section 5 or 6 or title IV.''.
    (c) Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) 
is amended by striking ``section 15 or 409'' each place it appears and 
inserting ``section 15, section 409, or title V''.
    (d) Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``section 15 or 409,'' and inserting ``section 
                        15, section 409, or title V;'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) restrain any person from taking any action 
                prohibited by section 5 or 6, or title IV or V (or a 
                rule or order issued under any of those sections or 
                titles);'';
                            (iii) in subparagraph (C), by striking the 
                        comma at the end and inserting a semicolon; and
                            (iv) in subparagraph (D)--
                                    (I) by striking ``title IV 
                                manufactured'' and inserting ``title IV 
                                or V manufactured''; and
                                    (II) by striking ``section 5, 6, or 
                                title IV'' each place it appears and 
                                inserting ``section 5 or 6, or title IV 
                                or V''; and
                    (B) in paragraph (2), by inserting ``or title V'' 
                after ``section 15''; and
            (2) in the first sentence of subsection (b), by inserting 
        ``or V'' after ``title IV''.
    (e) Section 18(a)(2) of the Toxic Substances Control Act (15 U.S.C. 
2617(a)(2)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) no State or political subdivision may 
                establish or continue in effect any requirement that is 
                applicable to--
                            ``(i) a POPs Chemical substance or mixture 
                        or LRTAP POPs chemical substance or mixture (as 
                        defined in title V); or
                            ``(ii) a chemical substance or mixture that 
                        the Administrator regulates under section 
                        502(h).''.
    (f) Section 20(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
2619(a)(1)) is amended by striking ``title II or IV'' each place it 
appears and inserting ``title II, IV, or V''.




                                                       Calendar No. 481

108th CONGRESS

  2d Session

                                S. 1486

                          [Report No. 108-256]

_______________________________________________________________________

                                 A BILL

To amend the Toxic Substances Control Act and the Federal Insecticide, 
Fungicide, and Rodenticide Act to implement the Stockholm Convention on 
   Persistent Organic Pollutants, the Protocol on Persistent Organic 
Pollutants to the Convention on Long-Range Transboundary Air Pollution, 
 and the Rotterdam Convention on the Prior Informed Consent Procedure 
 for Certain Hazardous Chemicals and Pesticides in International Trade.

_______________________________________________________________________

                             April 29, 2004

                       Reported with an amendment