[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4591 Reported in House (RH)]






                                                 Union Calendar No. 426
109th CONGRESS
  2d Session
                                H. R. 4591

                          [Report No. 109-714]

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 HOUSE OF REPRESENTATIVES

                           December 16, 2005

 Mr. Gillmor introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                           November 15, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           December 16, 2005]

_______________________________________________________________________

                                 A BILL



To implement the Stockholm Convention on Persistent Organic Pollutants, 
  the Protocol on Persistent Organic Pollutants to the Convention on 
Long-Range Transboundary Air Pollution, and the Rotterdam Convention on 
 the Prior Informed Consent Procedure for Certain Hazardous Chemicals 
                 and Pesticides in International Trade.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stockholm and Rotterdam Toxics 
Treaty Act of 2006''.

SEC. 2. 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) Executive body.--The term `Executive Body' means the 
        Executive Body established by Article 10 of the LRTAP 
        Convention.
            ``(4) Executive body decision 1998/2.--The term `Executive 
        Body Decision 1998/2' means the decision of the Executive Body 
        titled `Executive Body Decision 1998/2 on Information to Be 
        Submitted and the Procedure for Adding Substances to Annexes I, 
        II, or III to the Protocol on Persistent Organic Pollutants' 
        and any other Executive Body decision done pursuant to Article 
        14 of the LRTAP POPs Protocol.
            ``(5) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541), and any subsequent 
        amendment to which the United States consents to be bound.
            ``(6) LRTAP pops chemical substance or mixture.--The term 
        `LRTAP POPs chemical substance or mixture' means one of the 
        following chemical substances or mixtures, as defined in 
        section 3:
                    ``(A) Aldrin.
                    ``(B) Chlordane.
                    ``(C) Chlordecone.
                    ``(D) Dichlorodiphenyltrichloroethane (DDT).
                    ``(E) Dieldrin.
                    ``(F) Endrin.
                    ``(G) Hexachlorocyclohexane (HCH).
                    ``(H) Heptachlor.
                    ``(I) Hexachlorobenzene.
                    ``(J) Hexabromobiphenyl.
                    ``(K) Mirex.
                    ``(L) Polychlorinated biphenyls (PCBs).
                    ``(M) Toxaphene.
                    ``(N) Any chemical substance or mixture that is 
                listed on Annex I or Annex II of the LRTAP POPs 
                Protocol.
            ``(7) 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, and any 
        subsequent amendment to which the United States consents to be 
        bound.
            ``(8) 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, and any 
        subsequent amendment to which the United States consents to be 
        bound.
            ``(9) POPS chemical substance or mixture.--The term `POPs 
        chemical substance or mixture' means one of the following 
        chemical substances or mixtures, as defined in section 3:
                    ``(A) Aldrin.
                    ``(B) Chlordane.
                    ``(C) Dichlorodiphenyltrichloroethane (DDT).
                    ``(D) Dieldrin.
                    ``(E) Endrin.
                    ``(F) Heptachlor.
                    ``(G) Hexachlorobenzene.
                    ``(H) Mirex.
                    ``(I) Polychlorinated biphenyls (PCBs).
                    ``(J) Toxaphene.
                    ``(K) Any other chemical substance or mixture that 
                is listed in Annex A or B to the POPs Convention.
            ``(10) POPS convention.--The term `POPs Convention' means 
        the Stockholm Convention on Persistent Organic Pollutants, done 
        at Stockholm on May 22, 2001, and any subsequent amendment to 
        which the United States consents to be bound.
            ``(11) 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.--Except as otherwise provided in this title, no 
person may manufacture, process, distribute in commerce for export, 
use, or dispose of a POPs chemical substance or mixture listed in 
section 501(9) (A), (B), (C), (D), (E), (F), (G), (H), or (J), or a 
LRTAP POPs chemical substance or mixture listed in section 501(6)(A), 
(B), (C), (D), (E), (F), (G), (H), (I), (J), (K), or (M).
    ``(b) Exceptions.--The Administrator may by rule provide for 
exceptions to the prohibition under subsection (a) where such 
exceptions are not inconsistent with the obligations of the United 
States under the POPs Convention or the LRTAP POPs Protocol.
    ``(c) PCBs.--The Administrator may issue or amend rules for the 
purpose of United States compliance with the provisions of the POPs 
Convention or the LRTAP POPs Protocol related to polychlorinated 
biphenyls through rules duly promulgated through notice and comment 
rulemaking under section 6(e) or other applicable Federal law.

``SEC. 503. NOTICE, INFORMATION, RULEMAKING, AND EXEMPTIONS.

    ``(a) Notice That Screening Criteria Are Met or After Risk Profile 
Submitted.--
            ``(1) Applicability.--This subsection applies if--
                    ``(A) the POPs Review Committee decides 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;
                    ``(B) the Conference decides under paragraph 5 of 
                Article 8 of the POPs Convention, that such a proposal 
                shall proceed; or
                    ``(C) 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 60 days after the date 
        of an action described in paragraph (1), the Administrator 
        shall--
                    ``(A) publish in the Federal Register a notice of 
                the action; and
                    ``(B) provide opportunity for public comment on the 
                proposal or risk profile described in paragraph (1).
            ``(3) Required elements of notice.--A notice under 
        paragraph (2) shall include--
                    ``(A) the identity of the chemical substance or 
                mixture that is the subject of the proposal or risk 
                profile described in paragraph (1);
                    ``(B) a summary of the process, under the POPs 
                Convention or the LRTAP POPs Protocol, for the 
                consideration of the action that was taken, including 
                criteria applied in that process;
                    ``(C) a summary of the POPs Review Committee or 
                Conference decisions to date on the proposed listing 
                and the basis for the decisions; and
                    ``(D) a summary of how the chemical substance or 
                mixture that is the subject of the action is currently 
                regulated under the laws of the United States.
    ``(b) Notice That Further Consideration of Chemical Substance or 
Mixture Is Warranted.--
            ``(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 a 
                chemical substance or mixture that is the subject of a 
                proposal to list under an Annex to the POPs Convention;
                    ``(B) the Conference decides, under paragraph 8 of 
                that Article, that such a proposal shall proceed; or
                    ``(C) the Executive Body determines pursuant to 
                paragraph 2 of Executive Body Decision 1998/2 that 
                further consideration of a chemical substance or 
                mixture is warranted, and therefore requires one or 
                more technical reviews of the proposal.
            ``(2) Notice.--Not later than 60 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 public comment on the 
                decision or determination.
            ``(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--
                            ``(i) the POPs Review Committee or 
                        Conference decision, and the basis for the 
                        decision, in the case of a decision described 
                        in paragraph (1)(A) or (B);
                            ``(ii) the Executive Body determination, 
                        and basis for the determination, in the case of 
                        a determination described in paragraph (1)(C); 
                        and
                            ``(iii) the comments received by the 
                        Administrator in response to the Federal 
                        Register notice published pursuant to 
                        subsection (a)(2)(A); and
                    ``(C) request, for a chemical substance or mixture 
                proposed for listing on Annex A or B of the POPs 
                Convention or Annex I or II of the LRTAP POPs Protocol, 
                information and public comment on any present or 
                anticipated production or use of the chemical substance 
                or mixture, including any explanation or documentation 
                of items relating thereto that the United States may 
                use 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.
    ``(c) Notice of Conference Recommendation Concerning a Listing or 
Completion of a 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 a chemical substance 
                or mixture in accordance with a proposal; or
                    ``(B) after completion of a technical review of the 
                proposal to list a chemical substance or mixture on an 
                Annex of the LRTAP POPs Protocol.
            ``(2) Notice.--Not later than 60 days after the date on 
        which a recommendation under paragraph (1)(A) is made or a 
        technical review described in paragraph (1)(B) 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 public comment on the 
                recommendation or the technical review.
            ``(3) Required elements.--A notice under paragraph (2) 
        shall include a summary of--
                    ``(A) the POPs Review Committee recommendation, and 
                the basis for the recommendation, or of the technical 
                review;
                    ``(B) any control measures for the chemical 
                substance or mixture that are proposed by the POPs 
                Review Committee or in the technical review;
                    ``(C) any control measures for the chemical 
                substance or mixture that exist under the laws of the 
                United States; and
                    ``(D) any public comments received by the 
                Administrator in response to the Federal Register 
                notice published pursuant to subsection (b)(2).
    ``(d) Provision of Information.--
            ``(1) Under pops convention.--The Administrator, where 
        relevant, by general order issued in the Federal Register may 
        require any person, or appropriate categories of persons, that 
        manufactures, processes, distributes in commerce for export, or 
        disposes of a chemical substance or mixture that is the subject 
        of a notice under subsection (a), (b), or (c) to provide 
        information, to the extent such information is known or readily 
        obtainable, on--
                    ``(A) the annual quantity of the chemical substance 
                or mixture that the person manufactures and the 
                locations of the manufacture;
                    ``(B) the uses of the chemical substance or 
                mixture;
                    ``(C) the approximate annual quantity of the 
                chemical substance or mixture that the person releases 
                into the environment; and
                    ``(D) other information or monitoring data relating 
                to the chemical substance or mixture that is consistent 
                with the information specified in--
                            ``(i) paragraph 1 of Annex D;
                            ``(ii) subsections (b) through (e) of Annex 
                        E; and
                            ``(iii) Annex F,
                to the POPs Convention.
            ``(2) Under lrtap pops protocol.--The Administrator, where 
        relevant, by general order issued in the Federal Register, may 
        require any person, or appropriate categories of persons, that 
        manufactures, processes, distributes in commerce for export, or 
        disposes of a chemical substance or mixture that is the subject 
        of a notice under subsection (a), (b), or (c) to provide 
        information, to the extent such information is known or readily 
        obtainable, on--
                    ``(A) the annual quantity of the chemical substance 
                or mixture that the person manufactures and the 
                locations of the manufacture;
                    ``(B) the uses of the chemical substance or 
                mixture;
                    ``(C) the approximate annual quantity of the 
                chemical substance or mixture that the person releases 
                into the environment;
                    ``(D) environmental monitoring data relating to the 
                chemical substance or mixture (in areas distant from 
                sources);
                    ``(E) information on alternatives to the uses of 
                the chemical substance or mixture and the efficacy of 
                each alternative;
                    ``(F) information on any known adverse 
                environmental or human health effects associated with 
                each such alternative; and
                    ``(G) other information or monitoring data relating 
                to the chemical substance or mixture that is consistent 
                with information specified in Executive Body Decision 
                1998/2 for inclusion in the risk profile or technical 
                review.
            ``(3) Updating of information.--
                    ``(A) Voluntary updates.--Any person who submits 
                information under paragraph (1) or (2) may voluntarily 
                update the information at any time.
                    ``(B) Required updates.--If the Administrator 
                determines, with the concurrence of the Secretary of 
                State, that an update of information submitted under 
                paragraph (1) or (2) is necessary, the Administrator 
                may, through a general order published in the Federal 
                Register, require all persons that are required to 
                submit the information to update the information.
                    ``(C) New information.--As part of a general order 
                published under subparagraph (B), the Administrator may 
                require any person who, after the date specified in the 
                general order issued pursuant to paragraph (1) or (2) 
                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 
                paragraph (1) or (2), to submit the information 
                required to be submitted in the general order issued 
                pursuant to paragraph (1) or (2).
    ``(e) Action by the Administrator Upon New Listing or Other 
Changes.--
            ``(1) Rulemaking.--
                    ``(A) Authority.--If either--
                            ``(i) the Conference decides to amend Annex 
                        A or B of the POPs Convention to list an 
                        additional chemical substance or mixture; or
                            ``(ii) the parties to the LRTAP POPs 
                        Protocol decide to amend Annex I or II to the 
                        LRTAP POPs Protocol to list an additional 
                        chemical substance or mixture,
                the Administrator may issue rules to prohibit or 
                restrict the manufacture, processing, distribution in 
                commerce for export, use, or disposal of the additional 
                chemical substance or mixture to the extent necessary 
                to protect human health and the environment in a manner 
                that achieves a reasonable balance of social, 
                environmental, and economic costs and benefits. Such 
                costs and benefits include both qualitative and 
                quantitative costs and benefits. The Administrator may 
                modify rules issued under this paragraph, consistent 
                with the requirements of this paragraph.
                    ``(B) Scope of rulemaking.--The Administrator may 
                issue rules under subparagraph (A) only to meet, in 
                whole or in part, the obligations of the United States 
                under the POPs Convention or LRTAP POPs Protocol if the 
                United States were to consent to be bound for that 
                applicable amendment referred to in subparagraph (A).
                    ``(C) Effective date for rules.--No rule issued 
                under this paragraph shall take effect until the United 
                States has consented to be bound by the amendment 
                agreed to by a decision under subparagraph (A)(i) or 
                (ii).
            ``(2) Considerations.--(A) In taking an action under 
        paragraph (1), the Administrator shall consider--
                    ``(i) the effects of such chemical substance or 
                mixture on health and the magnitude and impact of the 
                exposure of human beings to such chemical substance or 
                mixture;
                    ``(ii) the effects of such chemical substance or 
                mixture on the environment and the magnitude and impact 
                of the exposure of the environment to such chemical 
                substance or mixture;
                    ``(iii) the benefits of such chemical substance or 
                mixture for various uses and the availability, risks, 
                and economic consequences of substitutes for such uses, 
                considering factors described in clause (iv);
                    ``(iv) the reasonably ascertainable economic 
                consequences of the proposed prohibition or other 
                regulation, after consideration of the effect on the 
                national economy, small business, technological 
                innovation, the environment, and public health, 
                including the degree to which the manufacture, 
                processing, distribution in commerce for export, use, 
                or disposal of the chemical substance or mixture is 
                necessary to prevent significant harm to an important 
                sector of the economy; and
                    ``(v) 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).
            ``(B) Nothing in this paragraph shall be interpreted to 
        prevent the Administrator from using the information described 
        in paragraph (3), along with any other information provided 
        during the comment period with respect to the rulemaking under 
        paragraph (1), to carry out this paragraph.
            ``(3) Additional considerations.--The Administrator may 
        also consider--
                    ``(A) with regard to chemical substances or 
                mixtures listed in Annex A or B of the POPs 
                Convention--
                            ``(i) recommendations of the POPs Review 
                        Committee under paragraph 9 of Article 8 of the 
                        POPs Convention;
                            ``(ii) the Conference listing decision; and
                            ``(iii) 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
                    ``(B) with regard to chemical substances or 
                mixtures listed in Annex I or II of the LRTAP POPs 
                Protocol--
                            ``(i) any technical review conducted 
                        pursuant to paragraph 2 of the Executive Body 
                        Decision 1998/2;
                            ``(ii) the LRTAP POPs Protocol listing 
                        decision; and
                            ``(iii) any information that the United 
                        States submitted to the Executive Body, or a 
                        subsidiary of the Executive Body, in relation 
                        to such a technical review or listing decision.
            ``(4) Assessment of risks or effects.--In assessing risks 
        and effects, the Administrator shall use sound and objective 
        scientific practices, and shall determine the weight of the 
        scientific evidence concerning such risks or effects based on 
        the best available scientific information, including peer-
        reviewed studies, in the rulemaking record.
            ``(5) Comments and information part of record.--The 
        comments and information received in response to notices or 
        orders published pursuant to subsections (a), (b), (c), and (d) 
        shall be part of the record for a rule promulgated pursuant to 
        this subsection.
    ``(f) Exemptions Under POPs Convention.--
            ``(1) Use-specific or acceptable purpose exemptions.--
        Prohibitions or restrictions included in rules issued under 
        subsection (e)(1), and the prohibitions described in section 
        502(a), 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 
        determines, through final rules promulgated under subsection 
        (e)(1), with the concurrence of the Secretary of State--
                    ``(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 obligations or potential 
                obligations of the United States with respect to that 
                chemical substance or mixture under the POPs 
                Convention.
            ``(2) Unintentional trace contaminants.--Prohibitions or 
        restrictions included in rules issued under subsection (e)(1), 
        and the prohibitions described in section 502(a), 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.--Prohibitions or restrictions included in 
        rules issued under subsection (e)(1), and the prohibitions 
        described in section 502(a), 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.--Prohibitions or restrictions included in rules issued 
        under subsection (e)(1), and the prohibitions described in 
        section 502(a), 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 for the United 
                States 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 exemption.--
                    ``(A) In general.--Subject to subparagraph (B), 
                prohibitions or restrictions included in rules issued 
                under subsection (e)(1), and the prohibitions described 
                in section 502(a), shall not apply to any quantity of a 
                POPs chemical substance or mixture that is manufactured 
                and used as a closed-system site-limited intermediate 
                that is chemically transformed in the manufacture of 
                other chemicals that do not exhibit the characteristics 
                of persistent organic pollutants.
                    ``(B) Conditions.--Subparagraph (A) applies if, 
                before the commencement of the manufacture or use under 
                the POPs Convention, and before each 10-year period 
                thereafter--
                            ``(i) any person that desires to invoke the 
                        exemption provides to the Administrator 
                        information concerning--
                                    ``(I) 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
                                    ``(II) 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--
                                    ``(I) determines, with the 
                                concurrence of the Secretary of State, 
                                that the information provided under 
                                clause (i) is complete and sufficient; 
                                and
                                    ``(II) transmits the information to 
                                the Secretariat of the POPs Convention.
                    ``(C) Termination of exemption.--If, at the 
                termination of any exemption under subparagraph (A), a 
                particular closed-system site-limited intermediate 
                exemption is no longer authorized for the United States 
                under the POPs Convention, no further exemption shall 
                be available under subparagraph (A).
            ``(6) Distribution in commerce for export if production or 
        use-specific exemption or acceptable purpose is in effect.--
                    ``(A) In general.--Prohibitions or restrictions 
                included in rules issued under subsection (e)(1), and 
                the prohibitions described in section 502(a), 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--
                            ``(i) if the export is for purposes of 
                        disposal, the export does not comply with an 
                        export condition described in subparagraph (B), 
                        as determined by the Administrator in 
                        consultation with the heads of other interested 
                        Federal agencies; or
                            ``(ii) the export does not comply with an 
                        export condition described in subparagraph (C), 
                        or (D), as applicable, 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)(i) 
                is that the POPs chemical substance or mixture is 
                exported for the purpose of environmentally sound 
                disposal.
                    ``(C) Export to party with permission to use.--An 
                export condition referred to in subparagraph (A)(ii) 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)(ii) 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 described in clause (ii) 
                                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.
                    ``(E) Information relevant to exports.--The 
                Administrator, with the concurrence of the Secretary of 
                State, shall make available to the public, and keep 
                current, a list of--
                            ``(i) parties to the POPs Convention;
                            ``(ii) production and use specific 
                        exemptions available to the United States;
                            ``(iii) parties to the POPs Convention that 
                        are permitted to use each POPs chemical 
                        substance or mixture under Annex A or B of the 
                        POPs Convention; and
                            ``(iv) chemical substances and mixtures for 
                        which no production or use specific exemptions 
                        are in effect for any party to the POPs 
                        Convention.
            ``(7) Export for environmentally sound disposal if no 
        production or use specific exemption in effect.--Prohibitions 
        or restrictions included in rules issued under subsection 
        (e)(1), and the prohibitions described in section 502(a), shall 
        not apply to any distribution in commerce for export for the 
        purpose of environmentally sound disposal 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.
            ``(8) Imports for environmentally sound disposal.--
        Prohibitions or restrictions included in rules issued under 
        subsection (e)(1), and the prohibitions described in section 
        502(a), shall not apply to a POPs chemical substance or mixture 
        that is imported for the purpose of environmentally sound 
        disposal.
            ``(9) Waste.--Prohibitions or restrictions included in 
        rules issued under subsection (e)(1), and the prohibitions 
        described in section 502(a), 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 that is 
        otherwise regulated under Federal law.
            ``(10) 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 Act or 
        any other title of this Act.
    ``(g) Exemptions Under LRTAP POPs Protocol.--
            ``(1) In general.--Prohibitions or restrictions included in 
        rules issued under subsection (e)(1), and the prohibitions 
        described in section 502(a), shall not apply to--
                    ``(A) any manufacture, processing, distribution in 
                commerce for export, use, or disposal of a LRTAP POPs 
                chemical substance or mixture that--
                            ``(i) the Administrator determines, through 
                        final rules promulgated under subsection 
                        (e)(1), with the concurrence of the Secretary 
                        of State, 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) the Administrator determines, 
                        through final rules promulgated under 
                        subsection (e)(1), with the concurrence of the 
                        Secretary of State, would, as a result, not 
                        prevent the United States from complying with 
                        obligations or potential obligations of the 
                        United States with respect to that chemical 
                        substance or mixture 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 for the 
                        United States of any applicable obligation 
                        under 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 
                        for the United States 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 of HCH, the use of technical 
                HCH (i.e., HCH mixed isomers) as an intermediate in 
                chemical manufacturing, and the use of products in 
                which 99 percent of the HCH isomer is in the gamma form 
                (i.e. lindane, CAS:58-89-9) so long as such use is 
                restricted to--
                            ``(i) seed treatment; and
                            ``(ii) public health,
                unless the Administrator, by rule, restricts the 
                application of this subparagraph consistent with an 
                amendment to the LRTAP POPs Protocol specifically 
                addressing HCH;
                    ``(G) any quantity of a LRTAP POPs chemical 
                substance or mixture that has become waste that is 
                otherwise regulated under Federal law;
                    ``(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 may 
        grant an exemption from prohibitions or restrictions included 
        in rules issued under subsection (e)(1), and the prohibitions 
        described in section 502(a), that the Administrator, in 
        concurrence with the Secretary of State, determines is 
        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 prohibitions or 
                restrictions included in rules issued under subsection 
                (e)(1), and the prohibitions described in section 
                502(a).
                    ``(B) 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.--If the 
        Administrator grants an exemption under paragraph (2) or (3), 
        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 paragraph (2) or (3), the exemption is no 
                longer consistent with the requirements of paragraph 
                (2) or (3), the Administrator shall withdraw the grant 
                of such exemption.
                    ``(B) Publication of notice in federal register.--
                The Administrator shall publish in the Federal Register 
                a notice announcing the withdrawal under subparagraph 
                (A) of any exemption.
            ``(6) No effect on other prohibitions.--Nothing in this 
        subsection authorizes any manufacture, processing, distribution 
        in commerce for export, use, or disposal of a LRTAP POPs 
        chemical substance or mixture that is prohibited under any 
        other Act or any other title of this Act.
    ``(h) 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 subsection (f) applicable to a POPs 
        chemical substance or mixture and a provision of subsection (g) 
        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 a chemical substance or 
        mixture described in paragraph (1), subsections (f) and (g) 
        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.
    ``(i) Action by the Administrator Upon Addition of Source 
Categories.--
            ``(1) Applicability.--If the Conference decides to amend 
        Annex C of the POPs Convention to add to Part II new source 
        categories not already listed under section 112(c) of the Clean 
        Air Act (42 U.S.C. 7412(c)) as major source categories, such 
        decision shall be published in the Federal Register.
            ``(2) Conference decision notice.--A notice of a Conference 
        decision published in the Federal Register pursuant to 
        paragraph (1) of this subsection shall identify the source 
        category or categories that are the subject of the decision. 
        The notice shall include a summary of the Conference decision 
        and request information and public comment.
    ``(j) Action Plans.--
            ``(1) Applicability.--This subsection applies if the United 
        States--
                    ``(A) develops an action plan under Article 5(a) of 
                the POPs Convention;
                    ``(B) undertakes a review of a submitted action 
                plan under Article 5(a)(v) of the POPs Convention;
                    ``(C) requires, under Article 5(c) of the POPs 
                Convention, substitute or modified materials, products, 
                or processes; or
                    ``(D) requires, under Article 5(d) of the POPs 
                Convention, the use of best available techniques.
            ``(2) Requirement.--Not later than 90 days after the date 
        of an action described in paragraph (1), the Administrator 
        shall--
                    ``(A) publish in the Federal Register a notice of 
                such action; and
                    ``(B) provide opportunity for public comment on any 
                action plan, review of an action plan, or requirement 
                to be established pursuant to Article 5(c) or (d) of 
                the POPs Convention.
            ``(3) Authority to implement action plan.--An action to 
        implement an action plan developed under Article 5(a) of the 
        POPs Convention may be taken only to the extent that such 
        action is authorized under the statutes of the United States.
    ``(k) Decision Concerning a Rulemaking.--If, within 1 year after a 
decision described in subsection (e)(1)(A)(i) or (ii), the United 
States has not, pursuant to Article 22 of the POPs Convention or 
Article 14 of the LRTAP POPs Protocol, deposited its instrument of 
ratification, acceptance, accession, or approval with the Convention or 
Protocol's relevant body, for that chemical substance or mixture, the 
Administrator shall publish in the Federal Register--
            ``(1)(A) a notice of a decision to initiate a rulemaking 
        process regarding the chemical substance or mixture; or
            ``(B) a notice that a rulemaking process regarding the 
        chemical substance or mixture will not be initiated and the 
        reason for this decision, including, as appropriate, a 
        discussion of the relevant information obtained by the 
        Administrator under this section as well as other factors that 
        the Administrator may have evaluated; or
            ``(2) a notice indicating the status of the Administrator's 
        considerations on whether to publish a notice under paragraph 
        (1), and an estimate of the timeframe expected for such a 
        decision.

``SEC. 504. AMENDMENTS AND CONSULTATION.

    ``(a) Consent To Be Bound.--It is the sense of the Congress that 
the United States shall consent to be bound by an amendment to Annex A, 
B, or C of the POPs Convention only after, pursuant to paragraph (4) of 
Article 25 of the POPs Convention, the United States has declared that 
such amendment shall enter into force upon ratification, acceptance, 
approval, or accession of the United States to such amendment.
    ``(b) Consultation.--
            ``(1) In general.--The President shall, as appropriate, 
        consult with Congress before consenting to bind the United 
        States to an amendment to Annex A, B, or C of the POPs 
        Convention.
            ``(2) Reporting.--The President shall provide such other 
        information relating to an amendment described in paragraph (1) 
        as the Congress may request in the fulfillment of its 
        constitutional responsibilities with respect to the protection 
        of public health and the environment.
            ``(3) Congressional oversight.--Information provided 
        pursuant to paragraph (2) shall be transmitted to the Committee 
        on Energy and Commerce of the House of Representatives and to 
        the Committee on Environment and Public Works of the Senate for 
        appropriate action.

``SEC. 505. INTERNATIONAL COOPERATION AND NOTICE OF MEETINGS.

    ``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 on chemical substances and mixtures;
            ``(2) participate in technical cooperation and capacity 
        building activities designed to support implementation of--
                    ``(A) the POPs Convention;
                    ``(B) the LRTAP POPs Protocol; and
                    ``(C) the PIC Convention; and
            ``(3) publish in the Federal Register timely advance notice 
        of the known schedule and agenda of meetings on the POPs 
        Convention, PIC Convention, and LRTAP POPs Protocol, and their 
        subsidiary bodies, at which the United States will be 
        represented.

``SEC. 506. EFFECT OF REQUIREMENTS.

    ``Any provision of this Act that establishes a requirement to 
comply with, or that is based on, a provision of the POPs Convention, 
the LRTAP POPs Protocol, or the PIC Convention shall be effective only 
to the extent that the United States has consented to be bound by that 
provision.

``SEC. 507. RULES OF CONSTRUCTION.

    ``Nothing in this title--
            ``(1) shall be construed to require the United States to 
        register for a specific exemption available to the United 
        States under Annex A or B to the POPs Convention or an 
        acceptable purpose available to the United States under Annex B 
        to the POPs Convention; or
            ``(2) affects the authority of the Administrator to 
        regulate a chemical substance or mixture under any other law or 
        any provision of this Act.''.

SEC. 3. POLYCHLORINATED BIPHENYLS (PCBS).

    Section 6(e) of the Toxic Substances Control Act (15 U.S.C. 
2605(e)) is amended--
            (1) by adding at the end of paragraph (2) the following new 
        subparagraph:
    ``(D) The Administrator may not, after the date of enactment of 
this subparagraph, issue a rule authorizing activities, that were not 
previously authorized, under subparagraph (B) unless the activities 
authorized are consistent with the exemptions described in section 
503(f) or (g), subject to section 503(h).'';
            (2) by adding at the end of paragraph (3) the following new 
        subparagraph:
    ``(D) The Administrator may not, after the date of enactment of 
this subparagraph, grant an exemption under subparagraph (B) unless the 
manufacturing, processing, or distribution in commerce with respect to 
which such exemption applies is consistent with the exemptions 
described in section 503(f) or (g), subject to section 503(h).''; and
            (3) by adding at the end the following new paragraph:
    ``(6) Notwithstanding any other provision of this subsection, no 
person may distribute in commerce for export equipment (including 
transformers, capacitors, and other receptacles) containing greater 
than 0.05 liters of liquid stock that contains greater than 0.005 
percent polychlorinated biphenyls, except for the purpose of 
environmentally sound waste management to the extent that such 
distribution in commerce for export is authorized by Federal law.''.

SEC. 4. JUDICIAL REVIEW.

    Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is 
amended--
            (1) in subsection (a)(1)(A), by striking ``or IV'' and 
        inserting ``, IV, or V'';
            (2) in subsection (a)(3)(B), by striking ``title IV, the 
        finding'' and inserting ``title IV or V, the findings'';
            (3) by striking ``and'' at the end of subparagraph (D) of 
        subsection (a)(3);
            (4) by redesignating subparagraph (E) of subsection (a)(3) 
        as subparagraph (F);
            (5) by inserting after subparagraph (D) of subsection 
        (a)(3) the following new subparagraph:
            ``(E) for rules promulgated under section 503(e), any 
        written submission or other information the Administrator 
        receives pursuant to subsection (a), (b), (c), or (d) of 
        section 503; and'';
            (6) in subsection (b), by inserting ``(except a rule 
        promulgated pursuant to section 503)'' after ``this section to 
        review a rule''; and
            (7) in subsection (c)(1)(B)(i), by striking ``or 6(e)'' and 
        inserting ``6(e), or 503(e)(1)''.

SEC. 5. EXPORTS.

    Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) in subsection (a)(1), by striking ``subsection (b), 
        this Act (other than section 8)'' and inserting ``subsections 
        (b) and (c), this Act (other than section 8 and title V)''; and
            (2) by adding at the end the following new subsection:
    ``(c) Exports Under the PIC Convention and POPs Convention.--
            ``(1) Export conditions or restrictions.--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 paragraph (4)(C), any person that distributes in commerce 
        for export the chemical substance or mixture shall comply with 
        any export conditions or restrictions identified by the 
        Administrator in the notice.
            ``(2) Pre-export notices.--
                    ``(A) In general.--
                            ``(i) Requirement.--In the case of--
                                    ``(I) a chemical substance or 
                                mixture that the Administrator 
                                determines to be banned or severely 
                                restricted under paragraph (4)(A);
                                    ``(II) a chemical substance or 
                                mixture identified by the Administrator 
                                in a notice issued under paragraph 
                                (4)(C); or
                                    ``(III) a POPs chemical substance 
                                or mixture (for which a listing under 
                                Annex A or Annex B of the POPs 
                                Convention has entered into force for 
                                the United States), the export of which 
                                is not prohibited by section 502(a) or 
                                rules promulgated pursuant to section 
                                503(e),
                        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.
                            ``(ii) Timing of notice for chemical 
                        substances or mixtures that are banned or 
                        severely restricted.--
                                    ``(I) First export.--In the case of 
                                a first export that an exporter makes 
                                from the United States to each 
                                importing foreign state after the 
                                Administrator issues a notice under 
                                paragraph (4)(A), the exporter shall 
                                provide the notice required under 
                                clause (i) so that the Administrator 
                                receives the notice not earlier than 45 
                                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 calendar 
                                years subsequent to the notification 
                                provided under subclause (I), the 
                                exporter shall provide the notice so 
                                that the Administrator receives the 
                                notice not earlier than 45 nor later 
                                than 15 calendar days before the date 
                                of the first export in such calendar 
                                year.
                            ``(iii) Timing of notice for chemical 
                        substances or mixtures listed under the pic 
                        convention.--
                                    ``(I) First export.--In the case of 
                                a first export that an exporter makes 
                                from the United States to each 
                                importing foreign state after the 
                                Administrator issues a notice under 
                                paragraph (4)(C), the exporter shall 
                                provide the notice required under 
                                clause (i) so that the Administrator 
                                receives the notice not earlier than 45 
                                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 calendar years subsequent to the 
                                notification provided under subclause 
                                (I), the exporter shall provide the 
                                notice so that the Administrator 
                                receives the notice not earlier than 45 
                                nor later than 15 calendar days before 
                                the date of the first such export.
                                    ``(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 paragraph (4)(C), or 
                                if circumstances described by the 
                                exporter in an earlier pre-export 
                                notice have substantially changed, the 
                                exporter shall provide an additional 
                                notice under this subparagraph so that 
                                the Administrator receives the notice 
                                not earlier than 45 nor later than 15 
                                calendar days before the date of 
                                export.
                            ``(iv) Timing of pre-export notice for the 
                        export of pops chemical substances or mixtures 
                        which are not prohibited under the pops 
                        convention.--
                                    ``(I) First export.--In the case of 
                                the first export that an exporter makes 
                                from the United States to each 
                                importing foreign state of a chemical 
                                substance or mixture not prohibited 
                                from being exported by the prohibition 
                                in section 502(a) or rules promulgated 
                                pursuant to section 503(e), the 
                                exporter shall provide the notice under 
                                this subparagraph so that the 
                                Administrator receives the notice not 
                                earlier than 45 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 calendar years subsequent to the 
                                notification provided under subclause 
                                (I), the exporter shall provide the 
                                notice so that the Administrator 
                                receives the notice not earlier than 45 
                                nor later than 15 calendar days before 
                                the date of the first such subsequent 
                                export in such calendar year.
                                    ``(III) Changed circumstances 
                                meriting new notice.--If the 
                                circumstances described by the exporter 
                                in an earlier pre-export notice have 
                                substantially changed, the exporter 
                                shall provide an additional notice 
                                under this subparagraph so that the 
                                Administrator receives the notice not 
                                earlier than 45 nor later than 15 
                                calendar days before the date of 
                                export.
                    ``(B) Alternate time frame for notices.--
                            ``(i) Discretionary alternate time 
                        frames.--Notwithstanding clauses (ii) and (iii) 
                        of subparagraph (A), the Administrator may set 
                        an alternate time frame for providing notices 
                        under this subparagraph if the Administrator 
                        determines that such alternate time frame is 
                        appropriate and the Administrator is able, 
                        within such alternate time frame, to administer 
                        notice activities in accordance with the PIC 
                        Convention and comply with the POPs Convention.
                            ``(ii) Mandatory review of statutory time 
                        frames and processes.--Not later than 18 months 
                        after entry into force for the United States of 
                        the PIC Convention, and not later than 18 
                        months after entry into force for the United 
                        States of the POPs Convention, the 
                        Administrator shall review the statutory time 
                        frames for receipt of pre-export notices under 
                        this subparagraph and the Administrator's 
                        processing of such notices. In such review, the 
                        Administrator, with the concurrence of the 
                        Secretary of State, shall consider whether 
                        amendments to the time frames and modifications 
                        to the processes would be appropriate to 
                        administer notice activities in accordance with 
                        the PIC Convention and to comply with the POPs 
                        Convention.
                    ``(C) Content of pre-export notices.--
                            ``(i) Notices for banned or severely 
                        restricted chemical substance or mixture.--A 
                        notice under subparagraph (A)(ii) with respect 
                        to a chemical substance or mixture that is 
                        banned or severely restricted shall include for 
                        each export anticipated during that calendar 
                        year--
                                    ``(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) information relating to the 
                                foreseen uses of the chemical substance 
                                or mixture, if known, in the importing 
                                foreign state;
                                    ``(VIII) information on 
                                precautionary measures, consistent with 
                                the ban or severe restriction 
                                applicable to the United States under 
                                the PIC Convention, to reduce exposure 
                                to, and emission of, the chemical 
                                substance or mixture;
                                    ``(IX) information relating to the 
                                concentration of the chemical substance 
                                or mixture; and
                                    ``(X) any other information that 
                                the Administrator determines, in a 
                                general order published in the Federal 
                                Register, is required by Annex V of the 
                                PIC Convention to be included in such a 
                                notice.
                            ``(ii) Notices for chemical substances or 
                        mixtures listed on annex iii of the pic 
                        convention.--A notice under subparagraph 
                        (A)(ii) with respect to a chemical substance or 
                        mixture listed on Annex III of the PIC 
                        Convention shall include for each export 
                        anticipated during that calendar year--
                                    ``(I) all of the information 
                                required to be included under clause 
                                (i);
                                    ``(II) any information relating to 
                                export conditions or restrictions 
                                identified by the Administrator in the 
                                notice issued under paragraph (4)(C) 
                                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 by general 
                                order published in the Federal Register 
                                to be necessary for effective 
                                enforcement of the export conditions or 
                                restrictions applicable to the chemical 
                                substance or mixture.
                            ``(iii) Notices for chemical substance or 
                        mixture the export of which is not prohibited 
                        under the pops convention.--A notice submitted 
                        to the Administrator under subparagraph 
                        (A)(iii) shall include--
                                    ``(I) the name and address of the 
                                exporter;
                                    ``(II) the name and address of the 
                                importer;
                                    ``(III) a name of the POPs chemical 
                                substance or mixture;
                                    ``(IV) a general description of how 
                                the export is in accordance with the 
                                provisions related to export in section 
                                503(f)(6) or (7); and
                                    ``(V) such other information as the 
                                Administrator determines by general 
                                order published in the Federal Register 
                                to be necessary for enforcement of the 
                                export-related obligations of the POPs 
                                Convention applicable to the United 
                                States for that chemical substance or 
                                mixture.
                    ``(D) Pre-export notices accompanying each 
                export.--An exporter shall ensure that a copy of the 
                most recent applicable pre-export notice provided to 
                the Administrator under this subsection accompanies 
                each shipment for export and is available for 
                inspection upon export for--
                            ``(i) any chemical substance or mixture 
                        that the Administrator has identified under 
                        paragraph (4)(C) as being listed on Annex III 
                        of the PIC Convention; or
                            ``(ii) any POPs chemical substance or 
                        mixture that is exported.
                    ``(E) Retention of pre-export notices.--An exporter 
                required to provide a notice under subparagraph (A) 
                shall maintain a copy of the notice and other documents 
                used to generate the notice and have it readily 
                available for a period of no less than 3 years 
                beginning on the date on which the notice is provided.
            ``(3) Labeling and document requirements.--
                    ``(A) In general.--In the case of any chemical 
                substance or mixture that is the subject of a notice 
                issued under subparagraph (A) or (C) of paragraph (4) 
                and that is manufactured, processed, or distributed in 
                commerce, the chemical substance or mixture shall, as 
                required by the PIC Convention--
                            ``(i) bear labeling information relating to 
                        risks or hazards to human health or the 
                        environment; and
                            ``(ii) be accompanied by shipping documents 
                        that include any relevant safety data sheets on 
                        the chemical substance or mixture.
                    ``(B) Custom codes.--A chemical substance or 
                mixture that is the subject of a notice issued under 
                paragraph (4)(C) 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.
            ``(4) Notice requirements and exemption.--
                    ``(A) Determination whether chemical substance or 
                mixture is banned or severely restricted.--
                            ``(i) 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).
                            ``(ii) 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 clause (i) 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.
                    ``(B) Notice to foreign countries.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, with respect to a 
                        chemical substance or mixture that is banned or 
                        severely restricted under paragraph (2)(A)(ii), 
                        the Administrator shall provide to the 
                        designated authority of the importing foreign 
                        state a copy of the preexport notice it 
                        determines represents the first export to the 
                        importing foreign state after a determination 
                        under subparagraph (A) that the chemical 
                        substance or mixture is banned or severely 
                        restricted and, thereafter, the preexport 
                        notice it determines represents the first 
                        export in each calendar year to the importing 
                        foreign state.
                            ``(ii) 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.
                    ``(C) Notice to public.--
                            ``(i) 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 the conditions 
                                and restrictions applicable thereto; 
                                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.
                            ``(ii) Timing.--A notice required under 
                        clause (i) shall be issued not later than 90 
                        days after, and any conditions or restrictions 
                        described in clause (i)(II) shall take effect 
                        not later than 180 days after, the date of 
                        receipt of a notice, from the Secretariat of 
                        the PIC Convention, that--
                                    ``(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.
                            ``(iii) Treatment of conditions and 
                        restrictions.--A condition or restriction 
                        identified by a notice required under clause 
                        (i) shall be considered to be an export 
                        condition or restriction for the purpose of 
                        paragraph (1).
                    ``(D) Notice of exemption.--The Administrator may 
                issue a notice exempting any chemical substance or 
                mixture from the requirements of paragraphs (1) through 
                (3), and subparagraph (B) of this paragraph, if the 
                Administrator determines, with the concurrence of the 
                Secretary of State, that the exemption would be 
                consistent with the PIC Convention or the POPs 
                Convention.
            ``(5) Consolidation of notices.--With respect to any pre-
        export notice requirement under this subsection, the 
        Administrator shall allow any such requirement, and any pre-
        export notice requirement in other provisions of this Act, to 
        be satisfied by a single notice.
            ``(6) Trace concentrations.--The Administrator shall allow 
        the export of trace concentrations of otherwise restricted or 
        banned chemicals without notification if the Administrator 
        finds that the export of such concentrations without 
        notification does not pose a significant threat to human health 
        or the environment and is not inconsistent with the PIC 
        Convention, the POPs Convention, and the LRTAP POPs 
        Protocol.''.

SEC. 6. CONFORMING AMENDMENTS.

    (a) The table of contents in section 1 of the Toxic Substances 
Control Act is amended by adding at the end the following:

         ``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

``Sec. 501. Definitions.
``Sec. 502. Implementation of POPs Convention and LRTAP POPs Protocol.
``Sec. 503. Notice, information, rulemaking, and exemptions.
``Sec. 504. Amendments and consultation.
``Sec. 505. International cooperation and notice of meetings.
``Sec. 506. Effect of requirements.
``Sec. 507. Rules of construction.''.
    (b) 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 title V''.
    (c) Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) 
is amended--
            (1) in paragraph (1), by inserting ``or any requirement 
        prescribed under title V or rule or order promulgated or issued 
        under title V'' after ``under title II''; and
            (2) in paragraph (2), by inserting ``, or any requirement 
        prescribed under title V or rule or order promulgated or issued 
        under title V'' after ``under section 5 or 7''.
    (d) Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) 
is amended--
            (1) in subsection (a)(1)--
                    (A) 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);'';
                    (B) in subparagraphs (A) and (C), by striking the 
                comma at the end and inserting a semicolon; and
                    (C) 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
            (2) in the first sentence of subsection (b), by inserting 
        ``or V'' after ``title IV''.
    (e) Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) 
is amended--
            (1) by amending subsection (a)(2)(B) to read as follows:
            ``(B) if--
                    ``(i) the Administrator prescribes a rule or order 
                under section 5 or 6 (other than a rule imposing a 
                requirement described in subsection (a)(6) of section 
                6) which is applicable to a chemical substance or 
                mixture, and which is designed to protect against a 
                risk of injury to health or the environment associated 
                with such substance or mixture; or
                    ``(ii) the United States has consented to be bound 
                under the POPs Convention or LRTAP POPs Protocol with 
                respect to a POPs chemical substance or mixture or 
                LRTAP POPs chemical substance or mixture (as defined in 
                section 501),
        no State or political subdivision of a State may, after the 
        effective date of such rule or order or consent, establish or 
        continue in effect any requirement, which is applicable to such 
        substance or mixture, or an article containing such substance 
        or mixture, and which is designed to protect against a risk of 
        injury to health or the environment associated with such 
        substance or mixture that the rule, order, or consent is 
        designed to protect against, unless such requirement is 
        identical to the requirement prescribed by the Administrator, 
        is adopted under the authority of the Clean Air Act or any 
        other Federal law, or prohibits the use of such substance or 
        mixture in such State or political subdivision (other than its 
        use in the manufacture or processing of other substances or 
        mixtures).''; and
            (2) by adding at the end the following new subsection:
    ``(c) Savings.--Nothing in this section shall be construed to 
authorize a State to act in a manner that causes the United States to 
be out of compliance with its obligations under the POPs Convention or 
LRTAP POPs Protocol. For purposes of this section, the terms `POPs 
Convention' and `LRTAP POPs Protocol' have the meaning given those 
terms in section 501.''.
                                                 Union Calendar No. 426

109th CONGRESS

  2d Session

                               H. R. 4591

                          [Report No. 109-714]

_______________________________________________________________________

                                 A BILL

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.

_______________________________________________________________________

                           November 15, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed