[Congressional Record Volume 149, Number 114 (Tuesday, July 29, 2003)]
[Senate]
[Pages S10151-S10152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CHAFEE (for himself and Mr. Jeffords):
  S. 1486. 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; to the Committee on Environment and 
Public Works.
  Mr. CHAFEE. Mr. President, today I introduce the POPs, LRTAP POPs, 
and PIC Implementation Act of 2003, along with Senator Jeffords. This 
legislation implements the Stockholm Convention on Persistent Organic 
Pollutants (POPs), the Convention on Long-range Transboundary Air 
Pollution (LRTAP POPs), and the Rotterdam Convention on Prior Informed 
Consent Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade (PIC). With advice and consent by the Senate and 
with passage of this legislation, the United States will appropriately 
become an active participant in these important international 
agreements.
  Persistent organic pollutants (POPs) are highly toxic and cause 
adverse health effects, including cancer, reproductive disorders, and 
immune system disruptions. POPs may not break down for years or 
decades, can travel long distances through air and water, and are known 
to bioaccumulate in living organisms. PCBs, DDT, and dioxin are 
examples of POPs. The Stockholm Convention on Persistent Organic 
Pollutants seeks to globally eliminate or severely restrict the 
production and use of 12 of the most dangerous pesticides and 
industrial chemicals, ensure the environmentally sound management of 
POPs waste, and prevent the emergence of new chemicals with POPs-like 
characteristics. To date, there are 151 signatories and 33 Parties to 
the Convention.
  The legislation we are introducing today implements the key provision 
of the POPs Convention which allows additional chemicals to be added to 
the Convention. The bill amends the Toxic Substances Control Act to 
create a process by which the Administrator of the Environmental 
Protection Agency would consider regulating a newly listed chemical to 
the POPs Convention or to the LRTAP POPs Protocol. Beginning 1 year 
after a chemical is added by the international body, any person may 
petition the Administrator to commence a rulemaking if one has not been 
commenced. Providing mechanism to include additional chemicals at a 
future date, with opportunities for public involvement, ensures that 
the United States will fully implement the POPs Convention.
  This bill includes two titles: the first title amends the Toxic 
Substances Control Act (TSCA) and the second title amends the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Senator Jeffords 
and I have worked exclusively to forge a compromise on the first title 
amending TSCA. The second title amending FIFRA will be considered by 
the Committee on Agriculture, Nutrition, and Forestry. The language in 
this bill amending FIFRA is intended to serve as a place holder until 
the Committee on Agriculture, Nutrition, and Forestry has the 
opportunity to consider that title. It does not represent a compromise 
on that title.
  I believe that this adding mechanism includes appropriate checks and 
balances, and requires the Environmental Protection Agency to balance 
the relevant factors when determining how to regulate a newly-listed 
chemical. While

[[Page S10152]]

different parties would craft these provisions differently if starting 
with a clean slate, I believe that this legislation represents a solid 
compromise that will allow the United States to fulfill its obligations 
when Governor Whitman signed the POPs treaty, and will engage the 
United States as a leading member of the international community 
regarding toxic substances.
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