[Senate Report 108-256]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 481
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-256

======================================================================



 
               POPS, LRTAP POPS, AND PIC IMPLEMENTATION 
                              ACT OF 2003

                                _______
                                

                 April 29, 2004.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 1486]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 1486) to amend the Toxic Substances Control 
Act and the Federal Insecticide, Fungicide, and Rodenticide Act 
to implement the Stockholm Convention on Persistent Organic 
Pollutants, the Protocol on Persistent Organic Pollutants to 
the Convention on Long-Range Transboundary Air Pollution, and 
the Rotterdam Convention on the Prior Informed Consent 
Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                    General Statement and Background

    Advances in chemical synthesis and production have been 
responsible for many important benefits currently enjoyed by 
modern society. However, improved scientific understanding has 
made clear that the continued production and use of certain 
chemicals and pesticides with particular traits pose inherent 
risks for human health and the environment. The chemicals of 
global concern addressed by these three International 
Agreements are often referred to as persistent organic 
pollutants (POPs). These chemicals share four basic 
characteristics that cause them to adversely affect human 
health and the environment: (1) they are toxic in very small 
quantities; (2) they persist in the environment for long 
periods of time; (3) they circulate globally through the 
atmosphere and oceans to regions far from their point of 
origin; and (4) they biomagnify as they move up through the 
food chain, accumulating in the fatty tissues of higher 
organisms.
    There is evidence of continuing transboundary deposition of 
POPs far from their sources. This Convention will reduce or 
eliminate certain POPs that continue to be released outside the 
United States and which pose a potential threat to U.S. public 
health and the environment.
    The United States has already taken substantial action to 
address the risks associated with those POPs currently covered 
by the Convention.
    The Stockholm Convention on Persistent Organic Pollutants, 
which the United States signed on May 23, 2001 along with 90 
other nations, commits Parties to take significant steps, 
similar to those already taken by the United States, to 
eliminate or restrict the production, use and/or release of 
specified POPs. It identifies 12 chemicals, often referred to 
as the ``dirty dozen.'' Several of these are intentionally 
produced for use either as pesticides or industrial chemicals 
(e.g., DDT); some are produced and released as incidental 
byproducts of other processes (e.g., dioxins). Under the 
Convention, all of the intentionally produced POPs except DDT 
are slated for elimination of production and use. In 
recognition of the humanitarian need to use DDT for disease 
vector control, notably to fight malaria, the Convention allows 
an exemption for this purpose, while encouraging the 
development of effective and economically viable alternatives. 
The Convention also obligates Parties to develop action plans 
to address the release of byproduct POPs and to use best 
available techniques to reduce emissions from certain new 
sources of such POPs. It also imposes controls on the handling 
of POPs wastes and on trade in POPs chemicals. Additionally, it 
includes a science-based procedure to add new chemicals that 
meet defined criteria to the lists of POPs subject to the 
Convention.
    The Convention does not differentiate in its basic 
obligations between developing and developed countries. The 
Convention does establish a flexible framework to provide 
technical and financial assistance to help developing countries 
implement their commitments. The Convention will enter into 
force on May 17, 2004.
    The LRTAP POPs Protocol is one of eight protocols to the 
1979 Convention on Long-range Transboundary Air Pollution 
(LRTAP). Thirty-six members of the United Nations Economic 
Commission for Europe--Northern, developed countries, including 
the United States--have signed the Protocol, and 15 have 
ratified it. The Protocol is a regional agreement seeking to 
reduce the use and proliferation of 16 POPs--eleven pesticides, 
two industrial chemicals and three by-products/contaminants. As 
a precursor to the global POPs Convention, the LRTAP POPs 
Protocol set the tone for developed countries to lead the way 
in reducing POPs. It bans the production and use of some POPs 
outright, while scheduling others for elimination at a later 
date. In the United States, the LRTAP POPs Protocol has the 
legal status of an executive agreement. The United States 
signed the Protocol on June 24, 1998, but has not ratified it. 
The Protocol entered into force on October 23, 2003.
    The Rotterdam Convention on Prior Informed Consent 
Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade acts as a clearinghouse mechanism to help 
participating countries: (1) learn more about the 
characteristics of potentially hazardous chemicals that may be 
imported; (2) initiate a decisionmaking process on the future 
import of these chemicals; (3) exclude chemicals that cannot be 
managed safely; and (4) facilitate the dissemination of these 
decisions to other countries. If a country agrees to import 
chemicals, the Convention promotes their safe use through 
labeling standards and technical assistance. The PIC Convention 
also mandates that exporters obtain informed consent before 
exporting listed chemicals and comply with specific labeling 
requirements. The PIC Convention currently covers 31 
chemicals--21 pesticides, five severely hazardous pesticide 
formulations and five industrial chemicals--but it is expected 
that many more chemicals will be added as the provisions of the 
Convention are implemented. The United States signed the treaty 
on September 11, 1998, but has not ratified it. The Rotterdam 
Convention entered into force on February 24, 2004.

                     Objectives of the Legislation

    S. 1486 was crafted to allow for the implementation of 
three related international agreements regarding chemicals. 
Enactment of this legislation is necessary for the United 
States to become a party to the Stockholm Convention on 
Persistent Organic Pollutants, the LRTAP POPs Protocol, and the 
Rotterdam Convention on Prior Informed Consent Procedure for 
Certain Hazardous Chemicals and Pesticides in International 
Trade.
    The legislation:
          provides a framework for the Administrator of 
        the Environmental Protection Agency to take regulatory 
        action regarding listed chemical substances or mixtures 
        under the Stockholm Convention or the LRTAP POPs 
        Protocol;
          provides for a citizens' petition process to 
        allow for public input and judicial review if the 
        Administrator does not initiate a rulemaking with 
        respect to a chemical substance or mixture listed under 
        the Stockholm Convention or the LRTAP POPs Protocol;
          provides unambiguous authority to prevent 
        production of all POPs chemicals for export;
          streamlines the certification requirements 
        for export of chemicals under the PIC Convention.

                      Section-by-Section Analysis

Section 1. Short Title
    Sets forth the short tile of the bill as the ``POPs, LRTAP 
POPs, and PIC Implementation Act of 2003.''
Sec. 101. Implementation of International Agreements

                                SUMMARY

    Section 101 adds a new Title V, entitled Implementation of 
International Agreements, to the Toxic Substances Control Act 
which would govern the process used in the United States with 
respect to chemicals that are being considered for listing, or 
have been listed, on an annex to the Stockholm Convention or 
the LRTAP POPs Protocol.

                               DISCUSSION

    New section 501 defines key terms used in the POPs 
Convention, LRTAP POPs Protocol, and PIC Convention. In 
particular, a POPs chemical substance or mixture means aldrin, 
chlordane, DDT, dieldrin, endrin, heptachlor, 
hexachlorobenzene, mirex, PCBs, toxaphene, and any other 
chemical substance or mixture listed in Annex A or B to the 
POPs Convention, and with respect to which an amendment adding 
it has entered into force for the United States. A LRTAP POPs 
chemical substance or mixture means any chemical substance or 
mixture listed in Annex I or II to the LRTAP POPs Protocol.
    New section 502 is entitled ``Implementation of POPs 
Convention and LRTAP POPs Protocol.'' Subject to certain 
exemptions, this section prohibits the manufacture, processing, 
distribution in commerce for export, use, or disposal of the 
chemical substances or mixtures currently covered by or 
subsequently added to the POPs Convention and the LRTAP POPs 
Protocol. The exemptions to the prohibitions are intended to 
mirror the provisions of the two treaties. In addition, for 
POPs substances or mixtures, there are exemptions allowing for 
export and import consistent with the Convention (the LRTAP 
POPs Protocol does not restrict import or export of listed 
chemical substances or mixtures).
    Notice and information collection provisions established in 
this section require the submission of information to the 
Administrator regarding a chemical substance or mixture 
proposed for listing under the POPs Convention and the LRTAP 
POPs Protocol. The notice and comment periods correspond with 
specific steps in the international process that evaluates 
proposals for the listing of additional chemical substances or 
mixtures.
    For POPs, if the Persistent Organic Pollutants Review 
Committee (POPRC) determines that a proposal for listing meets 
Annex D screening criteria, the Administrator shall publish a 
notice in the Federal Register within 45 days of the decision. 
Within 60 days of publication, any person that manufactures, 
processes, distributes in commerce for export, or disposes of 
the covered chemical substance or mixture must submit the 
following information: annual quantity manufactured and 
locations; uses; annual quantity entering each environmental 
medium; and other information consistent with the Convention. 
Information updates are voluntary, unless the Administrator 
determines that an update is necessary.
    Upon a decision by the POPRC that, on the basis of a risk 
profile, a proposal for listing a chemical substance or mixture 
shall proceed, the Administrator shall publish a second notice 
in the Federal Register within 45 days of the decision. Within 
60 days of publication, covered persons must submit information 
consistent with the provisions in Annex F of the Convention, 
among other things. If the POPRC recommends that the Conference 
of the Parties (COP) consider listing the chemical substance or 
mixture, the Administrator shall publish a third notice within 
45 days of the recommendation.
    Similar LRTAP POPs provisions require the Administrator to 
publish notice and a request for information within 45 days of 
a submission of a risk profile to the Executive Body of the 
LRTAP POPs Protocol in support of a proposal to list a chemical 
substance or mixture on one of the LRTAP POPs Annexes. Within 
60 days, the following information must be submitted: potential 
for long-range transboundary atmospheric transport; toxicity; 
persistence; bioaccumulation; annual quantity manufactured and 
locations; uses; annual quantity entering each environmental 
medium; environmental monitoring data; alternatives and their 
efficacy; known adverse environmental or human health effects 
associated with alternatives; process changes, control 
technologies, operating practices and other pollution 
prevention techniques that can be used to reduce emissions of 
the chemical substance or mixture, and their applicability and 
effectiveness; and non-monetary costs and benefits and the 
quantifiable costs and benefits associated with the use of 
identified alternatives and/or techniques. Information updates 
are voluntary, unless the Administrator determines that an 
update is necessary. Upon a decision by the Executive Body that 
further consideration of a chemical substance or mixture is 
warranted, the Administrator shall publish a second notice in 
the Federal Register within 45 days of the decision. Within 60 
days of publication, covered persons must submit information 
consistent with the requirements for the technical review under 
the Protocol.
    For POPs and LRTAP POPs, the Administrator, based on the 
information received from the notice and comment periods, shall 
submit to the Secretary of State a report on the production and 
uses in the United States of the chemical substance or mixture 
and an assessment of benefits and risks, and a second report on 
the feasibility of possible prohibitions or restrictions that 
could be placed on the manufacture, processing, distribution in 
commerce for export, use, or disposal of the chemical substance 
or mixture.
    If the COP to the POPs Convention or parties to the LRTAP 
POPs Protocol adopts an amendment to list a chemical substance 
or mixture in Annex A or B to the POPs Convention or Annex I or 
II to the LRTAP POPs Protocol, the Administrator may, at the 
Administrator's discretion, commence a rulemaking to prohibit 
or restrict any manufacture, processing, distribution in 
commerce for export, use, or disposal of the chemical substance 
or mixture. If the Administrator decides to commence a 
rulemaking, the Administrator shall promulgate prohibitions or 
restrictions to protect against hazards, including exposure, to 
human health and the environment associated with the chemical 
substance or mixture. In determining the appropriate manner of 
regulation, the Administrator shall take into account public 
health, environmental, and socioeconomic factors and shall 
consider the record compiled under the notice and comment 
periods, the national and international consequences of 
regulatory action alternatives to the adopted prohibitions or 
restrictions, and all scientific information that is compiled 
through the notice and comment periods, or submitted to the 
POPRC or LRTAP Executive Body, taking due account of the 
scientific information that is consistent with generally 
accepted scientific principles. Furthermore, in the case of a 
chemical substance or mixture listed on Annex A or B of the 
POPs Convention or Annex I or II of the LRTAP POPs Protocol, 
the Administrator shall give substantial weight to the POPRC 
recommendation or technical review, a listing decision by the 
COP or under the LRTAP POPs Protocol, the reports that the 
Administrator is required to issue, and any information that 
the United States submits to the POPRC, COP, or LRTAP Executive 
Body.
    Beginning 1 year after a listing decision by the COP or 
under LRTAP POPs Protocol, any person may petition the 
Administrator to commence a rulemaking if one has not 
commenced. Within 90 days of the date of filing the 
Administrator shall grant or deny the petition. If the 
Administrator grants the petition, the Administrator shall 
commence a rulemaking; if the Administrator denies the 
petition, the Administrator shall publish the reasons for 
denial in the Federal Register. If the Administrator denies a 
petition or fails to render a decision within the 90-day 
period, the petitioner may bring a civil action within 60 days 
in the U.S. District Court to compel the Administrator to 
commence a rulemaking. The court shall consider the petition de 
novo, using the same criteria used by the Administrator. The 
court shall order the Administrator to commence a rulemaking if 
the court determines that regulatory action is necessary to 
protect against hazards, including exposure, to human health 
and the environment associated with the chemical substance or 
mixture, and the Administrator has not taken action.
    Within 18 months of commencing a rulemaking the 
Administrator shall promulgate final regulations or decide not 
to promulgate a final rule and publish his reasoning in the 
Federal Register within 30 days. If the Administrator has not 
commenced a rulemaking within 1 year of a listing decision by 
the COP or under the LRTAP POPs Protocol, the Administrator 
shall publish annually in the Federal Register a summary of the 
actions taken with respect to the listing decision or likely to 
be taken with respect to commencing a rulemaking. Nothing in 
this section affects the Administrator's authority under other 
laws.
    New section 503 creates a section entitled, ``Notice and 
Record of Prohibitions, Exemptions, Disallowances, and Other 
Information.'' The Administrator shall publish in the Federal 
Register notice regarding the POPs/LRTAP POPs chemical 
substances or mixtures subject to prohibitions, or any 
exemptions from the prohibitions, including any disallowances 
for any exemptions.
    New section 504 is based on FIFRA section 17(d). The 
Administrator shall, in cooperation with the Department of 
State and any other appropriate Federal agency, participate and 
cooperate in any international efforts to develop improved 
research and regulations on chemical substances and mixtures, 
and participate in technical cooperation and capacity building 
activities designed to support implementation of the LRTAP POPs 
Protocol, the PIC Convention, and the POPs Convention.
    New section 505 implements the PIC Convention and Article 
3, paragraph 2(b) of the POPs Convention. Current TSCA section 
12(a) exempts certain chemical substances or mixtures 
manufactured, processed, or distributed in commerce for export 
from most provisions of TSCA. The amendment would exempt from 
that general exemption any chemical substance or mixture for 
which manufacture, processing, distribution in commerce for 
export, use, or disposal is prohibited or restricted under the 
POPs and LRTAP POPs provisions.
    The exporter of any chemical substance or mixture that is 
listed under the PIC Convention shall comply with any export 
conditions or restrictions identified by the Administrator. The 
exporter shall provide the Administrator with a notice of 
intent to export. The timing of the notices and other 
information requirements vary depending on the classification 
of the chemical substance or mixture. Covered chemicals 
substances or mixtures shall, in accordance with the PIC 
Convention, bear labeling information relating to the risks or 
hazards to human health or the environment and be accompanied 
by shipping documents that include relevant safety data. Where 
applicable, shipping documents must also bear appropriate 
harmonized system customs codes assigned by the World Customs 
Organization.
    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 U.S and shall issue 
to the Secretariat of the PIC Convention and the public a 
notice of each determination. On receipt of a notice of intent 
to export, the Administrator shall provide a copy to the 
designated national authority of the importing foreign state. 
The Administrator, with the concurrence of the Secretary of 
State, shall issue a notice informing the public of any listing 
on Annex III of the PIC Convention and any condition or 
restriction of an importing foreign state that is applicable to 
the import. The Administrator may issue a notice exempting any 
chemical substance or mixture from the export notice and 
labeling requirements if the Administrator determines, with the 
concurrence of the Secretary of State, that the exemption would 
be consistent with the PIC Convention.
    New section 506 defines the rulemaking record, which 
includes, among other things, any determination by the 
Administrator in response to a decision by the COP or the 
Parties to the LRTAP POPs Protocol to list a chemical substance 
or mixture, written submissions/comments by interested parties 
relating to a proposed regulation, and the international 
listing process and decision. This section also outlines 
procedural requirements relating to judicial review.
    This legislation anticipates the addition of chemicals to 
the POPs Convention or the LRTAP POPs Protocol in the future. 
The POPs Protocol anticipates continued use of some listed 
chemical substances and mixtures through the mechanism of Annex 
B. Where there is no equally effective substitute for a 
chemical substance in a critical use (i.e., preventing disease, 
promoting safety), the parties may adopt an Annex B listing and 
identify the only permissible uses (restricted use) for a 
chemical substance. The Protocol contains provisions requiring 
parties that register for restricted uses to take actions that 
will minimize human exposure to chemicals listed under Annex B 
during the production, use and disposal of these substances.
    Although the United States does not currently produce or 
use any Annex B chemical for a restricted purpose, some 
chemical substances under consideration in other international 
forums that may be recommended for future listings under the 
POPs Protocol have essential uses that have been recognized by 
the Environmental Protection Agency in U.S. regulatory actions. 
For instance, in a proposed significant new use rule (SNUR) for 
perfluoroalkyl sulfonates (PFOS) published in the Federal 
Register on March 11, 2002 (67 FR 11014), the Environmental 
Protection Agency excluded from the SNUR the use of these 
substances in aviation hydraulic fluids in recognition of their 
critical importance to public safety, the absence of any known 
substitutes at this date and the long lead times required to 
develop and test substitutes for this sensitive application. 
The volume of PFOS chemicals used in aviation hydraulic fluids 
worldwide is small and results in little human exposure. It is 
expected that the mission-critical use of PFOS chemicals in 
aviation hydraulic fluids would be recognized as a permissible 
use under Annex B, if PFOS chemicals are considered for listing 
under the POPS Protocol in the future.
    In addition, this legislation acknowledges that the 
mechanism envisioned by the treaty to evaluate candidate 
chemicals for inclusion on the list of banned chemicals is a 
screening protocol that evaluates each substance for 
persistence, bioaccumulation and toxicity. The screening 
mechanism is a valid way to identify those substances in a 
hierarchy of potential risk. As such, the screening mechanism 
should be tempered with informed technical judgment so as to 
focus resources on those chemicals that present the highest 
realistic threat to human health. For example, though pigments, 
by their nature, would score high on the persistence scale, 
they do not score high when evaluated for bioaccumulation and 
toxicity. Pigments are well known to be nearly insoluble in 
both water and oil and thereby present little or no risk to 
human health. It is expected that this process will have as its 
primary focus chemical substances and mixtures that pose the 
greatest risks to human health and the environment.
Sec. 102. Exports

                                SUMMARY

    This section amends section 12(a)(1) of TSCA to prevent 
chemical substances, mixtures, or articles from being exported 
if their use is prohibited domestically.

                               DISCUSSION

    Section 12(a)(1) of TSCA currently allows for the 
manufacture, processing, or distribution in commerce of a 
substance, mixture, or article if it was intended for export. 
Section 102 amends section 12 to eliminate the ability to 
manufacture for export certain substances after use of that 
substance was precluded in the United States.
Sec. 103. Prohibited Acts

                                SUMMARY

    TSCA's enforcement provisions are applicable to the 
sections implementing the POPs Convention, LRTAP POPs Protocol, 
and PIC Convention.

                               DISCUSSION

    Under this section, it is unlawful for any person to fail 
or refuse to comply with: any rule issued under section 4 
(testing of chemical substances and mixtures); any requirement 
prescribed by or any rule promulgated, or order issued under 
section 5 (manufacturing or processing notices) or section 6 
(regulation of hazardous chemical substances and mixtures); any 
requirement of or any rule promulgated, or order issued under 
title II (asbestos hazard emergency response); or any 
requirement of or any rule promulgated under title V 
(implementation of international agreements). It would also be 
unlawful for any person to use for commercial purposes a 
chemical substance or mixture that the person knew or had 
reason to know was manufactured, processed, or distributed in 
commerce for export in violation of section 5 or 6; a rule 
promulgated or order issued under section 5 or 6; an order 
issued in a civil action brought under section 5 or 7 (imminent 
hazards); title V or a rule promulgated under title V. The 
section would also make it unlawful for any person to fail or 
refuse to establish or maintain records, submit reports, 
notices or other information, or permit access to or copying of 
records as required by the Act (including regulations 
promulgated under this Act); or fail or refuse to permit entry 
or inspection as required under section 11 (inspections and 
subpoenas).
Sec. 104. Conforming Amendments
    This section makes conforming and technical amendments to 
the Toxic Substances Control Act.

                          Legislative History

    On July 29, 2003, Senators Chafee and Jeffords introduced 
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.
    S. 1486, as amended, was reported by the Committee on 
Environment and Public Works on July 30, 2003.

                                Hearings

    There were no hearings on S. 1486 in the 108th Congress. In 
the 107th Congress, the Committee on Environment and Public 
Works conducted a hearing on May 14, 2002, on the Persistent 
Organic Pollutants (POPs) Implementation Act of 2002 (S. 2118) 
and the proposed legislation by the Bush Administration (S. 
2507). The committee received testimony from Mr. Jeffry 
Burnham, Deputy Assistant Secretary for Environment, U.S. 
Department of State, Washington, DC; Mr. Stephen Johnson, 
Assistant Administrator for Prevention, Pesticides, and Toxic 
Substances, U.S. Environmental Protection Agency, Washington, 
DC; Mr. Warren Muir, Executive Director, Commission on Life 
Sciences, and Executive Director, Board on Agriculture and 
Natural Resources, National Research Council, Washington, DC 
(delivering statement of Mr. Bruce Alberts, President, National 
Academy of Sciences); Mr. John Buccini, Chair, 
Intergovernmental Negotiating Committee on POPs, Ottawa, 
Ontario, Canada; Mr. Brooks Yeager, President, Global Threats 
Program, World Wildlife Fund, Washington, DC; Mr. Michael 
Walls, Senior Counsel, American Chemistry Council, Arlington, 
VA; and Ms. Karen Perry, Deputy Director, Environment and 
Health Program, Physicians for Social Responsibility, 
Washington, DC.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 1486 on July 30, 2003. The committee favorably 
reported the bill by voice vote.

                      Regulatory Impact Statement

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication of the report of the committee's 
estimate of the regulatory impact made by the bill as reported. 
No regulatory impact is expected by the passage of S. 1486. The 
bill will not affect the personal privacy of others.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(P.L. 104-4), the committee finds that the bill would impose no 
Federal intergovernmental unfunded mandates on State, local, or 
tribal governments. The bill includes reporting requirements 
for entities that manufacture, process, distribute in commerce 
for export, use, or dispose of POPs or LRTAP POPs. This bill 
also includes labeling and informed consent requirements for 
industry under the PIC Convention.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 10, 2003.

Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1486, the POPs, 
LRTAP POPs, and PIC Implementation Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman, who can be reached at 226-2860.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

S. 1486, the POPs, LRTAP POPs, and PIC Implementation Act of 2003, as 
        ordered reported by the Senate Committee on Environment and 
        Public Works on July 30, 2003
    S. 1486 would authorize the Environmental Protection Agency 
(EPA) to implement three international environmental 
agreements: the Stockholm Convention on Persistent Organic 
Pollutants (POPs), the Protocol to the 1979 Convention on Long-
Range Transboundary Air Pollution (LRTAP) for POPs, and the 
Rotterdam Convention on the Prior Informed Consent (PIC) 
Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade. Those agreements are intended to help 
protect environmental and human health by eliminating or 
restricting the use of certain chemicals and to provide a means 
for participating countries to obtain and disseminate 
information about chemicals that may be imported and exported.
    CBO estimates that implementing S. 1486 would cost $5 
million over the next 5 years, assuming appropriation of the 
necessary amounts. Such funding would be required to support 
additional personnel costs and contractor costs that would be 
incurred by EPA under this legislation. Enacting S. 1486 could 
affect direct spending and receipts because the bill would 
provide for civil and criminal penalties against persons who 
fail to comply with the bill's requirements. CBO estimates that 
any such increase in civil and criminal penalties would not be 
significant.
    While EPA currently regulates many of the chemicals that 
would be affected by these agreements, implementing this 
legislation would result in some new responsibilities for EPA. 
Specifically, EPA would be required to participate in the 
international process for determining whether additional 
chemicals should be prohibited or restricted from use under the 
agreements. According to EPA, such a review process would take 
five or more years per chemical, and initially a few chemicals 
would be under consideration. EPA's duties would include 
issuing public notices following decisions by the committees 
established under the agreements, issuing reports on the 
benefits and risks associated with the use of certain 
chemicals, and promulgating rules. Based on information from 
EPA, CBO estimates that such activities would cost about $1 
million annually, subject to the availability of appropriated 
funds.
    Section 4 of the Unfunded Mandates Reform Act UMRA excludes 
from the application of that act any legislative provisions 
that are necessary for the ratification or implementation of 
international treaty obligations. CBO has determined that 
because S. 1486 would implement three environmental treaties, 
it falls within that exclusion. CBO has thus not reviewed the 
bill for the presence of mandates.
    The CBO staff contact for this estimate is Susanne S. 
Mehlman. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

                    TOXIC SUBSTANCES CONTROL ACT \1\

                  TITLE I--CONTROL OF TOXIC SUBSTANCES

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

      This Act may be cited as the ``Toxic Substances Control 
Act''.
---------------------------------------------------------------------------
    \1\ The Toxic Substances Control Act (15 U.S.C. 2601-2692) consists 
of Public Law 94-469 (Oct. 11, 1976; 90 Stat. 2003) and the amendments 
made by subsequent enactments.

           *       *       *       *       *       *       *

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SEC. 11. INSPECTIONS AND SUBPOENAS.

      (a) In General.--For purposes of administering this Act, 
the Administrator, and any duly designated representative of 
the Administrator, may inspect any establishment, facility, or 
other premises in which chemical substances, mixtures, or 
products subject to [title IV] title IV or V are manufactured, 
processed, stored, or held before or after their distribution 
in commerce and any conveyance being used to transport chemical 
substances, mixtures, such products, or such articles in 
connection with distribution in commerce. Such an inspection 
may only be made upon the presentation of appropriate 
credentials and of a written notice to the owner, operator, or 
agent in charge of the premises or conveyance to be inspected. 
A separate notice shall be given for each such inspection, but 
a notice shall not be required for each entry made during the 
period covered by the inspection. Each such inspection shall be 
commenced and completed with reasonable promptness and shall be 
conducted at reasonable times, within reasonable limits, and in 
a reasonable manner.
      (b) Scope.--(1) Except as provided in paragraph (2), an 
inspection conducted under subsection (a) shall extend to all 
things within the premises or conveyance inspected (including 
records, files, papers, processes, controls, and facilities) 
bearing on whether the requirements of this Act applicable to 
the chemical substances, mixtures, or products subject to 
[title IV] title IV or V within such premises or conveyance 
have been complied with.
      (2) No inspection under subsection (a) shall extend to--
            (A) financial data,
            (B) sales data (other than shipment data),
            (C) pricing data,
            (D) personnel data, or
            (E) research data (other than data required by this 
        Act or under a rule promulgated thereunder),
unless, the nature and extent of such data are described with 
reasonable specificity in the written notice required by 
subsection (a) for such inspection.
      (c) Subpoenas.--In carrying out this Act, the 
Administrator may by subpoena require the attendance and 
testimony of witnesses and the production of reports, papers, 
documents, answers to questions, and other information that the 
Administrator deems necessary. Witnesses shall be paid the same 
fees and mileage that are paid witnesses in the courts of the 
United States. In the event of contumacy, failure, or refusal 
of any person to obey any such subpoena, any district court of 
the United States in which venue is proper shall have 
jurisdiction to order any such person to comply with such 
subpoena. Any failure to obey such an order of the court is 
punishable by the court as a contempt thereof.

           *       *       *       *       *       *       *


SEC. 12. EXPORTS.

      (a) In General.--(1) Except as provided in paragraph (2) 
and subsection (b), this Act [(other than section 8)] (other 
than section 8 or title V) shall not apply to any chemical 
substance, mixture, or to an article containing a chemical 
substance or mixture, if--

           *       *       *       *       *       *       *


SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES.

      (a) In General.--(1) The Secretary of the Treasury shall 
refuse entry into the customs territory of the United States 
(as defined in general note 2 of the Harmonized Tariff Schedule 
of the United States) of any chemical substance, mixture, or 
article containing a chemical substance or mixture offered for 
such entry if--
            (A) it fails to comply with any rule in effect 
        under this Act, or
            [(B) it is offered for entry in violation of 
        section 5, 6, or title IV a rule or order under section 
        5, 6, or title IV or an order issued in a civil action 
        brought under section 5, 7 or title IV.]
            (B) it is offered for entry in violation of--
                    (i) section 5 or 6;
                    (ii) title IV or V;
                    (iii) a rule or order issued under section 
                5 or 6 or title IV or V; or
                    (iv) an order issued in a civil action 
                brought under section 5 or 6 or title IV.

           *       *       *       *       *       *       *


[SEC. 15. PROHIBITED ACTS.

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

SEC. 15. PROHIBITED ACTS.

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

           *       *       *       *       *       *       *


SEC. 16. PENALTIES.

      (a) Civil.--(1) Any person who violates a provision of 
[section 15 or 409] section 15, section 409, or title V shall 
be liable to the United States for a civil penalty in an amount 
not to exceed $25,000 for each such violation. Each day such a 
violation continues shall, for purposes of this subsection, 
constitute a separate violation of [section 15 or 409] section 
15, section 409, or title V.
      (2)(A) A civil penalty for a violation of [section 15 or 
409] section 15, section 409, or title V shall be assessed by 
the Administrator by an order made on the record after 
opportunity (provided in accordance with this subparagraph) for 
a hearing in accordance with section 554 of title 5, United 
States Code. Before issuing such an order, the Administrator 
shall give written notice to the person to be assessed a civil 
penalty under such order of the Administrator's proposal to 
issue such order and provide such person an opportunity to 
request, within 15 days of the date the notice is received by 
such person, such a hearing on the order.
      (B) In determining the amount of a civil penalty, the 
Administrator shall take into account the nature, 
circumstances, extent, and gravity of the violation or 
violations and, with respect to the violator, ability to pay, 
effect on ability to continue to do business, any history of 
prior such violations, the degree of culpability, and such 
other matters as justice may require.
      (C) The Administrator may compromise, modify, or remit, 
with or without conditions, any civil penalty which may be 
imposed under this subsection. The amount of such penalty, when 
finally determined, or the amount agreed upon in compromise, 
may be deducted from any sums owing by the United States to the 
person charged.
      (3) Any person who requested in accordance with paragraph 
(2)(A) a hearing respecting the assessment of a civil penalty 
and who is aggrieved by an order assessing a civil penalty may 
file a petition for judicial review of such order with the 
United States Court of Appeals for the District of Columbia 
Circuit or for any other circuit in which such person resides 
or transacts business. Such a petition may only be filed within 
the 30-day period beginning on the date the order making such 
assessment was issued.
      (4) If any person fails to pay an assessment of a civil 
penalty--
            (A) after the order making the assessment has 
        become a final order and if such person does not file a 
        petition for judicial review of the order in accordance 
        with paragraph (3), or
            (B) after a court in an action brought under 
        paragraph (3) has entered a final judgment in favor of 
        the Administrator,
the Attorney General shall recover the amount assessed (plus 
interest at currently prevailing rates from the date of the 
expiration of the 30-day period referred to in paragraph (3) or 
the date of such final judgment, as the case may be) in an 
action brought in any appropriate district court of the United 
States. In such an action, the validity, amount, and 
appropriateness of such penalty shall not be subject to review.
      (b) Criminal.--Any person who knowingly or willfully 
violates any provision of [section 15 or 409] section 15, 
section 409, or title V shall, in addition to or in lieu of any 
civil penalty which may be imposed under subsection (a) of this 
section for such violation, be subject, upon conviction, to a 
fine of not more than $25,000 for each day of violation, or to 
imprisonment for not more than one year, or both.

           *       *       *       *       *       *       *


SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE.

    (a) Specific Enforcement.--(1) The district courts of the 
United States shall have jurisdiction over civil actions to--
            (A) restrain any violation of [section 15 or 409,] 
        section 15, section 409, or title V;
            [(B) restrain any person from taking any action 
        prohibited by section 5, 6, or title IV, or by a rule 
        or order under section 5, 6, or title IV,]
                    (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);
            (C) compel the taking of any action required by or 
        under this Act[,]; or
            (D) direct any manufacturer or processor of a 
        chemical substance, mixture, or product subject to 
        [title IV manufactured] title IV or V manufactured or 
        processed in violation of [section 5, 6, or title IV] 
        section 5 or 6, or title IV or V, or a rule or order 
        under [section 5, 6, or title IV] section 5 or 6, or 
        title IV or V, and distributed in commerce, (i) to give 
        notice of such fact to distributors in commerce of such 
        substance, mixture, or product and, to the extent 
        reasonably ascertainable, to other persons in 
        possession of such substance, mixture, or product or 
        exposed to such substance, mixture, or product, (ii) to 
        give public notice of such risk of injury, and (iii) to 
        either replace or repurchase such substance, mixture, 
        or product, whichever the person to which the 
        requirement is directed elects.
      (2) A civil action described in paragraph (1) may be 
brought--
            (A) in the case of a civil action described in 
        subparagraph (A) of such paragraph, in the United 
        States district court for the judicial district wherein 
        any act, omission, or transaction constituting a 
        violation of section 15 or title V occurred or wherein 
        the defendant is found or transacts business, or
            (B) in the case of any other civil action described 
        in such paragraph, in the United States district court 
        for the judicial district wherein the defendant is 
        found or transacts business.
In any such civil action process may be served on a defendant 
in any judicial district in which a defendant resides or may be 
found. Subpoenas requiring attendance of witnesses in any such 
action may be served in any judicial district.
      (b) Seizure.--Any chemical substance, mixture, or product 
subject to title IV or V which was manufactured, processed, or 
distributed in commerce in violation of this Act or any rule 
promulgated or order issued under this Act or any article 
containing such a substance or mixture shall be liable to be 
proceeded against, by process of libel for the seizure and 
condemnation of such substance, mixture, product, or article, 
in any district court of the United States within the 
jurisdiction of which such substance, mixture, product, or 
article is found. Such proceeding shall conform as nearly as 
possible to proceedings in rem in admiralty.
           * * * * * * *

SEC. 18. PREEMPTION.

      (a) Effect on State Law.--(1) Except as provided in 
paragraph (2), nothing in this Act shall affect the authority 
of any State or political subdivision of a State to establish 
or continue in effect regulation of any chemical substance, 
mixture, or article containing a chemical substance or mixture.
      (2) Except as provided in subsection (b)--
            (A) if the Administrator requires by a rule 
        promulgated under section 4 the testing of a chemical 
        substance or mixture, no State or political subdivision 
        may, after the effective date of such rule, establish 
        or continue in effect a requirement for the testing of 
        such substance or mixture for purposes similar to those 
        for which testing is required under such rule; [and]
            (B) if 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, no State or political 
        subdivision of a State may, after the effective date of 
        such requirement, 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 such 
        risk unless such requirement (i) is identical to the 
        requirement prescribed by the Administrator, (ii) is 
        adopted under the authority of the Clean Air Act or any 
        other Federal law, or (iii) 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
            (C) no State or political subdivision may establish 
        or continue in effect any requirement that is 
        applicable to--
                    (i) a POPs Chemical substance or mixture or 
                LRTAP POPs chemical substance or mixture (as 
                defined in title V); or
                    (ii) a chemical substance or mixture that 
                the Administrator regulates under section 
                502(h).
      (b) Exemption.--Upon application of a State or political 
subdivision of a State the Administrator may by rule exempt 
from subsection (a)(2), under such conditions as may be 
prescribed in such rule, a requirement of such State or 
political subdivision designed to protect against a risk of 
injury to health or the environment associated with a chemical 
substance, mixture, or article containing a chemical substance 
or mixture if--
            (1) compliance with the requirement would not cause 
        the manufacturing, processing, distribution in 
        commerce, or use of the substance, mixture, or article 
        to be in violation of the applicable requirement under 
        this Act described in subsection (a)(2), and
            (2) the State or political subdivision requirement 
        (A) provides a significantly higher degree of 
        protection from such risk than the requirement under 
        this Act described in subsection (a)(2) and (B) does 
        not, through difficulties in marketing, distribution, 
        or other factors, unduly burden interstate commerce.
           * * * * * * *

SEC. 20. CITIZENS' CIVIL ACTIONS.

      (a) In General.--Except as provided in subsection (b), 
any person may commence a civil action--
            (1) against any person (including (A) the United 
        States, and (B) any other governmental instrumentality 
        or agency to the extent permitted by the eleventh 
        amendment to the Constitution) who is alleged to be in 
        violation of this Act or any rule promulgated under 
        section 4, 5, or 6, or [title II or IV] title II, IV, 
        or V, or order issued under section 5 or title II or IV 
        to restrain such violation, or
           * * * * * * *

           TITLE V_IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

SEC. 501. DEFINITIONS.

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

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

    (a) Prohibition on Specified POPs Chemical Substances and 
Mixtures and LRTAP POPs Chemical Substances and Mixtures.--
Subject to subsections (c), (d), and (i) and the relevant 
provisions of the POPs Convention and the LRTAP POPs Protocol, 
notwithstanding any other provision of law, a person shall not 
manufacture, process, distribute in commerce for export, use, 
or dispose of any of the following:
            (1) A POPs chemical substance or mixture specified 
        in any of subparagraphs (A) through (J) of section 
        501(12).
            (2) A LRTAP POPs chemical substance or mixture 
        specified in any of subparagraphs (A) through (C) of 
        section 501(7).
    (b) Prohibition on Other POPs Chemical Substances and 
Mixtures and LRTAP POPs Chemical Substances and Mixtures.--
Subject to subsections (c), (d), and (i), notwithstanding any 
other provision of law, a person shall not manufacture, 
process, distribute in commerce for export, use, or dispose of 
a POPs chemical substance or mixture described in section 
501(12)(K), or a LRTAP POPs chemical substance or mixture 
described in 501(7)(D), in a manner that is inconsistent with 
regulations promulgated under subsection (h).
    (c) Exemptions Under POPs Convention.--
            (1) In general.--The prohibitions specified in 
        subsection (b) shall not apply to any manufacture, 
        processing, distribution in commerce for export, use, 
        or disposal of a POPs chemical substance or mixture 
        that the Administrator (with the concurrence of the 
        Secretary of State) determines, through final 
        regulations promulgated under subsection (h)--
                    (A) is consistent with--
                            (i) a production or use specific 
                        exemption available to the United 
                        States under Annex A or B to the POPs 
                        Convention; or
                            (ii) an acceptable purpose 
                        applicable to the United States under 
                        Annex B to the POPs Convention; and
                    (B) would, as a result, not prevent the 
                United States from complying with the 
                obligations of the United States under the POPs 
                Convention.
            (2) Unintentional trace contaminants.--To the 
        extent consistent with the POPs Convention, the 
        prohibitions specified in subsections (a) and (b) shall 
        not apply to any quantity of a POPs chemical substance 
        or mixture that occurs as an unintentional trace 
        contaminant in a product or article.
            (3) Research.--To the extent consistent with the 
        POPs Convention, the prohibitions specified in 
        subsections (a) and (b) shall not apply to any quantity 
        of a POPs chemical substance or mixture that is used 
        for laboratory scale research or as a reference 
        standard.
            (4) Constituent of article in use before 
        prohibition applied.--To the extent consistent with the 
        POPs Convention, the prohibitions specified in 
        subsections (a) and (b) shall not apply to any quantity 
        of a POPs chemical substance or mixture that occurs as 
        a constituent of an article, if--
                    (A) the article is manufactured or in use 
                on or before the date of entry into force of 
                the obligation applicable to the POPs chemical 
                substance or mixture; and
                    (B) the United States has met any 
                applicable requirement of the POPs Convention 
                to notify the Secretariat of the POPs 
                Convention concerning the article.
            (5) Closed-system site-limited intermediate.--
                    (A) Exemption.--
                            (i) In general.--Subject to clause 
                        (ii), to the extent consistent with the 
                        POPs Convention, the prohibitions 
                        specified in subsections (a) and (b) 
                        shall not apply to any quantity of a 
                        POPs chemical substance or mixture that 
                        is--
                                    (I) manufactured and used 
                                as a closed-system site-limited 
                                intermediate; and
                                    (II) chemically transformed 
                                in the manufacture of other 
                                chemicals that do not exhibit 
                                the characteristics of 
                                persistent organic pollutants 
                                (taking into consideration the 
                                criteria in paragraph 1 of 
                                Annex D of the POPs 
                                Convention).
                            (ii) Conditions.--Clause (i) 
                        applies if, before the commencement of 
                        the manufacture or use under the POPs 
                        Convention, and each 10-year period 
                        thereafter--
                                    (I) any person that desires 
                                to invoke the exemption 
                                provides to the Administrator 
                                information concerning--
                                            (aa) the annual 
                                        total quantity of the 
                                        POPs chemical substance 
                                        or mixture anticipated 
                                        to be manufactured or 
                                        used or a reasonable 
                                        estimate of the 
                                        quantity; and
                                            (bb) the nature of 
                                        the closed system site-
                                        limited process, 
                                        including the quantity 
                                        of any nontransformed 
                                        and unintentional trace 
                                        contamination by the 
                                        POPs chemical substance 
                                        or mixture that remains 
                                        in the final product; 
                                        and
                                    (II) notwithstanding any 
                                other provision of law, the 
                                Administrator--
                                            (aa) determines, 
                                        with the concurrence of 
                                        the Secretary of State, 
                                        that the information 
                                        provided under 
                                        subclause (I) is 
                                        complete and 
                                        sufficient; and
                                            (bb) transmits the 
                                        information to the 
                                        Secretariat of the POPs 
                                        Convention.
                    (B) Termination of exemption.--If, at the 
                termination of any 10-year exemption period 
                under subparagraph (A), a particular closed-
                system site-limited intermediate exemption is 
                no longer authorized for the United States 
                under the POPs Convention, it shall be unlawful 
                for any person to continue to manufacture or 
                use any such POPs chemical substance or mixture 
                as a closed-system site-limited intermediate.
            (6) PCB materials.--Any person that manages PCBs in 
        compliance with the rules promulgated under section 
        6(e) shall be--
                    (A) considered to be in compliance with 
                this title; and
                    (B) presumed to be consistent with the POPs 
                Convention, unless the Administrator determines 
                that the applicable rule promulgated under 
                section 6(e) is inconsistent with the POPs 
                Convention.
            (7) Distribution in commerce for export if 
        production or use specific exemption or acceptable 
        purpose is in effect.--
                    (A) In general.--To the extent consistent 
                with the POPs Convention, the prohibitions 
                specified in subsections (a) and (b) shall not 
                apply to any distribution in commerce for 
                export of any POPs chemical substance or 
                mixture for which a production or use specific 
                exemption under Annex A to the POPs Convention 
                available to the United States is in effect, or 
                for which a production or use specific 
                exemption or acceptable purpose under Annex B 
                to the POPs Convention available to the United 
                States is in effect, unless the POPs chemical 
                substance or mixture does not comply with an 
                export condition described in--
                            (i) subparagraph (B), as determined 
                        by the Administrator in consultation 
                        with the heads of other interested 
                        Federal agencies; or
                            (ii) subparagraph (C) or (D), as 
                        determined by the Administrator in 
                        consultation with the heads of other 
                        interested Federal agencies and with 
                        the concurrence of the Secretary of 
                        State and the United States Trade 
                        Representative.
                    (B) Export for environmentally sound 
                disposal.--An export condition referred to in 
                subparagraph (A) is that the POPs chemical 
                substance or mixture is exported for the 
                purpose of environmentally sound disposal in 
                accordance with paragraph 1(d) of Article 6 of 
                the POPs Convention.
                    (C) Export to party with permission to 
                use.--An export condition referred to in 
                subparagraph (A) is that the POPs chemical 
                substance or mixture is exported to a party to 
                the POPs Convention that is permitted to use 
                the POPs chemical substance or mixture under 
                Annex A or B to the POPs Convention.
                    (D) Export to nonparty that has provided 
                nonparty certification.--
                            (i) In general.--An export 
                        condition referred to in subparagraph 
                        (A) is that the POPs chemical substance 
                        or mixture is exported to an importing 
                        foreign state that--
                                    (I) is not a party to the 
                                POPs Convention with respect to 
                                the POPs chemical substance or 
                                mixture; and
                                    (II) has provided an annual 
                                certification to the 
                                Administrator.
                            (ii) Commitments by importing 
                        nonparty.--Consistent with the POPs 
                        Convention, an annual nonparty 
                        certification under clause (i) shall 
                        specify the intended use of the POPs 
                        chemical substance or mixture and state 
                        that, with respect to the POPs chemical 
                        substance or mixture, the importing 
                        nonparty is committed to--
                                    (I) protecting human health 
                                and the environment by taking 
                                necessary measures to minimize 
                                or prevent releases;
                                    (II) complying with 
                                paragraph 1(d) of Article 6 of 
                                the POPs Convention; and
                                    (III) complying, to the 
                                extent appropriate, with 
                                paragraph 2 of Part II of Annex 
                                B to the POPs Convention.
                            (iii) Supporting documentation.--
                        Each nonparty certification shall 
                        include any appropriate supporting 
                        documentation, such as legislation, 
                        regulatory instruments, and 
                        administrative or policy guidelines.
                            (iv) Submission to secretariat of 
                        pops convention.--Not later than 60 
                        days after the date of receipt of a 
                        complete nonparty certification, the 
                        Administrator shall submit a copy of 
                        the nonparty certification to the 
                        Secretariat of the POPs Convention.
            (8) Export for environmentally sound disposal if no 
        production or use specific exemption in effect.--To the 
        extent consistent with the POPs Convention, the 
        prohibitions specified in subsections (a) and (b) shall 
        not apply to any distribution in commerce for export 
        for the purpose of environmentally sound disposal, in 
        accordance with paragraph 1(d) of Article 6 of the POPs 
        Convention, of a POPs chemical substance or mixture 
        listed in Annex A to the POPs Convention for which no 
        production or use specific exemption is in effect for 
        any party to the POPs Convention.
            (9) Imports for specified purposes.--To the extent 
        consistent with the POPs Convention, the prohibitions 
        specified in subsections (a) and (b) shall not apply to 
        a POPs chemical substance or mixture that is imported 
        for the purpose of environmentally sound disposal in 
        accordance with paragraph 1(d) of Article 6 of the POPs 
        Convention.
            (10) Waste.--To the extent consistent with the POPs 
        Convention, the prohibitions specified in subsections 
        (a) and (b) shall not apply to any quantity of a POPs 
        chemical substance or mixture, including any article 
        that consists of, contains, or is contaminated with a 
        POPs chemical substance or mixture, that has become 
        waste and that is managed in a manner consistent with 
        Article 6 of the POPs Convention.
            (11) No effect on other prohibitions.--Nothing in 
        this subsection authorizes any manufacture, processing, 
        distribution in commerce for export, use, or disposal 
        of a POPs chemical substance or mixture that is 
        prohibited under any other provision of law.
    (d) Exemptions Under LRTAP POPs Protocol.--
            (1) In general.--To the extent consistent with the 
        LRTAP POPs Protocol, the prohibitions on manufacture, 
        processing, distribution in commerce for export, or use 
        specified in subsections (a) and (b) shall not apply 
        to--
                    (A) any manufacture, processing, 
                distribution in commerce for export, or use of 
                a LRTAP POPs chemical substance or mixture that 
                the Administrator determines (with the 
                concurrence of the Secretary of State), through 
                final regulations promulgated in accordance 
                with subsection (h)--
                            (i) is consistent with an allowed 
                        restricted use or condition available 
                        to the United States under Annex I or 
                        II to the LRTAP POPs Protocol; and
                            (ii) would, as a result, not 
                        prevent the United States from 
                        complying with the obligations of the 
                        United States under the LRTAP POPs 
                        Protocol;
                    (B) any quantity of a LRTAP POPs chemical 
                substance or mixture that is used for 
                laboratory scale research or as a reference 
                standard;
                    (C) any quantity of a LRTAP POPs chemical 
                substance or mixture that occurs as a 
                contaminant in a product;
                    (D) any quantity of a LRTAP POPs chemical 
                substance or mixture that is in an article 
                manufactured or in use on or before--
                            (i) the implementation date of any 
                        applicable obligation of the LRTAP POPs 
                        Protocol; or
                            (ii) in the case of any LRTAP POPs 
                        chemical substance or mixture added to 
                        any applicable Annex after the 
                        implementation date of the applicable 
                        obligation of the LRTAP POPs Protocol, 
                        the implementation date in the 
                        amendment to the LRTAP POPs Protocol 
                        that makes the addition;
                    (E) any quantity of a LRTAP POPs chemical 
                substance or mixture that occurs as a site-
                limited chemical intermediate in the 
                manufacture of 1 or more different substances 
                and that is subsequently chemically 
                transformed;
                    (F) the production or use of any quantity 
                of HCH that complies with the restrictions and 
                conditions specified for HCH in Annex II to the 
                LRTAP POPs Protocol;
                    (G) any quantity of a LRTAP POPs chemical 
                substance or mixture that has become waste and 
                that is disposed of in an environmentally sound 
                manner in accordance with paragraph 1(b) of 
                Article 3 of the LRTAP POPs Protocol;
                    (H) any distribution in commerce for export 
                of a LRTAP POPs chemical substance or mixture 
                if the distribution in commerce for export is 
                conducted in an environmentally sound manner; 
                or
                    (I) any import of a LRTAP POPs chemical 
                substance or mixture if the import is conducted 
                in an environmentally sound manner.
            (2) Exemptions by administrator.--The 
        Administrator, with the concurrence of the Secretary of 
        State, may grant an exemption from the prohibitions 
        applicable to LRTAP POPs chemical substances or 
        mixtures specified in subsection (a) or (b) that the 
        Administrator determines are consistent with the 
        exemptions authorized under paragraph 2 of Article 4 of 
        the LRTAP POPs Protocol.
            (3) Exemptions by petition.--
                    (A) Petitions.--A person may petition the 
                Administrator for an exemption from a 
                prohibition applicable to LRTAP POPs chemical 
                substances or mixtures specified in subsection 
                (a) or (b) that is consistent with the 
                exemptions authorized under paragraph 2 of 
                Article 4 of the LRTAP POPs Protocol.
                    (B) Required elements of petitions.--Any 
                petition under subparagraph (A) shall, at a 
                minimum, contain--
                            (i) information relating to each 
                        finding, if any, that the Administrator 
                        is required to make under the LRTAP 
                        POPs Protocol before granting the 
                        exemption; and
                            (ii) any additional information, if 
                        any, that the Administrator is required 
                        to provide to the Secretariat of the 
                        LRTAP POPs Protocol concerning a 
                        granted exemption.
                    (C) Grant or denial of petition.--The 
                Administrator, with the concurrence of the 
                Secretary of State, shall--
                            (i) if the petition is authorized 
                        for the United States under, and is 
                        otherwise consistent with, the LRTAP 
                        POPs Protocol, grant the petition with 
                        such conditions or limitations as are 
                        necessary to meet any requirement of 
                        the LRTAP POPs Protocol or any other 
                        provision of law; or
                            (ii) deny the petition.
            (4) Provision of information to secretariat.--
        Notwithstanding any other provision of law, if the 
        Administrator grants an exemption under this 
        subsection, the Administrator, not later than 90 days 
        after the date on which the exemption is granted, shall 
        provide the Secretariat of the LRTAP POPs Protocol with 
        the information specified in paragraph 3 of Article 4 
        of the LRTAP POPs Protocol.
            (5) Disallowance of exemption by lrtap pops 
        protocol.--
                    (A) In general.--If, after an exemption has 
                been granted under this subsection, the 
                exemption is no longer authorized by the United 
                States under the LRTAP POPs Protocol, it shall 
                be unlawful for any person to manufacture, 
                process, distribute in commerce for export, or 
                use a LRTAP POPs chemical substance or mixture 
                in the manner authorized by the exemption.
                    (B) Publication of notice in federal 
                register.--The Administrator shall publish in 
                the Federal Register a notice announcing the 
                disallowance of any exemption under 
                subparagraph (A).
            (6) No effect on other prohibitions.--Nothing in 
        this subsection authorizes any manufacture, processing, 
        distribution in commerce for export, or use of a LRTAP 
        POPs chemical substance or mixture that is prohibited 
        under any other provision of law.
    (e) Notice and Report After Decision That Screening 
Criteria Are Met Under POPs Convention or After Risk Profile 
Submitted Under LRTAP POPs Protocol.--
            (1) Applicability.--This subsection applies if--
                    (A) the POPs Review Committee or Conference 
                decides--
                            (i) under paragraph 4(a) of Article 
                        8 of the POPs Convention, that a 
                        proposal for listing a chemical 
                        substance or mixture in Annex A, B, or 
                        C to the POPs Convention fulfills the 
                        screening criteria specified in Annex D 
                        to the POPs Convention; or
                            (ii) under paragraph 5 of Article 8 
                        of the POPs Convention, that such a 
                        proposal shall proceed; or
                    (B) if a party to the LRTAP POPs Protocol 
                submits to the Executive Body a risk profile in 
                support of a proposal to list a chemical 
                substance or mixture in Annex I, II, or III to 
                the LRTAP POPs Protocol.
            (2) Requirement.--Not later than 45 days after the 
        date of the POPs Review Committee or Conference 
        decision on a proposal or the submission of a risk 
        profile in support of a proposal under the LRTAP POPs 
        Protocol described in subparagraph (A) or (B) of 
        paragraph (1), respectively, the Administrator shall--
                    (A) publish in the Federal Register a 
                notice of the proposal; and
                    (B) provide opportunity for comment on the 
                proposal.
            (3) Required elements of notice.--A notice under 
        paragraph (2) shall--
                    (A) identify the chemical substance or 
                mixture that is the subject of the proposal;
                    (B) include a summary of the process under 
                the POPs Convention or the LRTAP POPs Protocol 
                for submission of a proposal and listing of a 
                chemical substance or mixture that is the 
                subject of a proposal (including criteria 
                applied in that process);
                    (C) include a summary of the POPs Review 
                Committee or Conference decision and the basis 
                for the decision;
                    (D) request information relevant to and 
                comment on--
                            (i) in the case of a chemical 
                        substance or mixture proposed for 
                        listing in an Annex to the POPs 
                        Convention, the information 
                        requirements and screening criteria 
                        elements covered under Annex D to the 
                        POPs Convention; and
                            (ii) in the case of a chemical 
                        substance or mixture proposed for 
                        listing in an Annex to the LRTAP POPs 
                        Protocol, the information referenced in 
                        paragraph 6(a) of Article 14 of the 
                        LRTAP POPs Protocol;
                    (E) request the information required under 
                paragraph (4);
                    (F) include any other information that the 
                Administrator considers to be relevant to the 
                proposal;
                    (G) include a statement that any 
                information submitted will be part of the 
                record used as the basis for rulemaking that 
                the Administrator may undertake under this 
                title; and
                    (H) request information and comment on--
                            (i) information relevant to the 
                        risk profile of the POPs Review 
                        Committee covered under Annex E to the 
                        POPs Convention; and
                            (ii) information relevant to any 
                        technical review conducted under 
                        paragraph 2 of Executive Body decision 
                        1998/2.
            (4) Provision of information.--
                    (A) Provision of information under pops 
                convention.--Not later than 60 days after the 
                date of publication of the notice under 
                paragraph (2) regarding a proposal to list a 
                chemical substance or mixture on an Annex of 
                the POPs Convention, any person that 
                manufactures, processes, distributes in 
                commerce for export, or disposes of a chemical 
                substance or mixture that is the subject of the 
                notice shall provide (and any other interested 
                person may provide) to the Administrator 
                information (to the extent the information is 
                known or readily obtainable to the person) on--
                            (i) the annual quantity of the 
                        chemical substance or mixture that the 
                        person manufactures and the locations 
                        of the manufacture;
                            (ii) the uses of the chemical 
                        substance or mixture;
                            (iii) the approximate annual 
                        quantity of the chemical substance or 
                        mixture that the person releases into 
                        the environment; and
                            (iv) other information or 
                        monitoring data relating to the 
                        chemical substance or mixture that is 
                        consistent with the information 
                        specified in paragraph 1 of Annex D, 
                        and subsections (b) through (e) of 
                        Annex E, to the POPs Convention.
                    (B) Provision of information under lrtap 
                pops protocol.--Not later than 60 days after 
                the date of publication of the notice under 
                paragraph (2) regarding a proposal to list a 
                chemical substance or mixture on an Annex of 
                the LRTAP POPs Protocol, any person that 
                manufactures, processes, distributes in 
                commerce for export, or disposes of a chemical 
                substance or mixture that is the subject of the 
                notice shall provide (and any other interested 
                person may provide) to the Administrator 
                information (to the extent the information is 
                known or readily obtainable to the person) on--
                            (i) the potential for long-range 
                        transboundary atmospheric transport of 
                        the chemical substance or mixture;
                            (ii) the toxicity of the chemical 
                        substance or mixture;
                            (iii) the persistence of the 
                        chemical substance or mixture, 
                        including biotic degradation processes 
                        and rates and degradation products;
                            (iv) the bioaccumulation of the 
                        chemical substance or mixture, 
                        including bioavailability;
                            (v) the annual quantity of the 
                        chemical substance or mixture that the 
                        person manufactures and the locations 
                        of the manufacture;
                            (vi) the uses of the chemical 
                        substance or mixture;
                            (vii) the approximate annual 
                        quantity of the chemical substance or 
                        mixture that the person releases into 
                        the environment;
                            (viii) environmental monitoring 
                        data relating to the chemical substance 
                        or mixture (in areas distant from 
                        sources);
                            (ix)(I) information on alternatives 
                        to the uses of the chemical substance 
                        or mixture and the efficacy of each 
                        alternative; and
                            (II) information on any known 
                        adverse environmental or human health 
                        effects associated with each 
                        alternative;
                            (x) information on--
                                    (I) process changes, 
                                control technologies, operating 
                                practices, and other pollution 
                                prevention techniques that can 
                                be used to reduce the emissions 
                                of the chemical substance or 
                                mixture; and
                                    (II) the applicability and 
                                effectiveness of each technique 
                                described in subclause (I); and
                            (xi) information on the nonmonetary 
                        costs and benefits and the quantifiable 
                        costs and benefits associated with the 
                        use of each alternative described in 
                        clause (ix) or technique described in 
                        clause (x)(I).
                    (C) Updating of information.--
                            (i) Voluntary updates.--Any person 
                        that submits information under 
                        subparagraph (A) or (B) may voluntarily 
                        update the information at any time.
                            (ii) Required updates.--If the 
                        Administrator determines, with the 
                        concurrence of the Secretary of State, 
                        that an update of information submitted 
                        under subparagraph (A) or (B) is 
                        necessary, the Administrator may, 
                        through a notice published in the 
                        Federal Register, require 1 or more 
                        persons that are required to submit the 
                        information to update the information.
                            (iii) New information.--The 
                        Administrator may require any person 
                        that (after the date under 
                        subparagraphs (A) and (B) by which 
                        persons are required to submit 
                        information) commences manufacturing, 
                        processing, distributing in commerce 
                        for export, or disposing of a chemical 
                        substance or mixture subject to the 
                        requirements in subparagraph (A) or 
                        (B), to submit the information required 
                        to be submitted under subparagraph (A) 
                        or (B).
                    (D) Report.--Based on information received 
                under this section and any other relevant 
                information available to the Administrator, the 
                Administrator, not later than 240 days after 
                the date of publication of the notice under 
                this paragraph, shall issue for public comment 
                a report that contains, at a minimum--
                            (i) information on the production 
                        and uses in the United States of the 
                        chemical substance or mixture; and
                            (ii) a review of the benefits and 
                        risks in the United States and 
                        internationally associated with the 
                        production and uses in the United 
                        States and internationally of the 
                        chemical substance or mixture.
    (f) Notice After Decision That Global Action Warranted 
Under POPs Convention or That Further Consideration of Chemical 
Substance or Mixture Warranted Under LRTAP POPs Protocol.--
            (1) Applicability.--This subsection applies if--
                    (A) the POPs Review Committee decides, 
                under paragraph 7(a) of Article 8 of the POPs 
                Convention, that global action is warranted 
                with respect to the chemical substance or 
                mixture that is the subject of the proposal, or 
                the Conference decides, under paragraph 8 of 
                that Article, that the proposal shall proceed; 
                or
                    (B) the Executive Body determines pursuant 
                to paragraph 2 of Executive Body Decision 1998/
                2 that further consideration of the chemical 
                substance or mixture is warranted, and 
                therefore requires 1 or more technical reviews 
                of the proposal.
            (2) Notice.--Not later than 45 days after the date 
        on which a decision or determination is made under 
        paragraph (1), the Administrator shall--
                    (A) publish in the Federal Register a 
                notice of the decision or determination; and
                    (B) provide opportunity for comment on the 
                decision or determination.
            (3) Required elements of notice.--A notice under 
        paragraph (1) shall--
                    (A) identify the chemical substance or 
                mixture that is the subject of the proposal;
                    (B) include a summary of--
                            (i) the POPs Review Committee or 
                        Conference decision and the basis for 
                        the decision; or
                            (ii) the Executive Body 
                        determination and basis for the 
                        determination;
                    (C) request information and comment on--
                            (i) in the case of a chemical 
                        substance or mixture proposed for 
                        addition to an Annex of the POPs 
                        Convention--
                                    (I) information on 
                                socioeconomic considerations 
                                covered under Annex F to the 
                                POPs Convention; and
                                    (II) information on 
                                socioeconomic considerations 
                                covered under Annex F to the 
                                POPs Convention applicable to 
                                the range of possible 
                                prohibitions described in 
                                subparagraph (F); and
                            (ii) in the case of a chemical 
                        substance or mixture proposed for 
                        listing on an Annex to the LRTAP POPs 
                        Protocol, information on--
                                    (I) any additional measures 
                                not described in the notice 
                                published under subparagraph 
                                (F) that may exist to reduce 
                                the risks of adverse effects on 
                                human health or the environment 
                                that result from the long-range 
                                transboundary atmospheric 
                                transport of the chemical 
                                substance or mixture; and
                                    (II) the feasibility of any 
                                of the additional measures or 
                                the measures outlined in the 
                                notice published pursuant to 
                                subparagraph (F);
                    (D) request information on any current or 
                anticipated production or use of the chemical 
                substance or mixture that is the subject of the 
                proposal for which the United States may wish 
                to--
                            (i) seek an exemption or acceptable 
                        purpose under the POPs Convention; or
                            (ii) allow a restricted use or 
                        condition under the LRTAP POPs 
                        Protocol;
                    (E) request the information required under 
                paragraph (4);
                    (F) describe a broad range of possible 
                prohibitions or restrictions that the United 
                States could impose on the manufacture, 
                processing, distribution in commerce for 
                export, use, or disposal of the chemical 
                substance or mixture to address any risks that 
                the chemical substance or mixture may pose;
                    (G) specify what changes, if any, to the 
                regulatory requirements and risk management 
                measures applicable to the chemical substance 
                or mixture in the United States have been made 
                since the date of publication of the notice 
                under subsection (e); and
                    (H) include a statement that any 
                information submitted will be part of the 
                record used as the basis for a rulemaking that 
                the Administrator may undertake under this 
                title.
            (4) Provision of information.--Not later than 60 
        days after the date of publication of the notice under 
        paragraph (1), any person that manufactures, processes, 
        distributes in commerce for export, or disposes of a 
        chemical substance or mixture that is the subject of 
        the notice shall provide (and any other interested 
        party may provide) to the Administrator--
                    (A) consistent with the information needs 
                described in Annex F to the POPs Convention, 
                any information that the person believes is 
                relevant to--
                            (i) a risk management evaluation 
                        carried out under paragraph 7 of 
                        Article 8 of the POPs Convention; or
                            (ii) a decision by the Conference 
                        under paragraph 9 of Article 8 of the 
                        POPs Convention;
                    (B) consistent with the information needs 
                for the technical review described in paragraph 
                2 of Executive Body Decision 1998/2, any 
                information the person believes is relevant to 
                the technical review or to an Executive Body 
                decision made under paragraph 3 of Article 14 
                of the LRTAP POPs Protocol;
                    (C) any information that the person 
                believes is relevant to an action under this 
                section; and
                    (D) information on any article in use that 
                consists of, contains, or is contaminated with 
                the chemical substance or mixture.
            (5) Report by administrator.--Not later than 240 
        days after the date of publication of the notice under 
        this paragraph, based on information received under 
        this subsection and any other information available to 
        the Administrator, the Administrator shall issue a 
        report for public comment that contains, at a minimum, 
        information relating to the feasibility of possible 
        prohibitions or restrictions that could be placed on 
        the manufacture, processing, distribution in commerce 
        for export, use, or disposal of the chemical substance 
        or mixture (including the possible consequences of 
        using alternative products or processes).
    (g) Notice After Recommendation That Conference Consider 
Listing or After Completion of Technical Review.--
            (1) Applicability.--This subsection applies--
                    (A) if the POPs Review Committee 
                recommends, under paragraph 9 of Article 8 of 
                the POPs Convention, that the Conference 
                consider making a Conference listing decision 
                with respect to the chemical substance or 
                mixture in accordance with the proposal; or
                    (B) after completion of a technical review 
                of a proposal to list a chemical substance or 
                mixture on an Annex of the LRTAP POPs Protocol.
            (2) Notice.--Not later than 45 days after the date 
        on which a recommendation under paragraph (1) is made 
        or a technical review described in paragraph (1) is 
        completed, the Administrator shall--
                    (A) publish in the Federal Register a 
                notice of the recommendation or completion of 
                the technical review; and
                    (B) provide opportunity for comment on the 
                recommendation or the technical review.
            (3) Required elements.--A notice under paragraph 
        (1) shall--
                    (A) include a summary of the POPs Review 
                Committee recommendation and the basis for the 
                recommendation or a summary of the technical 
                review;
                    (B) summarize any control measures for the 
                chemical substance or mixture that are 
                identified by the POPs Review Committee or in 
                the technical review; and
                    (C) include a statement that any 
                information submitted will be part of the 
                record used as the basis for a rulemaking that 
                the Administrator may undertake under this 
                title.
    (h) Regulations by the Administrator.--
            (1) Chemical substance or mixture listed under pops 
        convention or lrtap pops protocol.--If the Conference 
        decides to list a chemical substance or mixture in 
        Annex A or B of the POPs Convention, or if the parties 
        to the LRTAP POPs Protocol decide to list a chemical 
        substance or mixture in Annex I or II to the LRTAP POPs 
        Protocol, the Administrator may commence a rulemaking 
        to prohibit or restrict the manufacture, processing, 
        distribution in commerce for export, use, or disposal 
        of the chemical substance or mixture.
            (2) Criteria for regulations.--
                    (A) In general.--If the Administrator 
                decides to commence a rulemaking to prohibit or 
                restrict the manufacture, processing, 
                distribution in commerce for export, use, or 
                disposal of the chemical substance or mixture, 
                the Administrator shall promulgate prohibitions 
                or restrictions to protect against hazards, 
                including exposure, to human health and the 
                environment associated with the chemical 
                substance or mixture.
                    (B) Criteria.--In determining the 
                appropriate manner of regulation, the 
                Administrator shall take into account public 
                health, environmental, and socioeconomic 
                factors and shall--
                            (i) consider--
                                    (I) the record compiled 
                                under subsections (e), (f), and 
                                (g);
                                    (II) national and 
                                international consequences that 
                                are likely to arise as a result 
                                of domestic regulatory action 
                                (including the possible 
                                consequences of using 
                                alternative products or 
                                processes);
                                    (III) alternatives to the 
                                prohibitions or restrictions 
                                adopted by the Conference or 
                                the Executive Body for the 
                                newly-listed chemical substance 
                                or mixture that are feasible 
                                and protective of human health 
                                and the environment; and
                                    (IV) all scientific 
                                information--
                                            (aa) compiled in 
                                        the record under 
                                        subsections (e), (f), 
                                        and (g);
                                            (bb) submitted to 
                                        the POPs Review 
                                        Committee or Conference 
                                        by the United States or 
                                        any other entity; and
                                            (cc) submitted to 
                                        the Executive Body, or 
                                        a subsidiary of the 
                                        Executive Body, under 
                                        the LRTAP POPs 
                                        Protocol;
                                taking due account of the 
                                scientific information that is 
                                consistent with generally 
                                accepted scientific principles;
                            (ii) in the case of a chemical 
                        substance or mixture listed on Annex A 
                        or B of the POPs Convention, give 
                        substantial weight to--
                                    (I) the POPs Review 
                                Committee recommendation under 
                                paragraph 9 of Article 8 of the 
                                POPs Convention;
                                    (II) the Conference listing 
                                decision;
                                    (III) the reports that the 
                                Administrator is required to 
                                issue pursuant to subsections 
                                (e)(4) and (f)(5), including 
                                any version of the reports 
                                revised to reflect information 
                                received through public 
                                comment; and
                                    (IV) any information that 
                                the United States submits to 
                                the POPs Review Committee or to 
                                the Conference pursuant to 
                                Article 8 of the POPs 
                                Convention; and
                            (iii) in the case of a chemical 
                        substance or mixture listed on Annex I 
                        or II of the LRTAP POPs Protocol, give 
                        substantial weight to--
                                    (I) any technical review 
                                conducted pursuant to paragraph 
                                2 of Executive Body Decision 
                                1998/2;
                                    (II) the LRTAP POPs 
                                Protocol listing decision;
                                    (III) the reports that the 
                                Administrator is required to 
                                issue pursuant to subsections 
                                (e)(4) and (f)(5), including 
                                any version of the reports 
                                revised to reflect information 
                                received through public 
                                comment; and
                                    (IV) any information that 
                                the United States submits to 
                                the Executive Body, or a 
                                subsidiary of the Executive 
                                Body, in relation to a 
                                technical review or listing 
                                decision.
            (3) Citizen's petition.--
                    (A) In general.--Beginning 1 year after the 
                date on which the Conference listing decision 
                or the LRTAP POPs Protocol listing decision is 
                made, any person may petition the Administrator 
                to commence a rulemaking, if a rulemaking has 
                not commenced as of that date, to prohibit or 
                restrict the manufacture, processing, 
                distribution in commerce for export, use, or 
                disposal of the chemical substance or mixture 
                that the Conference decides to list in Annex A 
                or B of the POPs Convention, or that the 
                parties to the LRTAP POPs Protocol decide to 
                list in Annex I or II of the LRTAP POPs 
                Protocol.
                    (B) Procedure.--
                            (i) In general.--A petition under 
                        subparagraph (A) shall describe the 
                        facts that the petitioner believes make 
                        it necessary for the Administrator to 
                        commence a rulemaking under paragraph 
                        (2).
                            (ii) Proceedings.--
                                    (I) Availability.--The 
                                Administrator shall publish in 
                                the Federal Register, and make 
                                available electronically, a 
                                summary of each petition 
                                received, including the name of 
                                the petitioner.
                                    (II) Hearings or 
                                proceedings.--The Administrator 
                                may hold a public hearing, or 
                                conduct any investigation or 
                                proceeding that the 
                                Administrator considers 
                                appropriate, to determine 
                                whether or not a rulemaking 
                                should be commenced.
                            (iii) Decision by the 
                        administrator.--
                                    (I) In general.--Not later 
                                than 90 days after the date of 
                                filing of a petition under 
                                subparagraph (A), the 
                                Administrator shall grant or 
                                deny the petition.
                                    (II) Grant.--If the 
                                Administrator grants the 
                                petition, the Administrator 
                                shall promptly commence a 
                                rulemaking and proceed in 
                                accordance with paragraph (2).
                                    (III) Denial.--If the 
                                Administrator denies the 
                                petition, the Administrator 
                                shall publish in the Federal 
                                Register a statement of the 
                                reasons for the denial.
                    (C) Civil action to compel rulemaking.--
                            (i) In general.--If the 
                        Administrator denies a petition under 
                        subparagraph (A) (or if the 
                        Administrator fails to grant or deny 
                        the petition within the 90-day period 
                        specified in subparagraph (B)(iii)), 
                        the petitioner may bring a civil action 
                        in United States district court to 
                        compel the Administrator to commence a 
                        rulemaking as requested in the 
                        petition.
                            (ii) Timing.--A civil action under 
                        clause (i) shall be brought--
                                    (I) not later than 60 days 
                                after the date of denial of the 
                                petition; or
                                    (II) if the Administrator 
                                fails to grant or deny the 
                                petition within the 90-day 
                                period specified in 
                                subparagraph (B)(iii), not 
                                later than 60 days after the 
                                expiration of the 90-day 
                                period.
                            (iii) Scope of review.--In a civil 
                        action under clause (i), the court 
                        shall consider the petition de novo.
                            (iv) Matters for consideration.--If 
                        the Administrator denies a petition, 
                        the court shall take into account 
                        public health, environmental, and 
                        socioeconomic factors and shall--
                                    (I) consider--
                                            (aa) the record 
                                        compiled under 
                                        subsections (e), (f), 
                                        and (g);
                                            (bb) national and 
                                        international 
                                        consequences that are 
                                        likely to arise as a 
                                        result of domestic 
                                        regulatory action 
                                        (including the possible 
                                        consequences of using 
                                        alternative products or 
                                        processes);
                                            (cc) alternatives 
                                        to the prohibitions or 
                                        restrictions adopted by 
                                        the Conference or the 
                                        Executive Body for the 
                                        newly-listed chemical 
                                        substance or mixture 
                                        that are feasible and 
                                        protective of human 
                                        health and the 
                                        environment; and
                                            (dd) all scientific 
                                        information--
                                                    (AA) 
                                                compiled in the 
                                                record under 
                                                subsections 
                                                (e), (f), and 
                                                (g);
                                                    (BB) 
                                                submitted to 
                                                the POPs Review 
                                                Committee or 
                                                Conference by 
                                                the United 
                                                States or any 
                                                other entity; 
                                                and
                                                    (CC) 
                                                submitted to 
                                                the Executive 
                                                Body, or a 
                                                subsidiary of 
                                                the Executive 
                                                Body, under the 
                                                LRTAP POPs 
                                                Protocol;
                                        taking due account of 
                                        the scientific 
                                        information that is 
                                        consistent with 
                                        generally accepted 
                                        scientific principles;
                                    (II) in the case of a 
                                chemical substance or mixture 
                                listed on Annex A or B of the 
                                POPs Convention, give 
                                substantial weight to--
                                            (aa) the POPs 
                                        Review Committee 
                                        recommendation under 
                                        paragraph 9 of Article 
                                        8 of the POPs 
                                        Convention;
                                            (bb) the Conference 
                                        listing decision;
                                            (cc) the reports 
                                        that the Administrator 
                                        is required to issue 
                                        pursuant to subsections 
                                        (e)(4) and (f)(5), 
                                        including any version 
                                        of the reports revised 
                                        to reflect information 
                                        received through public 
                                        comment; and
                                            (dd) any 
                                        information that the 
                                        United States submits 
                                        to the POPs Review 
                                        Committee or to the 
                                        Conference pursuant to 
                                        Article 8 of the POPs 
                                        Convention; and
                                    (III) in the case of a 
                                chemical substance or mixture 
                                listed on Annex I or II of the 
                                LRTAP POPs Protocol, give 
                                substantial weight to--
                                            (aa) any technical 
                                        review conducted 
                                        pursuant to paragraph 2 
                                        of Executive Body 
                                        Decision 1998/2;
                                            (bb) the LRTAP POPs 
                                        Protocol listing 
                                        decision;
                                            (cc) the reports 
                                        that the Administrator 
                                        is required to issue 
                                        pursuant to subsections 
                                        (e)(4) and (f)(5), 
                                        including any version 
                                        of the reports revised 
                                        to reflect information 
                                        received through public 
                                        comment; and
                                            (dd) any 
                                        information that the 
                                        United States submits 
                                        to the Executive Body, 
                                        or a subsidiary of the 
                                        Executive Body, in 
                                        relation to a technical 
                                        review or listing 
                                        decision.
                            (v) Order to commence rulemaking.--
                        The court shall order the Administrator 
                        to commence a rulemaking in accordance 
                        with paragraph (2) if the court 
                        determines that--
                                    (I) regulatory action to 
                                control the manufacture, 
                                processing, distribution in 
                                commerce for export, use, or 
                                disposal of a chemical 
                                substance or mixture listed in 
                                Annex A or B of the POPs 
                                Convention or Annex I or II of 
                                the LRTAP POPs Protocol is 
                                necessary to protect against 
                                hazards, including exposure, to 
                                human health and the 
                                environment associated with the 
                                chemical substance or mixture; 
                                and
                                    (II) the Administrator has 
                                not taken action in accordance 
                                with paragraph (2).
                            (vi) Costs.--In issuing any final 
                        order in a civil action under clause 
                        (i), the court may award costs of suit 
                        and reasonable fees for attorneys and 
                        expert witnesses if the court 
                        determines that such an award is 
                        appropriate.
                            (vii) Savings clause.--The remedies 
                        under this section shall be in addition 
                        to, and not in lieu of, other remedies 
                        provided by law.
            (4) Deadline for regulations.--
                    (A) In general.--Not later than 18 months 
                after commencing a rulemaking under this 
                subsection, the Administrator shall--
                            (i) promulgate final regulations 
                        prohibiting or restricting the 
                        manufacture, processing, distribution 
                        in commerce for export, use, or 
                        disposal of the chemical substance or 
                        mixture to be listed in Annex A or B to 
                        the POPs Convention or Annex I or II of 
                        the LRTAP POPs Protocol; or
                            (ii) decide not to promulgate a 
                        final rule.
                    (B) Decision not to promulgate.--If the 
                Administrator decides not to commence or 
                promulgate a final rule, the Administrator 
                shall publish within 30 days a statement in the 
                Federal Register explaining the reasons for not 
                promulgating or commencing the final rule.
            (5) Sole procedure.--
                    (A) In general.--No other rulemaking 
                procedure under this Act shall apply to 
                regulations promulgated under this section.
                    (B) Rulemaking.--Regulations promulgated by 
                the Administrator under this title shall comply 
                with section 553 of title 5, United States Code 
                (without regard to any reference in that 
                section to sections 556 and 557 of that title).
            (6) No effect on other authority.--Nothing in this 
        subsection affects the authority of the Administrator 
        to regulate a chemical substance or mixture under any 
        other law or any other provision of this Act.
            (7) Interim statement.--
                    (A) Applicability.--This paragraph applies 
                if the Administrator has not commenced a 
                rulemaking under paragraph (2) by the date that 
                is 1 year after the date on which--
                            (i) a decision is made by the 
                        Conference to list a chemical substance 
                        or mixture in Annex A or B of the POPs 
                        Convention; or
                            (ii) a decision is made by the 
                        parties to the LRTAP POPs Protocol to 
                        list a chemical substance or mixture in 
                        Annex I or II to the LRTAP POPs 
                        Protocol.
                    (B) Statement.--If the Administrator has 
                not commenced a rulemaking as described in 
                subparagraph (A), the Administrator shall 
                publish annually in the Federal Register a 
                statement that--
                            (i) describes the actions taken by 
                        the Administrator with respect to the 
                        listing decision; and
                            (ii) characterizes actions likely 
                        to be taken by the Administrator with 
                        respect to the commencement of a 
                        rulemaking under paragraph (2).
    (i) Harmonization of POPs Convention and LRTAP POPs 
Protocol.--
            (1) In general.--If a chemical substance or mixture 
        is both a POPs chemical substance or mixture and a 
        LRTAP POPs chemical substance or mixture, in the case 
        of a conflict between a provision of this section 
        applicable to a POPs chemical substance or mixture and 
        a provision of this section applicable to a LRTAP POPs 
        chemical substance or mixture, the more stringent 
        provision shall apply, as determined by the 
        Administrator with the concurrence of the Secretary of 
        State.
            (2) Application.--In the case of chemical substance 
        or mixture described in paragraph (1), this section 
        shall be applied in such a manner as to ensure that the 
        United States is in compliance with the POPs Convention 
        and the LRTAP POPs Protocol with respect to the 
        chemical substance or mixture.

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

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

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

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

SEC. 505. EXPORTS.

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

SEC. 506. JUDICIAL REVIEW.

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