[House Report 109-714]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-714

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



 
           STOCKHOLM AND ROTTERDAM TOXICS TREATY ACT OF 2006

                                _______
                                

 November 15, 2006.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4591]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4591) 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, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................    17
Background and Need for Legislation..............................    17
Hearings.........................................................    20
Committee Consideration..........................................    20
Committee Votes..................................................    20
Committee Oversight Findings.....................................    24
Statement of General Performance Goals and Objectives............    24
New Budget Authority, Entitlement Authority, and Tax Expenditures    24
Committee Cost Estimate..........................................    24
Congressional Budget Office Estimate.............................    24
Federal Mandates Statement.......................................    25
Advisory Committee Statement.....................................    26
Constitutional Authority Statement...............................    26
Applicability to Legislative Branch..............................    26
Section-by-Section Analysis of the Legislation...................    26
Changes in Existing Law Made by the Bill, as Reported............    32
Dissenting Views.................................................    58

                               AMENDMENT

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.

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

         ``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

``SEC. 501. DEFINITIONS.

  ``In this title:
          ``(1) Conference.--The term `Conference' means the Conference 
        of the Parties established by paragraph 1 of Article 19 of the 
        POPs Convention.
          ``(2) Conference listing decision.--The term `Conference 
        listing decision' means a decision by the Conference to approve 
        an amendment to list a chemical substance or mixture in Annex A 
        or B to the POPs Convention.
          ``(3) Executive body.--The term `Executive Body' means the 
        Executive Body established by Article 10 of the LRTAP 
        Convention.
          ``(4) Executive body decision 1998/2.--The term `Executive 
        Body Decision 1998/2' means the decision of the Executive Body 
        titled `Executive Body Decision 1998/2 on Information to Be 
        Submitted and the Procedure for Adding Substances to Annexes I, 
        II, or III to the Protocol on Persistent Organic Pollutants' 
        and any other Executive Body decision done pursuant to Article 
        14 of the LRTAP POPs Protocol.
          ``(5) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541), and any subsequent 
        amendment to which the United States consents to be bound.
          ``(6) LRTAP pops chemical substance or mixture.--The term 
        `LRTAP POPs chemical substance or mixture' means one of the 
        following chemical substances or mixtures, as defined in 
        section 3:
                  ``(A) Aldrin.
                  ``(B) Chlordane.
                  ``(C) Chlordecone.
                  ``(D) Dichlorodiphenyltrichloroethane (DDT).
                  ``(E) Dieldrin.
                  ``(F) Endrin.
                  ``(G) Hexachlorocyclohexane (HCH).
                  ``(H) Heptachlor.
                  ``(I) Hexachlorobenzene.
                  ``(J) Hexabromobiphenyl.
                  ``(K) Mirex.
                  ``(L) Polychlorinated biphenyls (PCBs).
                  ``(M) Toxaphene.
                  ``(N) Any chemical substance or mixture that is 
                listed on Annex I or Annex II of the LRTAP POPs 
                Protocol.
          ``(7) LRTAP pops protocol.--The term `LRTAP POPs Protocol' 
        means the Protocol on Persistent Organic Pollutants to the 
        LRTAP Convention, done at Aarhus on June 24, 1998, and any 
        subsequent amendment to which the United States consents to be 
        bound.
          ``(8) PIC convention.--The term `PIC Convention' means the 
        Rotterdam Convention on the Prior Informed Consent Procedure 
        for Certain Hazardous Chemicals and Pesticides in International 
        Trade, done at Rotterdam on September 10, 1998, and any 
        subsequent amendment to which the United States consents to be 
        bound.
          ``(9) Pops chemical substance or mixture.--The term `POPs 
        chemical substance or mixture' means one of the following 
        chemical substances or mixtures, as defined in section 3:
                  ``(A) Aldrin.
                  ``(B) Chlordane.
                  ``(C) Dichlorodiphenyltrichloroethane (DDT).
                  ``(D) Dieldrin.
                  ``(E) Endrin.
                  ``(F) Heptachlor.
                  ``(G) Hexachlorobenzene.
                  ``(H) Mirex.
                  ``(I) Polychlorinated biphenyls (PCBs).
                  ``(J) Toxaphene.
                  ``(K) Any other chemical substance or mixture that is 
                listed in Annex A or B to the POPs Convention.
          ``(10) Pops convention.--The term `POPs Convention' means the 
        Stockholm Convention on Persistent Organic Pollutants, done at 
        Stockholm on May 22, 2001, and any subsequent amendment to 
        which the United States consents to be bound.
          ``(11) Pops review committee.--The term `POPs Review 
        Committee' means the Persistent Organic Pollutants Review 
        Committee established under paragraph 6 of Article 19 of the 
        POPs Convention.

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

  ``(a) Prohibition.--Except as otherwise provided in this title, no 
person may manufacture, process, distribute in commerce for export, 
use, or dispose of a POPs chemical substance or mixture listed in 
section 501(9) (A), (B), (C), (D), (E), (F), (G), (H), or (J), or a 
LRTAP POPs chemical substance or mixture listed in section 501(6)(A), 
(B), (C), (D), (E), (F), (G), (H), (I), (J), (K), or (M).
  ``(b) Exceptions.--The Administrator may by rule provide for 
exceptions to the prohibition under subsection (a) where such 
exceptions are not inconsistent with the obligations of the United 
States under the POPs Convention or the LRTAP POPs Protocol.
  ``(c) PCBs.--The Administrator may issue or amend rules for the 
purpose of United States compliance with the provisions of the POPs 
Convention or the LRTAP POPs Protocol related to polychlorinated 
biphenyls through rules duly promulgated through notice and comment 
rulemaking under section 6(e) or other applicable Federal law.

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

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

``SEC. 504. AMENDMENTS AND CONSULTATION.

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

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

  ``In cooperation with the Secretary of State and the head of any 
other appropriate Federal agency, the Administrator shall--
          ``(1) participate and cooperate in any international efforts 
        on chemical substances and mixtures;
          ``(2) participate in technical cooperation and capacity 
        building activities designed to support implementation of--
                  ``(A) the POPs Convention;
                  ``(B) the LRTAP POPs Protocol; and
                  ``(C) the PIC Convention; and
          ``(3) publish in the Federal Register timely advance notice 
        of the known schedule and agenda of meetings on the POPs 
        Convention, PIC Convention, and LRTAP POPs Protocol, and their 
        subsidiary bodies, at which the United States will be 
        represented.

``SEC. 506. EFFECT OF REQUIREMENTS.

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

``SEC. 507. RULES OF CONSTRUCTION.

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

SEC. 3. POLYCHLORINATED BIPHENYLS (PCBS).

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

SEC. 4. JUDICIAL REVIEW.

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

SEC. 5. EXPORTS.

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

SEC. 6. CONFORMING AMENDMENTS.

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

         ``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

``Sec. 501. Definitions
``Sec. 502. Implementation of POPs Convention and LRTAP POPs Protocol
``Sec. 503. Notice, information, rulemaking, and exemptions
``Sec. 504. Amendments and consultation
``Sec. 505. International cooperation and notice of meetings
``Sec. 506. Effect of requirements
``Sec. 507. Rules of construction''.

  (b) Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) 
is amended in subsections (a) and (b) by striking ``title IV'' each 
place it appears and inserting ``title IV or title V''.
  (c) Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) 
is amended--
          (1) in paragraph (1), by inserting ``or any requirement 
        prescribed under title V or rule or order promulgated or issued 
        under title V'' after ``under title II''; and
          (2) in paragraph (2), by inserting ``, or any requirement 
        prescribed under title V or rule or order promulgated or issued 
        under title V'' after ``under section 5 or 7''.
  (d) Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) 
is amended--
          (1) in subsection (a)(1)--
                  (A) by striking subparagraph (B) and inserting the 
                following:
          ``(B) restrain any person from taking any action prohibited 
        by section 5 or 6, or title IV or V (or a rule or order issued 
        under any of those sections or titles);'';
                  (B) in subparagraphs (A) and (C), by striking the 
                comma at the end and inserting a semicolon; and
                  (C) in subparagraph (D)--
                          (i) by striking ``title IV manufactured'' and 
                        inserting ``title IV or V manufactured''; and
                          (ii) by striking ``section 5, 6, or title 
                        IV'' each place it appears and inserting 
                        ``section 5 or 6, or title IV or V''; and
          (2) in the first sentence of subsection (b), by inserting 
        ``or V'' after ``title IV''.
  (e) Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) 
is amended--
          (1) by amending subsection (a)(2)(B) to read as follows:
          ``(B) if--
                  ``(i) the Administrator prescribes a rule or order 
                under section 5 or 6 (other than a rule imposing a 
                requirement described in subsection (a)(6) of section 
                6) which is applicable to a chemical substance or 
                mixture, and which is designed to protect against a 
                risk of injury to health or the environment associated 
                with such substance or mixture; or
                  ``(ii) the United States has consented to be bound 
                under the POPs Convention or LRTAP POPs Protocol with 
                respect to a POPs chemical substance or mixture or 
                LRTAP POPs chemical substance or mixture (as defined in 
                section 501),
        no State or political subdivision of a State may, after the 
        effective date of such rule or order or consent, establish or 
        continue in effect any requirement, which is applicable to such 
        substance or mixture, or an article containing such substance 
        or mixture, and which is designed to protect against a risk of 
        injury to health or the environment associated with such 
        substance or mixture that the rule, order, or consent is 
        designed to protect against, unless such requirement is 
        identical to the requirement prescribed by the Administrator, 
        is adopted under the authority of the Clean Air Act or any 
        other Federal law, or prohibits the use of such substance or 
        mixture in such State or political subdivision (other than its 
        use in the manufacture or processing of other substances or 
        mixtures).''; and
          (2) by adding at the end the following new subsection:
  ``(c) Savings.--Nothing in this section shall be construed to 
authorize a State to act in a manner that causes the United States to 
be out of compliance with its obligations under the POPs Convention or 
LRTAP POPs Protocol. For purposes of this section, the terms `POPs 
Convention' and `LRTAP POPs Protocol' have the meaning given those 
terms in section 501.''.

                          Purpose and Summary

    The purpose of H.R. 4591, the Stockholm and Rotterdam 
Toxics Treaty Act of 2005, is to implement the Stockholm 
Convention on Persistent Organic Pollutants (POPs), the 
Protocol on Persistent Organic Pollutants to the Convention on 
Long-Range Transboundary Air Pollution (LRTAP), and the 
Rotterdam Convention on the Prior Informed Consent Procedure 
for Certain Hazardous Chemicals and Pesticides in International 
Trade (PIC).

                  Background and Need for Legislation

    Persistent organic pollutants (POPs) are toxic chemicals 
that adversely affect human health and the environment around 
the world. Because they can be transported by wind and water, 
most POPs generated in one country can affect people and 
wildlife far from where they are used and released. They 
persist for long periods of time in the environment and can 
accumulate and pass from one species to the next through the 
food chain. To address this global concern, the U.S. negotiated 
and signed onto three international agreements to address POPs 
in the last decade: (1) the 2001 Stockholm Convention on 
Persistent Organic Pollutants; (2) the 1998 Aarhus Protocol on 
Persistent Organic Pollutants (POPs Protocol) to the 1979 
Geneva Convention on Long-Range Transboundary Air Pollution 
(LRTAP); and (3) the 1998 Rotterdam Convention on the Prior 
Informed Consent Procedure for Certain Hazardous Chemicals and 
Pesticides in International Trade (PIC Convention).
    Currently, the U.S. is a signatory on all three agreements. 
However, in order for the U.S. to become a binding and full 
partner to these treaties and play a meaningful role and secure 
its interests in future meetings, especially as control 
measures for additional chemicals are proposed, the Senate must 
give its advice and consent on the POPs and PIC Conventions, 
and Congress must enact enabling (also known as 
``implementing'') legislation so that current law can be 
amended to be in full compliance with the agreements. Since the 
LRTAP POPs Protocol is considered to be an executive agreement 
and amends a broader treaty to which the U.S. is already a 
party, the POPs Protocol does not require Senate approval.
    At present, U.S. environmental laws, primarily the Toxic 
Substances Control Act (TSCA) and the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) authorize most 
Environmental Protection Agency (EPA) activities that are 
necessary to fulfill commitments under these three 
international agreements. Therefore, the U.S. is, in large 
part, already fulfilling many of the obligations of these three 
international agreements, either because it has taken the legal 
and administrative measures necessary to eliminate production 
and use of the listed chemicals, or because nearly all 
production and use of these chemicals have otherwise ceased. 
New legislation is needed, however, to authorize EPA 
implementation of a few treaty provisions.
    The Administration and most other stakeholders have 
suggested that it is important to have implementing legislation 
in place as soon as possible. Ratification and U.S. compliance 
with these international treaties will allow the U.S. to 
participate as a full party to these treaties. Absent 
ratification, the U.S. is relegated to participation as an 
observer, not as a party, in formal meetings that discuss 
additional substances or mixtures to be proposed for listing.
    H.R. 4591 seeks to address certain limitations to existing 
statutes and regulations of chemicals for the U.S. to be in 
full compliance with the terms of these international 
agreements. While there is virtual agreement on treatment of 
the initial chemical substances under the treaties, there are 
questions concerning the addition of new chemicals in the 
future.
    For the listing of new chemicals under the POPs Convention 
and LRTAP POPs Protocol, it is difficult to know what domestic 
implementing regulations or laws might be necessary based on a 
future addition of a chemical or other amendment to these 
treaties to which the United States might ``opt-in.'' How a 
given party determines its positions on amendments is fully a 
matter of domestic law. While nothing in the POPs or LRTAP POPs 
agreements dictate that compliance be through regulations 
issued from an agency as opposed to action by Congress, H.R. 
4591 nonetheless sets out additional rulemaking authority that 
the EPA Administrator may use with respect to chemicals added 
to the treaty lists in the future. The international body under 
POPs and LRTAP POPs would propose such chemicals or other new 
amendments and decisions through an international process 
intended to be consensus in nature of which the U.S. would be a 
participant. During this process, these proposals would not 
automatically impose any new restrictions in the U.S. on new 
chemicals. Once the international body has voted to add a new 
chemical, this proposal would also not automatically impose any 
new restrictions in the U.S. on that chemical without U.S. 
consent, also known as the ``opt-in.'' Additionally, the 
agreements do not prevent the U.S. from acting to regulate 
these substances (or not) using its own authority.
    Currently, TSCA Section 6 details the rule-making procedure 
for chemicals found to present an unreasonable risk. The 
procedure combines notice and opportunity for public comment 
consistent with the Administrative Procedure Act (5 U.S.C. 
Sec. 553), and an opportunity for an informal hearing. In 
addition, the TSCA regulatory procedure requires that EPA 
consider and publish a statement with respect to the health and 
environmental effects of the chemical, the magnitude of human 
and environmental exposure to the chemical, the benefits of the 
chemical for various uses, the availability of substitutes, and 
``reasonably ascertainable economic consequences of the rule, 
after consideration of the effect on the national economy, 
small business, technological innovation, the environment, and 
public health.''
    The final chemical rule must be based on ``the matter in 
the rulemaking record (as defined in section 19(a)),'' which 
includes the rule, the EPA Administrator's finding that the 
chemical presents an unreasonable risk, the cost-benefit 
statement, the hearing transcript, any written submission of 
interested parties, and other relevant material.
    Below is a brief discussion of each of the agreements that 
H.R. 4591 seeks to implement:
    Stockholm Convention on Persistent Organic Pollutants (POPs 
treaty): Under the auspices of the United Nations (U.N.), the 
U.S. began negotiating this treaty in 1995 and officially 
signed onto this agreement with 90 other countries and the 
European Union in May 2001. Under the POPs treaty, countries 
agree to reduce or eliminate the production, use, and release 
of 12 key POPs, which include nine pesticides (aldrin, 
chlordane, DDT, dieldrin, endrin, heptachlor, 
hexachlorobenzene, mirex, and toxaphene), and three industrial 
chemicals, (PCBs and unintentional by-products (dioxins and 
furans) of industrial and combustion processes). The Stockholm 
POPs Convention entered into force on May 17, 2004, and the 
first meeting of the Parties to the POPs Convention, at which 
the composition of the POPs Review Committee and the rules of 
procedure were established, took place in May 2005. One hundred 
thirty countries have now ratified the Convention.
    Long-Range Transboundary Air Pollution (LRTAP) POPs 
Protocol: Not a treaty, this accord was completed in Aarhus, 
Denmark in February 1998, and is a regional agreement that 
seeks ``to control, reduce or eliminate discharge, emissions 
and losses of persistent organic pollutants'' in Europe, some 
former Soviet Union countries, and the U.S. This agreement is a 
legally binding protocol on POPs under the Geneva Convention on 
Long-Range Transboundary Air Pollution, the objective of which 
is to control, reduce, or eliminate discharges, emissions, and 
losses of persistent organic pollutants. The LRTAP POPs 
Protocol regulates 16 compounds, banning the production and use 
of 8 (aldrin, chlordane, dieldrin, endrin, hexabromobiphenyl, 
kepone (chlordecone), mirex, and toxaphene), banning or 
significantly restricting production and use of 
hexachlorobenzene, heptachlor, PCBs, DDT, and lindane, and 
applying limits to air emissions from major stationary sources 
of dioxins (polychlorinated dibenzo-p-dioxins), furans 
(polychlorinated dibenzofurans), hexachlorobenzene, and 
polycyclic aromatic hydrocarbons.
    The LRTAP POPs Protocol went into force on October 23, 
2003. The LRTAP Executive Body met in December 2003, and issued 
a number of framework decisions for the operation of the LRTAP 
POPs Protocol that are now in force. The LRTAP POPs Protocol 
will not require Senate advice and consent, only implementing 
legislation. Once that legislation is enacted, the U.S. will be 
able to join the Protocol.
    Rotterdam Convention on Prior Informed Consent (PIC): In 
1998, under the auspices of the United Nations, the U.S. 
negotiated with 100 other countries at a conference in 
Rotterdam on an agreement that turned a voluntary international 
program into a legally binding procedure known as the ``Prior 
Informed Consent procedure for certain hazardous chemicals and 
pesticides in international trade.'' Under PIC, importing 
countries should receive shipments of banned or severely 
restricted substances, such as pesticides, only after they have 
had an opportunity to make an informed decision about them.
    The PIC Convention entered into force on February 24, 2004. 
Entry into force triggered a required meeting of the Conference 
of the Parties (COP). The PIC Conference of the Parties took on 
a number of important decisions at the first meeting on issues 
including the Convention's non-compliance regime, the rules of 
procedure (including which COP decisions need to be taken by 
consensus, which is significant for the U.S.), and the 
organization of the Chemical Review Committee that will 
consider chemicals for addition to the Convention's Annex III.

                                Hearings

    The Subcommittee on Environment and Hazardous Materials 
held a hearing on ``Legislation to Implement the POPs, PIC, and 
LRTAP POPs Agreements'' on March 2, 2006. The Subcommittee 
received testimony from: The Honorable Claudia A. McMurray, 
Assistant Secretary for Oceans and International Environmental 
and Scientific Affairs, U.S. Department of State; Mrs. Susan B. 
Hazen, Principal Deputy Assistant Administrator, Office of 
Prevention, Pesticides, and Toxic Substances, U.S. 
Environmental Protection Agency; Mr. Michael P. Walls, Managing 
Director, Regulatory and Technical Affairs Department, American 
Chemistry Council; Mr. Steven Goldberg, Vice President and 
Associate General Counsel, Regulatory Law & Government Affairs, 
Crop Life America; Mr. Jim Roewer, Executive Director, the 
Utility Solid Waste Activities Group; Mr. E. Donald Elliott, 
Partner, Wilkie and Gallagher, LLP; Dr. Lynn R. Goldman, 
Professor, Environmental Health Sciences, Bloomberg School of 
Public Health, Johns Hopkins University; Ms. Claudia Polsky, 
Deputy Attorney General, Environmental Section, California 
Department of Justice; Mr. Brooks B. Yeager, Visiting Fellow, 
H. John Heinz III Center for Science, Economics, and the 
Environment; and Mr. Glenn M. Wiser, Senior Attorney, Center 
for International Environmental Law.

                        Committee Consideration

    On Thursday, May 18, 2006, the Subcommittee on Environment 
and Hazardous Materials met in open markup session and approved 
H.R. 4591 for full Committee consideration, amended, by a 
record vote of 15 yeas to 10 nays, a quorum being present. On 
Wednesday, July 12, 2006, the Committee on Energy and Commerce 
met in open markup session and ordered H.R. 4591 favorably 
reported to the House, amended, by a recorded vote of 28 yeas 
and 15 nays, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Barton to order H.R. 4591 reported favorably to 
the House, amended, was agreed to by a record vote of 28 yeas 
and 15 nays.


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Subcommittee on Environment and 
Hazardous Materials held a legislative hearing and made 
findings that are reflected in this report.

         Statement of General Performance Goals and Objectives

    The goal of H.R. 4591 is 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.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4591, the Stockholm and Rotterdam Toxics Treaty Act of 2005, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 3, 2006.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4591, the 
Stockholm and Rotterdam Toxics Treaty Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman and Leigh Angres.
    Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 4591--Stockholm and Rotterdam Toxics Treaty Act of 2006

    H.R. 4591 would amend the Toxic Substances Control Act to 
authorize the Environmental Protection Agency (EPA) to 
implement provisions of three international environmental 
agreements: the Stockholm Convention on Persistent Organic 
Pollutants (POPs Convention), the Protocol to the 1979 
Convention on Long-Range Transboundary Air Pollution for POPs 
(POPs Protocol to LRTAP), and the Rotterdam Convention on the 
Prior Informed Consent Procedure for Certain Hazardous 
Chemicals and Pesticides in International Trade (PIC 
Convention). 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 H.R. 4591 would cost $10 
million over the next five years, assuming appropriation of the 
necessary amounts. Funds would support additional personnel 
that would be needed at EPA under this legislation. While EPA 
currently regulates many of the chemicals that would be 
affected by these agreements, implementing this legislation 
would result in additional responsibilities for EPA. 
Specifically, EPA would participate in the international 
process for determining whether additional chemicals should be 
prohibited or restricted from use under the agreements. The 
agency would then oversee the process necessary to meet any 
prohibitions or restrictions of the use of chemicals that the 
United States chooses to pursue. EPA's duties would include 
issuing public notices following decisions by the committees 
established under the agreements and developing and enforcing 
regulations when necessary. In establishing regulations, EPA 
would be required to conduct an analysis of the environmental 
and health benefits and risks, the economic consequences, and 
the national and international effects of regulating or banning 
certain chemicals.
    Based on information from EPA, CBO estimates that these 
activities would cost about $2 million a year, subject to the 
availability of appropriated funds. Enacting H.R. 4591 would 
not affect direct spending or revenues.
    Section 4 of the Unfunded Mandates Reform Act excludes from 
the application of that act any legislative provisions that are 
necessary for the ratification or implementation of 
international treaty obligations. H.R. 4591 would implement the 
following treaties: POPs Convention, PIC Convention, and POPs 
Protocol to LRTAP. CBO has determined that because this bill 
would implement three environmental treaties, it falls within 
that exclusion. CBO has thus not reviewed the bill for 
intergovernmental or private-sector mandates.
    The CBO staff contacts for this estimate are Susanne S. 
Mehlman and Leigh Angres. This estimate was approved by Peter 
H. Fontaine, Deputy Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 establishes the short title of the legislation as 
the ``Stockholm and Rotterdam Toxics Treaty Act of 2006.''

Section 2. Implementation of international agreements

    Section 2 amends the Toxic Substances Control Act by adding 
a new Title V, Implementation of International Agreements in 
TSCA.

Section 501. Definitions

    New Section 501 containing definitions for newly introduced 
terms for Title V under TSCA.

Section 502. Implementation of POPS Convention and LRTAP POPS Protocol

    New Section 502 prohibits the manufacture, process, 
distribution in commerce for export, use, or disposal of 
defined POPs (aldrin, chlordane, 
dichlorodiphenyltrichloroethane (DDT), dieldrin, endrin, 
heptachlor, hexachlorobenzene, mirex, and toxaphene) or LRTAP 
POPs (aldrin, chlordane, chlordecone, 
dichlorodiphenyltrichloroethane (DDT), dieldrin, endrin, 
hexachlorocyclohexane, heptachlor, hexachlorobenzene, 
hexabromobiphenyl, mirex, and toxaphene) chemical substance or 
mixtures.
    New section 502(c) addresses PCBs, also a defined POPs and 
LRTAP POPs chemical substance. H.R. 4591 authorizes the 
Administrator of EPA to issue or amend rules under TSCA section 
6(e), the current regulatory regime for PCBs, or other 
applicable law, for the purpose of complying with PCB 
provisions of the POPs Convention or LRTAP POPs Protocol.

Section 503. Notice, information, rulemaking, and exemptions

    New Section 503 sets up a mandatory notice and comment 
procedure triggered by the formal actions of the international 
body (POPs Review Committee or Executive Body under LRTAP) 
regarding a new chemical substance or mixture that has been 
proposed to be added, as outlined in the respective 
international agreement. Each notice and comment procedure 
corresponds with various, established stages in the 
international process, (first round is triggered after 
screening criteria is met or risk profile submitted, second 
after further consideration of chemical substance or mixture is 
warranted, and third after a conference recommendation 
concerning a listing or completion of a technical review).
    New Section 503 requires that for each required round of 
notice and public comment, the Administrator has 60 days to 
publish a notice and sets out various information pieces to be 
included in the notice as well as the types of information to 
be requested.
    New Section 503(d) also grants to the Administrator 
discretionary information gathering authority relating to any 
of the newly proposed POPs or LRTAP POPs chemical substances or 
mixtures subject to the notice and comment provisions, 
including for collection of information on annual quantities of 
the proposed chemical produced, the uses of such chemical, and 
the approximate releases into the environment. Section 
503(d)(3), however, requires updates of information if the 
Administrator determines that an update of previously submitted 
information is necessary.
    Upon a vote of the international body to add a new chemical 
substance or mixture to the list of chemical substances or 
mixtures that are to be banned or severely restricted under 
either the POPs Convention or LRTAP POPs Protocol, new Section 
503(e) establishes a domestic rulemaking framework that is 
intended to allow the Administrator to issue regulations to 
bring the United States into compliance with its obligations 
under these agreements. The Administrator may issue rules to 
protect human health and the environment in a manner that 
achieves a reasonable balance of social, environmental, and 
economic costs and benefits, only to the extent necessary to 
meet the obligations of the U.S. under the Conventions. The 
Committee intends to set the legal authority of ``protecting 
human health and the environment,'' but choosing means of such 
protection that reasonably balance costs and benefits is 
reserved to the Administrator. The Administrator should make 
every effort under this standard to ensure that the protection 
of human health and the environment is satisfied when 
attempting to balance social, environmental, and economic costs 
and benefits for purposes of meeting its obligations under the 
Conventions. The language is clear that the Administrator can 
use both qualitative and quantitative considerations in making 
evaluations. The standard asks the Administrator to choose a 
manner of protecting human health and the environment that 
``achieves a reasonable balance of social, environmental, and 
economic costs and benefits.'' The Committee believes there is 
a distinction between the basic goal of the Stockholm 
Convention--protection of human health and the environment--and 
the assessment of appropriate means or measures to address this 
goal, specifically reflected in Annex F of the POPs Convention. 
This rulemaking standard reflects that distinction.
    New Section 503(e) also establishes considerations for the 
Administrator to use when promulgating rules based on assessing 
the effects and the impact of exposure to the proposed 
chemical. The Committee is especially concerned about the 
application of scientific studies and practices in any 
rulemaking. The Committee believes that sound and objective 
scientific studies, regardless of source or origin, must be the 
basis by which any regulatory determinations are made. The use 
of sound and objective scientific practices is not new to 
Federal environmental law, including its application to Section 
1412 of the Safe Drinking Water Act and Executive Order 12866, 
as issued by President Clinton.
    New Section 503(e)(4) directs the Administrator to use 
sound and objective scientific practices in assessing risks and 
effects, and further directs the Administrator to determine the 
weight of the scientific evidence concerning such risks based 
on the best available scientific information, including peer-
reviewed studies in the rulemaking record. The term ``weight of 
the evidence'' is expressly used in the 1997 Final Report of 
the Presidential/Congressional Commission on Risk Assessment 
and Risk Management. The language is based, in part, on the 
Commissions recommendations. On page 4 of that report the 
Commission states: ``A good risk management decision . . . is 
based on a careful analysis of the weight of scientific 
evidence that supports conclusions about a problem's potential 
risks to human health and the environment.'' On page 23 of that 
report the Commission states: ``Making judgments about risk on 
the basis of scientific information is called `evaluating the 
weight of the evidence.' . . . It is important that risk 
assessors respect the objective scientific basis of risk and 
procedures for making inferences in the absence of adequate 
data.'' On page 38 of that report the Commission states: ``Risk 
assessors and economists are responsible for providing 
decision-makers with the best technical information available 
or reasonably attainable, including evaluations of the weight 
of the evidence that supports different assumptions and 
conclusions.''
    New Section 503(f) lists POPs Convention-based and new 
Section 503(g) enumerates LRTAP POPs Protocol-based ``use 
specific'' or ``acceptable purpose'' exemptions, as well as 
other exemptions, for the prohibitions and restrictions 
identified in new Section 502, including exemptions for 
unintentional trace contaminants, research, constituent of 
article in use, and export exemptions. As will be pointed out 
later in this report, new Section 507 provides that nothing in 
the legislation shall be construed to mandate that the United 
States register for an exemption under the POPs Convention.
    Of note, regarding the disposal of LRTAP substances, 
enactment of new Sections 503(g)(1)(H) and 503(g)(1)(I) of H.R. 
4591, are able to be met utilizing existing authorities, 
including, as appropriate, the Resource Conservation and 
Recovery Act. The Committee wants to make clear that it does 
not want to create the impression that a new regulatory 
standard is being created or set for them.
    In addition, regarding the prohibitions and exemptions 
afforded in new Section 503, the Committee is concerned that 
future ban or restriction of some Persistent Organic Pollutants 
could become an issue in the United States' ability to combat 
potential threats to public health. As is stated before, the 
Committee intends for the EPA Administrator to have maximum 
flexibility, including the ability under the Administrative 
Procedure Act to amend any regulation put into place under this 
statute restricting the use of a POP in the event that the 
ability to protect U.S. public health is severely threatened by 
this restriction.
    New Section 503(h) creates a harmonization standard for 
treatment of exemptions for chemical substances or mixtures 
under the POPs Convention and LRTAP POPs Protocol. Under new 
Section 503(h), if there is a conflict between a specified 
exemption under POPs or LRATP POPs, the more stringent 
provision, as determined by the Administrator, with the 
concurrence of the Secretary of State, shall apply.
    New Section 503(i) requires the Administrator to publish in 
the Federal Register a decision regarding the POPs Convention's 
treatment of any new source categories that are not already 
listed under Section 112(c) of the Clean Air Act.
    New Section 503(j) requires the Administrator to publish a 
notice in the Federal Register within 90 days of developing an 
action plan under Article 5(a) of the POPs Convention.
    New Section 503(k) requires the Administrator, within one 
year of a final decision to add a new chemical substance or 
mixture by the parties to the POPs Convention or LRTAP POPs 
Protocol, to publish a notice in the Federal Register of 
either: (1) a decision to initiate a rulemaking process 
regarding a newly listed POPs or LRTAP POPs chemical substance 
or mixture, (2) a decision not to initiate a rulemaking and the 
reasons for this decision, or (3) the status of the 
Administrator's considerations on a rulemaking and its 
timeframe, if the Administrator has not made a decision to 
regulate the POPs or LRTAP POPs chemical substance or mixture.
    Importantly, the Committee wishes to make clear its 
position concerning H.R. 4591 and pharmaceuticals. H.R. 4591 is 
not intended to amend or affect any provision or application of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.). H.R. 4591 applies only to those chemical substances or 
mixtures that are: (1) covered by the treaties and (2) within 
the scope of the Toxic Substances Control Act (15 U.S.C. 2601 
et seq.).
    Finally, the Committee notes that new Section 503, as well 
as other provisions of H.R. 4591, contains numerous 
requirements on the Administrator of the EPA to obtain the 
``concurrence of the Secretary of State'' before taking 
necessary actions. The Committee views the use of the term 
``concurrence'' merely to ensure that actions by the 
Administrator under Title V will allow the United States to be 
in compliance with the POPs Convention, LRTAP POPs Protocol, 
and the PIC Convention. In no way does the Committee intend the 
use of the word ``concurrence'' to confer any type of new legal 
or other regulatory authority over environmental law, or its 
enforcement, to the Secretary of State.

Section 504. Amendments and consultation

    New Section 504(a) establishes a sense of the Congress that 
the U.S. shall consent to be bound to further amendments and 
additional chemical substances or mixtures only after 
depositing their instrument of ratification and utilizing the 
opt-in. The State Department and EPA have twice testified 
before the Subcommittee on Environment and Hazardous Materials 
that the White House, under the Clinton Administration, worked 
very hard to have the ``opt-in'' procedure added to Article 
22(b) of the POPs Convention and the present White House wishes 
to utilize the ``opt-in'' feature for future chemical 
substances or mixtures. New Section 504 is meant to reinforce 
the importance of the ``opt-in'' process and to alert future 
White House's of Congress's clear desire at the time of the 
passage of implementing legislation.
    New Section 504(b) also establishes consultation and 
reporting requirements with both Houses of Congress before the 
U.S. consents to be bound by any future amendment or additional 
chemical. Especially because of the potential impact of these 
treaties on the laws of the United States, new Section 504 is 
intended to ensure greater transparency by the Executive Branch 
in future efforts under these international agreements.

Section 505. International cooperation and notice of meetings

    New Section 505 establishes that the Administrator and 
other appropriate Federal agencies, such as State, shall 
participate and cooperate in any international efforts to 
develop improved capacity building and technical cooperation in 
support of these treaties.

Section 506. Effect of requirements

    New Section 506 establishes that any provision of TSCA that 
establishes a requirement to comply with, or is based on a 
provision of the POPs or PIC Convention or LRTAP POPs Protocol, 
shall be effective only to the extent that the U.S. has 
consented to be bound by that provision.

Section 507. Rules of construction

    New Section 507 provides that nothing in the legislation 
shall be construed to mandate that the United States register 
for an exemption under the POPs Convention.
    In addition, new Section 507 states that nothing in this 
title affects the authority of the Administrator to use TSCA or 
any Federal environmental law to regulate a chemical substance 
or mixture.

Section 3. Polychlorinated Biphenyls (PCBs)

    Section 3 amends Section 6(e) of TSCA to add a requirement 
that the Administrator may not issue a rule authorizing 
activities that were not previously authorized under TSCA 
Section 6(e) unless the activities are consistent with the 
activities (exemptions) authorized under new Sections 503(f) 
and (g). Further, Section 3 closes the gaps in current TSCA 
Section 6 in order for the U.S. to be in compliance with the 
POPs Convention for its obligations as they relate to PCBs.

Section 4. Judicial review

    Section 4 applies a ``substantial evidence'' standard of 
review for regulations issued under new Section 503(e). The 
application of a ``substantial evidence'' test for rulemaking 
under new Section 503(e) is wholly consistent with TSCA's 
current judicial review provisions for regulations issued under 
Sections 6(a) of TSCA, the other explicit regulatory authority 
provided in TSCA. In addition, the Committee does not wish to 
alter the provisions of existing law beyond what is essential 
to allow for full implementation of what the POPs, LRTAP POPs, 
and PIC Conventions requires. Since the other statute that must 
be amended for full implementation of these international 
agreements--the Federal Insecticide, Fungicide, and Rodenticide 
Act--also contains a ``substantial evidence'' test for judicial 
review, the Committee does not wish to have conflicting 
judicial review standards applied to the same domestic 
implementation legislation.

Section 5. Exports

    Section 5 establishes conditions for the export regime of 
PIC chemical substances or mixtures. It sets up requirements 
for pre-export notices, timing requirements for first export 
and subsequent exports, labeling and document requirements, and 
it also contains a streamlining and consolidation of notices 
section. Section 5 also establishes an Administrator-determined 
alternate time frame for exporters to request.

Section 6. Conforming amendments

    Section 6 makes five conforming amendments to harmonize its 
provisions with the existing provisions of TSCA. Section 6(a) 
amends TSCA Section 1, the Table of Contents to include the new 
Title V; Section 6(b) conforms TSCA Section 11, Inspections and 
Subpoenas, to include new Title V; Section 6(c) adds Title V to 
TSCA Section 15, Prohibited Acts; Section 6(d) applies new 
Title V to the provisions of TSCA Section 17, Specific 
Enforcement and Seizure; and Section 6(e) amends TSCA Section 
18, Preemption, to have it conform to new Title V.
    Regarding the changes to TSCA Section 18 called for in 
Section 6(e), States can still impose stricter standards for 
POPs or LRTAP POPs chemical substances or mixtures on top of 
the Federal standards issued under new Section 503(e) if the 
State or municipal law is adopted under the authority of the 
Clean Air Act or any other Federal law, if the State or 
municipality bans the POPs or LRTAP POPs chemical substance or 
mixture, or if the State or municipal law is the same as the 
Federal law. If a State or municipal law does not qualify under 
these direct exemptions, the State or municipality may petition 
the Administrator to continue its law. The Committee notes that 
in the last 30 years the only time EPA denied a petition under 
TSCA Section 18, EPA took the subject of the individual State's 
petition and made a national regulation out of it, thus public 
health protections have never been rejected by EPA under TSCA 
section 18. Of note, this petition is the only one that EPA has 
received under that Section.
    The Committee notes that because TSCA's wide sweep 
regulates manufacturing and distribution of chemicals, a 
procedure has been in place for three decades that ensures 
State and local laws do not, through difficulties in marketing, 
distribution, or other factors, unduly burden interstate 
commerce when a Federal rule or order is in place. In addition, 
States remain able to impose their own standards and have 
``blank check'' authority over non-POPs, non-LRTAP POPs, or 
non-TSCA chemical substances or mixtures.
    Further, because H.R. 4591 is implementing legislation for 
the POPs Convention and the LRTAP POPs Protocol, the Savings 
Clause of Section 6(e) clarifies that this section does not 
authorize State actions that would place the United States out 
of compliance with these international environmental accords. 
This treaty implementation language is intended to ensure that 
State laws restricting manufacturing and distribution in 
commerce are in line with the minimum obligations that are 
required to for the United States to be in full compliance with 
these treaties. The Committee believes that altering the 
existing process in TSCA could possibly lead to a patch work 
set of laws that, according the Department of State, could lead 
to multiple interpretations of what is less stringent than 
federal regulations, resulting in states taking actions without 
notification to the Federal government.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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

                  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''.

                            TABLE OF CONTENTS

                  TITLE I--CONTROL OF TOXIC SUBSTANCES

     * * * * * * *

           TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

Sec. 501. Definitions
Sec. 502. Implementation of POPs Convention and LRTAP POPs Protocol
Sec. 503. Notice, information, rulemaking, and exemptions
Sec. 504. Amendments and consultation
Sec. 505. International cooperation and notice of meetings
Sec. 506. Effect of requirements
Sec. 507. Rules of construction

           *       *       *       *       *       *       *


SEC. 6. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.

    (a) * * *

           *       *       *       *       *       *       *

    (e) Polychlorinated Biphenyls.--(1) * * *
    (2)(A) * * *

           *       *       *       *       *       *       *

  (D) The Administrator may not, after the date of enactment of 
this subparagraph, issue a rule authorizing activities, that 
were not previously authorized, under subparagraph (B) unless 
the activities authorized are consistent with the exemptions 
described in section 503(f) or (g), subject to section 503(h).
      (3)(A) * * *

           *       *       *       *       *       *       *

  (D) The Administrator may not, after the date of enactment of 
this subparagraph, grant an exemption under subparagraph (B) 
unless the manufacturing, processing, or distribution in 
commerce with respect to which such exemption applies is 
consistent with the exemptions described in section 503(f) or 
(g), subject to section 503(h).

           *       *       *       *       *       *       *

  (6) Notwithstanding any other provision of this subsection, 
no person may distribute in commerce for export equipment 
(including transformers, capacitors, and other receptacles) 
containing greater than 0.05 liters of liquid stock that 
contains greater than 0.005 percent polychlorinated biphenyls, 
except for the purpose of environmentally sound waste 
management to the extent that such distribution in commerce for 
export is authorized by Federal law.

           *       *       *       *       *       *       *


SEC. 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 title 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 title V within such premises or 
conveyance have been complied with.

           *       *       *       *       *       *       *


SEC. 12. EXPORTS.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


SEC. 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 or any requirement 
        prescribed under title V or rule or order promulgated 
        or issued under title V;
          (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, or any requirement prescribed 
        under title V or rule or order promulgated or issued 
        under title V;

           *       *       *       *       *       *       *


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[,];
          [(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.

           *       *       *       *       *       *       *

    (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) * * *
    (2) Except as provided in subsection (b)--
          (A) * * *
          [(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).]
          (B) if--
                  (i) the Administrator prescribes a rule or 
                order under section 5 or 6 (other than a rule 
                imposing a requirement described in subsection 
                (a)(6) of section 6) which is applicable to a 
                chemical substance or mixture, and which is 
                designed to protect against a risk of injury to 
                health or the environment associated with such 
                substance or mixture; or
                  (ii) the United States has consented to be 
                bound under the POPs Convention or LRTAP POPs 
                Protocol with respect to a POPs chemical 
                substance or mixture or LRTAP POPs chemical 
                substance or mixture (as defined in section 
                501),
        no State or political subdivision of a State may, after 
        the effective date of such rule or order or consent, 
        establish or continue in effect any requirement, which 
        is applicable to such substance or mixture, or an 
        article containing such substance or mixture, and which 
        is designed to protect against a risk of injury to 
        health or the environment associated with such 
        substance or mixture that the rule, order, or consent 
        is designed to protect against, unless such requirement 
        is identical to the requirement prescribed by the 
        Administrator, is adopted under the authority of the 
        Clean Air Act or any other Federal law, or prohibits 
        the use of such substance or mixture in such State or 
        political subdivision (other than its use in the 
        manufacture or processing of other substances or 
        mixtures).

           *       *       *       *       *       *       *

  (c) Savings.--Nothing in this section shall be construed to 
authorize a State to act in a manner that causes the United 
States to be out of compliance with its obligations under the 
POPs Convention or LRTAP POPs Protocol. For purposes of this 
section, the terms ``POPs Convention'' and ``LRTAP POPs 
Protocol'' have the meaning given those terms in section 501.

SEC. 19. JUDICIAL REVIEW.

    (a) In General.--(1)(A) Not later than 60 days after the 
date of the promulgation of a rule under section 4(a), 5(a)(2), 
5(b)(4), 6(a), 6(e), or 8, or under title II [or IV], IV, or V, 
any person may file a petition for judicial review of such rule 
with the United States Court of Appeals for the District of 
Columbia Circuit or for the circuit in which such person 
resides or in which such person's principal place of business 
is located. Courts of appeals of the United States shall have 
exclusive jurisdiction of any action to obtain judicial review 
(other than in an enforcement proceeding) of such a rule if any 
district court of the United States would have had jurisdiction 
of such action but for this subparagraph.

           *       *       *       *       *       *       *

    (3) For purposes of this section, the term ``rulemaking 
record'' means--
          (A) * * *
          (B) in the case of a rule under section 4(a), the 
        finding required by such section, in the case of a rule 
        under section 5(b)(4), the finding required by such 
        section, in the case of a rule under section 6(a) the 
        finding required by section 5(f) or 6(a), as the case 
        may be, in the case of a rule under section 6(a), the 
        statement required by section 6(c)(1), and in the case 
        of a rule under section 6(e), the findings required by 
        paragraph (2)(B) or (3)(B) of such section, as the case 
        may be and in the case of a rule under [title IV, the 
        finding] title IV or V, the findings required for the 
        issuance of such a rule;

           *       *       *       *       *       *       *

          (D) any written submission of interested parties 
        respecting the promulgation of such rule; [and]
          (E) for rules promulgated under section 503(e), any 
        written submission or other information the 
        Administrator receives pursuant to subsection (a), (b), 
        (c), or (d) of section 503; and
          [(E)] (F) any other information which the 
        Administrator considers to be relevant to such rule and 
        which the Administrator identified, on or before the 
        date of the promulgation of such rule, in a notice 
        published in the Federal Register.
    (b) Additional Submissions and Presentations; 
Modifications.--If in an action under this section to review a 
rule (except a rule promulgated pursuant to section 503) the 
petitioner or the Administrator applies to the court for leave 
to make additional oral submissions or written presentations 
respecting such rule and shows to the satisfaction of the court 
that such submissions and presentations would be material and 
that there were reasonable grounds for the submissions and 
failure to make such submissions and presentations in the 
proceeding before the Administrator, the court may order the 
Administrator to provide additional opportunity to make such 
submissions and presentations. The Administrator may modify or 
set aside the rule being reviewed or make a new rule by reason 
of the additional submissions and presentations and shall file 
such modified or new rule with the return of such submissions 
and presentations. The court shall thereafter review such new 
or modified rule.
    (c) Standard of Review.--(1)(A) * * *
    (B) Section 706 of title 5, United States Code, shall apply 
to review of a rule under this section, except that--
          (i) in the case of review of a rule under section 
        4(a), 5(b)(4), 6(a), [or 6(e)] 6(e), or 503(e)(1), the 
        standard for review prescribed by paragraph (2)(E) of 
        such section 706 shall not apply and the court shall 
        hold unlawful and set aside such rule if the court 
        finds that the rule is not supported by substantial 
        evidence in the rulemaking record (as defined in 
        subsection (a)(3)) taken as a whole;

           *       *       *       *       *       *       *


          TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS

SEC. 501. DEFINITIONS.

  In this title:
          (1) Conference.--The term ``Conference'' means the 
        Conference of the Parties established by paragraph 1 of 
        Article 19 of the POPs Convention.
          (2) Conference listing decision.--The term 
        ``Conference listing decision'' means a decision by the 
        Conference to approve an amendment to list a chemical 
        substance or mixture in Annex A or B to the POPs 
        Convention.
          (3) Executive body.--The term ``Executive Body'' 
        means the Executive Body established by Article 10 of 
        the LRTAP Convention.
          (4) Executive body decision 1998/2.--The term 
        ``Executive Body Decision 1998/2'' means the decision 
        of the Executive Body titled ``Executive Body Decision 
        1998/2 on Information to Be Submitted and the Procedure 
        for Adding Substances to Annexes I, II, or III to the 
        Protocol on Persistent Organic Pollutants'' and any 
        other Executive Body decision done pursuant to Article 
        14 of the LRTAP POPs Protocol.
          (5) LRTAP convention.--The term ``LRTAP Convention'' 
        means the Convention on Long-Range Transboundary Air 
        Pollution, done at Geneva on November 13, 1979 (TIAS 
        10541), and any subsequent amendment to which the 
        United States consents to be bound.
          (6) LRTAP pops chemical substance or mixture.--The 
        term ``LRTAP POPs chemical substance or mixture'' means 
        one of the following chemical substances or mixtures, 
        as defined in section 3:
                  (A) Aldrin.
                  (B) Chlordane.
                  (C) Chlordecone.
                  (D) Dichlorodiphenyltrichloroethane (DDT).
                  (E) Dieldrin.
                  (F) Endrin.
                  (G) Hexachlorocyclohexane (HCH).
                  (H) Heptachlor.
                  (I) Hexachlorobenzene.
                  (J) Hexabromobiphenyl.
                  (K) Mirex.
                  (L) Polychlorinated biphenyls (PCBs).
                  (M) Toxaphene.
                  (N) Any chemical substance or mixture that is 
                listed on Annex I or Annex II of the LRTAP POPs 
                Protocol.
          (7) LRTAP pops protocol.--The term ``LRTAP POPs 
        Protocol'' means the Protocol on Persistent Organic 
        Pollutants to the LRTAP Convention, done at Aarhus on 
        June 24, 1998, and any subsequent amendment to which 
        the United States consents to be bound.
          (8) PIC convention.--The term ``PIC Convention'' 
        means the Rotterdam Convention on the Prior Informed 
        Consent Procedure for Certain Hazardous Chemicals and 
        Pesticides in International Trade, done at Rotterdam on 
        September 10, 1998, and any subsequent amendment to 
        which the United States consents to be bound.
          (9) Pops chemical substance or mixture.--The term 
        ``POPs chemical substance or mixture'' means one of the 
        following chemical substances or mixtures, as defined 
        in section 3:
                  (A) Aldrin.
                  (B) Chlordane.
                  (C) Dichlorodiphenyltrichloroethane (DDT).
                  (D) Dieldrin.
                  (E) Endrin.
                  (F) Heptachlor.
                  (G) Hexachlorobenzene.
                  (H) Mirex.
                  (I) Polychlorinated biphenyls (PCBs).
                  (J) Toxaphene.
                  (K) Any other chemical substance or mixture 
                that is listed in Annex A or B to the POPs 
                Convention.
          (10) Pops convention.--The term ``POPs Convention'' 
        means the Stockholm Convention on Persistent Organic 
        Pollutants, done at Stockholm on May 22, 2001, and any 
        subsequent amendment to which the United States 
        consents to be bound.
          (11) Pops review committee.--The term ``POPs Review 
        Committee'' means the Persistent Organic Pollutants 
        Review Committee established under paragraph 6 of 
        Article 19 of the POPs Convention.

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

  (a) Prohibition.--Except as otherwise provided in this title, 
no person may manufacture, process, distribute in commerce for 
export, use, or dispose of a POPs chemical substance or mixture 
listed in section 501(9) (A), (B), (C), (D), (E), (F), (G), 
(H), or (J), or a LRTAP POPs chemical substance or mixture 
listed in section 501(6)(A), (B), (C), (D), (E), (F), (G), (H), 
(I), (J), (K), or (M).
  (b) Exceptions.--The Administrator may by rule provide for 
exceptions to the prohibition under subsection (a) where such 
exceptions are not inconsistent with the obligations of the 
United States under the POPs Convention or the LRTAP POPs 
Protocol.
  (c) PCBs.--The Administrator may issue or amend rules for the 
purpose of United States compliance with the provisions of the 
POPs Convention or the LRTAP POPs Protocol related to 
polychlorinated biphenyls through rules duly promulgated 
through notice and comment rulemaking under section 6(e) or 
other applicable Federal law.

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

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

SEC. 504. AMENDMENTS AND CONSULTATION.

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

SEC. 505. INTERNATIONAL COOPERATION AND NOTICE OF MEETINGS.

  In cooperation with the Secretary of State and the head of 
any other appropriate Federal agency, the Administrator shall--
          (1) participate and cooperate in any international 
        efforts on chemical substances and mixtures;
          (2) participate in technical cooperation and capacity 
        building activities designed to support implementation 
        of--
                  (A) the POPs Convention;
                  (B) the LRTAP POPs Protocol; and
                  (C) the PIC Convention; and
          (3) publish in the Federal Register timely advance 
        notice of the known schedule and agenda of meetings on 
        the POPs Convention, PIC Convention, and LRTAP POPs 
        Protocol, and their subsidiary bodies, at which the 
        United States will be represented.

SEC. 506. EFFECT OF REQUIREMENTS.

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

SEC. 507. RULES OF CONSTRUCTION.

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

  DISSENTING VIEWS OF THE HONORABLE JOHN D. DINGELL, HENRY A. WAXMAN, 
  EDWARD J. MARKEY, EDOLPHUS TOWNS, FRANK PALLONE, Jr., BART GORDON, 
 BOBBY L. RUSH, ANNA G. ESHOO, BART STUPAK, ELIOT L. ENGEL, ALBERT R. 
WYNN, TED STRICKLAND, DIANA DeGETTE, LOIS CAPPS, MIKE DOYLE, TOM ALLEN, 
  JIM DAVIS, JAN SCHAKOWSKY, HILDA L. SOLIS, CHARLES A. GONZALEZ, JAY 
                  INSLEE, TAMMY BALDWIN, AND MIKE ROSS

    We oppose H.R. 4591, the ``Stockholm and Rotterdam Toxics 
Treaty Act of 2005'', as reported by the Committee. The 
proponents of H.R. 4591 purport to be interested in developing 
implementing legislation for the Stockholm Convention on 
Persistent Organic Pollutants so that the United States can 
ratify the Convention and be at the negotiating table as the 
international community engages in the lengthy, scientific 
process of determining whether additional persistent organic 
pollutants (POPs) should be added to the ``dirty dozen'' 
chemicals that are already listed in the Convention. But their 
approach included significant departures from important 
environmental principles in current law, and precluded a 
consensus bill that could actually become law.
    Instead of developing legislation to protect the public 
from dangerous pollutants, they have put forth H.R. 4591, a 
bill containing a controversial, cost-benefit standard that is 
not found in the Convention or existing environmental laws. 
Moreover, they have chosen to regulate new POPs under a law 
that is unworkable.
    The reported bill would preempt States seeking stronger 
regulation, and would set no time frames for the Environmental 
Protection Agency (EPA) to act. By choosing the Toxic 
Substances Control Act (TSCA) to regulate these POPs, they have 
adopted a judicial review standard that makes it easier for 
judges to substitute their views for the expert decisions of 
EPA. The bill would also deny citizen suits to enforce 
regulation of POPs, a right citizens have under TSCA.
    Opposition to H.R. 4591 comes from many different sectors. 
The 2.9 million member American Nurses Association opposes H.R. 
4591, as do the National Hispanic Environmental Council and the 
United Steelworkers, the predominant union representing 
chemical plant workers. Opposition to H.R. 4591 also comes from 
a bipartisan group of State Attorneys General, two dozen Native 
American communities, and approximately 60 public health and 
environmental organizations, including the Natural Resources 
Defense Council and the League of Conservation Voters.
    We offered an alternative, H.R. 4800 (the ``Solis 
Democratic Substitute''), which was defeated on a party-line 
vote. It provided EPA with rulemaking authority and a 
regulatory standard that would allow EPA to implement promptly 
the control measures recommended by the Conference of the 
Parties for a new chemical, sometimes called ``the 13th POP.'' 
It would protect U.S. sovereignty, while allowing EPA to 
proceed in an efficient and expeditious manner. EPA testified 
that, ``It does appear from our analysis of [H.R. 4800] that 
[it] would allow the United States to implement the obligations 
under these agreements.'' \1\
---------------------------------------------------------------------------
    \1\ Testimony of Ms. Susan B. Hazen, Principal Deputy Assistant 
Administrator, Office of Prevention, Pesticides, and Toxic Substances, 
U.S. Environmental Protection Agency, before the Subcommittee on 
Environment and Hazardous Materials Hearing, March 2, 2006 (Serial No. 
109-63), p. 37.
---------------------------------------------------------------------------
Protecting U.S. sovereignty
    Although it was alleged during consideration of the bill 
that our Substitute would relinquish U.S. sovereignty, the 
Democratic substitute would fully protect U.S. sovereignty. The 
Department of State informed the Subcommittee in writing that 
it agrees that the Democratic substitute ``would not require 
automatic adoption of decisions of the COP [Conference of the 
Parties]'' and it agrees that the Democratic substitute would 
not delegate regulatory powers to the United Nations.\2\ Under 
the Democratic substitute, the United States would not be bound 
by any future chemical listings under POPs unless the President 
affirmatively consented to be bound by the listing of a new 
chemical. In addition, EPA would not be allowed to regulate a 
newly listed chemical if EPA were to decide that the chemical 
substance is not likely to lead to significant human health or 
environmental effects.
---------------------------------------------------------------------------
    \2\ Response to questions for the record submitted to Assistant 
Secretary Claudia McMurray, before the Subcommittee on Environment and 
Hazardous Materials hearing, March 2, 2006 (Serial No. 109-63), p. 161.
---------------------------------------------------------------------------
The Worst of the worst chemicals should be regulated using a health-
        based standard, not a novel, controversial cost-benefit 
        standard
    The health-based standard in the Democratic substitute is 
one of the critical reasons we support it rather than H.R. 
4591, which would establish an untested cost-benefit standard 
that would not adequately protect public health and would 
undoubtedly lead to lengthy litigation. It would add this 
standard and other new requirements and criteria to the 
existing criteria of the Toxic Substances Control Act (TSCA). 
These new requirements and criteria would create additional 
obstacles to regulating under a statute that has already proved 
unworkable for regulating asbestos and other hazardous 
chemicals.
    The next POPs chemical identified for international 
regulation by the science-based procedure that takes a minimum 
of five years under the Treaty will be the worst of the worst 
chemicals, reflecting broad-based international agreement. 
Article 21 requires parties to ``make every effort to reach 
agreement . . . by consensus'' and a minimum ``three-fourths 
majority'' to adopt amendments.
    For new POPs chemicals listed by the international 
community under the Stockholm Convention, the Solis Democratic 
Substitute would use a health-based standard that ``protects 
against significant adverse human health and environmental 
effects.'' In a letter dated August 1, 2001, to President Bush 
by then-Secretary of State Colin L. Powell, submitting the 
Stockholm Convention on POPs, he described the ``significant 
adverse human health and/or environmental effects'' as a 
formulation that is ``consistent with risk-based decision-
making by chemical regulators under existing U.S. law.'' \3\ 
This is the formulation used in the Solis Democratic 
Substitute.
---------------------------------------------------------------------------
    \3\ Sec. of State Colin L. Powell Letter of Submittal, Aug. 1, 
2001; Treaty Doc. 107, Stockholm Convention on Organic Pollutants, 
Message from the President of the United States Transmitting Stockholm 
Convention on Persistent Organic Pollutants, with Annexes, Done at 
Stockholm, May 22-23, 2001; May 7, 2002; pg. XIV.
---------------------------------------------------------------------------
    H.R. 4591, in contrast, utilizes the already unworkable 
Toxic Substances Control Act and would make it even harder for 
EPA to limit the use of persistent organic pollutants. During 
the legislative hearing process on H.R. 4591, we were told that 
Section 6 of the existing Toxic Substances Control Act is not a 
useful tool for protecting Americans from exposures to harmful 
chemicals. Under Section 6, as interpreted by the Court of 
Appeals, EPA was not able to regulate a chemical as thoroughly 
studied and as dangerous as asbestos. We were informed that the 
Court of Appeals reversed EPA's attempt in 1989 to ban all uses 
of asbestos for which there were readily available substitutes, 
a rule that was supported by 10 years of hearings and over 
100,000 pages of record, including several hundred scientific 
studies.
    The asbestos experience led Mr. Donald Elliott, who was 
General Counsel of EPA during the Administration of the first 
President Bush, to conclude: ``That case sets the evidentiary 
standard for regulation under Section 6 so high that EPA can no 
longer use. . . . Section 6 as a useful tool for regulating 
chemicals. If after thousands of deaths from asbestos exposure, 
EPA could not regulate asbestos under section 6, it is 
virtually impossible for EPA to regulate any chemical under 
section 6.'' \4\ Mr. Elliott went on to state that ``That case 
is a public policy and public health disaster and should be 
explicitly overruled by Congress.'' \5\
---------------------------------------------------------------------------
    \4\ Response to questions for the record submitted to Mr. Donald 
Elliott, Subcommittee on Environment and Hazardous Materials hearing, 
March 2, 2006 (Serial No. 109-93), p. 120.
    \5\ Id.
---------------------------------------------------------------------------
    Rather than overruling that ``public policy and public 
health disaster'' and fixing Section 6 (at least for the worst 
of the worst chemicals), H.R. 4591 would add new requirements 
and criteria to the existing TSCA criteria that EPA would have 
to consider before it could regulate a new POPs chemical. These 
new criteria would expand the number of analyses required, 
delay regulatory action, and provide new opportunities to 
challenge in court any EPA regulation of a newly listed POPs 
chemical.
    H.R. 4591 contains a controversial, economic cost-benefit 
standard that uses criterion that de-emphasizes the impact on 
public health. This standard appears nowhere in the Stockholm 
Convention or in existing U.S. law. At the Subcommittee hearing 
on July 14, 2004 (Serial No. 108-112, at pages 70-71), Lisa 
Heinzerling, Georgetown University Professor of Law and an 
expert on environmental regulation, testified about the 
inappropriateness of using a cost-benefit standard to regulate 
the worst of the worst chemicals:

          Cost-benefit balancing is notoriously, and 
        systematically, biased against environmental 
        regulation. It is particularly skewed against 
        environmental regulation that targets pollutants like 
        the POPs pollutants with large but insidious and 
        sometimes subtle effects, spread over a vast population 
        (in this case, the whole world) and reaching into the 
        distant future.

           *       *       *       *       *       *       *

          --Many of the benefits of reducing these pollutants 
        cannot be quantified. In many cases, avoiding cancer is 
        the only benefit that can be quantified. This leaves 
        all other causes of death, plus all nonfatal illnesses 
        avoided and all ecological effects, left out of the 
        numerical tally of costs and benefits. When a benefit 
        is not quantified, its worth is typically treated as if 
        it were zero in a cost-benefit balancing.
          --The costs of regulating environmental risks are 
        often overstated, and often by a large amount.
          --Even when benefits can be quantified, the process 
        of fitting values like human lives and health into a 
        cost-benefit balance is fraught with difficulty. . . .
          --The technique of discounting--required by the court 
        in Corrosion Proof Fittings [the case overturning EPA's 
        attempt to regulate asbestos under Section 6 of the 
        Toxic Substances Control Act] . . .--belittles desires 
        to protect this and future generations against long-
        term and persistent risks. Discounting would easily 
        trivialize the benefits of regulating POPs. Yet 
        protection of the future for our own generation, our 
        children's generation, and generations yet to come--is 
        one of the basic principles animating a document like 
        the POPs treaty. . . .

           *       *       *       *       *       *       *

          . . . [the use of cost-benefit balancing] in the POPs 
        implementing legislation would virtually ensure that no 
        new POPs will be regulated in this country. . . .\6\
---------------------------------------------------------------------------
    \6\ Internal footnotes omitted.

    U.S. officials who led the U.S. delegation when the POPs 
Treaty was negotiated have testified that the authors of the 
regulatory standard and criteria in H.R. 4591 have essentially 
designed a system to fail. In their view, and ours, H.R. 4591 
would likely prevent EPA from being able to regulate a new 
chemical, just as EPA was unable to regulate asbestos under 
TSCA.
    Mr. Brooks Yeager, head of the delegation and lead U.S. 
negotiator for the POPs Convention as Deputy Assistant 
Secretary for Environment and Development, U.S. Department of 
State, testified that the regulatory standard provision of H.R. 
4591:

          . . . adds considerable regulatory baggage . . . to a 
        piece of domestic environmental legislation that is 
        already anemic and largely ineffectual . . . virtually 
        ensuring that no chemical will surmount the 
        bureaucratic hurdles.\7\
---------------------------------------------------------------------------
    \7\ Testimony of Brooks B. Yeager before the Subcommittee on 
Environment and Hazardous Materials Hearing, July 13, 2004 (Serial No. 
108-112, pg. 60).

    Dr. Lynn R. Goldman, Assistant Administrator for 
Prevention, Pesticides, and Toxic Substances, U.S. EPA (1993-
1998), led the U.S. delegation to the first POPs negotiating 
session. Dr. Goldman testified on March 2, 2006 \8\:
---------------------------------------------------------------------------
    \8\ Testimony of Dr. Lynn R. Goldman before the Subcommittee on 
Environment and Hazardous Materials Hearing, March 2, 2006 (Serial No. 
109-63, pg. 89).

          Decision standard: The standard that the U.S. 
        negotiated for the POPs convention, that is, to 
        ``protect against significant adverse human health and 
        environmental effects associated with the chemical 
        substance or mixture'', should be the standard for 
        actions to implement POPs convention decisions. H.R. 
        4800 adheres to this standard. H.R. 4591, on the other 
        hand, is loaded down with prescriptive language 
        regarding ``sound science'' and various kinds of risk-
        analytical determinations in vogue today, which are 
        certain to contribute nothing of value beyond the 
        expert process of the convention. These new procedures, 
        if enacted by Congress, would increase the burden to 
        EPA and the taxpayers of unnecessary analyses, open new 
        opportunities for litigation, and render it difficult 
        if not impossible for the EPA to take action to 
---------------------------------------------------------------------------
        implement POPs listings.

    A health-based regulatory standard is fundamental to 
protecting the health of our citizens. In the words of the 
chief U.S. negotiator, these POPs ``can wreak havoc in human 
and animal tissue, causing nervous system damage, diseases of 
the immune system, reproductive and developmental disorders, 
and cancers.'' The lead EPA negotiator for the Treaty testified 
that ``control of POPs therefore is about protecting our food 
supply, protecting the fetus and protecting the safety of 
breast milk for infants.''

We should allow States to protect their citizens and adopt more 
        stringent regulations

    We also oppose H.R. 4591 because it preempts more stringent 
State regulation of POPs chemicals, even though the Stockholm 
Convention does not preclude stricter State standards. H.R. 
4591 is even more preemptive than TSCA section 18, which 
preempts States to a greater extent than most other 
environmental statutes. Under H.R. 4591 (and existing TSCA 
section 18) the only circumstances where a State law could be 
more stringent are (1) where the requirement is adopted under a 
Federal law, or (2) the State law is a total ban on the 
chemical's use in the State. In every other circumstance, where 
a State wanted to impose a more protective or more stringent 
set of controls, the State must petition and obtain permission 
from EPA after a rulemaking where it must be demonstrated that 
the State requirement ``provides a significantly higher degree 
of protection'' and ``does not . . . unduly burden interstate 
commerce.'' EPA has never granted a State petition in the 30-
year history of TSCA.
    Remarkably, H.R. 4591 goes even further, providing that 
once the U.S. has consented to be bound under the POPs 
Convention, more stringent State laws regulating a chemical 
POPs would be preempted even if EPA has not adopted any 
regulations of the chemical. Under this preemption scheme, if a 
State were to have a regulation in place when the U.S. consents 
to be bound by the listing of a new POP, that State law would 
effectively be wiped off the books even if the chemical were 
not subject to any regulations at the Federal level.
    H.R. 4591 results in a regulatory system for POPs where 
more stringent State laws could apply to pesticide POPs but not 
to chemical POPs, except where the State acted under the 
authority of Federal law or the State law was a total ban. The 
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the 
statute that would regulate pesticide POPs, allows the States 
to have more stringent laws while H.R. 4591 would restrict the 
States for chemical POPs.
    In contrast to the preemption of State law found in H.R. 
4951, the Solis Democratic Substitute would allow States to 
promulgate more stringent requirements than the minimum Federal 
controls, as may be necessary to protect the health of their 
citizens. States are allowed to set more stringent standards 
under other EPA statutes, without any petition process or 
similar limitations (see, e.g., the Solid Waste Disposal Act, 
the Safe Drinking Water Act and the Clean Water Act, and FIFRA 
which applies to pesticide POPs).
    State Attorneys General from Illinois, Minnesota, 
Washington, Oregon, New Mexico, New Jersey, New York, Delaware, 
Connecticut, California, and Massachusetts have all written in 
opposition to H.R. 4591. In an April 19, 2006, letter, the 
Attorney General for the State of Washington wrote that ``The 
preemption of state authority in this area is counterproductive 
to our shared interest in protecting the health and welfare of 
our citizens.'' In a May 1, 2006, letter to Chairman Gillmor, 
Attorneys General from 10 States expressed their support for 
H.R. 4800 and stated that H.R. 4591 ``. . . falls far short of 
what is necessary to ensure that States are not dangerously 
vulnerable to the risks from chemicals that may later be added 
to the list of toxics covered by the POPs Treaty.'' We agree.

We should require EPA to act in a timely fashion

    One of the lessons we have learned over the years, and one 
that is reflected in our environmental statutes, is that EPA 
needs to be given deadlines to ensure that it does what we tell 
it to do. H.R. 4591 ignores this basic lesson and does not set 
any time limit for final EPA action.
    The Solis Democratic Substitute would set deadlines for EPA 
action. The deadline provision would carefully protect U.S. 
sovereignty by ensuring that no EPA regulation would go into 
effect unless and until the U.S. consented to be bound by the 
new listing. It requires that, within one year after a 
Stockholm Convention Conference decision to list a new POPs 
chemical, the Administrator of EPA shall publish in the Federal 
Register a proposed regulation, a proposed decision that the 
substance is already regulated appropriately, or a proposed 
decision not to regulate because the chemical substance or 
mixture is not likely to lead to significant adverse human 
health or environmental effects. Within two years after the 
decision to list a new chemical, a final rule or decision must 
be published in the Federal Register.

Judges should not be allowed to supplant the agency's expert views with 
        their own

    We also oppose H.R. 4591 because of the standard of 
judicial review it would use for review of EPA decisions. H.R. 
4591 requires the Court of Appeals to set aside an agency rule 
if the Court were to find that the rule is not supported by 
``substantial evidence in the rulemaking record . . . taken as 
a whole.'' Under this standard, which is the standard in 
Section 19 of TSCA and was the standard of review in the failed 
EPA effort to regulate asbestos, the reviewing court could rely 
on its own judgment and analysis of highly scientific and 
technical findings, making it easier for judges to overturn 
agency action.
    The Solis Democratic Substitute requires that the Court of 
Appeals set aside an agency rule if the Court were to find that 
the rule is ``arbitrary, capricious, an abuse of discretion, or 
otherwise not in accordance with law.'' This is the traditional 
standard of review under the Administrative Procedure Act for 
agency rules, and is used by the Clean Air Act, Clean Water 
Act, Safe Drinking Water Act, and Solid Waste Disposal Act. 
Under this standard, the reviewing court is to conduct a 
``thorough, probing, in-depth review'' of the agency's action 
and rationale. The reviewing court must set aside agency action 
where it finds a ``clear error of judgment,'' but the court is 
not to substitute its judgment for that of the agency.

We should not limit the rights of citizens to protect against 
        violations of regulations controlling the worst of the worst 
        chemicals

    H.R. 4591 would not provide citizens the same rights they 
have under TSCA and other environmental statutes. It would not 
allow the existing citizen suit provision of TSCA (Section 20) 
to apply to the POPs provisions or to any regulation adopted 
under the regulatory standard of H.R. 4591. Under the current 
citizen suit provision of TSCA, any person may commence a civil 
action against any person who is in violation of the Act or 
regulations promulgated thereunder or against the EPA 
Administrator for failure to perform a non-discretionary duty.
    The Solis Democratic Substitute follows TSCA and applies 
the citizen suit provisions to violations of the POPs 
implementing legislation or EPA regulations promulgated 
thereunder.

Conclusion

    Our Republican colleagues are offering us an unbalanced 
piece of legislation that is designed to roll back important 
principles of our environmental laws. H.R. 4591 would set up a 
system designed to fail, designed to ensure that EPA cannot 
issue regulations governing the worst of the worst chemicals in 
a way that adequately protects public health. The authority and 
procedures Toxic Substances Control Act established to regulate 
chemicals have already proved unworkable--EPA could not even 
regulate asbestos using those provisions.
    H.R. 4591 takes this bad situation under TSCA and makes it 
worse by adding new obstacles that experts believe will 
virtually ensure that no new POPs chemicals will surmount the 
bureaucratic hurdles it establishes. In particular, we believe 
that the cost-benefit standard in H.R. 4591 would not allow EPA 
to adopt regulations that would adequately protect the public 
from the health risks associated with the worst of the worst 
chemicals.
    The Democratic substitute requires EPA to use a health-
based standard in deciding whether and how to regulate the very 
worst chemicals on the planet--chemicals that are persistent 
and can be transported long distances. In the words of the 
chief U.S. negotiator, these POPs ``. . . can wreak havoc in 
human and animal tissue, causing nervous system damage, 
diseases of the immune system, reproductive and developmental 
disorders, and cancers.'' The lead EPA negotiator for the 
Treaty testified that ``. . . control of POPs therefore is 
about protecting our food supply, protecting the fetus and 
protecting the safety of breast milk for infants.'' A health-
based regulatory standard, therefore, is fundamental to 
protecting the health of our citizens.
    The Solis Democratic substitute offered a responsible and 
workable way forward, consistent with important environmental 
principles. H.R. 4591 does not, and should be rejected.

                                   John D. Dingell.
                                   Henry A. Waxman.
                                   Edward J. Markey.
                                   Edolphus Towns.
                                   Frank Pallone, Jr.
                                   Bart Gordon.
                                   Bobby L. Rush.
                                   Anna G. Eshoo.
                                   Bart Stupak.
                                   Eliot L. Engel.
                                   Albert R. Wynn.
                                   Ted Strickland.
                                   Diana DeGette.
                                   Lois Capps.
                                   Michael Doyle.
                                   Tom Allen.
                                   Charles A. Gonzalez.
                                   Jay Inslee.
                                   Jim Davis.
                                   Jan Schakowsky.
                                   Hilda L. Solis.
                                   Tammy Baldwin.
                                   Mike Ross.

                                  
