Requires a certification statement to accompany each POPs substance or mixture distributed in commerce.
Prohibits (subject to certain exemptions and the Protocol on Persistent Organic Pollutants to the Convention on Long-Range Transboundary Air Pollution (LRTAP)) the manufacture, processing, distribution in commerce, or use of certain LRTAP POPs chemical substances or mixtures.
Establishes procedures for information collection by the Environmental Protection Agency (EPA).
Requires international cooperative efforts by EPA.
Subjects exports of substances or mixtures regulated under this Act to TSCA. Imposes penalties for export and import violations.
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for the regulation of POPs pesticides (the substances listed in Annex A or B to the POPs Convention and with respect to which any applicable provision of the Convention has entered into force under paragraph 4 of Article 22) and LRTAP POPs pesticides, including through registration and exemptions, controls on imports and exports, international cooperative efforts, certification statements, and notice and recording by the Administrator.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2507 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2507
To amend the Toxic Substances Control Act and the Federal Insecticide,
Fungicide, and Rodenticide Act to implement the Stockholm Convention on
Persistent Organic Pollutants, the Protocol on Persistent Organic
Pollutants to the Convention on Long-Range Transboundary Air Pollution,
and the Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13 (legislative day, May 9), 2002
Mr. Smith of New Hampshire (by request) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act and the Federal Insecticide,
Fungicide, and Rodenticide Act to implement the Stockholm Convention on
Persistent Organic Pollutants, the Protocol on Persistent Organic
Pollutants to the Convention on Long-Range Transboundary Air Pollution,
and the Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International Trade.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``POPs and PIC
Implementation Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--USE OR PRODUCTION OF POPS CHEMICAL SUBSTANCES OR MIXTURES
Sec. 101. Definitions.
Sec. 102. Regulation of hazardous chemical substances and mixtures.
Sec. 103. Reporting and retention of information.
Sec. 104. International conventions and cooperation in international
efforts.
Sec. 105. Exports.
Sec. 106. Prohibited acts.
TITLE II--USE OR PRODUCTION OF POPS PESTICIDES
Sec. 201. Definitions.
Sec. 202. Registration of pesticides.
Sec. 203. Unlawful acts.
Sec. 204. Imports, exports, and international conventions.
Sec. 205. Conforming amendments.
TITLE I--USE OR PRODUCTION OF POPS CHEMICAL SUBSTANCES OR MIXTURES
SEC. 101. DEFINITIONS.
Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is
amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), (13), and (14) as paragraphs (6), (7),
(9), (13), (14), (15), (21), (22), (23), (24), and (25),
respectively;
(2) by inserting after paragraph (3) the following:
``(4) Conference.--The term `Conference' means the
Conference of the Parties established by paragraph 1 of Article
19 of the POPs Convention.
``(5) Designated national authority.--The term `designated
national authority' means the 1 or more authorities that a
government has designated in a notification to the Secretariat
of the PIC Convention in accordance with the PIC Convention.'';
(3) by inserting after paragraph (7) (as redesignated by
paragraph (1)) the following:
``(8) Executive body.--The term `Executive Body' means the
Executive Body established by Article 10 of the LRTAP
Convention.'';
(4) by inserting after paragraph (9) (as redesignated by
paragraph (1)) the following:
``(10) LRTAP convention.--The term `LRTAP Convention' means
the Convention on Long-Range Transboundary Air Pollution, done
at Geneva on November 13, 1979 (TIAS 10541), to which the
United States is a party.
``(11) LRTAP pops chemical substance or mixture.--The term
`LRTAP POPs chemical substance or mixture' means any chemical
substance or mixture--
``(A) that is listed in Annex I or II to the LRTAP
POPs Protocol; and
``(B) with respect to which the listing has entered
into force with respect to the United States under
paragraph 3 of Article 14 of the LRTAP POPs Protocol.
``(12) 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, to which the
United States is a party.''; and
(5) by inserting after paragraph (15) (as redesignated by
paragraph (1)) the following:
``(16) PCB.--The term `PCB' means a polychlorinated
biphenyl.
``(17) 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, to which the
United States is a party.
``(18) POPs chemical substance or mixture.--The term `POPs
chemical substance or mixture' means any chemical substance or
mixture--
``(A) that is listed in Annex A or B to the POPs
Convention; and
``(B) with respect to which any applicable
provision of the POPs Convention has entered into force
with respect to the United States under paragraph 4 of
Article 22 of the POPs Convention.
``(19) POPs convention.--The term `POPs Convention' means
the Stockholm Convention on Persistent Organic Pollutants, done
at Stockholm on May 22, 2001, to which the United States is a
party.
``(20) 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. 102. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended by adding at the end the following:
``(f) POPs Convention.--
``(1) Prohibition on specified pops chemical substances and
mixtures.--Subject to paragraph (2), subsection (i), and the
POPs Convention, notwithstanding any other provision of law, a
person shall not manufacture, process, distribute in commerce,
use, or dispose of any of the following POPs chemical
substances or mixtures:
``(A) Aldrin.
``(B) Chlordane.
``(C) Dichlorodiphenyltrichloroethane (DDT).
``(D) Dieldrin.
``(E) Endrin.
``(F) Heptachlor.
``(G) Hexachlorobenzene.
``(H) Mirex.
``(I) PCBs.
``(J) Toxaphene.
``(2) Exemptions.--
``(A) Unintentional trace contaminants.--To the
extent consistent with the POPs Convention, the
prohibitions specified in paragraph (1) 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.
``(B) Research.--To the extent consistent with the
POPs Convention, the prohibitions specified in
paragraph (1) 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.
``(C) Constituent of article in use before
prohibition applied.--To the extent consistent with the
POPs Convention, the prohibitions specified in
paragraph (1) shall not apply to any quantity of a POPs
chemical substance or mixture that occurs as a
constituent of an article (other than a PCB article,
which may continue to be used in accordance with Annex
A to the POPs Convention and paragraph 6 of Article 3
of the POPs Convention), if--
``(i) the article is manufactured or in use
on or before the date of entry into force of
the obligation applicable to the POPs chemical
substance or mixture; and
``(ii) the Administrator has met any
applicable requirement of the POPs Convention
to notify the Secretariat of the POPs
Convention concerning the article.
``(D) Closed-system site-limited intermediate.--
``(i) Exemption.--To the extent consistent
with the POPs Convention, the prohibitions
specified in paragraph (1) 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, if,
before the commencement of the manufacture or
use under the POPs Convention, and each 10-year
period thereafter--
``(I) any person that desires to
invoke the exemption provides to the
Administrator information concerning--
``(aa) the annual total
quantity of the POPs chemical
substance or mixture
anticipated to be manufactured
or used or a reasonable
estimate of the quantity; and
``(bb) the nature of the
closed-system site-limited
process, including the quantity
of any nontransformed and
unintentional trace
contamination by the POPs
chemical substance or mixture
that remains in the final
product; and
``(II) notwithstanding any other
provision of law, the Administrator--
``(aa) determines, with the
concurrence of the Secretary of
State, that the information
provided under subclause (I) is
complete and sufficient; and
``(bb) transmits the
information to the Secretariat
of the POPs Convention.
``(ii) Termination of exemption.--If, at
the termination of any 10-year exemption period
under clause (i), a particular closed-system
site-limited intermediate exemption is no
longer authorized for the United States under
the POPs Convention, it shall be unlawful for
any person to continue to manufacture or use
any such POPs chemical substance or mixture as
a closed-system site-limited intermediate.
``(E) PCB materials.--To the extent consistent with
the POPs Convention, the prohibitions specified in
paragraph (1) shall not apply to any PCB materials
described in Part II of Annex A to the POPs Convention
if the PCB materials are handled in accordance with the POPs
Convention, including Annex A to the POPs Convention.
``(F) Distribution in commerce for export if
production or use specific exemption or acceptable
purpose is in effect.--
``(i) In general.--To the extent consistent
with the POPs Convention, the prohibitions
specified in paragraph (1) 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 is in effect, or
for which a production or use specific
exemption or acceptable purpose under Annex B
to the POPs Convention is in effect, to the
extent that the POPs chemical substance or
mixture complies with an export condition
described in clause (ii), (iii), or (iv). Any
determination by the Administrator that an
export condition described in clause (ii),
(iii), or (iv) is not met shall be made in
cooperation with the heads of other interested
Federal agencies.
``(ii) Export for environmentally sound
disposal.--An export condition referred to in
clause (i) is that the POPs chemical substance
or mixture is exported for the purpose of
environmentally sound disposal in accordance
with paragraph 1(d) of Article 6 of the POPs
Convention.
``(iii) Export to party with permission to
use.--An export condition referred to in clause
(i) 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.
``(iv) Export to nonparty that has provided
a nonparty certification.--
``(I) In general.--An export
condition referred to in clause (i) is
that the POPs chemical substance or
mixture is exported, to an importing
foreign state that is not a party to
the POPs Convention with respect to the
POPs chemical substance or mixture,
that has provided an annual
certification.
``(II) Commitments by importing
nonparty.--Consistent with paragraph
2(b)(iii) of Article 3 of the POPs
Convention, an annual nonparty
certification under subclause (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--
``(aa) protecting human
health and the environment by
taking necessary measures to
minimize or prevent releases;
``(bb) complying with
paragraph 1 of Article 6 of the
POPs Convention; and
``(cc) complying, to the
extent appropriate, with
paragraph 2 of Part II of Annex
B to the POPs Convention.
``(III) Submission to secretariat
of pops convention.--Not later than 60
days after the date of receipt of a
nonparty certification, the
Administrator shall submit a copy of
the nonparty certification to the
Secretariat of the POPs Convention.
``(G) Export for environmentally sound disposal if
no production or use specific exemption in effect.--To
the extent consistent with the POPs Convention, the
prohibitions specified in paragraph (1) shall not apply
to any distribution in commerce for export for the
purpose of environmentally sound disposal, in
accordance with paragraph 1(d) of Article 6 of the POPs
Convention, of a POPs chemical substance or mixture
listed in Annex A to the POPs Convention for which no
production or use specific exemption is in effect for
any party to the POPs Convention.
``(H) Imports for environmentally sound disposal.--
To the extent consistent with the POPs Convention, the
prohibitions specified in paragraph (1) shall not apply
to any distribution in commerce of a POPs chemical
substance or mixture that is imported for the purpose
of environmentally sound disposal in accordance with
paragraph 1(d) of Article 6 of the POPs Convention.
``(I) Waste.--To the extent consistent with the
POPs Convention, the prohibitions specified in
paragraph (1) shall not apply to any quantity of a POPs
chemical substance or mixture, including any article
that consists of, contains, or is contaminated with a
POPs chemical substance or mixture, that has become
waste and that is managed in a manner consistent with
Article 6 of the POPs Convention.
``(J) No effect on other prohibitions.--Nothing in
this paragraph authorizes any manufacture, processing,
distribution in commerce, use, or disposal of a POPs
chemical substance or mixture that is prohibited under
any other provision of law.
``(3) Certification statement accompanying pops chemical
substances or mixtures.--
``(A) In general.--Each POPs chemical substance or
mixture that is distributed in commerce under
subparagraph (B), (E), (F), (G), (H) or (I) of
paragraph (2) shall be accompanied by a certification
statement.
``(B) Person required to prepare.--A certification
statement required by subparagraph (A) shall be
prepared--
``(i) by the manufacturer or processor of
the POPs chemical substance or mixture; or
``(ii) if there is no certification
statement accompanying the POPs chemical
substance or mixture, by any person that
distributes the POPs chemical substance or
mixture in commerce.
``(C) Required elements.--The certification
statement shall contain--
``(i) a specification of the quantity and
identity of the POPs chemical substance or
mixture;
``(ii) the basis for application of
subparagraph (B), (E), (F), (G), (H) or (I) of
paragraph (2); and
``(iii) such other information as the
Administrator, after public notice and
opportunity for comment, determines to be
necessary for effective enforcement of this
subsection.
``(D) Duties of distributors.--Any person that
distributes in commerce the POPs chemical substance or
mixture shall ensure that--
``(i) the certification statement
accompanies the POPs chemical substance or
mixture when the POPs chemical substance or
mixture is distributed in commerce; and
``(ii) the distribution in commerce is
consistent with the certification statement.
``(E) Maintenance of certification statement.--A
person that prepares a certification statement shall
maintain a copy of the certification statement for a
period of not less than 3 years beginning on the date
on which the certification statement is prepared.
``(F) Regulations.--The Administrator may
promulgate such regulations as are necessary--
``(i) to facilitate implementation of this
paragraph;
``(ii) to ensure compliance with the POPs
Convention; and
``(iii) to harmonize the requirements of
this paragraph with certification requirements
under other provisions of this Act so as to
avoid any requirement that multiple
certification statements accompany any single
POPs chemical substance or mixture.
``(g) LRTAP POPs Protocol.--
``(1) Prohibition on specified lrtap pops chemical
substances or mixtures.--Subject to paragraph (2), subsection
(i), and the LRTAP POPs Protocol, notwithstanding any other
provision of law, a person shall not manufacture, process,
distribute in commerce, or use any of the following LRTAP POPs
chemical substances or mixtures:
``(A) Aldrin.
``(B) Chlordane.
``(C) Chlordecone.
``(D) Dichlorodiphenyltrichloroethane (DDT).
``(E) Dieldrin.
``(F) Endrin.
``(G) Heptachlor.
``(H) Hexabromobiphenyl.
``(I) Hexachlorobenzene.
``(J) Hexachlorocyclohexane (HCH).
``(K) Mirex.
``(L) PCBs.
``(M) Toxaphene.
``(2) Exemptions.--
``(A) In general.--To the extent consistent with
the LRTAP POPs Protocol, the prohibitions on
manufacture, processing, distribution in commerce, or
use specified in paragraph (1) shall not apply to--
``(i) any quantity of a LRTAP POPs chemical
substance or mixture that is used for
laboratory scale research or as a reference
standard;
``(ii) any quantity of a LRTAP POPs
chemical substance or mixture that occurs as a
contaminant in a product;
``(iii) any quantity of a LRTAP POPs
chemical substance or mixture that is in an
article manufactured or in use on or before the
date of entry into force of the obligation of
the LRTAP POPs Protocol applicable to the POPs
chemical substance or mixture;
``(iv) 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;
``(v) the production or use of any quantity
of hexachlorocyclohexane (HCH) that complies
with the restrictions and conditions specified
for HCH in Annex II to the LRTAP POPs Protocol;
``(vi) any quantity of a LRTAP POPs
chemical substance or mixture that has become
waste and that is disposed of in an
environmentally sound manner in accordance with
paragraph 1(b) of the LRTAP POPs Protocol; or
``(vii) any PCB materials described in
Annex II to the LRTAP POPs Protocol if the PCB
materials are handled in accordance with the
LRTAP POPs Protocol, including Annex II to the
LRTAP POPs Protocol.
``(B) Exemptions authorized by lrtap pops
protocol.--
``(i) In general.--The Administrator, with
the concurrence of the Secretary of State, on
the Administrator's own motion or on petition
of any person, may grant an exemption from a
prohibition specified in paragraph (1) that is
consistent with the exemptions authorized under
paragraph 2 of Article 4 of the LRTAP POPs
Protocol.
``(ii) Required elements of petitions.--Any
petition under clause (i) shall, at a minimum,
contain--
``(I) information relating to each
finding, if any, that the Administrator
is required to make under the LRTAP
POPs Protocol before granting the
exemption; and
``(II) any additional information,
if any, that the Administrator is
required to provide to the Secretariat
of the LRTAP POPs Protocol concerning a
granted exemption.
``(iii) Grant of exemption.--The
Administrator, with the concurrence of the
Secretary of State, shall, if the exemption is
authorized for the United States under, and is
otherwise consistent with, the LRTAP POPs
Protocol, grant an exemption under this
subparagraph with such conditions or
limitations as are necessary to meet any
requirement of the LRTAP POPs Protocol or any
other provision of law.
``(iv) Provision of information to
secretariat.--Notwithstanding any other
provision of law, if the Administrator grants
an exemption under this subparagraph, the
Administrator, not later than 90 days after the
date on which the exemption is granted, shall
provide to the Secretariat of the LRTAP POPs
Protocol the information specified in paragraph
3 of Article 4 of the LRTAP POPs Protocol.
``(v) Disallowance of exemption by lrtap
pops protocol.--If, after an exemption has been
granted under this subparagraph, the exemption
is no longer authorized for the United States
under the LRTAP POPs Protocol, it shall be
unlawful for any person to manufacture,
process, distribute in commerce, or use a LRTAP
POPs chemical substance or mixture in the
manner authorized by the exemption.
``(vi) No effect on other prohibitions.--
Nothing in this subparagraph authorizes any
manufacture, processing, distribution in
commerce, or use of a LRTAP POPs chemical
substance or mixture that is prohibited under
any other provision of law.
``(3) Certification statement accompanying lrtap pops
chemical substances or mixtures.--
``(A) In general.--Each LRTAP POPs chemical
substance or mixture that is distributed in commerce
under subparagraph (A)(i), (A)(vi), (A)(vii), or (B) of
paragraph (2) shall be accompanied by a certification
statement.
``(B) Person required to prepare.--A certification
statement required by subparagraph (A) shall be
prepared--
``(i) by the manufacturer or processor of
the LRTAP POPs chemical substance or mixture;
or
``(ii) if there is no certification
statement accompanying the LRTAP POPs chemical
substance or mixture, by any person that
distributes the LRTAP POPs chemical substance
or mixture in commerce.
``(C) Required elements.--The certification
statement shall contain--
``(i) a specification of the quantity and
identity of the LRTAP POPs chemical substance
or mixture;
``(ii) the basis for application of
subparagraph (A)(i), (A)(vi), (A)(vii), or (B)
of paragraph (2); and
``(iii) such other information as the
Administrator, after public notice and
opportunity for comment, determines to be
necessary for effective enforcement of this
subsection.
``(D) Duties of distributors.--Any person that
distributes in commerce the LRTAP POPs chemical
substance or mixture shall ensure that--
``(i) the certification statement
accompanies the LRTAP POPs chemical substance
or mixture when the LRTAP POPs chemical
substance or mixture is distributed in
commerce; and
``(ii) the distribution in commerce is
consistent with the certification statement.
``(E) Maintenance of certification statement.--A
person that prepares a certification statement shall
maintain a copy of the certification statement for a
period of not less than 3 years beginning on the date
on which the certification statement is prepared.
``(F) Regulations.--The Administrator may
promulgate such regulations as are necessary--
``(i) to facilitate implementation of this
paragraph;
``(ii) to ensure compliance with the LRTAP
POPs Protocol; and
``(iii) to harmonize the requirements of
this paragraph with certification requirements
under other provisions of this Act so as to
avoid any requirement that multiple
certification statements accompany any single
LRTAP POPs chemical substance or mixture.
``(h) Notice and Record of Prohibitions, Exemptions, Disallowances,
and Other Information.--
``(1) In general.--The Administrator, in cooperation with
the Secretary of State--
``(A) shall publish in the Federal Register timely
notice concerning--
``(i)(I) the POPs chemical substances and
mixtures subject to the prohibitions specified
in subsection (f);
``(II) any exemptions from the prohibitions
authorized under subsection (f), including any
disallowances of exemptions; and
``(III) a list of importing foreign states
from which the Administrator has received a
nonparty certification under subsection
(f)(2)(F)(iv); and
``(ii)(I) the LRTAP POPs chemical
substances and mixtures subject to the
prohibitions specified in subsection (g); and
``(II) any exemptions from the prohibitions
authorized under subsection (g), including any
disallowances of exemptions under subsection
(g)(2)(B)(v); and
``(B) may include in the notice any other
information that the Administrator determines to be
necessary to ensure adequate notice of the requirements
of--
``(i) this section;
``(ii) the POPs Convention; or
``(iii) the LRTAP POPs Protocol.
``(2) Integration with fifra information.--The
Administrator shall--
``(A) maintain a record that integrates the
information in the notice published under paragraph (1)
with any information published under section 17(g) of
the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136o(g));
``(B) update the record as necessary; and
``(C) make the record publicly available.
``(i) Harmonization of POPs Convention and LRTAP POPs Convention.--
``(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, both subsection (f) and
subsection (g) shall apply to the chemical substance or
mixture.
``(2) Conflict.--In the case of a conflict between
subsection (f) and subsection (g) with respect to a chemical
substance or mixture, the more stringent provision shall
govern.
``(3) Application.--With respect to a chemical substance or
mixture, subsections (f) and (g) shall be applied in such a
manner as to ensure that the United States is in compliance
with both the POPs Convention and the LRTAP POPs Protocol with
respect to the chemical substance or mixture.''.
SEC. 103. REPORTING AND RETENTION OF INFORMATION.
Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is
amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following:
``(f) Information Collection Under the POPs Convention.--
``(1) Proposal for listing meets pops convention screening
criteria.--
``(A) Publication of notice in federal register.--
As soon as practicable after the date of a
determination by the POPs Review Committee that a
proposal for listing a chemical substance or mixture in
Annex A, B, or C to the POPs Convention meets the
screening criteria specified in Annex D to the POPs
Convention, the Administrator may publish in the
Federal Register a notice that--
``(i) identifies the chemical substance or
mixture; and
``(ii) summarizes the determination of the
POPs Review Committee.
``(B) Provision of information by manufacturers,
processors, and distributors.--Not later than 60 days
after the date of publication of the notice under
subparagraph (A), any person that manufactures,
processes, or distributes in commerce a chemical
substance or mixture that is the subject of the notice
shall, and any other interested person may, provide to
the Administrator all of the following existing
information that is known or reasonably ascertainable
to the person:
``(i) The annual quantity of the chemical
substance or mixture manufactured and the
locations of the manufacture.
``(ii) The uses of the chemical substance
or mixture.
``(iii) The annual quantity of the chemical
substance or mixture that enters each
environmental medium.
``(iv) Other information relating to the
chemical substance or mixture that is
consistent with the information specified in
paragraph 1 of Annex D, and subsections (b)
through (e) of Annex E, to the POPs Convention.
``(C) Updating of information.--Information
required to be provided under subparagraph (B) shall be
updated on an annual basis until such time as--
``(i) the Conference determines not to list
the chemical substance or mixture in any Annex
to the POPs Convention; or
``(ii) the Administrator, with the
concurrence of the Secretary of State,
determines that such updates are no longer
necessary.
``(D) Provision of information by interested
persons.--Not later than 60 days after the date of
publication of the notice under subparagraph (A), any
interested person may provide to the Administrator any
arguments or information associated with the risks or
benefits of use of the chemical substance or mixture
that is the subject of the notice that, in the opinion
of the interested person, supports a determination
that--
``(i) the determination by the POPs Review
Committee with respect to the chemical
substance or mixture is correct or incorrect;
or
``(ii) some or all manufacturing,
processing, distribution in commerce, use, or
disposal of the chemical substance or mixture
in the United States does or does not present
an unreasonable risk of injury to health or the
environment.
``(E) Report by administrator to secretary of
state.--Based on information received under this
paragraph and any other relevant information available
to the Administrator, the Administrator, not later than
180 days after the date of publication of the notice
under subparagraph (A), shall submit to the Secretary
of State a report that contains, at a minimum--
``(i) information on the production and
uses in the United States of the chemical
substance or mixture; and
``(ii) an assessment of the benefits and
risks associated with the production and uses
in the United States of the chemical substance
or mixture.
``(2) Decision to proceed with listing process.--
``(A) Publication of notice in federal register.--
If the POPs Review Committee decides under paragraph 7
of Article 8 of the POPs Convention that a proposal for
listing a chemical substance or mixture shall proceed,
the Administrator may publish in the Federal Register a
notice that--
``(i) identifies the chemical substance or
mixture; and
``(ii) summarizes the decision of the POPs
Review Committee.
``(B) Provision of information by manufacturers,
processors, and distributors.--Not later than 60 days
after the date of publication of the notice under
subparagraph (A), any person that manufactures,
processes, or distributes in commerce a chemical
substance or mixture that is the subject of the notice
shall, and any other interested person may, provide to
the Administrator--
``(i) consistent with the information needs
described in Annex F to the POPs Convention,
any information that the person believes is
relevant to--
``(I) a risk management evaluation
carried out under paragraph 7 of
Article 8 of the POPs Convention;
``(II) a decision by the Conference
under paragraph 9 of Article 8 of the
POPs Convention; or
``(III) a determination whether
some or all of the
manufacturing, processing, distribution in commerce, use, or disposal
of the chemical substance or mixture in the United States does or does
not present an unreasonable risk of injury to health or the
environment; and
``(ii) information on any article in use
that consists of, contains, or is contaminated
with the chemical substance or mixture.
``(3) Applicability of information requirements.--The
information requirements of this subsection shall not apply to
a person subject to the requirements to the extent that the
person has actual knowledge that the Administrator has been
adequately informed of any of the information required to be
provided under this subsection.
``(4) Effect of failure to provide required information.--A
person that fails to provide a particular argument or piece of
information by a deadline established under this subsection may
not provide the information to be part of the record of any
subsequent rulemaking under section 6(a) to regulate the
chemical substance or mixture unless the person demonstrates
that the information could not reasonably have been made
available to the Administrator by the deadlines established
under this subsection.
``(g) Information Collection Under the LRTAP POPs Protocol.--
``(1) Risk profile in support of proposed amendment to
list.--
``(A) Publication of notice in federal register.--
As soon as practicable after the date of submission to
the Executive Body of a risk profile in support of a
proposed amendment to list a chemical substance or
mixture in Annex I, II, or III to the LRTAP POPs
Protocol, the Administrator may publish in the Federal
Register a notice that--
``(i) identifies the chemical substance or
mixture; and
``(ii) summarizes the risk profile for the
chemical substance or mixture.
``(B) Provision of information to the
administrator.--Not later than 60 days after the date
of publication of the notice under subparagraph (A),
any person that manufactures, processes, or distributes
in commerce a chemical substance or mixture that is the
subject of the notice shall, and any other interested
person may, provide to the Administrator all of the
following existing information that is known or
reasonably ascertainable to the person:
``(i) The potential for long-range
transboundary atmospheric transport of the
chemical substance or mixture.
``(ii) The toxicity of the chemical
substance or mixture.
``(iii) The persistence of the chemical
substance or mixture, including biotic
degradation processes and rates and degradation
products.
``(iv) The bioaccumulation of the chemical
substance or mixture, including
bioavailability.
``(v) The annual quantity of the chemical
substance or mixture manufactured and the
locations of the manufacture.
``(vi) The uses of the chemical substance
or mixture.
``(vii) The annual quantity of the chemical
substance or mixture that enters each
environmental medium.
``(viii) Environmental monitoring data
relating to the chemical substance or mixture.
``(ix)(I) Information on alternatives to
the uses of the chemical substance or mixture
and the efficacy of each alternative.
``(II) Information on any known adverse
environmental or human health effects
associated with each alternative.
``(x) Information on--
``(I) process changes, control
technologies, operating practices, and
other pollution prevention techniques
that can be used to reduce the
emissions of the chemical substance or
mixture; and
``(II) the applicability and
effectiveness of each technique
described in subclause (I).
``(xi) Information on the nonmonetary costs
and benefits and the quantifiable costs and
benefits associated with the use of each
alternative described in clause (ix) or
technique described in clause (x).
``(C) Updating of information.--Information
required to be provided under subparagraph (B) shall be
updated on an annual basis until such time as--
``(i) the parties to the LRTAP POPs
Protocol determine not to list the chemical
substance or mixture in any Annex to the LRTAP
POPs Protocol; or
``(ii) the Administrator, with the
concurrence of the Secretary of State,
determines that such updates are no longer
necessary.
``(D) Provision of information by interested
persons.--Not later than 60 days after the date of
publication of the notice under subparagraph (A), any
interested person may provide to the Administrator any
arguments or information associated with the risks or
benefits of use of the chemical substance or mixture
that is the subject of the notice that, in the opinion
of the interested person, supports a determination
that--
``(i) the risk profile for the chemical
substance or mixture is correct or incorrect;
or
``(ii) some or all manufacturing,
processing, distribution in commerce, use, or
disposal of the chemical substance or mixture
in the United States does or does not present
an unreasonable risk of injury to health or the
environment.
``(E) Report by administrator to secretary of
state.--Based on information received under this
paragraph and any other relevant information available
to the Administrator, the Administrator, not later than
180 days after the date of publication of the notice
under subparagraph (A), shall submit to the Secretary
of State a report that contains, at a minimum--
``(i) information on the production and
uses in the United States of the chemical
substance or mixture; and
``(ii) an assessment of the benefits and
risks associated with the production and uses
in the United States of the chemical substance
or mixture.
``(2) Applicability of information requirements.--The
information requirements of this subsection shall not apply to
a person subject to the requirements to the extent that the
person has actual knowledge that the Administrator has been
adequately informed of any of the information required to be
provided under this subsection.
``(3) Effect of failure to provide required information.--A
person that fails to provide a particular argument or piece of
information by a deadline established under this subsection may
not provide the information to be part of the record of any
subsequent rulemaking under section 6(a) to regulate the
chemical substance or mixture unless the person demonstrates
that the information could not reasonably have been made
available to the Administrator by the deadlines established
under this subsection.''.
SEC. 104. INTERNATIONAL CONVENTIONS AND COOPERATION IN INTERNATIONAL
EFFORTS.
(a) In General.--Section 9 of the Toxic Substances Control Act (15
U.S.C. 2608) is amended--
(1) in the section heading, by inserting ``; international
conventions'' before the period at the end; and
(2) by adding at the end the following:
``(e) International Conventions and Cooperation in International
Efforts.--In cooperation with the Secretary of State and the head of
any other appropriate Federal agency, the Administrator--
``(1) shall participate and cooperate in any international
efforts to develop improved research and regulations on
chemical substances and mixtures; and
``(2) should pursue opportunities to participate in
technical cooperation and capacity building activities designed
to support implementation of--
``(A) the LRTAP POPs Protocol;
``(B) the PIC Convention; and
``(C) the POPs Convention.''.
(b) Conforming Amendment.--The table of contents in section 1 of
the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended by
striking the item relating to section 9 and inserting the following:
``Sec. 9. Relationship to other Federal laws; international
conventions.''.
SEC. 105. 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) through (g), this Act (other than sections 6(f), 6(g), and
8)''; and
(2) by adding at the end the following:
``(c) Requirements for Exports.--
``(1) Compliance and certification.--In the case of a
chemical substance or mixture identified by the Administrator
in a notice issued under subsection (f)(3), any person that
manufactures, processes, or distributes in commerce the
chemical substance or mixture for export shall--
``(A) comply with any export conditions or
restrictions identified by the Administrator in the
notice; and
``(B) certify that the chemical substance or
mixture complies with the conditions or restrictions.
``(2) Certification statement.--
``(A) In general.--The certification statement for
a chemical substance or mixture described in paragraph
(1)(B) shall include--
``(i) an identification of the chemical
substance or mixture;
``(ii) an identification of the foreign
state to which the chemical substance or
mixture is intended for export;
``(iii) the export conditions or
restrictions identified by the Administrator in
the notice issued under subsection (f)(3) with
respect to the chemical substance or mixture;
``(iv) a description of the manner in which
those conditions or restrictions will be
complied with; and
``(v) any other information that the
Administrator determines to be necessary for
effective enforcement of the export conditions
or restrictions applicable to the chemical
substance or mixture.
``(B) Shipping.--The certification statement for a
chemical substance or mixture described in subparagraph
(A) shall be included among the shipping documents for,
and shall accompany, the chemical substance or mixture.
``(C) Maintenance of certification statement.--A
person that is required to prepare a certification
statement under paragraph (1)(B) shall maintain a copy
of the certification statement for a period of not less
than 3 years beginning on the date on which the
certification statement is prepared.
``(D) Regulations.--The Administrator may
promulgate such regulations as the Administrator
determines to be necessary--
``(i) to facilitate implementation of this
subsection;
``(ii) to ensure compliance with the PIC
Convention; and
``(iii) to harmonize the certification
requirement of this subsection with
certification requirements under other
provisions of this Act so as to avoid any
requirement that multiple certification
statements accompany any single chemical
substance or mixture.
``(d) Banned and Restricted Chemical Substances and Mixtures.--
``(1) In general.--
``(A) Requirement.--Except as provided in paragraph
(2), in the case of a chemical substance or mixture
that the Administrator determines to be banned or
severely restricted under subsection (f)(1), the
exporter of the chemical substance or mixture shall
provide to the Administrator notice of the intent of
the exporter to export the chemical substance or
mixture.
``(B) Timing of notice.--
``(i) First export.--In the case of a first
export from the territory of the United States
to each importing foreign state that occurs
after the Administrator issues a notice under
subsection (f)(1), the notice shall be received
not earlier than 30 days but not later than 15
days before the date of export.
``(ii) Subsequent exports.--In the case of
subsequent exports to the foreign state, the
notice shall be received not earlier than 30
days but not later than 15 days before the date
of the first export in each calendar year.
``(2) Later notices.--Notwithstanding paragraph (1), the
Administrator may permit notices of intent to export to be
received less than 15 days before the date of a first export
described in paragraph (1)(A), or less than 15 days before the
date of a first export in each calendar year described in
paragraph (1)(B), if the Administrator determines, based on the
Administrator's experience with the notification program under
this subsection, that the notice activities under this
subsection may be administered in accordance with the PIC
Convention despite such a shortened notice period.
``(3) Inclusions.--A notice of intent to export submitted
to the Administrator under paragraph (1) shall include--
``(A) the name and address of the exporter;
``(B) the name and address of the appropriate
designated national authority of the United States;
``(C) the name and address of the appropriate
designated national authority of the importing foreign
state, if available;
``(D) the name and address of the importer;
``(E) the name of the chemical substance or mixture
for which the notice is required;
``(F) the expected date of export;
``(G) the foreseen uses of the chemical substance
or mixture, if known, in the importing foreign state;
``(H) any information on precautionary measures to
reduce exposure to, and emission of, the chemical
substance or mixture;
``(I) the concentration of the chemical substance
or mixture; and
``(J) any other information specified in Annex V to
the PIC Convention.
``(e) Labeling Requirements.--
``(1) In general.--In the case of any chemical substance or
mixture that is the subject of a notice issued under paragraph
(1) or (3) of subsection (f) and that is manufactured,
processed, or distributed in commerce for export, the chemical
substance or mixture shall, in accordance with the PIC
Convention--
``(A) bear labeling information relating to any
significant risks or hazards to human health or the
environment; and
``(B) be accompanied by shipping documents that
include any relevant safety data sheets on the chemical
substance or mixture.
``(2) Custom codes.--A chemical substance or mixture that
is the subject of a notice issued under subsection (f)(3) and
that is distributed or sold for export shall be accompanied by
shipping documents that bear, at a minimum, any appropriate
harmonized system customs codes assigned by the World Customs
Organization.
``(f) Notice Requirements and Exemption.--
``(1) Determination whether pesticide is banned or severely
restricted.--
``(A) In general.--The Administrator, with the
concurrence of the Secretary of State, shall determine
whether a chemical substance or mixture is banned or
severely restricted within the United States (as those
terms are defined by the PIC Convention).
``(B) Notice of determinations.--Notwithstanding
any other provision of law, the Administrator shall
issue to the Secretariat of the PIC Convention and the
public a notice of each determination under
subparagraph (A) that includes--
``(i) in the case of a notice to the
Secretariat of the PIC Convention, the
information specified in Annex I to the PIC
Convention; and
``(ii) in the case of a notice to the
public, at a minimum, a summary of that
information.
``(2) Notice to foreign countries.--
``(A) In general.--Notwithstanding any other
provision of law, on receipt of a notice of intent to
export under subsection (d), the Administrator shall
provide a copy of the notice to the designated national
authority of the importing foreign state.
``(B) Nonidentified designated national
authority.--In a case in which a designated national
authority has not been identified, the Administrator
shall provide the notice of intent to export to any
other appropriate official of the importing foreign
state, as identified by the Administrator.
``(3) Notice to public.--
``(A) In general.--The Administrator, with the
concurrence of the Secretary of State, shall issue a
notice to inform the public of--
``(i) any chemical substance or mixture
that is listed on Annex III to the PIC
Convention; and
``(ii) any condition or restriction of an
importing foreign state that is applicable to
the import, in accordance with the PIC
Convention, of the chemical substance or
mixture.
``(B) Timing.--A notice required under subparagraph
(A) shall be issued not later than 90 days after, and
any conditions or restrictions described in
subparagraph (A)(ii) shall take effect not later than
180 days after, the date of receipt of a notice from
the Secretariat of the PIC Convention who--
``(i) transmits import decisions of the
parties to the PIC Convention; or
``(ii) provides notice of the failure of
the parties to provide import decisions.
``(C) Treatment of conditions and restrictions.--A
condition or restriction identified by a notice
required under subparagraph (A) shall be considered to
be an export condition or restriction for the purpose
of subsection (c).
``(4) Notice of exemption.--The Administrator may issue a
notice exempting any chemical substance or mixture from the
requirements of subsections (c) through (e) and this subsection
if the Administrator determines, with the concurrence of the
Secretary of State, that the exemption would be consistent with
the PIC Convention.
``(5) Integration with other notices.--To the maximum
extent practicable, the Administrator shall integrate the
information contained in any notice issued under this
subsection into any notice published under--
``(A) section 6(h); or
``(B) section 17(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136o(g)).
``(g) Harmonization of POPs Convention and PIC Convention.--
``(1) In general.--If the export of a chemical substance or
mixture is addressed or restricted under both section 6(f) and
this section, both section 6(f) and this section shall apply to
the chemical substance or mixture.
``(2) Conflict.--In the case of a conflict between section
6(f) and this section with respect to a chemical substance or
mixture, the more stringent provision shall govern.
``(3) Application.--With respect to a chemical substance or
mixture, section 6(f) and this section shall be applied in such
a manner as to ensure that the United States is in compliance
with both the POPs Convention and the PIC Convention with
respect to the chemical substance or mixture.''.
SEC. 106. PROHIBITED ACTS.
Section 15(1) of the Toxic Substances Control Act (15 U.S.C.
2614(1)) is amended by striking ``or (D)'' and inserting ``(D) any
requirement of section 12 or 13 (including regulations promulgated
under either section), or (E)''.
TITLE II--USE OR PRODUCTION OF POPS PESTICIDES
SEC. 201. DEFINITIONS.
Section 2 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136) is amended by adding at the end the following:
``(pp) Conference.--The term `Conference' means the Conference of
the Parties established by paragraph 1 of Article 19 of the POPs
Convention.
``(qq) Designated National Authority.--The term `designated
national authority' means the 1 or more authorities that a government
designates in a notification to the Secretariat of the PIC Convention
in accordance with the PIC Convention.
``(rr) Executive Body.--The term `Executive Body' means the
Executive Body established by Article 10 of the LRTAP Convention.
``(ss) LRTAP Convention.--The term `LRTAP Convention' means the
Convention on Long-Range Transboundary Air Pollution, done at Geneva on
November 13, 1979 (TIAS 10541), to which the United States is a party.
``(tt) LRTAP POPs Pesticide.--The term `LRTAP POPs pesticide' means
any pesticide or active ingredient--
``(1) used in producing a pesticide that is listed in Annex
I or II to the LRTAP POPs Protocol; and
``(2) with respect to which the listing has entered into
force with respect to the United States under paragraph 3 of
Article 14 of the LRTAP POPs Protocol.
``(uu) 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, to which the United States is a party.
``(vv) 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, to which the United States is a
party.
``(ww) POPs Convention.--The term `POPs Convention' means the
Stockholm Convention on Persistent Organic Pollutants, done at
Stockholm on May 22, 2001, to which the United States is a party.
``(xx) POPs Pesticide.--The term `POPs pesticide' means any
pesticide or active ingredient used in producing a pesticide--
``(1) that is listed in Annex A or B to the POPs
Convention; and
``(2) with respect to which any applicable provision of the
POPs Convention has entered into force with respect to the
United States under paragraph 4 of Article 22 of the POPs
Convention.
``(yy) 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. 202. REGISTRATION OF PESTICIDES.
Section 3 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a) is amended by striking subsection (b) and inserting
the following:
``(b) Exemptions.--
``(1) In general.--Except as provided in paragraph (2), any
pesticide that is not registered with the Administrator may be
transferred if--
``(A) the transfer is from 1 registered
establishment to a second registered establishment
operated by the same producer solely for--
``(i) packaging at the second
establishment; or
``(ii) use as a constituent part of another
pesticide at the second establishment; or
``(B) the transfer is in accordance with the
requirements of an experimental use permit.
``(2) POPs pesticides.--Paragraph (1) shall not apply to a
POPs pesticide or LRTAP POPs pesticide unless the POPs
pesticide or LRTAP POPs pesticide is permitted to be
transferred under any applicable exemption under subsection
(e)(2) or (f)(2) of section 17.''.
SEC. 203. UNLAWFUL ACTS.
Section 12(a)(2) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136j(a)(2)) is amended--
(1) in subparagraph (R), by striking ``or'' at the end;
(2) in subparagraph (S), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(T) to violate section 17 (including any
regulations promulgated under that section).''.
SEC. 204. IMPORTS, EXPORTS, AND INTERNATIONAL CONVENTIONS.
(a) Pesticides and Devices Intended for Export.--Section 17(a) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136o(a)) is amended--
(1) in the first sentence--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) if the export is in compliance with this section.'';
and
(2) in the second sentence, by striking ``that statement''
and inserting ``the statement required under paragraph (2)''.
(b) Imports of Pesticides and Devices.--Section 17(c) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136o(c))
is amended by adding at the end the following: ``Nothing in this
subsection authorizes the import of any POPs pesticide or LRTAP POPs
pesticide that is prohibited under subsection (e) or (f).''.
(c) International Conventions and Cooperation in International
Efforts.--Section 17 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136o) is amended--
(1) in subsection (d)--
(A) by striking ``Administrator shall,'' and
inserting ``Administrator,'';
(B) by striking ``agency, participate'' and
inserting ``agency--
``(1) shall participate'';
(C) by striking the period at the end and inserting
``; and''; and
(D) by adding at the end the following:
``(2) should pursue opportunities to participate in
technical cooperation and capacity building activities designed
to support implementation of--
``(A) the LRTAP POPs Protocol;
``(B) the PIC Convention; and
``(C) the POPs Convention.'';
(2) by redesignating subsection (e) as subsection (j); and
(3) by inserting after subsection (d) the following:
``(e) POPs Convention.--
``(1) Prohibition on specified pops pesticides.--Subject to
paragraph (2), subsection (i), and the POPs Convention,
notwithstanding any other provision of law, a person shall not
sell, distribute, use, produce, or conduct any disposal
operation that may lead to recovery, recycling, reclamation,
reuse, or an alternative use of any of the following POPs
pesticides:
``(A) Aldrin.
``(B) Chlordane.
``(C) Dichlorodiphenyltrichloroethane (DDT).
``(D) Dieldrin.
``(E) Endrin.
``(F) Heptachlor.
``(G) Hexachlorobenzene.
``(H) Mirex.
``(I) Toxaphene.
``(2) Exemptions.--
``(A) Unintentional trace contaminants.--To the
extent consistent with the POPs Convention, the
prohibitions specified in paragraph (1) shall not apply
to any quantity of a POPs pesticide that occurs as an
unintentional trace contaminant in a product or
article.
``(B) Research.--To the extent consistent with the
POPs Convention, the prohibitions specified in
paragraph (1) shall not apply to any quantity of a POPs
pesticide that is used for laboratory scale research or as a reference
standard.
``(C) Constituent of article in use before
prohibition applied.--To the extent consistent with the
POPs Convention, the prohibitions specified in
paragraph (1) shall not apply to any quantity of a POPs
pesticide that occurs as a constituent of an article,
if--
``(i) the article is manufactured or in use
on or before the date of entry into force of
the obligation of the POPs Convention
applicable to the POPs pesticide; and
``(ii) the Administrator has met any
applicable requirement of the POPs Convention
to notify the Secretariat of the POPs
Convention concerning the article.
``(D) Distribution for export if production or use
specific exemption or acceptable purpose is in
effect.--
``(i) In general.--To the extent consistent
with the POPs Convention, the prohibitions
specified in paragraph (1) shall not apply to
any distribution for export of any POPs
pesticide for which a production or use
specific exemption under Annex A to the POPs
Convention is in effect, or for which a
production or use specific exemption or
acceptable purpose under Annex B to the POPs
Convention is in effect, to the extent that the
POPs pesticide complies with an export
condition described in clause (ii), (iii), or
(iv). Any determination by the Administrator
that an export condition described in clause
(ii), (iii), or (iv) is not met shall be made
in cooperation with the heads of other
interested Federal agencies.
``(ii) Export for environmentally sound
disposal.--An export condition referred to in
clause (i) is that the POPs pesticide is
exported for the purpose of environmentally
sound disposal in accordance with paragraph
1(d) of Article 6 of the POPs Convention.
``(iii) Export to party with permission to
use.--An export condition referred to in clause
(i) is that the POPs pesticide is exported to a
party to the POPs Convention that is permitted
to use the POPs pesticide under Annex A or B to
the POPs Convention.
``(iv) Export to nonparty that has provided
a nonparty certification.--
``(I) In general.--An export
condition referred to in clause (i) is
that the POPs pesticide is exported, to
an importing foreign state that is not
a party to the POPs Convention with
respect to the POPs pesticide, that has
provided an annual certification.
``(II) Commitments by importing
nonparty.--Consistent with paragraph
(2)(b)(iii) of Article 3 of the POPs
Convention, an annual nonparty
certification under subclause (I) shall
specify the intended use of the POPs
pesticide and state that, with respect
to the POPs pesticide, the importing
nonparty is committed to--
``(aa) protecting human
health and the environment by
taking necessary measures to
minimize or prevent releases;
``(bb) complying with
paragraph 1 of Article 6 of the
POPs Convention; and
``(cc) complying, to the
extent appropriate, with
paragraph 2 of Part II of Annex
B to the POPs Convention.
``(III) Submission to secretariat
of pops convention.--Not later than 60
days after the date of receipt of a
nonparty certification, the
Administrator shall submit a copy of
the nonparty certification to the
Secretariat of the POPs Convention.
``(E) Export for environmentally sound disposal if
no production or use specific exemption in effect.--To
the extent consistent with the POPs Convention, the
prohibitions specified in paragraph (1) shall not apply
to any distribution for export for the purpose of
environmentally sound disposal, in accordance with
paragraph 1(d) of Article 6 of the POPs Convention, of
a POPs pesticide listed in Annex A to the POPs
Convention for which no production or use specific
exemption is in effect for any party to the POPs
Convention.
``(F) Imports for environmentally sound disposal.--
To the extent consistent with the POPs Convention, the
prohibitions specified in paragraph (1) shall not apply
to any distribution of a POPs pesticide that is
imported for the purpose of environmentally sound
disposal in accordance with paragraph 1(d) of Article 6
of the POPs Convention.
``(G) No effect on other prohibitions.--Nothing in
this paragraph authorizes any sale, distribution, use,
or production, or any disposal operation, that may lead
to recovery, recycling, reclamation, reuse, or an
alternative use, of any POPs pesticide that is
prohibited under any other provision of law.
``(3) Certification statement accompanying pops
pesticides.--
``(A) In general.--Each POPs pesticide that is sold
or distributed under subparagraph (B), (D), (E), or (F)
of paragraph (2) shall be accompanied by a certification statement.
``(B) Person required to prepare.--A certification
statement required by subparagraph (A) shall be
prepared--
``(i) by the producer of the POPs
pesticide; or
``(ii) if there is no certification
statement accompanying the POPs pesticide, by
any person that sells or distributes the POPs
pesticide.
``(C) Required elements.--The certification
statement shall contain--
``(i) a specification of the quantity and
identity of the POPs pesticide;
``(ii) the basis for application of
subparagraph (B), (D), (E), or (F) of paragraph
(2); and
``(iii) such other information as the
Administrator, after public notice and
opportunity for comment, determines to be
necessary for effective enforcement of this
subsection.
``(D) Duties of sellers and distributors.--Any
person that sells or distributes the POPs pesticide
shall ensure that--
``(i) the certification statement
accompanies the POPs pesticide when the POPs
pesticide is sold or distributed; and
``(ii) the sale or distribution is
consistent with the certification statement.
``(E) Maintenance of certification statement.--A
person that prepares a certification statement shall
maintain a copy of the certification statement for a
period of not less than 3 years beginning on the date
on which the certification statement is prepared.
``(F) Regulations.--The Administrator may
promulgate such regulations as are necessary--
``(i) to facilitate implementation of this
paragraph;
``(ii) to ensure compliance with the POPs
Convention; and
``(iii) to harmonize the requirements of
this paragraph with certification requirements
under other provisions of this Act so as to
avoid any requirement that multiple
certification statements accompany any single
POPs pesticide.
``(4) Submission of information.--
``(A) Proposal for listing meets pops convention
screening criteria.--
``(i) Publication of notice in federal
register.--As soon as practicable after the
date of a determination by the POPs Review
Committee that a proposal for listing a
pesticide in Annex A, B, or C to the POPs
Convention meets the screening criteria
specified in Annex D to the POPs Convention,
the Administrator may publish in the Federal
Register a notice that--
``(I) identifies the pesticide; and
``(II) summarizes the determination
of the POPs Review Committee.
``(ii) Provision of arguments or
information to the administrator.--Not later
than 60 days after the date of publication of
the notice under clause (i), any registrant of
the pesticide or other interested person that
might support or object to any listing of the
pesticide in Annex A, B, or C to the POPs
Convention may provide to the Administrator any
arguments or information associated with the
risks or benefits of use of the pesticide
(including information specified in Annex D or
E to the POPs Convention) that, in the opinion
of the registrant or other interested person,
supports a determination that--
``(I) the determination by the POPs
Review Committee is correct or
incorrect; or
``(II) any or all uses of the
pesticide in the United States do or do
not result in any unreasonable adverse
effect on the environment.
``(iii) Provision of additional
information.--If a registrant or other
interested person obtains, after the deadline
established under clause (ii), additional
information that was not available to the
registrant or other interested person by the
deadline, the registrant or other interested
person may provide to the Administrator the
additional information, and arguments based on
the additional information, not later than 60
days after the date of acquisition by the
registrant or other interested person of the
additional information.
``(iv) Report by administrator to secretary
of state.--Based on information received under
this paragraph and any other relevant
information available to the Administrator, the
Administrator, not later than 180 days after
the date of publication of the notice under
clause (i), shall submit to the Secretary of
State a report that contains, at a minimum--
``(I) information on the registered
uses in the United States of the
pesticide; and
``(II) an assessment of the
benefits and risks associated with the
uses in the United States of the
pesticide.
``(B) Decision to proceed with listing process.--
``(i) Publication of notice in federal
register.--If the POPs Review Committee decides
under paragraph 7 of Article 8 of the POPs
Convention that a proposal for listing a
pesticide shall proceed, the Administrator may publish in the Federal
Register a notice that--
``(I) identifies the pesticide; and
``(II) summarizes the decision of
the POPs Review Committee.
``(ii) Provision of information by
interested persons.--Not later than 60 days
after the date of publication of the notice
under clause (i), any person interested in a
pesticide that is the subject of the notice may
provide to the Administrator--
``(I) consistent with the
information needs described in Annex F
to the POPs Convention, any information
that the person believes is relevant
to--
``(aa) a risk management
evaluation carried out under
paragraph 7 of Article 8 of the
POPs Convention;
``(bb) a decision by the
Conference under paragraph 9 of
Article 8 of the POPs
Convention; or
``(cc) a determination
whether some or all of the uses
of the pesticide cause
unreasonable adverse effects on
the environment; and
``(II) information on any article
in use that consists of, contains, or
is contaminated with the pesticide.
``(C) Effect of failure to submit information.--If
an argument or item of information is not submitted by
a deadline established under this paragraph, a person
may not raise the argument or submit the information in
any subsequent cancellation proceeding initiated by the
Administrator under section 6 unless the person that
seeks to raise the argument or submit the information
demonstrates that the argument or information could not
reasonably have been made available to the
Administrator by the deadlines established under this
paragraph.
``(f) LRTAP POPs Protocol.--
``(1) Prohibition on specified lrtap pops pesticides.--
Subject to paragraph (2), subsection (i), and the LRTAP POPs
Protocol, notwithstanding any other provision of law, a person
shall not sell, distribute, use, or produce any of the
following LRTAP POPs pesticides:
``(A) Aldrin.
``(B) Chlordane.
``(C) Chlordecone.
``(D) Dichlorodiphenyltrichloroethane (DDT).
``(E) Dieldrin.
``(F) Endrin.
``(G) Heptachlor.
``(H) Hexabromobiphenyl.
``(I) Hexachlorobenzene.
``(J) Hexachlorocyclohexane (HCH).
``(K) Mirex.
``(L) PCBs.
``(M) Toxaphene.
``(2) Exemptions.--
``(A) In general.--To the extent consistent with
the LRTAP POPs Protocol, the prohibitions specified in
paragraph (1) shall not apply to--
``(i) any quantity of a LRTAP POPs
pesticide that is used for laboratory scale
research or as a reference standard;
``(ii) any quantity of a LRTAP POPs
pesticide that occurs as a contaminant in a
product;
``(iii) any quantity of a LRTAP POPs
pesticide that is in an article manufactured or
in use on or before the date of entry into
force of the obligation of the LRTAP POPs
Protocol applicable to the POPs pesticide; or
``(iv) the production or use of any
quantity of hexachlorocyclohexane (HCH) that
complies with the restrictions and conditions
specified for HCH in Annex II to the LRTAP POPs
Protocol.
``(B) Exemptions authorized by lrtap pops
protocol.--
``(i) In general.--The Administrator, with
the concurrence of the Secretary of State, on
the Administrator's own motion or on petition
of any person, may grant an exemption from a
prohibition specified in paragraph (1) that is
consistent with the exemptions authorized under
paragraph 2 of Article 4 of the LRTAP POPs
Protocol.
``(ii) Required elements of petitions.--Any
petition under clause (i) shall, at a minimum,
contain--
``(I) information relating to each
finding, if any, that the Administrator
is required to make under the LRTAP
POPs Protocol before granting the
exemption; and
``(II) any additional information,
if any, that the Administrator is
required to provide to the Secretariat
of the LRTAP POPs Protocol concerning a
granted exemption.
``(iii) Grant of exemption.--The
Administrator, with the concurrence of the
Secretary of State, shall, if the exemption is
authorized for the United States under, and is
otherwise consistent with, the LRTAP POPs
Protocol, grant an exemption under this
subparagraph with such conditions or
limitations as are necessary to meet any
requirement of the LRTAP POPs Protocol or any
other provision of law.
``(iv) Provision of information to
secretariat.--Notwithstanding any other
provision of law, if the Administrator grants
an exemption under this subparagraph, the
Administrator, not later than 90 days after the
date on which the exemption is granted, shall
provide to the Secretariat of the LRTAP POPs
Protocol the information specified in paragraph
3 of Article 4 of the LRTAP POPs Protocol.
``(v) Disallowance of exemption by lrtap
pops protocol.--If, after an exemption has been
granted under this subparagraph, the exemption
is no longer authorized for the United States
under the LRTAP POPs Protocol, it shall be
unlawful for any person to sell, distribute,
use, or produce a LRTAP POPs pesticide in the
manner authorized by the exemption.
``(C) No effect on other prohibitions.--Nothing in
this paragraph authorizes any sale, distribution, use,
or production of any LRTAP POPs pesticide that is
prohibited under any other provision of law.
``(3) Certification statement accompanying lrtap pops
pesticides.--
``(A) In general.--Each LRTAP POPs pesticide that
is sold or distributed under subparagraph (A)(i) or (B)
of paragraph (2) shall be accompanied by a
certification statement.
``(B) Person required to prepare.--A certification
statement required by subparagraph (A) shall be
prepared--
``(i) by the producer of the LRTAP POPs
pesticide; or
``(ii) if there is no certification
statement accompanying the LRTAP POPs
pesticide, by any person that sells or
distributes the LRTAP POPs pesticide.
``(C) Required elements.--The certification
statement shall contain--
``(i) a specification of the quantity and
identity of the LRTAP POPs pesticide;
``(ii) the basis for application of
subparagraph (A)(i) or (B) of paragraph (2);
and
``(iii) such other information as the
Administrator, after public notice and
opportunity for comment, determines to be
necessary for effective enforcement of this
subsection.
``(D) Duties of sellers and distributors.--Any
person that sells or distributes the LRTAP POPs
pesticide shall ensure that--
``(i) the certification statement
accompanies the LRTAP POPs pesticide when the
LRTAP POPs pesticide is sold or distributed;
and
``(ii) the sale or distribution is
consistent with the certification statement.
``(E) Maintenance of certification statement.--A
person that prepares a certification statement shall
maintain a copy of the certification statement for a
period of not less than 3 years beginning on the date
on which the certification statement is prepared.
``(F) Regulations.--The Administrator may
promulgate such regulations as are necessary--
``(i) to facilitate implementation of this
paragraph;
``(ii) to ensure compliance with the LRTAP
POPs Protocol; and
``(iii) to harmonize the requirements of
this paragraph with certification requirements
under other provisions of this Act so as to
avoid any requirement that multiple
certification statements accompany any single
POPs pesticide.
``(4) Submission of information.--
``(A) Risk profile in support of proposed amendment
to list.--
``(i) Publication of notice in federal
register.--As soon as practicable after the
date of submission to the Executive Body of a
risk profile in support of a proposed amendment
to list a pesticide in Annex I, II, or III to
the LRTAP POPs Protocol, the Administrator may
publish in the Federal Register a notice that--
``(I) identifies the pesticide; and
``(II) summarizes the risk profile
for the pesticide.
``(ii) Provision of arguments or
information to the administrator.--Not later
than 60 days after the date of publication of
the notice under clause (i), any registrant of
the pesticide or other interested person that
might support or object to any listing of the
pesticide in Annex I, II, or III to the LRTAP
POPs Protocol may provide to the Administrator
any arguments or information associated with
the risks or benefits of use of the pesticide
that, in the opinion of the registrant or other
interested person, supports a determination
that--
``(I) the risk profile is correct
or incorrect; or
``(II) any or all uses of the
pesticide in the United States do or do
not result in any unreasonable adverse
effect on the environment.
``(iii) Provision of additional
information.--If a registrant or other
interested person obtains, after the deadline
established under clause (ii), additional
information that was not available to the
registrant or other interested person by the
deadline, the registrant or other interested
person may provide to the Administrator the
additional information, and arguments based on the additional
information, not later than 60 days after the date of acquisition by
the registrant or other interested person of the additional
information.
``(iv) Report by administrator to secretary
of state.--Based on information received under
this paragraph and any other relevant
information available to the Administrator, the
Administrator, not later than 180 days after
the date of publication of the notice under
clause (i), shall submit to the Secretary of
State a report that contains, at a minimum--
``(I) information on the registered
uses in the United States of the
pesticide; and
``(II) an assessment of the
benefits and risks associated with the
uses in the United States of the
pesticide.
``(B) Effect of failure to submit information.--If
an argument or item of information is not submitted by
a deadline established under this paragraph, a person
may not raise the argument or submit the information in
any subsequent cancellation proceeding initiated by the
Administrator under section 6 unless the person that
seeks to raise the argument or submit the information
demonstrates that the argument or information could not
reasonably have been made available to the
Administrator by the deadlines established under this
paragraph.
``(g) Notice and Record of Prohibitions, Exemptions, Disallowances,
and Other Information.--
``(1) In general.--The Administrator, in cooperation with
the Secretary of State--
``(A) shall publish in the Federal Register timely
notice concerning--
``(i)(I) the POPs pesticides subject to the
prohibitions specified in subsection (e);
``(II) any exemptions from the prohibitions
authorized under subsection (e), including any
disallowances of exemptions; and
``(III) a list of importing foreign states
from which the Administrator has received a
nonparty certification under subsection
(e)(2)(D)(iv); and
``(ii)(I) the LRTAP POPs pesticides subject
to the prohibitions specified in subsection
(f); and
``(II) any exemptions from the prohibitions
authorized under subsection (f), including any
disallowances of exemptions under subsection
(f)(2)(B)(v); and
``(B) may include in the notice any other
information that the Administrator determines to be
necessary to ensure adequate notice of the requirements
of--
``(i) this section;
``(ii) the POPs Convention; or
``(iii) the LRTAP POPs Protocol.
``(2) Integration with tsca information.--The Administrator
shall--
``(A) maintain a record that integrates the
information in the notice published under paragraph (1)
with any information published under section 6(h) of
the Toxic Substances Control Act (15 U.S.C. 2605(h));
``(B) update the record as necessary; and
``(C) make the record publicly available.
``(h) PIC Convention.--
``(1) Requirements for exports.--
``(A) Compliance and certification.--
``(i) In general.--In the case of a
pesticide or active ingredient used in
producing a pesticide identified by the
Administrator in a notice issued under
paragraph (2)(C), any person that distributes
or sells the pesticide or active ingredient for
export shall--
``(I) comply with any export
conditions or restrictions identified
by the Administrator in the notice; and
``(II) certify that the pesticide
or active ingredient complies with the
conditions or restrictions.
``(ii) Certification statement.--
``(I) In general.--The
certification statement for a pesticide
or active ingredient described in
clause (i)(II) shall include--
``(aa) an identification of
the pesticide or active
ingredient;
``(bb) an identification of
the foreign state to which the
pesticide or active ingredient
is intended for export;
``(cc) the export
conditions or restrictions
identified by the Administrator
in the notice issued under
paragraph (2)(C) with respect
to the pesticide or active
ingredient;
``(dd) a description of the
manner in which those
conditions or restrictions will
be complied with; and
``(ee) any other
information that the
Administrator determines to be
necessary for effective
enforcement of the export
conditions or restrictions
applicable to the pesticide or
active ingredient.
``(II) Shipping.--The certification
statement for a pesticide or active
ingredient described in subclause (I)
shall be included among the shipping
documents for, and shall accompany, the
pesticide or active ingredient.
``(III) Maintenance of
certification statement.--A person that
is required to prepare a certification
statement under clause (i)(II) shall
maintain a copy of the certification
statement for a period of not less than
3 years beginning on the date on which
the certification statement is
prepared.
``(IV) Regulations.--The
Administrator may promulgate such
regulations as the Administrator
determines to be necessary--
``(aa) to facilitate
implementation of this
subparagraph;
``(bb) to ensure compliance
with the PIC Convention; and
``(cc) to harmonize the
certification requirement of
this subparagraph with
certification requirements
under other provisions of this
Act so as to avoid any
requirement that multiple
certification statements
accompany any single pesticide
or active ingredient.
``(B) Banned and restricted pesticides and active
ingredients.--
``(i) In general.--
``(I) Requirement.--Except as
provided in clause (ii), in the case of
a pesticide or active ingredient used
in producing a pesticide that the
Administrator determines to be banned
or severely restricted under paragraph
(2)(A), the exporter of the pesticide
or active ingredient shall provide to
the Administrator notice of the intent
of the exporter to export the pesticide
or active ingredient.
``(II) Timing of notice.--
``(aa) First export.--In
the case of a first export from
the territory of the United
States to each importing
foreign state that occurs after
the Administrator issues a
notice under paragraph (2)(A),
the notice shall be received
not earlier than 30 days but
not later than 15 days before
the date of export.
``(bb) Subsequent
exports.--In the case of
subsequent exports to the
foreign state, the notice shall
be received not earlier than 30
days but not later than 15 days
before the date of the first
export in each calendar year.
``(ii) Later notices.--Notwithstanding
clause (i), the Administrator may permit
notices of intent to export to be received less
than 15 days before the date of a first export
described in clause (i)(I), or less than 15
days before the date of a first export in each
calendar year described in clause (i)(II), if
the Administrator determines, based on the
Administrator's experience with the
notification program under this subparagraph,
that the notice activities under this
subparagraph may be administered in accordance
with the PIC Convention despite such a
shortened notice period.
``(iii) Inclusions.--A notice of intent to
export submitted to the Administrator under
clause (i) shall include--
``(I) the name and address of the
exporter;
``(II) the name and address of the
appropriate designated national
authority of the United States;
``(III) the name and address of the
appropriate designated national
authority of the importing foreign
state, if available;
``(IV) the name and address of the
importer;
``(V) the name of the pesticide or
active ingredient used in producing a
pesticide for which the notice is
required;
``(VI) the expected date of export;
``(VII) the foreseen uses of the
pesticide or active ingredient used in
producing a pesticide, if known, in the
importing foreign state;
``(VIII) any information on
precautionary measures to reduce
exposure to, and emission of, the
pesticide or active ingredient used in
producing a pesticide;
``(IX) the concentration of the
pesticide or active ingredient used in
producing a pesticide; and
``(X) any other information
specified in Annex V to the PIC
Convention.
``(C) Labeling requirements.--
``(i) In general.--In the case of any
pesticide or active ingredient used in
producing a pesticide that is the subject of a
notice issued under subparagraph (A) or (C) of
paragraph (2) and that is distributed or sold
for export, the pesticide or active ingredient
shall, in accordance with the PIC Convention--
``(I) bear labeling information
relating to any significant 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 pesticide or
active ingredient.
``(ii) Custom codes.--A pesticide or active
ingredient used in producing a pesticide that
is the subject of a notice issued under
paragraph (2)(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.
``(2) Notice requirements and exemptions.--
``(A) Determination whether pesticide is banned or
severely restricted.--
``(i) In general.--The Administrator, with
the concurrence of the Secretary of State,
shall determine whether a pesticide or active
ingredient used in producing a pesticide 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, on receipt of a notice
of intent to export under paragraph (1)(B), the
Administrator shall provide a copy of the
notice to the designated national authority of
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 pesticide or active
ingredient used in producing a
pesticide that is listed on Annex III
to the PIC Convention; and
``(II) any condition or restriction
of an importing foreign state that is
applicable to the import, in accordance
with the PIC Convention, of the
pesticide or active ingredient.
``(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 who--
``(I) transmits import decisions of
the parties to the PIC Convention; or
``(II) provides notice of the
failure of the parties to provide
import decisions.
``(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)(A).
``(D) Notice of exemption.--The Administrator may
issue a notice exempting any pesticide or active
ingredient used in producing a pesticide from the
requirements of paragraph (1) or this paragraph if the
Administrator determines, with the concurrence of the
Secretary of State, that the exemption would be
consistent with the PIC Convention.
``(E) Integration with other notices.--To the
maximum extent practicable, the Administrator shall
integrate the information contained in any notice
issued under this paragraph into any notice published
under--
``(i) subsection (g); or
``(ii) section 6(h) of the Toxic Substances
Control Act (15 U.S.C. 2605(h)).
``(i) Harmonization.--
``(1) POPs convention and lrtap pops protocol.--
``(A) In general.--If a pesticide is both a POPs
pesticide and a LRTAP POPs pesticide, both subsection
(e) and subsection (f) shall apply to the pesticide.
``(B) Conflict.--In the case of a conflict between
subsection (e) and subsection (f) with respect to a
pesticide or active ingredient used in producing a
pesticide, the more stringent provision shall govern.
``(C) Application.--With respect to a pesticide,
subsections (e) and (f) shall be applied in such a
manner as to ensure that the United States is in
compliance with both the POPs Convention and the LRTAP
POPs Protocol with respect to the pesticide.
``(2) POPs convention and pic convention.--
``(A) In general.--If distribution or sale for
export of a pesticide or active ingredient used in
producing a pesticide is addressed or restricted under
both subsection (e) and subsection (h), both of those
subsections shall apply to the pesticide or active
ingredient.
``(B) Conflict.--In the case of a conflict between
subsection (e) and subsection (h) with respect to a
pesticide or active ingredient used in producing a
pesticide, the more stringent provision shall govern.
``(C) Application.--With respect to a pesticide,
subsections (e) and (h) shall be applied in such a
manner as to ensure that the United States is in
compliance with the POPs Convention and the PIC
Convention with respect to the pesticide.''.
SEC. 205. CONFORMING AMENDMENTS.
The table of contents in section 1(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended--
(1) in the items relating to section 2, by adding at the
end the following:
``(pp) Conference.
``(qq) Designated national authority.
``(rr) Executive Body.
``(ss) LRTAP Convention.
``(tt) LRTAP POPs pesticide.
``(uu) LRTAP POPs Protocol.
``(vv) PIC Convention.
``(ww) POPs Convention.
``(xx) POPs pesticide.
``(yy) POPs Review Committee.'';
(2) in the items relating to section 3, by striking the
item relating to subsection (b) and inserting the following:
``(b) Exemptions.
``(1) In general.
``(2) POPs pesticides.'';
and
(2) in the items relating to section 17, by striking the
items relating to subsection (e) and inserting the following:
``(e) POPs Convention.
``(1) Prohibition on specified POPs pesticides.
``(2) Exemptions.
``(3) Certification statement accompanying POPs
pesticides.
``(4) Submission of information.
``(f) LRTAP POPs Protocol.
``(1) Prohibition on specified LRTAP POPs
pesticides.
``(2) Exemptions.
``(3) Certification statement accompanying
LRTAP POPs pesticides.
``(4) Submission of information.
``(g) Notice and record of prohibitions,
exemptions, disallowances, and other
information.
``(1) In general.
``(2) Integration with TSCA information.
``(h) PIC Convention.
``(1) Requirements for exports.
``(2) Notice requirements and exemptions.
``(i) Harmonization.
``(1) POPs Convention and LRTAP POPs Protocol.
``(2) POPs Convention and PIC Convention.
``(j) Regulations.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held.
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