Stockholm and Rotterdam Toxics Treaty Act of 2006 - Amends the Toxic Substances Control Act (TSCA) to provide for the implementation of three international environmental agreements: (1) the Stockholm Convention on Persistent Organic Pollutants (POPs Convention); (2) the Protocol on Persistent Organic Pollutants to the 1979 Convention on Long-Range Transboundary Air Pollution (LRTAP POPs Protocol); and (3) the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC Convention).
Prohibits the manufacture, process, distribution for export, use, or disposal of specified Persistent Organic Pollutants (POPs). Authorizes the Administrator of the Environmental Protection Agency (EPA) to issue or amend rules related to polychlorinated biphenyls (PCBs) in order to comply with the provisions of the POPs Convention or the LRTAP POPs Protocol.
Requires a notice and comment procedure regarding the addition of a new chemical to the POPs Convention or the LRTAP POPs Protocol. Allows the Administrator to issue regulations concerning such chemicals, including prohibiting their use to protect human health and the environment in a manner that achieves a reasonable balance of social, environmental, and economic costs and benefits.
Requires the Administrator to publish: (1) a decision regarding the treatment of any new source categories that are not already listed under the Clean Air Act as major source categories; (2) notice of the development of action plans under the POPs Convention; and (3) a decision on whether to promulgate regulations for newly listed POPs or the status of a rulemaking if the Administrator has not made a decision about such POPs.
Requires the President to consult with and report to Congress before consenting to bind the United States to an amendment of the POPs Convention.
Requires the Administrator, in cooperation with the Secretary of State and the heads other federal agencies, to participate in international efforts concerning POPs.
Prohibits the Administrator from promulgating a rule authorizing PCB manufacture, processing, or distribution activities or granting an exemption from PCB regulations under TSCA, unless they are consistent with the exemptions under the POPs Convention and the LRTAP POPs Protocol.
Prohibits the distribution for export equipment that contains more than a specified percentage of PCBs in liquid stock, except for the purpose of legal, environmentally sound waste management.
Establishes conditions for exporting chemicals listed on Annex III of the PIC Convention.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6421 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 6421
To implement the Stockholm Convention on Persistent Organic Pollutants,
the Protocol on Persistent Organic Pollutants to the Convention on
Long-Range Transboundary Air Pollution, and the Rotterdam Convention on
the Prior Informed Consent Procedure for Certain Hazardous Chemicals
and Pesticides in International Trade.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2006
Mr. Gillmor (for himself, Mr. Barton of Texas, and Mr. Boehlert)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To implement the Stockholm Convention on Persistent Organic Pollutants,
the Protocol on Persistent Organic Pollutants to the Convention on
Long-Range Transboundary Air Pollution, and the Rotterdam Convention on
the Prior Informed Consent Procedure for Certain Hazardous Chemicals
and Pesticides in International Trade.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stockholm and Rotterdam Toxics
Treaty Act of 2006''.
SEC. 2. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.
The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is
amended by adding at the end the following:
``TITLE V--IMPLEMENTATION OF INTERNATIONAL AGREEMENTS
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Conference.--The term `Conference' means the
Conference of the Parties established by paragraph 1 of Article
19 of the POPs Convention.
``(2) Conference listing decision.--The term `Conference
listing decision' means a decision by the Conference to approve
an amendment to list a chemical substance or mixture in Annex A
or B to the POPs Convention.
``(3) Executive body.--The term `Executive Body' means the
Executive Body established by Article 10 of the LRTAP
Convention.
``(4) Executive body decision 1998/2.--The term `Executive
Body Decision 1998/2' means the decision of the Executive Body
titled `Executive Body Decision 1998/2 on Information to Be
Submitted and the Procedure for Adding Substances to Annexes I,
II, or III to the Protocol on Persistent Organic Pollutants'
and any other Executive Body decision done pursuant to Article
14 of the LRTAP POPs Protocol.
``(5) LRTAP convention.--The term `LRTAP Convention' means
the Convention on Long-Range Transboundary Air Pollution, done
at Geneva on November 13, 1979 (TIAS 10541), and any subsequent
amendment to which the United States consents to be bound.
``(6) LRTAP pops chemical substance or mixture.--The term
`LRTAP POPs chemical substance or mixture' means one of the
following chemical substances or mixtures, as defined in
section 3:
``(A) Aldrin.
``(B) Chlordane.
``(C) Chlordecone.
``(D) Dichlorodiphenyltrichloroethane (DDT).
``(E) Dieldrin.
``(F) Endrin.
``(G) Hexachlorocyclohexane (HCH).
``(H) Heptachlor.
``(I) Hexachlorobenzene.
``(J) Hexabromobiphenyl.
``(K) Mirex.
``(L) Polychlorinated biphenyls (PCBs).
``(M) Toxaphene.
``(N) Any chemical substance or mixture that is
listed on Annex I or Annex II of the LRTAP POPs
Protocol.
``(7) LRTAP pops protocol.--The term `LRTAP POPs Protocol'
means the Protocol on Persistent Organic Pollutants to the
LRTAP Convention, done at Aarhus on June 24, 1998, and any
subsequent amendment to which the United States consents to be
bound.
``(8) PIC convention.--The term `PIC Convention' means the
Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International
Trade, done at Rotterdam on September 10, 1998, and any
subsequent amendment to which the United States consents to be
bound.
``(9) Pops chemical substance or mixture.--The term `POPs
chemical substance or mixture' means one of the following
chemical substances or mixtures, as defined in section 3:
``(A) Aldrin.
``(B) Chlordane.
``(C) Dichlorodiphenyltrichloroethane (DDT).
``(D) Dieldrin.
``(E) Endrin.
``(F) Heptachlor.
``(G) Hexachlorobenzene.
``(H) Mirex.
``(I) Polychlorinated biphenyls (PCBs).
``(J) Toxaphene.
``(K) Any other chemical substance or mixture that
is listed in Annex A or B to the POPs Convention.
``(10) Pops convention.--The term `POPs Convention' means
the Stockholm Convention on Persistent Organic Pollutants, done
at Stockholm on May 22, 2001, and any subsequent amendment to
which the United States consents to be bound.
``(11) Pops review committee.--The term `POPs Review
Committee' means the Persistent Organic Pollutants Review
Committee established under paragraph 6 of Article 19 of the
POPs Convention.
``SEC. 502. IMPLEMENTATION OF POPS CONVENTION AND LRTAP POPS PROTOCOL.
``(a) Prohibition.--Except as otherwise provided in this title, no
person may manufacture, process, distribute in commerce for export,
use, or dispose of a POPs chemical substance or mixture listed in
section 501(9) (A), (B), (C), (D), (E), (F), (G), (H), or (J), or a
LRTAP POPs chemical substance or mixture listed in section 501(6)(A),
(B), (C), (D), (E), (F), (G), (H), (I), (J), (K), or (M).
``(b) Exceptions.--The Administrator may by rule provide for
exceptions to the prohibition under subsection (a) where such
exceptions are not inconsistent with the obligations of the United
States under the POPs Convention or the LRTAP POPs Protocol.
``(c) PCBs.--The Administrator may issue or amend rules for the
purpose of United States compliance with the provisions of the POPs
Convention or the LRTAP POPs Protocol related to polychlorinated
biphenyls through rules duly promulgated through notice and comment
rulemaking under section 6(e) or other applicable Federal law.
``SEC. 503. NOTICE, INFORMATION, RULEMAKING, AND EXEMPTIONS.
``(a) Notice That Screening Criteria Are Met or After Risk Profile
Submitted.--
``(1) Applicability.--This subsection applies if--
``(A) the POPs Review Committee decides under
paragraph 4(a) of Article 8 of the POPs Convention,
that a proposal for listing a chemical substance or
mixture in Annex A, B, or C to the POPs Convention
fulfills the screening criteria specified in Annex D to
the POPs Convention;
``(B) the Conference decides under paragraph 5 of
Article 8 of the POPs Convention, that such a proposal
shall proceed; or
``(C) if a party to the LRTAP POPs Protocol submits
to the Executive Body a risk profile in support of a
proposal to list a chemical substance or mixture in
Annex I, II, or III to the LRTAP POPs Protocol.
``(2) Requirement.--Not later than 60 days after the date
of an action described in paragraph (1), the Administrator
shall--
``(A) publish in the Federal Register a notice of
the action; and
``(B) provide opportunity for public comment on the
proposal or risk profile described in paragraph (1).
``(3) Required elements of notice.--A notice under
paragraph (2) shall include--
``(A) the identity of the chemical substance or
mixture that is the subject of the proposal or risk
profile described in paragraph (1);
``(B) a summary of the process, under the POPs
Convention or the LRTAP POPs Protocol, for the
consideration of the action that was taken, including
criteria applied in that process;
``(C) a summary of the POPs Review Committee or
Conference decisions to date on the proposed listing
and the basis for the decisions; and
``(D) a summary of how the chemical substance or
mixture that is the subject of the action is currently
regulated under the laws of the United States.
``(b) Notice That Further Consideration of Chemical Substance or
Mixture Is Warranted.--
``(1) Applicability.--This subsection applies if--
``(A) the POPs Review Committee decides, under
paragraph 7(a) of Article 8 of the POPs Convention,
that global action is warranted with respect to a
chemical substance or mixture that is the subject of a
proposal to list under an Annex to the POPs Convention;
``(B) the Conference decides, under paragraph 8 of
that Article, that such a proposal shall proceed; or
``(C) the Executive Body determines pursuant to
paragraph 2 of Executive Body Decision 1998/2 that
further consideration of a chemical substance or
mixture is warranted, and therefore requires one or
more technical reviews of the proposal.
``(2) Notice.--Not later than 60 days after the date on
which a decision or determination is made under paragraph (1),
the Administrator shall--
``(A) publish in the Federal Register a notice of
the decision or determination; and
``(B) provide opportunity for public comment on the
decision or determination.
``(3) Required elements of notice.--A notice under
paragraph (2) shall--
``(A) identify the chemical substance or mixture
that is the subject of the proposal;
``(B) include a summary of--
``(i) the POPs Review Committee or
Conference decision, and the basis for the
decision, in the case of a decision described
in paragraph (1)(A) or (B);
``(ii) the Executive Body determination,
and basis for the determination, in the case of
a determination described in paragraph (1)(C);
and
``(iii) the comments received by the
Administrator in response to the Federal
Register notice published pursuant to
subsection (a)(2)(A); and
``(C) request, for a chemical substance or mixture
proposed for listing on Annex A or B of the POPs
Convention or Annex I or II of the LRTAP POPs Protocol,
information and public comment on any present or
anticipated production or use of the chemical substance
or mixture, including any explanation or documentation
of items relating thereto that the United States may
use to--
``(i) seek an exemption or acceptable
purpose under the POPs Convention; or
``(ii) allow a restricted use or condition
under the LRTAP POPs Protocol.
``(c) Notice of Conference Recommendation Concerning a Listing or
Completion of a Technical Review.--
``(1) Applicability.--This subsection applies--
``(A) if the POPs Review Committee recommends,
under paragraph 9 of Article 8 of the POPs Convention,
that the Conference consider making a Conference
listing decision with respect to a chemical substance
or mixture in accordance with a proposal; or
``(B) after completion of a technical review of the
proposal to list a chemical substance or mixture on an
Annex of the LRTAP POPs Protocol.
``(2) Notice.--Not later than 60 days after the date on
which a recommendation under paragraph (1)(A) is made or a
technical review described in paragraph (1)(B) is completed,
the Administrator shall--
``(A) publish in the Federal Register a notice of
the recommendation or completion of the technical
review; and
``(B) provide opportunity for public comment on the
recommendation or the technical review.
``(3) Required elements.--A notice under paragraph (2)
shall include a summary of--
``(A) the POPs Review Committee recommendation, and
the basis for the recommendation, or of the technical
review;
``(B) any control measures for the chemical
substance or mixture that are proposed by the POPs
Review Committee or in the technical review;
``(C) any control measures for the chemical
substance or mixture that exist under the laws of the
United States; and
``(D) any public comments received by the
Administrator in response to the Federal Register
notice published pursuant to subsection (b)(2).
``(d) Provision of Information.--
``(1) Under pops convention.--The Administrator, where
relevant, by general order issued in the Federal Register may
require any person, or appropriate categories of persons, that
manufactures, processes, distributes in commerce for export, or
disposes of a chemical substance or mixture that is the subject
of a notice under subsection (a), (b), or (c) to provide
information, to the extent such information is known or readily
obtainable, on--
``(A) the annual quantity of the chemical substance
or mixture that the person manufactures and the
locations of the manufacture;
``(B) the uses of the chemical substance or
mixture;
``(C) the approximate annual quantity of the
chemical substance or mixture that the person releases
into the environment; and
``(D) other information or monitoring data relating
to the chemical substance or mixture that is consistent
with the information specified in--
``(i) paragraph 1 of Annex D;
``(ii) subsections (b) through (e) of Annex
E; and
``(iii) Annex F,
to the POPs Convention.
``(2) Under lrtap pops protocol.--The Administrator, where
relevant, by general order issued in the Federal Register, may
require any person, or appropriate categories of persons, that
manufactures, processes, distributes in commerce for export, or
disposes of a chemical substance or mixture that is the subject
of a notice under subsection (a), (b), or (c) to provide
information, to the extent such information is known or readily
obtainable, on--
``(A) the annual quantity of the chemical substance
or mixture that the person manufactures and the
locations of the manufacture;
``(B) the uses of the chemical substance or
mixture;
``(C) the approximate annual quantity of the
chemical substance or mixture that the person releases
into the environment;
``(D) environmental monitoring data relating to the
chemical substance or mixture (in areas distant from
sources);
``(E) information on alternatives to the uses of
the chemical substance or mixture and the efficacy of
each alternative;
``(F) information on any known adverse
environmental or human health effects associated with
each such alternative; and
``(G) other information or monitoring data relating
to the chemical substance or mixture that is consistent
with information specified in Executive Body Decision
1998/2 for inclusion in the risk profile or technical
review.
``(3) Updating of information.--
``(A) Voluntary updates.--Any person who submits
information under paragraph (1) or (2) may voluntarily
update the information at any time.
``(B) Required updates.--If the Administrator
determines, with the concurrence of the Secretary of
State, that an update of information submitted under
paragraph (1) or (2) is necessary, the Administrator
may, through a general order published in the Federal
Register, require all persons that are required to
submit the information to update the information.
``(C) New information.--As part of a general order
published under subparagraph (B), the Administrator may
require any person who, after the date specified in the
general order issued pursuant to paragraph (1) or (2)
by which persons are required to submit information,
commences manufacturing, processing, distributing in
commerce for export, or disposing of a chemical
substance or mixture subject to the requirements in
paragraph (1) or (2), to submit the information
required to be submitted in the general order issued
pursuant to paragraph (1) or (2).
``(e) Action by the Administrator Upon New Listing or Other
Changes.--
``(1) Rulemaking.--
``(A) Authority.--If either--
``(i) the Conference decides to amend Annex
A or B of the POPs Convention to list an
additional chemical substance or mixture; or
``(ii) the parties to the LRTAP POPs
Protocol decide to amend Annex I or II to the
LRTAP POPs Protocol to list an additional
chemical substance or mixture,
the Administrator may issue rules to prohibit or
restrict the manufacture, processing, distribution in
commerce for export, use, or disposal of the additional
chemical substance or mixture to the extent necessary
to protect human health and the environment in a manner
that achieves a reasonable balance of social,
environmental, and economic costs and benefits. Such
costs and benefits include both qualitative and
quantitative costs and benefits. The Administrator may
modify rules issued under this paragraph, consistent
with the requirements of this paragraph.
``(B) Scope of rulemaking.--The Administrator may
issue rules under subparagraph (A) only to meet, in
whole or in part, the obligations of the United States
under the POPs Convention or LRTAP POPs Protocol if the
United States were to consent to be bound for that
applicable amendment referred to in subparagraph (A).
``(C) Effective date for rules.--No rule issued
under this paragraph shall take effect until the United
States has consented to be bound by the amendment
agreed to by a decision under subparagraph (A)(i) or
(ii).
``(2) Considerations.--(A) In taking an action under
paragraph (1), the Administrator shall consider--
``(i) the effects of such chemical
substance or mixture on health and the
magnitude and impact of the exposure of human
beings to such chemical substance or mixture;
``(ii) the effects of such chemical
substance or mixture on the environment and the
magnitude and impact of the exposure of the
environment to such chemical substance or
mixture;
``(iii) the benefits of such chemical
substance or mixture for various uses and the
availability, risks, and economic consequences
of substitutes for such uses, considering
factors described in clause (iv);
``(iv) the reasonably ascertainable
economic consequences of the proposed
prohibition or other regulation, after
consideration of the effect on the national
economy, small business, technological
innovation, the environment, and public health,
including the degree to which the manufacture,
processing, distribution in commerce for
export, use, or disposal of the chemical
substance or mixture is necessary to prevent
significant harm to an important sector of the
economy; and
``(v) national and international
consequences that are likely to arise as a
result of domestic regulatory action (including
the possible consequences of using alternative
products or processes).
``(B) Nothing in this paragraph shall be
interpreted to prevent the Administrator from using the
information described in paragraph (3), along with any
other information provided during the comment period
with respect to the rulemaking under paragraph (1), to
carry out this paragraph.
``(3) Additional considerations.--The Administrator may
also consider--
``(A) with regard to chemical substances or
mixtures listed in Annex A or B of the POPs
Convention--
``(i) recommendations of the POPs Review
Committee under paragraph 9 of Article 8 of the
POPs Convention;
``(ii) the Conference listing decision; and
``(iii) any information that the United
States submits to the POPs Review Committee or
to the Conference pursuant to Article 8 of the
POPs Convention; and
``(B) with regard to chemical substances or
mixtures listed in Annex I or II of the LRTAP POPs
Protocol--
``(i) any technical review conducted
pursuant to paragraph 2 of the Executive Body
Decision 1998/2;
``(ii) the LRTAP POPs Protocol listing
decision; and
``(iii) any information that the United
States submitted to the Executive Body, or a
subsidiary of the Executive Body, in relation
to such a technical review or listing decision.
``(4) Assessment of risks or effects.--(A) In assessing
risks and effects to human health and the environment under
paragraph (2), the Administrator shall use sound and objective
scientific practices and the best available scientific
information, including peer-reviewed studies.
``(B) When taking an action under paragraph (1), the
Administrator shall describe the scientific information in the
rulemaking record that the Administrator considered in
assessing risks and effects to human health and the environment
under paragraph (2), and shall describe the quality of the
scientific information on which the Administrator based the
decision to take action under paragraph (1).
``(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 Substance 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), and a rule or order under section 503(e)
has become effective,
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.''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2204-2205)
Referred to the House Committee on Energy and Commerce.
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