59–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–714 

STOCKHOLM AND ROTTERDAM TOXICS TREATY ACT OF 

2006 

NOVEMBER 15, 2006.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. BARTON of Texas, from the Committee on Energy and 

Commerce, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 4591] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 4591) to implement the Stockholm Convention on 

Persistent Organic Pollutants, the Protocol on Persistent Organic 

Pollutants to the Convention on Long-Range Transboundary Air 

Pollution, and the Rotterdam Convention on the Prior Informed 

Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 17 

Background and Need for Legislation .................................................................... 17 

Hearings ................................................................................................................... 20 

Committee Consideration ........................................................................................ 20 

Committee Votes ...................................................................................................... 20 

Committee Oversight Findings ............................................................................... 24 

Statement of General Performance Goals and Objectives .................................... 24 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 24 

Committee Cost Estimate ....................................................................................... 24 

Congressional Budget Office Estimate ................................................................... 24 

Federal Mandates Statement ................................................................................. 25 


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Advisory Committee Statement .............................................................................. 26 

Constitutional Authority Statement ...................................................................... 26 

Applicability to Legislative Branch ........................................................................ 26 

Section-by-Section Analysis of the Legislation ...................................................... 26 

Changes in Existing Law Made by the Bill, as Reported ..................................... 32 

Dissenting Views ..................................................................................................... 58 

AMENDMENT 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Stockholm and Rotterdam Toxics Treaty Act of 

2006’’. 

SEC. 2. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS. 

The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding 

at the end the following: 

‘‘TITLE V—IMPLEMENTATION OF 

INTERNATIONAL AGREEMENTS 

‘‘SEC. 501. DEFINITIONS. 

‘‘In this title: ‘‘(1) CONFERENCE.—The term ‘Conference’ means the Conference of the Parties established by paragraph 1 of Article 19 of the POPs Convention. ‘‘(2) CONFERENCE LISTING DECISION.—The term ‘Conference listing decision’ means a decision by the Conference to approve an amendment to list a chemical 

substance or mixture in Annex A or B to the POPs Convention. ‘‘(3) EXECUTIVE BODY.—The term ‘Executive Body’ means the Executive Body 

established by Article 10 of the LRTAP Convention. ‘‘(4) EXECUTIVE BODY DECISION 1998/2.—The term ‘Executive Body Decision 

1998/2’ means the decision of the Executive Body titled ‘Executive Body Decision 1998/2 on Information to Be Submitted and the Procedure for Adding Substances to Annexes I, II, or III to the Protocol on Persistent Organic Pollutants’ and any other Executive Body decision done pursuant to Article 14 of the 

LRTAP POPs Protocol. ‘‘(5) LRTAP CONVENTION.—The term ‘LRTAP Convention’ means the Convention on Long-Range Transboundary Air Pollution, done at Geneva on November 

13, 1979 (TIAS 10541), and any subsequent amendment to which the United 

States consents to be bound. ‘‘(6) LRTAP POPS CHEMICAL SUBSTANCE OR MIXTURE.—The term ‘LRTAP POPs 

chemical substance or mixture’ means one of the following chemical substances 

or mixtures, as defined in section 3: ‘‘(A) Aldrin. 

‘‘(B) Chlordane. 

‘‘(C) Chlordecone. 

‘‘(D) Dichlorodiphenyltrichloroethane (DDT). 

‘‘(E) Dieldrin. 

‘‘(F) Endrin. 

‘‘(G) Hexachlorocyclohexane (HCH). 

‘‘(H) Heptachlor. 

‘‘(I) Hexachlorobenzene. 

‘‘(J) Hexabromobiphenyl. 

‘‘(K) Mirex. 

‘‘(L) Polychlorinated biphenyls (PCBs). 

‘‘(M) Toxaphene. 

‘‘(N) Any chemical substance or mixture that is listed on Annex I or 

Annex II of the LRTAP POPs Protocol. 

‘‘(7) LRTAP POPS PROTOCOL.—The term ‘LRTAP POPs Protocol’ means the 

Protocol on Persistent Organic Pollutants to the LRTAP Convention, done at 

Aarhus on June 24, 1998, and any subsequent amendment to which the United 

States consents to be bound. 

‘‘(8) PIC CONVENTION.—The term ‘PIC Convention’ means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on September 10, 


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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 


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‘‘(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). 


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‘‘(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 beneVerDate Aug 31 2005 01:16 Nov 21, 2006 Jkt 059006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR714.XXX HR714

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fits. The Administrator may modify rules issued under this paragraph, consistent with the requirements of this paragraph. ‘‘(B) SCOPE OF RULEMAKING.—The Administrator may issue rules under 

subparagraph (A) only to meet, in whole or in part, the obligations of the 

United States under the POPs Convention or LRTAP POPs Protocol if the 

United States were to consent to be bound for that applicable amendment 

referred to in subparagraph (A). ‘‘(C) EFFECTIVE DATE FOR RULES.—No rule issued under this paragraph 

shall take effect until the United States has consented to be bound by the 

amendment agreed to by a decision under subparagraph (A)(i) or (ii). ‘‘(2) CONSIDERATIONS.—(A) In taking an action under paragraph (1), the Administrator shall consider— ‘‘(i) the effects of such chemical substance or mixture on health and the 

magnitude and impact of the exposure of human beings to such chemical 

substance or mixture; ‘‘(ii) the effects of such chemical substance or mixture on the environment 

and the magnitude and impact of the exposure of the environment to such 

chemical substance or mixture; ‘‘(iii) the benefits of such chemical substance or mixture for various uses 

and the availability, risks, and economic consequences of substitutes for 

such uses, considering factors described in clause (iv); 

‘‘(iv) the reasonably ascertainable economic consequences of the proposed 

prohibition or other regulation, after consideration of the effect on the national economy, small business, technological innovation, the environment, 

and public health, including the degree to which the manufacture, processing, distribution in commerce for export, use, or disposal of the chemical 

substance or mixture is necessary to prevent significant harm to an important sector of the economy; and 

‘‘(v) national and international consequences that are likely to arise as a 

result of domestic regulatory action (including the possible consequences of 

using alternative products or processes). 

‘‘(B) Nothing in this paragraph shall be interpreted to prevent the Administrator from using the information described in paragraph (3), along with any 

other information provided during the comment period with respect to the rulemaking under paragraph (1), to carry out this paragraph. 

‘‘(3) ADDITIONAL CONSIDERATIONS.—The Administrator may also consider—

‘‘(A) with regard to chemical substances or mixtures listed in Annex A or 

B of the POPs Convention—

‘‘(i) recommendations of the POPs Review Committee under paragraph 9 of Article 8 of the POPs Convention; 

‘‘(ii) the Conference listing decision; and 

‘‘(iii) any information that the United States submits to the POPs Review Committee or to the Conference pursuant to Article 8 of the POPs 

Convention; and 

‘‘(B) with regard to chemical substances or mixtures listed in Annex I or 

II of the LRTAP POPs Protocol—

‘‘(i) any technical review conducted pursuant to paragraph 2 of the 

Executive Body Decision 1998/2; 

‘‘(ii) the LRTAP POPs Protocol listing decision; and 

‘‘(iii) any information that the United States submitted to the Executive Body, or a subsidiary of the Executive Body, in relation to such a 

technical review or listing decision. 

‘‘(4) ASSESSMENT OF RISKS OR EFFECTS.—In assessing risks and effects, the 

Administrator shall use sound and objective scientific practices, and shall determine the weight of the scientific evidence concerning such risks or effects based 

on the best available scientific information, including peer-reviewed studies, in 

the rulemaking record. 

‘‘(5) COMMENTS AND INFORMATION PART OF RECORD.—The comments and information received in response to notices or orders published pursuant to subsections (a), (b), (c), and (d) shall be part of the record for a rule promulgated 

pursuant to this subsection. 

‘‘(f) EXEMPTIONS UNDER POPS CONVENTION.—

‘‘(1) USE-SPECIFIC OR ACCEPTABLE PURPOSE EXEMPTIONS.—Prohibitions or restrictions included in rules issued under subsection (e)(1), and the prohibitions 

described in section 502(a), shall not apply to any manufacture, processing, distribution in commerce for export, use, or disposal of a POPs chemical substance 

or mixture that the Administrator determines, through final rules promulgated 

under subsection (e)(1), with the concurrence of the Secretary of State—

‘‘(A) is consistent with—


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‘‘(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—


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‘‘(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 CERTIFI- CATION.—

‘‘(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 


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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 


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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—


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‘‘(1)(A) a notice of a decision to initiate a rulemaking process regarding the 

chemical substance or mixture; or ‘‘(B) a notice that a rulemaking process regarding the chemical substance or 

mixture will not be initiated and the reason for this decision, including, as appropriate, a discussion of the relevant information obtained by the Administrator under this section as well as other factors that the Administrator may 

have evaluated; or ‘‘(2) a notice indicating the status of the Administrator’s considerations on 

whether to publish a notice under paragraph (1), and an estimate of the timeframe expected for such a decision. 

‘‘SEC. 504. AMENDMENTS AND CONSULTATION. 

‘‘(a) CONSENT TO BE BOUND.—It is the sense of the Congress that the United 

States shall consent to be bound by an amendment to Annex A, B, or C of the POPs 

Convention only after, pursuant to paragraph (4) of Article 25 of the POPs Convention, the United States has declared that such amendment shall enter into force 

upon ratification, acceptance, approval, or accession of the United States to such 

amendment. ‘‘(b) CONSULTATION.— ‘‘(1) IN GENERAL.—The President shall, as appropriate, consult with Congress 

before consenting to bind the United States to an amendment to Annex A, B, 

or C of the POPs Convention. ‘‘(2) REPORTING.—The President shall provide such other information relating 

to an amendment described in paragraph (1) as the Congress may request in 

the fulfillment of its constitutional responsibilities with respect to the protection 

of public health and the environment. ‘‘(3) CONGRESSIONAL OVERSIGHT.—Information provided pursuant to paragraph (2) shall be transmitted to the Committee on Energy and Commerce of 

the House of Representatives and to the Committee on Environment and Public 

Works of the Senate for appropriate action. 

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

‘‘In cooperation with the Secretary of State and the head of any other appropriate 

Federal agency, the Administrator shall—

‘‘(1) participate and cooperate in any international efforts on chemical substances and mixtures; 

‘‘(2) participate in technical cooperation and capacity building activities designed to support implementation of—

‘‘(A) the POPs Convention; 

‘‘(B) the LRTAP POPs Protocol; and 

‘‘(C) the PIC Convention; and 

‘‘(3) publish in the Federal Register timely advance notice of the known schedule and agenda of meetings on the POPs Convention, PIC Convention, and 

LRTAP POPs Protocol, and their subsidiary bodies, at which the United States 

will be represented. 

‘‘SEC. 506. EFFECT OF REQUIREMENTS. 

‘‘Any provision of this Act that establishes a requirement to comply with, or that 

is based on, a provision of the POPs Convention, the LRTAP POPs Protocol, or the 

PIC Convention shall be effective only to the extent that the United States has consented to be bound by that provision. 

‘‘SEC. 507. RULES OF CONSTRUCTION. 

‘‘Nothing in this title—

‘‘(1) shall be construed to require the United States to register for a specific 

exemption available to the United States under Annex A or B to the POPs Convention or an acceptable purpose available to the United States under Annex 

B to the POPs Convention; or 

‘‘(2) affects the authority of the Administrator to regulate a chemical substance or mixture under any other law or any provision of this Act.’’. 

SEC. 3. POLYCHLORINATED BIPHENYLS (PCBS). 

Section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)) is amended—

(1) by adding at the end of paragraph (2) the following new subparagraph: 

‘‘(D) The Administrator may not, after the date of enactment of this subparagraph, issue a rule authorizing activities, that were not previously authorized, under 

subparagraph (B) unless the activities authorized are consistent with the exemptions described in section 503(f) or (g), subject to section 503(h).’’; 

(2) by adding at the end of paragraph (3) the following new subparagraph: 

‘‘(D) The Administrator may not, after the date of enactment of this subparagraph, grant an exemption under subparagraph (B) unless the manufacturing, procVerDate Aug 31 2005 01:16 Nov 21, 2006 Jkt 059006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6621 E:\HR\OC\HR714.XXX HR714

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essing, 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 


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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.—


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‘‘(i) NOTICES FOR BANNED OR SEVERELY RESTRICTED CHEMICAL SUB- STANCE 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 


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(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 


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the exemption would be consistent with the PIC Convention or the POPs 

Convention. ‘‘(5) CONSOLIDATION OF NOTICES.—With respect to any pre-export notice requirement under this subsection, the Administrator shall allow any such requirement, and any pre-export notice requirement in other provisions of this 

Act, to be satisfied by a single notice. ‘‘(6) TRACE CONCENTRATIONS.—The Administrator shall allow the export of 

trace concentrations of otherwise restricted or banned chemicals without notification if the Administrator finds that the export of such concentrations without 

notification does not pose a significant threat to human health or the environment and is not inconsistent with the PIC Convention, the POPs Convention, 

and the LRTAP POPs Protocol.’’. 

SEC. 6. CONFORMING AMENDMENTS. 

(a) The table of contents in section 1 of the Toxic Substances Control Act is 

amended by adding at the end the following: 

‘‘TITLE V—IMPLEMENTATION OF INTERNATIONAL AGREEMENTS 

‘‘Sec. 501. Definitions 

‘‘Sec. 502. Implementation of POPs Convention and LRTAP POPs Protocol 

‘‘Sec. 503. Notice, information, rulemaking, and exemptions 

‘‘Sec. 504. Amendments and consultation 

‘‘Sec. 505. International cooperation and notice of meetings 

‘‘Sec. 506. Effect of requirements 

‘‘Sec. 507. Rules of construction’’. 

(b) Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) is amended 

in subsections (a) and (b) by striking ‘‘title IV’’ each place it appears and inserting ‘‘title IV or title V’’. (c) Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is amended— (1) in paragraph (1), by inserting ‘‘or any requirement prescribed under title 

V or rule or order promulgated or issued under title V’’ after ‘‘under title II’’; 

and 

(2) in paragraph (2), by inserting ‘‘, or any requirement prescribed under title 

V or rule or order promulgated or issued under title V’’ after ‘‘under section 5 

or 7’’. (d) Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) is amended— (1) in subsection (a)(1)— (A) by striking subparagraph (B) and inserting the following: ‘‘(B) restrain any person from taking any action prohibited by section 5 or 6, 

or title IV or V (or a rule or order issued under any of those sections or titles);’’; 

(B) in subparagraphs (A) and (C), by striking the comma at the end and 

inserting a semicolon; and 

(C) in subparagraph (D)— (i) by striking ‘‘title IV manufactured’’ and inserting ‘‘title IV or V 

manufactured’’; and 

(ii) by striking ‘‘section 5, 6, or title IV’’ each place it appears and 

inserting ‘‘section 5 or 6, or title IV or V’’; and 

(2) in the first sentence of subsection (b), by inserting ‘‘or V’’ after ‘‘title IV’’. 

(e) Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is amended—

(1) by amending subsection (a)(2)(B) to read as follows: 

‘‘(B) if—

‘‘(i) the Administrator prescribes a rule or order under section 5 or 6 

(other than a rule imposing a requirement described in subsection (a)(6) of 

section 6) which is applicable to a chemical substance or mixture, and 

which is designed to protect against a risk of injury to health or the environment associated with such substance or mixture; or 

‘‘(ii) the United States has consented to be bound under the POPs Convention or LRTAP POPs Protocol with respect to a POPs chemical substance or mixture or LRTAP POPs chemical substance or mixture (as defined in section 501), 

no State or political subdivision of a State may, after the effective date of such 

rule or order or consent, establish or continue in effect any requirement, which 

is applicable to such substance or mixture, or an article containing such substance or mixture, and which is designed to protect against a risk of injury to 

health or the environment associated with such substance or mixture that the 

rule, order, or consent is designed to protect against, unless such requirement 

is identical to the requirement prescribed by the Administrator, is adopted 

under the authority of the Clean Air Act or any other Federal law, or prohibits 

the use of such substance or mixture in such State or political subdivision 

(other than its use in the manufacture or processing of other substances or mixtures).’’; and 


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(2) by adding at the end the following new subsection: 

‘‘(c) SAVINGS.—Nothing in this section shall be construed to authorize a State to 

act in a manner that causes the United States to be out of compliance with its obligations under the POPs Convention or LRTAP POPs Protocol. For purposes of this 

section, the terms ‘POPs Convention’ and ‘LRTAP POPs Protocol’ have the meaning 

given those terms in section 501.’’. 

PURPOSE AND SUMMARY

The purpose of H.R. 4591, the Stockholm and Rotterdam Toxics 

Treaty Act of 2005, is to implement the Stockholm Convention on 

Persistent Organic Pollutants (POPs), the Protocol on Persistent 

Organic Pollutants to the Convention on Long-Range 

Transboundary Air Pollution (LRTAP), and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC). 

BACKGROUND AND NEED FOR LEGISLATION

Persistent organic pollutants (POPs) are toxic chemicals that adversely affect human health and the environment around the 

world. Because they can be transported by wind and water, most 

POPs generated in one country can affect people and wildlife far 

from where they are used and released. They persist for long periods of time in the environment and can accumulate and pass from 

one species to the next through the food chain. To address this 

global concern, the U.S. negotiated and signed onto three international agreements to address POPs in the last decade: (1) the 

2001 Stockholm Convention on Persistent Organic Pollutants; (2) 

the 1998 Aarhus Protocol on Persistent Organic Pollutants (POPs 

Protocol) to the 1979 Geneva Convention on Long-Range 

Transboundary Air Pollution (LRTAP); and (3) the 1998 Rotterdam 

Convention on the Prior Informed Consent Procedure for Certain 

Hazardous Chemicals and Pesticides in International Trade (PIC 

Convention). 

Currently, the U.S. is a signatory on all three agreements. However, in order for the U.S. to become a binding and full partner to 

these treaties and play a meaningful role and secure its interests 

in future meetings, especially as control measures for additional 

chemicals are proposed, the Senate must give its advice and consent on the POPs and PIC Conventions, and Congress must enact 

enabling (also known as ‘‘implementing’’) legislation so that current 

law can be amended to be in full compliance with the agreements. 

Since the LRTAP POPs Protocol is considered to be an executive 

agreement and amends a broader treaty to which the U.S. is already a party, the POPs Protocol does not require Senate approval. 

At present, U.S. environmental laws, primarily the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) authorize most Environmental Protection Agency (EPA) activities that are necessary to fulfill commitments under these three international agreements. Therefore, the 

U.S. is, in large part, already fulfilling many of the obligations of 

these three international agreements, either because it has taken 

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islation is needed, however, to authorize EPA implementation of a 

few treaty provisions. 

The Administration and most other stakeholders have suggested 

that it is important to have implementing legislation in place as 

soon as possible. Ratification and U.S. compliance with these international treaties will allow the U.S. to participate as a full party 

to these treaties. Absent ratification, the U.S. is relegated to participation as an observer, not as a party, in formal meetings that 

discuss additional substances or mixtures to be proposed for listing. 

H.R. 4591 seeks to address certain limitations to existing statutes and regulations of chemicals for the U.S. to be in full compliance with the terms of these international agreements. While there 

is virtual agreement on treatment of the initial chemical substances under the treaties, there are questions concerning the addition of new chemicals in the future. 

For the listing of new chemicals under the POPs Convention and 

LRTAP POPs Protocol, it is difficult to know what domestic implementing regulations or laws might be necessary based on a future 

addition of a chemical or other amendment to these treaties to 

which the United States might ‘‘opt-in.’’ How a given party determines its positions on amendments is fully a matter of domestic 

law. While nothing in the POPs or LRTAP POPs agreements dictate that compliance be through regulations issued from an agency 

as opposed to action by Congress, H.R. 4591 nonetheless sets out 

additional rulemaking authority that the EPA Administrator may 

use with respect to chemicals added to the treaty lists in the future. The international body under POPs and LRTAP POPs would 

propose such chemicals or other new amendments and decisions 

through an international process intended to be consensus in nature of which the U.S. would be a participant. During this process, 

these proposals would not automatically impose any new restrictions in the U.S. on new chemicals. Once the international body 

has voted to add a new chemical, this proposal would also not automatically impose any new restrictions in the U.S. on that chemical 

without U.S. consent, also known as the ‘‘opt-in.’’ Additionally, the 

agreements do not prevent the U.S. from acting to regulate these 

substances (or not) using its own authority. 

Currently, TSCA Section 6 details the rule-making procedure for 

chemicals found to present an unreasonable risk. The procedure 

combines notice and opportunity for public comment consistent 

with the Administrative Procedure Act (5 U.S.C. § 553), and an opportunity for an informal hearing. In addition, the TSCA regulatory 

procedure requires that EPA consider and publish a statement 

with respect to the health and environmental effects of the chemical, the magnitude of human and environmental exposure to the 

chemical, the benefits of the chemical for various uses, the availability of substitutes, and ‘‘reasonably ascertainable economic consequences of the rule, after consideration of the effect on the national economy, small business, technological innovation, the environment, and public health.’’

The final chemical rule must be based on ‘‘the matter in the rulemaking record (as defined in section 19(a)),’’ which includes the 

rule, the EPA Administrator’s finding that the chemical presents 

an unreasonable risk, the cost-benefit statement, the hearing tranVerDate Aug 31 2005 01:16 Nov 21, 2006 Jkt 059006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR714.XXX HR714

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script, any written submission of interested parties, and other relevant material. 

Below is a brief discussion of each of the agreements that H.R. 

4591 seeks to implement: 

Stockholm Convention on Persistent Organic Pollutants (POPs 

treaty): Under the auspices of the United Nations (U.N.), the U.S. 

began negotiating this treaty in 1995 and officially signed onto this 

agreement with 90 other countries and the European Union in May 

2001. Under the POPs treaty, countries agree to reduce or eliminate the production, use, and release of 12 key POPs, which include nine pesticides (aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex, and toxaphene), and three industrial chemicals, (PCBs and unintentional by-products (dioxins 

and furans) of industrial and combustion processes). The Stockholm 

POPs Convention entered into force on May 17, 2004, and the first 

meeting of the Parties to the POPs Convention, at which the composition of the POPs Review Committee and the rules of procedure 

were established, took place in May 2005. One hundred thirty 

countries have now ratified the Convention. 

Long-Range Transboundary Air Pollution (LRTAP) POPs Protocol: Not a treaty, this accord was completed in Aarhus, Denmark 

in February 1998, and is a regional agreement that seeks ‘‘to control, reduce or eliminate discharge, emissions and losses of persistent organic pollutants’’ in Europe, some former Soviet Union 

countries, and the U.S. This agreement is a legally binding protocol 

on POPs under the Geneva Convention on Long-Range 

Transboundary Air Pollution, the objective of which is to control, 

reduce, or eliminate discharges, emissions, and losses of persistent 

organic pollutants. The LRTAP POPs Protocol regulates 16 compounds, banning the production and use of 8 (aldrin, chlordane, 

dieldrin, endrin, hexabromobiphenyl, kepone (chlordecone), mirex, 

and toxaphene), banning or significantly restricting production and 

use of hexachlorobenzene, heptachlor, PCBs, DDT, and lindane, 

and applying limits to air emissions from major stationary sources 

of dioxins (polychlorinated dibenzo-p-dioxins), furans (polychlorinated dibenzofurans), hexachlorobenzene, and polycyclic aromatic hydrocarbons. 

The LRTAP POPs Protocol went into force on October 23, 2003. 

The LRTAP Executive Body met in December 2003, and issued a 

number of framework decisions for the operation of the LRTAP 

POPs Protocol that are now in force. The LRTAP POPs Protocol 

will not require Senate advice and consent, only implementing legislation. Once that legislation is enacted, the U.S. will be able to 

join the Protocol. 

Rotterdam Convention on Prior Informed Consent (PIC): In 1998, 

under the auspices of the United Nations, the U.S. negotiated with 

100 other countries at a conference in Rotterdam on an agreement 

that turned a voluntary international program into a legally binding procedure known as the ‘‘Prior Informed Consent procedure for 

certain hazardous chemicals and pesticides in international trade.’’

Under PIC, importing countries should receive shipments of 

banned or severely restricted substances, such as pesticides, only 

after they have had an opportunity to make an informed decision 

about them. 


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The PIC Convention entered into force on February 24, 2004. 

Entry into force triggered a required meeting of the Conference of 

the Parties (COP). The PIC Conference of the Parties took on a 

number of important decisions at the first meeting on issues including the Convention’s non-compliance regime, the rules of procedure (including which COP decisions need to be taken by consensus, which is significant for the U.S.), and the organization of 

the Chemical Review Committee that will consider chemicals for 

addition to the Convention’s Annex III. 

HEARINGS

The Subcommittee on Environment and Hazardous Materials 

held a hearing on ‘‘Legislation to Implement the POPs, PIC, and 

LRTAP POPs Agreements’’ on March 2, 2006. The Subcommittee 

received testimony from: The Honorable Claudia A. McMurray, Assistant Secretary for Oceans and International Environmental and 

Scientific Affairs, U.S. Department of State; Mrs. Susan B. Hazen, 

Principal Deputy Assistant Administrator, Office of Prevention, 

Pesticides, and Toxic Substances, U.S. Environmental Protection 

Agency; Mr. Michael P. Walls, Managing Director, Regulatory and 

Technical Affairs Department, American Chemistry Council; Mr. 

Steven Goldberg, Vice President and Associate General Counsel, 

Regulatory Law & Government Affairs, Crop Life America; Mr. Jim 

Roewer, Executive Director, the Utility Solid Waste Activities 

Group; Mr. E. Donald Elliott, Partner, Wilkie and Gallagher, LLP; 

Dr. Lynn R. Goldman, Professor, Environmental Health Sciences, 

Bloomberg School of Public Health, Johns Hopkins University; Ms. 

Claudia Polsky, Deputy Attorney General, Environmental Section, 

California Department of Justice; Mr. Brooks B. Yeager, Visiting 

Fellow, H. John Heinz III Center for Science, Economics, and the 

Environment; and Mr. Glenn M. Wiser, Senior Attorney, Center for 

International Environmental Law. 

COMMITTEE CONSIDERATION

On Thursday, May 18, 2006, the Subcommittee on Environment 

and Hazardous Materials met in open markup session and approved H.R. 4591 for full Committee consideration, amended, by a 

record vote of 15 yeas to 10 nays, a quorum being present. On 

Wednesday, July 12, 2006, the Committee on Energy and Commerce met in open markup session and ordered H.R. 4591 favorably reported to the House, amended, by a recorded vote of 28 yeas 

and 15 nays, a quorum being present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. A motion by Mr. 

Barton to order H.R. 4591 reported favorably to the House, amended, was agreed to by a record vote of 28 yeas and 15 nays. 


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COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Subcommittee on Environment and Hazardous Materials held a legislative hearing and made findings that 

are reflected in this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal of H.R. 4591 is to implement the Stockholm Convention 

on Persistent Organic Pollutants, the Protocol on Persistent Organic Pollutants to the Convention on Long-Range Transboundary 

Air Pollution, and the Rotterdam Convention on the Prior Informed 

Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 4591, the 

Stockholm and Rotterdam Toxics Treaty Act of 2005, would result 

in no new or increased budget authority, entitlement authority, or 

tax expenditures or revenues. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, August 3, 2006. 

Hon. JOE BARTON, 

Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4591, the Stockholm and 

Rotterdam Toxics Treaty Act of 2006. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contacts are Susanne S. Mehlman 

and Leigh Angres. 

Sincerely, 

DONALD B. MARRON, Acting Director. 

Enclosure. 


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

H.R. 4591 would amend the Toxic Substances Control Act to authorize the Environmental Protection Agency (EPA) to implement 

provisions of three international environmental agreements: the 

Stockholm Convention on Persistent Organic Pollutants (POPs 

Convention), the Protocol to the 1979 Convention on Long-Range 

Transboundary Air Pollution for POPs (POPs Protocol to LRTAP), 

and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (PIC Convention). Those agreements are intended 

to help protect environmental and human health by eliminating or 

restricting the use of certain chemicals and to provide a means for 

participating countries to obtain and disseminate information 

about chemicals that may be imported and exported. 

CBO estimates that implementing H.R. 4591 would cost $10 million over the next five years, assuming appropriation of the necessary amounts. Funds would support additional personnel that 

would be needed at EPA under this legislation. While EPA currently regulates many of the chemicals that would be affected by 

these agreements, implementing this legislation would result in additional responsibilities for EPA. Specifically, EPA would participate in the international process for determining whether additional chemicals should be prohibited or restricted from use under 

the agreements. The agency would then oversee the process necessary to meet any prohibitions or restrictions of the use of chemicals that the United States chooses to pursue. EPA’s duties would 

include issuing public notices following decisions by the committees 

established under the agreements and developing and enforcing 

regulations when necessary. In establishing regulations, EPA 

would be required to conduct an analysis of the environmental and 

health benefits and risks, the economic consequences, and the national and international effects of regulating or banning certain 

chemicals. 

Based on information from EPA, CBO estimates that these activities would cost about $2 million a year, subject to the availability of appropriated funds. Enacting H.R. 4591 would not affect 

direct spending or revenues. 

Section 4 of the Unfunded Mandates Reform Act excludes from 

the application of that act any legislative provisions that are necessary for the ratification or implementation of international treaty 

obligations. H.R. 4591 would implement the following treaties: 

POPs Convention, PIC Convention, and POPs Protocol to LRTAP. 

CBO has determined that because this bill would implement three 

environmental treaties, it falls within that exclusion. CBO has thus 

not reviewed the bill for intergovernmental or private-sector mandates. 

The CBO staff contacts for this estimate are Susanne S. 

Mehlman and Leigh Angres. This estimate was approved by Peter 

H. Fontaine, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 


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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

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

Section 2. Implementation of international agreements 

Section 2 amends the Toxic Substances Control Act by adding a 

new Title V, Implementation of International Agreements in TSCA. 

Section 501. Definitions 

New Section 501 containing definitions for newly introduced 

terms for Title V under TSCA. 

Section 502. Implementation of POPS Convention and LRTAP 

POPS Protocol 

New Section 502 prohibits the manufacture, process, distribution 

in commerce for export, use, or disposal of defined POPs (aldrin, 

chlordane, dichlorodiphenyltrichloroethane (DDT), dieldrin, endrin, 

heptachlor, hexachlorobenzene, mirex, and toxaphene) or LRTAP 

POPs (aldrin, chlordane, chlordecone, 

dichlorodiphenyltrichloroethane (DDT), dieldrin, endrin, 

hexachlorocyclohexane, heptachlor, hexachlorobenzene, 

hexabromobiphenyl, mirex, and toxaphene) chemical substance or 

mixtures. 

New section 502(c) addresses PCBs, also a defined POPs and 

LRTAP POPs chemical substance. H.R. 4591 authorizes the Administrator of EPA to issue or amend rules under TSCA section 6(e), 

the current regulatory regime for PCBs, or other applicable law, for 

the purpose of complying with PCB provisions of the POPs Convention or LRTAP POPs Protocol. 

Section 503. Notice, information, rulemaking, and exemptions 

New Section 503 sets up a mandatory notice and comment procedure triggered by the formal actions of the international body 

(POPs Review Committee or Executive Body under LRTAP) regarding a new chemical substance or mixture that has been proposed 


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to be added, as outlined in the respective international agreement. 

Each notice and comment procedure corresponds with various, established stages in the international process, (first round is triggered after screening criteria is met or risk profile submitted, second after further consideration of chemical substance or mixture is 

warranted, and third after a conference recommendation concerning a listing or completion of a technical review). 

New Section 503 requires that for each required round of notice 

and public comment, the Administrator has 60 days to publish a 

notice and sets out various information pieces to be included in the 

notice as well as the types of information to be requested. 

New Section 503(d) also grants to the Administrator discretionary information gathering authority relating to any of the 

newly proposed POPs or LRTAP POPs chemical substances or mixtures subject to the notice and comment provisions, including for 

collection of information on annual quantities of the proposed 

chemical produced, the uses of such chemical, and the approximate 

releases into the environment. Section 503(d)(3), however, requires 

updates of information if the Administrator determines that an update of previously submitted information is necessary. 

Upon a vote of the international body to add a new chemical substance or mixture to the list of chemical substances or mixtures 

that are to be banned or severely restricted under either the POPs 

Convention or LRTAP POPs Protocol, new Section 503(e) establishes a domestic rulemaking framework that is intended to allow 

the Administrator to issue regulations to bring the United States 

into compliance with its obligations under these agreements. The 

Administrator may issue rules to protect human health and the environment in a manner that achieves a reasonable balance of social, environmental, and economic costs and benefits, only to the 

extent necessary to meet the obligations of the U.S. under the Conventions. The Committee intends to set the legal authority of ‘‘protecting human health and the environment,’’ but choosing means of 

such protection that reasonably balance costs and benefits is reserved to the Administrator. The Administrator should make every 

effort under this standard to ensure that the protection of human 

health and the environment is satisfied when attempting to balance social, environmental, and economic costs and benefits for 

purposes of meeting its obligations under the Conventions. The language is clear that the Administrator can use both qualitative and 

quantitative considerations in making evaluations. The standard 

asks the Administrator to choose a manner of protecting human 

health and the environment that ‘‘achieves a reasonable balance of 

social, environmental, and economic costs and benefits.’’ The Committee believes there is a distinction between the basic goal of the 

Stockholm Convention—protection of human health and the environment—and the assessment of appropriate means or measures to 

address this goal, specifically reflected in Annex F of the POPs 

Convention. This rulemaking standard reflects that distinction. 

New Section 503(e) also establishes considerations for the Administrator to use when promulgating rules based on assessing the 

effects and the impact of exposure to the proposed chemical. The 

Committee is especially concerned about the application of scientific studies and practices in any rulemaking. The Committee believes that sound and objective scientific studies, regardless of 


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source or origin, must be the basis by which any regulatory determinations are made. The use of sound and objective scientific practices is not new to Federal environmental law, including its application to Section 1412 of the Safe Drinking Water Act and Executive Order 12866, as issued by President Clinton. 

New Section 503(e)(4) directs the Administrator to use sound and 

objective scientific practices in assessing risks and effects, and further directs the Administrator to determine the weight of the scientific evidence concerning such risks based on the best available 

scientific information, including peer-reviewed studies in the rulemaking record. The term ‘‘weight of the evidence’’ is expressly used 

in the 1997 Final Report of the Presidential/Congressional Commission on Risk Assessment and Risk Management. The language is 

based, in part, on the Commissions recommendations. On page 4 

of that report the Commission states: ‘‘A good risk management decision . . . is based on a careful analysis of the weight of scientific 

evidence that supports conclusions about a problem’s potential 

risks to human health and the environment.’’ On page 23 of that 

report the Commission states: ‘‘Making judgments about risk on 

the basis of scientific information is called ‘evaluating the weight 

of the evidence.’ . . . It is important that risk assessors respect the 

objective scientific basis of risk and procedures for making inferences in the absence of adequate data.’’ On page 38 of that report 

the Commission states: ‘‘Risk assessors and economists are responsible for providing decision-makers with the best technical information available or reasonably attainable, including evaluations of the 

weight of the evidence that supports different assumptions and 

conclusions.’’

New Section 503(f) lists POPs Convention-based and new Section 

503(g) enumerates LRTAP POPs Protocol-based ‘‘use specific’’ or 

‘‘acceptable purpose’’ exemptions, as well as other exemptions, for 

the prohibitions and restrictions identified in new Section 502, including exemptions for unintentional trace contaminants, research, 

constituent of article in use, and export exemptions. As will be 

pointed out later in this report, new Section 507 provides that 

nothing in the legislation shall be construed to mandate that the 

United States register for an exemption under the POPs Convention. 

Of note, regarding the disposal of LRTAP substances, enactment 

of new Sections 503(g)(1)(H) and 503(g)(1)(I) of H.R. 4591, are able 

to be met utilizing existing authorities, including, as appropriate, 

the Resource Conservation and Recovery Act. The Committee 

wants to make clear that it does not want to create the impression 

that a new regulatory standard is being created or set for them. 

In addition, regarding the prohibitions and exemptions afforded 

in new Section 503, the Committee is concerned that future ban or 

restriction of some Persistent Organic Pollutants could become an 

issue in the United States’ ability to combat potential threats to 

public health. As is stated before, the Committee intends for the 

EPA Administrator to have maximum flexibility, including the ability under the Administrative Procedure Act to amend any regulation put into place under this statute restricting the use of a POP 

in the event that the ability to protect U.S. public health is severely threatened by this restriction. 


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New Section 503(h) creates a harmonization standard for treatment of exemptions for chemical substances or mixtures under the 

POPs Convention and LRTAP POPs Protocol. Under new Section 

503(h), if there is a conflict between a specified exemption under 

POPs or LRATP POPs, the more stringent provision, as determined 

by the Administrator, with the concurrence of the Secretary of 

State, shall apply. 

New Section 503(i) requires the Administrator to publish in the 

Federal Register a decision regarding the POPs Convention’s treatment of any new source categories that are not already listed under 

Section 112(c) of the Clean Air Act. 

New Section 503(j) requires the Administrator to publish a notice 

in the Federal Register within 90 days of developing an action plan 

under Article 5(a) of the POPs Convention. 

New Section 503(k) requires the Administrator, within one year 

of a final decision to add a new chemical substance or mixture by 

the parties to the POPs Convention or LRTAP POPs Protocol, to 

publish a notice in the Federal Register of either: (1) a decision to 

initiate a rulemaking process regarding a newly listed POPs or 

LRTAP POPs chemical substance or mixture, (2) a decision not to 

initiate a rulemaking and the reasons for this decision, or (3) the 

status of the Administrator’s considerations on a rulemaking and 

its timeframe, if the Administrator has not made a decision to regulate the POPs or LRTAP POPs chemical substance or mixture. 

Importantly, the Committee wishes to make clear its position 

concerning H.R. 4591 and pharmaceuticals. H.R. 4591 is not intended to amend or affect any provision or application of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). H.R. 

4591 applies only to those chemical substances or mixtures that 

are: (1) covered by the treaties and (2) within the scope of the Toxic 

Substances Control Act (15 U.S.C. 2601 et seq.). 

Finally, the Committee notes that new Section 503, as well as 

other provisions of H.R. 4591, contains numerous requirements on 

the Administrator of the EPA to obtain the ‘‘concurrence of the Secretary of State’’ before taking necessary actions. The Committee 

views the use of the term ‘‘concurrence’’ merely to ensure that actions by the Administrator under Title V will allow the United 

States to be in compliance with the POPs Convention, LRTAP 

POPs Protocol, and the PIC Convention. In no way does the Committee intend the use of the word ‘‘concurrence’’ to confer any type 

of new legal or other regulatory authority over environmental law, 

or its enforcement, to the Secretary of State. 

Section 504. Amendments and consultation 

New Section 504(a) establishes a sense of the Congress that the 

U.S. shall consent to be bound to further amendments and additional chemical substances or mixtures only after depositing their 

instrument of ratification and utilizing the opt-in. The State Department and EPA have twice testified before the Subcommittee on 

Environment and Hazardous Materials that the White House, 

under the Clinton Administration, worked very hard to have the 

‘‘opt-in’’ procedure added to Article 22(b) of the POPs Convention 

and the present White House wishes to utilize the ‘‘opt-in’’ feature 

for future chemical substances or mixtures. New Section 504 is 

meant to reinforce the importance of the ‘‘opt-in’’ process and to 


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alert future White House’s of Congress’s clear desire at the time of 

the passage of implementing legislation. 

New Section 504(b) also establishes consultation and reporting 

requirements with both Houses of Congress before the U.S. consents to be bound by any future amendment or additional chemical. 

Especially because of the potential impact of these treaties on the 

laws of the United States, new Section 504 is intended to ensure 

greater transparency by the Executive Branch in future efforts 

under these international agreements. 

Section 505. International cooperation and notice of meetings 

New Section 505 establishes that the Administrator and other 

appropriate Federal agencies, such as State, shall participate and 

cooperate in any international efforts to develop improved capacity 

building and technical cooperation in support of these treaties. 

Section 506. Effect of requirements 

New Section 506 establishes that any provision of TSCA that establishes a requirement to comply with, or is based on a provision 

of the POPs or PIC Convention or LRTAP POPs Protocol, shall be 

effective only to the extent that the U.S. has consented to be bound 

by that provision. 

Section 507. Rules of construction 

New Section 507 provides that nothing in the legislation shall be 

construed to mandate that the United States register for an exemption under the POPs Convention. 

In addition, new Section 507 states that nothing in this title affects the authority of the Administrator to use TSCA or any Federal environmental law to regulate a chemical substance or mixture. 

Section 3. Polychlorinated Biphenyls (PCBs) 

Section 3 amends Section 6(e) of TSCA to add a requirement that 

the Administrator may not issue a rule authorizing activities that 

were not previously authorized under TSCA Section 6(e) unless the 

activities are consistent with the activities (exemptions) authorized 

under new Sections 503(f) and (g). Further, Section 3 closes the 

gaps in current TSCA Section 6 in order for the U.S. to be in compliance with the POPs Convention for its obligations as they relate 

to PCBs. 

Section 4. Judicial review 

Section 4 applies a ‘‘substantial evidence’’ standard of review for 

regulations issued under new Section 503(e). The application of a 

‘‘substantial evidence’’ test for rulemaking under new Section 

503(e) is wholly consistent with TSCA’s current judicial review provisions for regulations issued under Sections 6(a) of TSCA, the 

other explicit regulatory authority provided in TSCA. In addition, 

the Committee does not wish to alter the provisions of existing law 

beyond what is essential to allow for full implementation of what 

the POPs, LRTAP POPs, and PIC Conventions requires. Since the 

other statute that must be amended for full implementation of 

these international agreements—the Federal Insecticide, Fungicide, 

and Rodenticide Act—also contains a ‘‘substantial evidence’’ test for 


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31 

judicial review, the Committee does not wish to have conflicting judicial review standards applied to the same domestic implementation legislation. 

Section 5. Exports 

Section 5 establishes conditions for the export regime of PIC 

chemical substances or mixtures. It sets up requirements for preexport notices, timing requirements for first export and subsequent 

exports, labeling and document requirements, and it also contains 

a streamlining and consolidation of notices section. Section 5 also 

establishes an Administrator-determined alternate time frame for 

exporters to request. 

Section 6. Conforming amendments 

Section 6 makes five conforming amendments to harmonize its 

provisions with the existing provisions of TSCA. Section 6(a) 

amends TSCA Section 1, the Table of Contents to include the new 

Title V; Section 6(b) conforms TSCA Section 11, Inspections and 

Subpoenas, to include new Title V; Section 6(c) adds Title V to 

TSCA Section 15, Prohibited Acts; Section 6(d) applies new Title V 

to the provisions of TSCA Section 17, Specific Enforcement and Seizure; and Section 6(e) amends TSCA Section 18, Preemption, to 

have it conform to new Title V. 

Regarding the changes to TSCA Section 18 called for in Section 

6(e), States can still impose stricter standards for POPs or LRTAP 

POPs chemical substances or mixtures on top of the Federal standards issued under new Section 503(e) if the State or municipal law 

is adopted under the authority of the Clean Air Act or any other 

Federal law, if the State or municipality bans the POPs or LRTAP 

POPs chemical substance or mixture, or if the State or municipal 

law is the same as the Federal law. If a State or municipal law 

does not qualify under these direct exemptions, the State or municipality may petition the Administrator to continue its law. The 

Committee notes that in the last 30 years the only time EPA denied a petition under TSCA Section 18, EPA took the subject of the 

individual State’s petition and made a national regulation out of it, 

thus public health protections have never been rejected by EPA 

under TSCA section 18. Of note, this petition is the only one that 

EPA has received under that Section. 

The Committee notes that because TSCA’s wide sweep regulates 

manufacturing and distribution of chemicals, a procedure has been 

in place for three decades that ensures State and local laws do not, 

through difficulties in marketing, distribution, or other factors, unduly burden interstate commerce when a Federal rule or order is 

in place. In addition, States remain able to impose their own standards and have ‘‘blank check’’ authority over non-POPs, non-LRTAP 

POPs, or non-TSCA chemical substances or mixtures. 

Further, because H.R. 4591 is implementing legislation for the 

POPs Convention and the LRTAP POPs Protocol, the Savings 

Clause of Section 6(e) clarifies that this section does not authorize 

State actions that would place the United States out of compliance 

with these international environmental accords. This treaty implementation language is intended to ensure that State laws restricting manufacturing and distribution in commerce are in line with 

the minimum obligations that are required to for the United States 


jcorcoran on PRODPC62 with HEARING
32 

to be in full compliance with these treaties. The Committee believes that altering the existing process in TSCA could possibly 

lead to a patch work set of laws that, according the Department of 

State, could lead to multiple interpretations of what is less stringent than federal regulations, resulting in states taking actions 

without notification to the Federal government. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

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

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TOXIC SUBSTANCES CONTROL ACT 

TITLE I—CONTROL OF TOXIC SUBSTANCES 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

This Act may be cited as the ‘‘Toxic Substances Control Act’’. 

TABLE OF CONTENTS 

TITLE I—CONTROL OF TOXIC SUBSTANCES 

* * * * * * * 

TITLE V—IMPLEMENTATION OF INTERNATIONAL AGREEMENTS 

Sec. 501. Definitions 

Sec. 502. Implementation of POPs Convention and LRTAP POPs Protocol 

Sec. 503. Notice, information, rulemaking, and exemptions 

Sec. 504. Amendments and consultation 

Sec. 505. International cooperation and notice of meetings 

Sec. 506. Effect of requirements 

Sec. 507. Rules of construction 

* * * * * * * 

SEC. 6. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND 

MIXTURES. 

(a) * * * 

* * * * * * * 

(e) POLYCHLORINATED BIPHENYLS.—(1) * * * 

(2)(A) * * * 

* * * * * * * 

(D) The Administrator may not, after the date of enactment of this 

subparagraph, issue a rule authorizing activities, that were not previously authorized, under subparagraph (B) unless the activities authorized are consistent with the exemptions described in section 

503(f) or (g), subject to section 503(h). 

(3)(A) * * * 

* * * * * * * 

(D) The Administrator may not, after the date of enactment of this 

subparagraph, grant an exemption under subparagraph (B) unless 

the manufacturing, processing, or distribution in commerce with respect to which such exemption applies is consistent with the exemptions described in section 503(f) or (g), subject to section 503(h). 

* * * * * * * 


jcorcoran on PRODPC62 with HEARING
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(6) Notwithstanding any other provision of this subsection, no person may distribute in commerce for export equipment (including 

transformers, capacitors, and other receptacles) containing greater 

than 0.05 liters of liquid stock that contains greater than 0.005 percent polychlorinated biphenyls, except for the purpose of environmentally sound waste management to the extent that such distribution in commerce for export is authorized by Federal law. 

* * * * * * * 

SEC. 11. INSPECTIONS AND SUBPOENAS. 

(a) IN GENERAL.—For purposes of administering this Act, the Administrator, and any duly designated representative of the Administrator, may inspect any establishment, facility, or other premises 

in which chemical substances, mixtures, or products subject to 

øtitle IV¿ title IV or title V are manufactured, processed, stored, or 

held before or after their distribution in commerce and any conveyance being used to transport chemical substances, mixtures, such 

products, or such articles in connection with distribution in commerce. Such an inspection may only be made upon the presentation 

of appropriate credentials and of a written notice to the owner, operator, or agent in charge of the premises or conveyance to be inspected. A separate notice shall be given for each such inspection, 

but a notice shall not be required for each entry made during the 

period covered by the inspection. Each such inspection shall be 

commenced and completed with reasonable promptness and shall 

be conducted at reasonable times, within reasonable limits, and in 

a reasonable manner. 

(b) SCOPE.—(1) Except as provided in paragraph (2), an inspection conducted under subsection (a) shall extend to all things within the premises or conveyance inspected (including records, files, 

papers, processes, controls, and facilities) bearing on whether the 

requirements of this Act applicable to the chemical substances, 

mixtures, or products subject to øtitle IV¿ title IV or title V within 

such premises or conveyance have been complied with. 

* * * * * * * 

SEC. 12. EXPORTS. 

(a) IN GENERAL.—(1) Except as provided in paragraph (2) and 

øsubsection (b), this Act (other than section 8)¿ subsections (b) and 

(c), this Act (other than section 8 and title V) shall not apply to any 

chemical substance, mixture, or to an article containing a chemical 

substance or mixture, if—

(A) * * * 

* * * * * * * 

(c) EXPORTS UNDER THE PIC CONVENTION AND POPS CONVENTION.—

(1) EXPORT CONDITIONS OR RESTRICTIONS.—In the case of a 

chemical substance or mixture identified by the Administrator 

as listed on Annex III of the PIC Convention in a notice issued 

under paragraph (4)(C), any person that distributes in commerce for export the chemical substance or mixture shall comply 

with any export conditions or restrictions identified by the Administrator in the notice. 

(2) PRE-EXPORT NOTICES.—

(A) IN GENERAL.—


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(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 


jcorcoran on PRODPC62 with HEARING
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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 


jcorcoran on PRODPC62 with HEARING
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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 MIX- TURES 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 


jcorcoran on PRODPC62 with HEARING
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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.—


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(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 


jcorcoran on PRODPC62 with HEARING
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(II) provides notice of the failure of the parties to 

provide import decisions. 

(iii) TREATMENT OF CONDITIONS AND RESTRICTIONS.—A condition or restriction identified by a notice 

required under clause (i) shall be considered to be an 

export condition or restriction for the purpose of paragraph (1). 

(D) NOTICE OF EXEMPTION.—The Administrator may 

issue a notice exempting any chemical substance or mixture 

from the requirements of paragraphs (1) through (3), and 

subparagraph (B) of this paragraph, if the Administrator 

determines, with the concurrence of the Secretary of State, 

that the exemption would be consistent with the PIC Convention or the POPs Convention. 

(5) CONSOLIDATION OF NOTICES.—With respect to any pre-export notice requirement under this subsection, the Administrator shall allow any such requirement, and any pre-export notice requirement in other provisions of this Act, to be satisfied 

by a single notice. 

(6) TRACE CONCENTRATIONS.—The Administrator shall allow 

the export of trace concentrations of otherwise restricted or 

banned chemicals without notification if the Administrator 

finds that the export of such concentrations without notification 

does not pose a significant threat to human health or the environment and is not inconsistent with the PIC Convention, the 

POPs Convention, and the LRTAP POPs Protocol. 

* * * * * * * 

SEC. 15. PROHIBITED ACTS. 

It shall be unlawful for any person to—

(1) fail or refuse to comply with (A) any rule promulgated or 

order issued under section 4, (B) any requirement prescribed 

by section 5 or 6, (C) any rule promulgated or order issued 

under section 5 or 6, or (D) any requirement of title II or any 

rule promulgated or order issued under title II or any requirement prescribed under title V or rule or order promulgated or 

issued under title V; 

(2) use for commercial purposes a chemical substance or mixture which such person knew or had reason to know was manufactured, processed, or distributed in commerce in violation of 

section 5 or 6, a rule or order under section 5 or 6, or an order 

issued in action brought under section 5 or 7, or any requirement prescribed under title V or rule or order promulgated or 

issued under title V; 

* * * * * * * 

SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE. 

(a) SPECIFIC ENFORCEMENT.—(1) The district courts of the United 

States shall have jurisdiction over civil actions to—

(A) restrain any violation of section 15 or 409ø,¿; 

ø(B) restrain any person from taking any action prohibited 

by section 5, 6, or title IV, or by a rule or order under section 

5, 6, or title IV,¿ 


jcorcoran on PRODPC62 with HEARING
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(B) restrain any person from taking any action prohibited by 

section 5 or 6, or title IV or V (or a rule or order issued under 

any of those sections or titles); 

(C) compel the taking of any action required by or under this 

Actø,¿; or 

(D) direct any manufacturer or processor of a chemical substance, mixture, or product subject to øtitle IV manufactured¿ 

title IV or V manufactured or processed in violation of øsection 

5, 6, or title IV¿ section 5 or 6, or title IV or V, or a rule or 

order under øsection 5, 6, or title IV¿ section 5 or 6, or title 

IV or V, and distributed in commerce, (i) to give notice of such 

fact to distributors in commerce of such substance, mixture, or 

product and, to the extent reasonably ascertainable, to other 

persons in possession of such substance, mixture, or product or 

exposed to such substance, mixture, or product, (ii) to give public notice of such risk of injury, and (iii) to either replace or repurchase such substance, mixture, or product, whichever the 

person to which the requirement is directed elects. 

* * * * * * * 

(b) SEIZURE.—Any chemical substance, mixture, or product subject to title IV or V which was manufactured, processed, or distributed in commerce in violation of this Act or any rule promulgated 

or order issued under this Act or any article containing such a substance or mixture shall be liable to be proceeded against, by process of libel for the seizure and condemnation of such substance, 

mixture, product, or article, in any district court of the United 

States within the jurisdiction of which such substance, mixture, 

product, or article is found. Such proceeding shall conform as nearly as possible to proceedings in rem in admiralty. 

SEC. 18. PREEMPTION. 

(a) EFFECT ON STATE LAW.—(1) * * * 

(2) Except as provided in subsection (b)— (A) * * * 

ø(B) if the Administrator prescribes a rule or order under 

section 5 or 6 (other than a rule imposing a requirement described in subsection (a)(6) of section 6) which is applicable to 

a chemical substance or mixture, and which is designed to protect against a risk of injury to health or the environment associated with such substance or mixture, no State or political 

subdivision of a State may, after the effective date of such requirement, establish or continue in effect, any requirement 

which is applicable to such substance or mixture, or an article 

containing such substance or mixture, and which is designed 

to protect against such risk unless such requirement (i) is identical to the requirement prescribed by the Administrator, (ii) is 

adopted under the authority of the Clean Air Act or any other 

Federal law, or (iii) prohibits the use of such substance or mixture in such State or political subdivision (other than its use 

in the manufacture or processing of other substances or mixtures).¿ 

(B) if—

(i) the Administrator prescribes a rule or order under section 5 or 6 (other than a rule imposing a requirement described in subsection (a)(6) of section 6) which is applicable 


jcorcoran on PRODPC62 with HEARING
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to a chemical substance or mixture, and which is designed 

to protect against a risk of injury to health or the environment associated with such substance or mixture; or 

(ii) the United States has consented to be bound under 

the POPs Convention or LRTAP POPs Protocol with respect 

to a POPs chemical substance or mixture or LRTAP POPs 

chemical substance or mixture (as defined in section 501), 

no State or political subdivision of a State may, after the effective date of such rule or order or consent, establish or continue 

in effect any requirement, which is applicable to such substance 

or mixture, or an article containing such substance or mixture, 

and which is designed to protect against a risk of injury to 

health or the environment associated with such substance or 

mixture that the rule, order, or consent is designed to protect 

against, unless such requirement is identical to the requirement 

prescribed by the Administrator, is adopted under the authority 

of the Clean Air Act or any other Federal law, or prohibits the 

use of such substance or mixture in such State or political subdivision (other than its use in the manufacture or processing of 

other substances or mixtures). 

* * * * * * * 

(c) SAVINGS.—Nothing in this section shall be construed to authorize a State to act in a manner that causes the United States to 

be out of compliance with its obligations under the POPs Convention or LRTAP POPs Protocol. For purposes of this section, the 

terms ‘‘POPs Convention’’ and ‘‘LRTAP POPs Protocol’’ have the 

meaning given those terms in section 501. 

SEC. 19. JUDICIAL REVIEW. 

(a) IN GENERAL.—(1)(A) Not later than 60 days after the date of 

the promulgation of a rule under section 4(a), 5(a)(2), 5(b)(4), 6(a), 

6(e), or 8, or under title II øor IV¿, IV, or V, any person may file 

a petition for judicial review of such rule with the United States 

Court of Appeals for the District of Columbia Circuit or for the circuit in which such person resides or in which such person’s principal place of business is located. Courts of appeals of the United 

States shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) of such a 

rule if any district court of the United States would have had jurisdiction of such action but for this subparagraph. 

* * * * * * * 

(3) For purposes of this section, the term ‘‘rulemaking record’’

means—

(A) * * * 

(B) in the case of a rule under section 4(a), the finding required by such section, in the case of a rule under section 

5(b)(4), the finding required by such section, in the case of a 

rule under section 6(a) the finding required by section 5(f) or 

6(a), as the case may be, in the case of a rule under section 

6(a), the statement required by section 6(c)(1), and in the case 

of a rule under section 6(e), the findings required by paragraph 

(2)(B) or (3)(B) of such section, as the case may be and in the 


jcorcoran on PRODPC62 with HEARING
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case of a rule under øtitle IV, the finding¿ title IV or V, the 

findings required for the issuance of such a rule; 

* * * * * * * 

(D) any written submission of interested parties respecting 

the promulgation of such rule; øand¿ 

(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 

ø(E)¿ (F) any other information which the Administrator 

considers to be relevant to such rule and which the Administrator identified, on or before the date of the promulgation of 

such rule, in a notice published in the Federal Register. 

(b) ADDITIONAL SUBMISSIONS AND PRESENTATIONS; MODIFICA- TIONS.—If in an action under this section to review a rule (except 

a rule promulgated pursuant to section 503) the petitioner or the 

Administrator applies to the court for leave to make additional oral 

submissions or written presentations respecting such rule and 

shows to the satisfaction of the court that such submissions and 

presentations would be material and that there were reasonable 

grounds for the submissions and failure to make such submissions 

and presentations in the proceeding before the Administrator, the 

court may order the Administrator to provide additional opportunity to make such submissions and presentations. The Administrator may modify or set aside the rule being reviewed or make a 

new rule by reason of the additional submissions and presentations 

and shall file such modified or new rule with the return of such 

submissions and presentations. The court shall thereafter review 

such new or modified rule. 

(c) STANDARD OF REVIEW.—(1)(A) * * * 

(B) Section 706 of title 5, United States Code, shall apply to review of a rule under this section, except that—

(i) in the case of review of a rule under section 4(a), 5(b)(4), 

6(a), øor 6(e)¿ 6(e), or 503(e)(1), the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply 

and the court shall hold unlawful and set aside such rule if the 

court finds that the rule is not supported by substantial evidence in the rulemaking record (as defined in subsection (a)(3)) 

taken as a whole; 

* * * * * * * 

TITLE V—IMPLEMENTATION OF 

INTERNATIONAL AGREEMENTS 

SEC. 501. DEFINITIONS. 

In this title: 

(1) CONFERENCE.—The term ‘‘Conference’’ means the Conference of the Parties established by paragraph 1 of Article 19 

of the POPs Convention. 

(2) CONFERENCE LISTING DECISION.—The term ‘‘Conference 

listing decision’’ means a decision by the Conference to approve 

an amendment to list a chemical substance or mixture in Annex 

A or B to the POPs Convention. 


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(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. 


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(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). 


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(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 

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tion 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 


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(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). 


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(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 


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(including the possible consequences of using alternative products or processes). 

(B) Nothing in this paragraph shall be interpreted to prevent the Administrator from using the information described in paragraph (3), along with any other information 

provided during the comment period with respect to the 

rulemaking under paragraph (1), to carry out this paragraph. 

(3) ADDITIONAL CONSIDERATIONS.—The Administrator may 

also consider—

(A) with regard to chemical substances or mixtures listed 

in Annex A or B of the POPs Convention—

(i) recommendations of the POPs Review Committee 

under paragraph 9 of Article 8 of the POPs Convention; 

(ii) the Conference listing decision; and 

(iii) any information that the United States submits 

to the POPs Review Committee or to the Conference 

pursuant to Article 8 of the POPs Convention; and 

(B) with regard to chemical substances or mixtures listed 

in Annex I or II of the LRTAP POPs Protocol—

(i) any technical review conducted pursuant to paragraph 2 of the Executive Body Decision 1998/2; 

(ii) the LRTAP POPs Protocol listing decision; and 

(iii) any information that the United States submitted to the Executive Body, or a subsidiary of the Executive Body, in relation to such a technical review or 

listing decision. 

(4) ASSESSMENT OF RISKS OR EFFECTS.—In assessing risks 

and effects, the Administrator shall use sound and objective scientific practices, and shall determine the weight of the scientific 

evidence concerning such risks or effects based on the best 

available scientific information, including peer-reviewed studies, in the rulemaking record. 

(5) COMMENTS AND INFORMATION PART OF RECORD.—The 

comments and information received in response to notices or orders published pursuant to subsections (a), (b), (c), and (d) shall 

be part of the record for a rule promulgated pursuant to this 

subsection. 

(f) EXEMPTIONS UNDER POPS CONVENTION.—

(1) USE-SPECIFIC OR ACCEPTABLE PURPOSE EXEMPTIONS.—

Prohibitions or restrictions included in rules issued under subsection (e)(1), and the prohibitions described in section 502(a), 

shall not apply to any manufacture, processing, distribution in 

commerce for export, use, or disposal of a POPs chemical substance or mixture that the Administrator determines, through 

final rules promulgated under subsection (e)(1), with the concurrence of the Secretary of State—

(A) is consistent with—

(i) a production or use-specific exemption available to 

the United States under Annex A or B to the POPs 

Convention; or 

(ii) an acceptable purpose applicable to the United 

States under Annex B to the POPs Convention; and 


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(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 


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(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—


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(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. 


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(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., 

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facturing, 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. 


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(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 


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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 

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vention, 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. 


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DISSENTING VIEWS OF THE HONORABLE JOHN D. DINGELL, HENRY A. WAXMAN, EDWARD J. MARKEY, 

EDOLPHUS TOWNS, FRANK PALLONE, JR., BART GORDON, 

BOBBY L. RUSH, ANNA G. ESHOO, BART STUPAK, ELIOT L. 

ENGEL, ALBERT R. WYNN, TED STRICKLAND, DIANA 

DEGETTE, LOIS CAPPS, MIKE DOYLE, TOM ALLEN, JIM 

DAVIS, JAN SCHAKOWSKY, HILDA L. SOLIS, CHARLES A. 

GONZALEZ, JAY INSLEE, TAMMY BALDWIN, AND MIKE 

ROSS 

We oppose H.R. 4591, the ‘‘Stockholm and Rotterdam Toxics 

Treaty Act of 2005’’, as reported by the Committee. The proponents 

of H.R. 4591 purport to be interested in developing implementing 

legislation for the Stockholm Convention on Persistent Organic Pollutants so that the United States can ratify the Convention and be 

at the negotiating table as the international community engages in 

the lengthy, scientific process of determining whether additional 

persistent organic pollutants (POPs) should be added to the ‘‘dirty 

dozen’’ chemicals that are already listed in the Convention. But 

their approach included significant departures from important environmental principles in current law, and precluded a consensus 

bill that could actually become law. 

Instead of developing legislation to protect the public from dangerous pollutants, they have put forth H.R. 4591, a bill containing 

a controversial, cost-benefit standard that is not found in the Convention or existing environmental laws. Moreover, they have chosen to regulate new POPs under a law that is unworkable. 

The reported bill would preempt States seeking stronger regulation, and would set no time frames for the Environmental Protection Agency (EPA) to act. By choosing the Toxic Substances Control 

Act (TSCA) to regulate these POPs, they have adopted a judicial 

review standard that makes it easier for judges to substitute their 

views for the expert decisions of EPA. The bill would also deny citizen suits to enforce regulation of POPs, a right citizens have under 

TSCA. 

Opposition to H.R. 4591 comes from many different sectors. The 

2.9 million member American Nurses Association opposes H.R. 

4591, as do the National Hispanic Environmental Council and the 

United Steelworkers, the predominant union representing chemical 

plant workers. Opposition to H.R. 4591 also comes from a bipartisan group of State Attorneys General, two dozen Native American 

communities, and approximately 60 public health and environmental organizations, including the Natural Resources Defense 

Council and the League of Conservation Voters. 

We offered an alternative, H.R. 4800 (the ‘‘Solis Democratic Substitute’’), which was defeated on a party-line vote. It provided EPA 

with rulemaking authority and a regulatory standard that would 

allow EPA to implement promptly the control measures recVerDate Aug 31 2005 01:16 Nov 21, 2006 Jkt 059006 PO 00000 Frm 00058 Fmt 6604 Sfmt 6604 E:\HR\OC\HR714.XXX HR714

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1Testimony of Ms. Susan B. Hazen, Principal Deputy Assistant Administrator, Office of Prevention, Pesticides, and Toxic Substances, U.S. Environmental Protection Agency, before the 

Subcommittee on Environment and Hazardous Materials Hearing, March 2, 2006 (Serial No. 

109–63), p. 37. 2 Response to questions for the record submitted to Assistant Secretary Claudia McMurray, 

before the Subcommittee on Environment and Hazardous Materials hearing, March 2, 2006 (Serial No. 109–63), p. 161. 

ommended by the Conference of the Parties for a new chemical, 

sometimes called ‘‘the 13th POP.’’ It would protect U.S. sovereignty, while allowing EPA to proceed in an efficient and expeditious manner. EPA testified that, ‘‘It does appear from our analysis 

of [H.R. 4800] that [it] would allow the United States to implement 

the obligations under these agreements.’’ 1

Protecting U.S. sovereignty 

Although it was alleged during consideration of the bill that our 

Substitute would relinquish U.S. sovereignty, the Democratic substitute would fully protect U.S. sovereignty. The Department of 

State informed the Subcommittee in writing that it agrees that the 

Democratic substitute ‘‘would not require automatic adoption of decisions of the COP [Conference of the Parties]’’ and it agrees that 

the Democratic substitute would not delegate regulatory powers to 

the United Nations.2 Under the Democratic substitute, the United 

States would not be bound by any future chemical listings under 

POPs unless the President affirmatively consented to be bound by 

the listing of a new chemical. In addition, EPA would not be allowed to regulate a newly listed chemical if EPA were to decide 

that the chemical substance is not likely to lead to significant 

human health or environmental effects. 

The Worst of the worst chemicals should be regulated using a 

health-based standard, not a novel, controversial cost-benefit 

standard 

The health-based standard in the Democratic substitute is one of 

the critical reasons we support it rather than H.R. 4591, which 

would establish an untested cost-benefit standard that would not 

adequately protect public health and would undoubtedly lead to 

lengthy litigation. It would add this standard and other new requirements and criteria to the existing criteria of the Toxic Substances Control Act (TSCA). These new requirements and criteria 

would create additional obstacles to regulating under a statute that 

has already proved unworkable for regulating asbestos and other 

hazardous chemicals. 

The next POPs chemical identified for international regulation by 

the science-based procedure that takes a minimum of five years 

under the Treaty will be the worst of the worst chemicals, reflecting broad-based international agreement. Article 21 requires parties to ‘‘make every effort to reach agreement . . . by consensus’’

and a minimum ‘‘three-fourths majority’’ to adopt amendments. 

For new POPs chemicals listed by the international community 

under the Stockholm Convention, the Solis Democratic Substitute 

would use a health-based standard that ‘‘protects against significant adverse human health and environmental effects.’’ In a letter 

dated August 1, 2001, to President Bush by then-Secretary of State 

Colin L. Powell, submitting the Stockholm Convention on POPs, he 


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3Sec. of State Colin L. Powell Letter of Submittal, Aug. 1, 2001; Treaty Doc. 107, Stockholm 

Convention on Organic Pollutants, Message from the President of the United States Transmitting Stockholm Convention on Persistent Organic Pollutants, with Annexes, Done at Stockholm, 

May 22–23, 2001; May 7, 2002; pg. XIV. 4 Response to questions for the record submitted to Mr. Donald Elliott, Subcommittee on Environment and Hazardous Materials hearing, March 2, 2006 (Serial No. 109–93), p. 120. 5 Id. 

described the ‘‘significant adverse human health and/or environmental effects’’ as a formulation that is ‘‘consistent with risk-based 

decision-making by chemical regulators under existing U.S. law.’’ 3

This is the formulation used in the Solis Democratic Substitute. 

H.R. 4591, in contrast, utilizes the already unworkable Toxic 

Substances Control Act and would make it even harder for EPA to 

limit the use of persistent organic pollutants. During the legislative 

hearing process on H.R. 4591, we were told that Section 6 of the 

existing Toxic Substances Control Act is not a useful tool for protecting Americans from exposures to harmful chemicals. Under 

Section 6, as interpreted by the Court of Appeals, EPA was not 

able to regulate a chemical as thoroughly studied and as dangerous 

as asbestos. We were informed that the Court of Appeals reversed 

EPA’s attempt in 1989 to ban all uses of asbestos for which there 

were readily available substitutes, a rule that was supported by 10 

years of hearings and over 100,000 pages of record, including several hundred scientific studies. 

The asbestos experience led Mr. Donald Elliott, who was General 

Counsel of EPA during the Administration of the first President 

Bush, to conclude: ‘‘That case sets the evidentiary standard for regulation under Section 6 so high that EPA can no longer use. . . . Section 6 as a useful tool for regulating chemicals. If after thousands of deaths from asbestos exposure, EPA could not regulate asbestos under section 6, it is virtually impossible for EPA to regulate any chemical under section 6.’’ 4 Mr. Elliott went on to state 

that ‘‘That case is a public policy and public health disaster and 

should be explicitly overruled by Congress.’’ 5

Rather than overruling that ‘‘public policy and public health disaster’’ and fixing Section 6 (at least for the worst of the worst 

chemicals), H.R. 4591 would add new requirements and criteria to 

the existing TSCA criteria that EPA would have to consider before 

it could regulate a new POPs chemical. These new criteria would 

expand the number of analyses required, delay regulatory action, 

and provide new opportunities to challenge in court any EPA regulation of a newly listed POPs chemical. 

H.R. 4591 contains a controversial, economic cost-benefit standard that uses criterion that de-emphasizes the impact on public 

health. This standard appears nowhere in the Stockholm Convention or in existing U.S. law. At the Subcommittee hearing on July 

14, 2004 (Serial No. 108–112, at pages 70–71), Lisa Heinzerling, 

Georgetown University Professor of Law and an expert on environmental regulation, testified about the inappropriateness of using a 

cost-benefit standard to regulate the worst of the worst chemicals: 

Cost-benefit balancing is notoriously, and systematically, 

biased against environmental regulation. It is particularly 

skewed against environmental regulation that targets pollutants like the POPs pollutants with large but insidious 

and sometimes subtle effects, spread over a vast popuVerDate Aug 31 2005 01:16 Nov 21, 2006 Jkt 059006 PO 00000 Frm 00060 Fmt 6604 Sfmt 6604 E:\HR\OC\HR714.XXX HR714

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6 Internal footnotes omitted. 

7Testimony of Brooks B. Yeager before the Subcommittee on Environment and Hazardous 

Materials Hearing, July 13, 2004 (Serial No. 108–112, pg. 60). 

lation (in this case, the whole world) and reaching into the 

distant future. 

* * * * * * * 

—Many of the benefits of reducing these pollutants cannot be quantified. In many cases, avoiding cancer is the 

only benefit that can be quantified. This leaves all other 

causes of death, plus all nonfatal illnesses avoided and all 

ecological effects, left out of the numerical tally of costs 

and benefits. When a benefit is not quantified, its worth is 

typically treated as if it were zero in a cost-benefit balancing. 

—The costs of regulating environmental risks are often 

overstated, and often by a large amount. 

—Even when benefits can be quantified, the process of 

fitting values like human lives and health into a cost-benefit balance is fraught with difficulty. . . . 

—The technique of discounting—required by the court in 

Corrosion Proof Fittings [the case overturning EPA’s attempt to regulate asbestos under Section 6 of the Toxic 

Substances Control Act] . . .—belittles desires to protect 

this and future generations against long-term and persistent risks. Discounting would easily trivialize the benefits of regulating POPs. Yet protection of the future for our 

own generation, our children’s generation, and generations 

yet to come—is one of the basic principles animating a document like the POPs treaty. . . . 

* * * * * * * 

. . . [the use of cost-benefit balancing] in the POPs implementing legislation would virtually ensure that no new 

POPs will be regulated in this country....6

U.S. officials who led the U.S. delegation when the POPs Treaty 

was negotiated have testified that the authors of the regulatory 

standard and criteria in H.R. 4591 have essentially designed a system to fail. In their view, and ours, H.R. 4591 would likely prevent 

EPA from being able to regulate a new chemical, just as EPA was 

unable to regulate asbestos under TSCA. 

Mr. Brooks Yeager, head of the delegation and lead U.S. negotiator for the POPs Convention as Deputy Assistant Secretary for 

Environment and Development, U.S. Department of State, testified 

that the regulatory standard provision of H.R. 4591: 

. . . adds considerable regulatory baggage . . . to a 

piece of domestic environmental legislation that is already 

anemic and largely ineffectual . . . virtually ensuring that 

no chemical will surmount the bureaucratic hurdles.7

Dr. Lynn R. Goldman, Assistant Administrator for Prevention, 

Pesticides, and Toxic Substances, U.S. EPA (1993–1998), led the 


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8Testimony of Dr. Lynn R. Goldman before the Subcommittee on Environment and Hazardous 

Materials Hearing, March 2, 2006 (Serial No. 109–63, pg. 89). 

U.S. delegation to the first POPs negotiating session. Dr. Goldman 

testified on March 2, 2006 8: 

Decision standard: The standard that the U.S. negotiated for the POPs convention, that is, to ‘‘protect against 

significant adverse human health and environmental effects associated with the chemical substance or mixture’’, should be the standard for actions to implement POPs convention decisions. H.R. 4800 adheres to this standard. H.R. 

4591, on the other hand, is loaded down with prescriptive 

language regarding ‘‘sound science’’ and various kinds of 

risk-analytical determinations in vogue today, which are 

certain to contribute nothing of value beyond the expert 

process of the convention. These new procedures, if enacted by Congress, would increase the burden to EPA and 

the taxpayers of unnecessary analyses, open new opportunities for litigation, and render it difficult if not impossible 

for the EPA to take action to implement POPs listings. 

A health-based regulatory standard is fundamental to protecting 

the health of our citizens. In the words of the chief U.S. negotiator, 

these POPs ‘‘can wreak havoc in human and animal tissue, causing 

nervous system damage, diseases of the immune system, reproductive and developmental disorders, and cancers.’’ The lead EPA negotiator for the Treaty testified that ‘‘control of POPs therefore is 

about protecting our food supply, protecting the fetus and protecting the safety of breast milk for infants.’’

We should allow States to protect their citizens and adopt more 

stringent regulations 

We also oppose H.R. 4591 because it preempts more stringent 

State regulation of POPs chemicals, even though the Stockholm 

Convention does not preclude stricter State standards. H.R. 4591 

is even more preemptive than TSCA section 18, which preempts 

States to a greater extent than most other environmental statutes. 

Under H.R. 4591 (and existing TSCA section 18) the only circumstances where a State law could be more stringent are (1) 

where the requirement is adopted under a Federal law, or (2) the 

State law is a total ban on the chemical’s use in the State. In every 

other circumstance, where a State wanted to impose a more protective or more stringent set of controls, the State must petition and 

obtain permission from EPA after a rulemaking where it must be 

demonstrated that the State requirement ‘‘provides a significantly 

higher degree of protection’’ and ‘‘does not . . . unduly burden 

interstate commerce.’’ EPA has never granted a State petition in 

the 30-year history of TSCA. 

Remarkably, H.R. 4591 goes even further, providing that once 

the U.S. has consented to be bound under the POPs Convention, 

more stringent State laws regulating a chemical POPs would be 

preempted even if EPA has not adopted any regulations of the 

chemical. Under this preemption scheme, if a State were to have 

a regulation in place when the U.S. consents to be bound by the 

listing of a new POP, that State law would effectively be wiped off 


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the books even if the chemical were not subject to any regulations 

at the Federal level. 

H.R. 4591 results in a regulatory system for POPs where more 

stringent State laws could apply to pesticide POPs but not to chemical POPs, except where the State acted under the authority of 

Federal law or the State law was a total ban. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the statute that 

would regulate pesticide POPs, allows the States to have more 

stringent laws while H.R. 4591 would restrict the States for chemical POPs. 

In contrast to the preemption of State law found in H.R. 4951, 

the Solis Democratic Substitute would allow States to promulgate 

more stringent requirements than the minimum Federal controls, 

as may be necessary to protect the health of their citizens. States 

are allowed to set more stringent standards under other EPA statutes, without any petition process or similar limitations (see, e.g., 

the Solid Waste Disposal Act, the Safe Drinking Water Act and the 

Clean Water Act, and FIFRA which applies to pesticide POPs). 

State Attorneys General from Illinois, Minnesota, Washington, 

Oregon, New Mexico, New Jersey, New York, Delaware, Connecticut, California, and Massachusetts have all written in opposition to H.R. 4591. In an April 19, 2006, letter, the Attorney General for the State of Washington wrote that ‘‘The preemption of 

state authority in this area is counterproductive to our shared interest in protecting the health and welfare of our citizens.’’ In a 

May 1, 2006, letter to Chairman Gillmor, Attorneys General from 

10 States expressed their support for H.R. 4800 and stated that 

H.R. 4591 ‘‘. . . falls far short of what is necessary to ensure that 

States are not dangerously vulnerable to the risks from chemicals 

that may later be added to the list of toxics covered by the POPs 

Treaty.’’ We agree. 

We should require EPA to act in a timely fashion 

One of the lessons we have learned over the years, and one that 

is reflected in our environmental statutes, is that EPA needs to be 

given deadlines to ensure that it does what we tell it to do. H.R. 

4591 ignores this basic lesson and does not set any time limit for 

final EPA action. 

The Solis Democratic Substitute would set deadlines for EPA action. The deadline provision would carefully protect U.S. sovereignty by ensuring that no EPA regulation would go into effect 

unless and until the U.S. consented to be bound by the new listing. 

It requires that, within one year after a Stockholm Convention 

Conference decision to list a new POPs chemical, the Administrator 

of EPA shall publish in the Federal Register a proposed regulation, 

a proposed decision that the substance is already regulated appropriately, or a proposed decision not to regulate because the chemical substance or mixture is not likely to lead to significant adverse 

human health or environmental effects. Within two years after the 

decision to list a new chemical, a final rule or decision must be 

published in the Federal Register. 


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Judges should not be allowed to supplant the agency’s expert views 

with their own 

We also oppose H.R. 4591 because of the standard of judicial review it would use for review of EPA decisions. H.R. 4591 requires 

the Court of Appeals to set aside an agency rule if the Court were 

to find that the rule is not supported by ‘‘substantial evidence in 

the rulemaking record . . . taken as a whole.’’ Under this standard, 

which is the standard in Section 19 of TSCA and was the standard 

of review in the failed EPA effort to regulate asbestos, the reviewing court could rely on its own judgment and analysis of highly scientific and technical findings, making it easier for judges to overturn agency action. 

The Solis Democratic Substitute requires that the Court of Appeals set aside an agency rule if the Court were to find that the 

rule is ‘‘arbitrary, capricious, an abuse of discretion, or otherwise 

not in accordance with law.’’ This is the traditional standard of review under the Administrative Procedure Act for agency rules, and 

is used by the Clean Air Act, Clean Water Act, Safe Drinking 

Water Act, and Solid Waste Disposal Act. Under this standard, the 

reviewing court is to conduct a ‘‘thorough, probing, in-depth review’’ of the agency’s action and rationale. The reviewing court must set 

aside agency action where it finds a ‘‘clear error of judgment,’’ but 

the court is not to substitute its judgment for that of the agency. 

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

H.R. 4591 would not provide citizens the same rights they have 

under TSCA and other environmental statutes. It would not allow 

the existing citizen suit provision of TSCA (Section 20) to apply to 

the POPs provisions or to any regulation adopted under the regulatory standard of H.R. 4591. Under the current citizen suit provision of TSCA, any person may commence a civil action against any 

person who is in violation of the Act or regulations promulgated 

thereunder or against the EPA Administrator for failure to perform 

a non-discretionary duty. 

The Solis Democratic Substitute follows TSCA and applies the 

citizen suit provisions to violations of the POPs implementing legislation or EPA regulations promulgated thereunder. 

Conclusion 

Our Republican colleagues are offering us an unbalanced piece of 

legislation that is designed to roll back important principles of our 

environmental laws. H.R. 4591 would set up a system designed to 

fail, designed to ensure that EPA cannot issue regulations governing the worst of the worst chemicals in a way that adequately 

protects public health. The authority and procedures Toxic Substances Control Act established to regulate chemicals have already 

proved unworkable—EPA could not even regulate asbestos using 

those provisions. 

H.R. 4591 takes this bad situation under TSCA and makes it 

worse by adding new obstacles that experts believe will virtually 

ensure that no new POPs chemicals will surmount the bureaucratic 

hurdles it establishes. In particular, we believe that the cost-benefit standard in H.R. 4591 would not allow EPA to adopt regulaVerDate Aug 31 2005 01:16 Nov 21, 2006 Jkt 059006 PO 00000 Frm 00064 Fmt 6604 Sfmt 6602 E:\HR\OC\HR714.XXX HR714

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tions that would adequately protect the public from the health 

risks associated with the worst of the worst chemicals. 

The Democratic substitute requires EPA to use a health-based 

standard in deciding whether and how to regulate the very worst 

chemicals on the planet—chemicals that are persistent and can be 

transported long distances. In the words of the chief U.S. negotiator, these POPs ‘‘. . . can wreak havoc in human and animal tissue, causing nervous system damage, diseases of the immune system, reproductive and developmental disorders, and cancers.’’ The 

lead EPA negotiator for the Treaty testified that ‘‘. . . control of 

POPs therefore is about protecting our food supply, protecting the 

fetus and protecting the safety of breast milk for infants.’’ A healthbased regulatory standard, therefore, is fundamental to protecting 

the health of our citizens. 

The Solis Democratic substitute offered a responsible and workable way forward, consistent with important environmental principles. H.R. 4591 does not, and should be rejected. 

JOHN D. DINGELL. 

HENRY A. WAXMAN. 

EDWARD J. MARKEY. 

EDOLPHUS TOWNS. 

FRANK PALLONE, Jr. 

BART GORDON. 

BOBBY L. RUSH. 

ANNA G. ESHOO. 

BART STUPAK. 

ELIOT L. ENGEL. 

ALBERT R. WYNN. 

TED STRICKLAND. 

DIANA DEGETTE. 

LOIS CAPPS. 

MICHAEL DOYLE. 

TOM ALLEN. 

CHARLES A. GONZALEZ. 

JAY INSLEE. 

JIM DAVIS. 

JAN SCHAKOWSKY. 

HILDA L. SOLIS. 

TAMMY BALDWIN. 

MIKE ROSS. 

Æ 


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