I 

109TH CONGRESS 

2D SESSION H. R. 4800 

To amend the Toxic Substances Control Act to implement the Stockholm 

Convention on Persistent Organic Pollutants, the Protocol on Persistent 

Organic Pollutants to the Convention on Long-Range Transboundary 

Air Pollution, and the Rotterdam Convention on the Prior Informed 

Consent Procedure for Certain Hazardous Chemicals and Pesticides in 

International Trade. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2006 

Ms. SOLIS (for herself, Mr. PALLONE, Mrs. CAPPS, Mr. TOWNS, Ms. 

SCHAKOWSKY, Mr. WYNN, Mr. WAXMAN, Mr. DINGELL, Mr. ALLEN, Mr. 

BROWN of Ohio, and Ms. DEGETTE) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Toxic Substances Control Act to implement 

the Stockholm Convention on Persistent Organic Pollutants, the Protocol on Persistent Organic Pollutants to 

the Convention on Long-Range Transboundary Air Pollution, and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘POPs, LRTAP POPs, and PIC Implementation Act of 

4 2006’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Implementation of international agreements. 

Sec. 3. Exports. 

Sec. 4. Prohibited acts. 

Sec. 5. Conforming amendments. 

7 SEC. 2. IMPLEMENTATION OF INTERNATIONAL AGREE8 MENTS. 

9 The Toxic Substances Control Act (15 U.S.C. 2601 

10 et seq.) is amended— 

11 (1) in section 1, by adding at the end of the 

12 table of contents the following: 

‘‘TITLE V—IMPLEMENTATION OF INTERNATIONAL AGREEMENTS 

‘‘Sec. 501. Definitions. 

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

‘‘Sec. 503. Notice and record of prohibitions, exemptions, disallowances, and 

other information. 

‘‘Sec. 504. International conventions and cooperation in international efforts. 

‘‘Sec. 505. Exports. 

‘‘Sec. 506. Rules of construction. 

‘‘Sec. 507. Applicability.’’; 

13 and 

14 (2) by adding at the end the following: 

15 ‘‘TITLE V—IMPLEMENTATION OF 

16 INTERNATIONAL AGREEMENTS 

17 ‘‘SEC. 501. DEFINITIONS. 

18 ‘‘In this title: 
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1 ‘‘(1) CONFERENCE.—The term ‘Conference’ 

2 means the Conference of the Parties established by 

3 paragraph 1 of Article 19 of the POPs Convention. 

4 ‘‘(2) CONFERENCE LISTING DECISION.—The 

5 term ‘Conference listing decision’ means a decision 

6 by the Conference to approve an amendment to list 

7 a chemical substance or mixture in Annex A or B 

8 to the POPs Convention. 

9 ‘‘(3) DESIGNATED NATIONAL AUTHORITY.—The 

10 term ‘designated national authority’ means the 1 or 

11 more authorities that a government has designated 

12 in a notification to the Secretariat of the PIC Con13 vention in accordance with Article 4 of the PIC Con14 vention. 

15 ‘‘(4) EXECUTIVE BODY.—The term ‘Executive 

16 Body’ means the Executive Body established by Ar17 ticle 10 of the LRTAP Convention. 

18 ‘‘(5) EXECUTIVE BODY DECISION 1998/2.—The 

19 term ‘Executive Body Decision 1998/2’ means the 

20 decision of the Executive Body titled ‘Executive 

21 Body Decision 1998/2 on Information to Be Sub22 mitted and the Procedure for Adding Substances to 

23 Annexes I, II, or III to the Protocol on Persistent 

24 Organic Pollutants’ including any amendments 
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1 thereto, as provided in Article 14 of the LRTAP 

2 POPs Protocol. 

3 ‘‘(6) HCH.—The term ‘HCH’ means 

4 hexachlorocyclohexane, including lindane. 

5 ‘‘(7) LRTAP CONVENTION.—The term 

6 ‘LRTAP Convention’ means the Convention on 

7 Long-Range Transboundary Air Pollution, done at 

8 Geneva on November 13, 1979 (TIAS 10541). 

9 ‘‘(8) LRTAP POPS CHEMICAL SUBSTANCE OR

10 MIXTURE.—The term ‘LRTAP POPs chemical sub11 stance or mixture’ means one of the following chem12 ical substances or mixtures: 

13 ‘‘(A) Aldrin. 

14 ‘‘(B) Chlordane. 

15 ‘‘(C) Chlordecone. 

16 ‘‘(D) Dichlorodiphenyltrichloroethane 

17 (DDT). 

18 ‘‘(E) Dieldrin. 

19 ‘‘(F) Endrin. 

20 ‘‘(G) HCH. 

21 ‘‘(H) Heptachlor. 

22 ‘‘(I) Hexachlorobenzene. 

23 ‘‘(J) Hexabromobiphenyl. 

24 ‘‘(K) Mirex. 

25 ‘‘(L) Polychlorinated biphenyls (PCBs). 
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1 ‘‘(M) Toxaphene. 

2 ‘‘(N) Any chemical substance or mixture 

3 that is listed on Annex I or Annex II of the 

4 LRTAP POPs Protocol. 

5 ‘‘(9) LRTAP POPS LISTING DECISION.—The 

6 term ‘LRTAP POPs listing decision’ means a deci7 sion by the parties to the LRTAP POPs Protocol to 

8 approve an amendment to list a chemical substance 

9 or mixture in Annex I or II to the LRTAP POPs 

10 Protocol. 

11 ‘‘(10) LRTAP POPS PROTOCOL.—The term 

12 ‘LRTAP POPs Protocol’ means the Protocol on Per13 sistent Organic Pollutants to the LRTAP Conven14 tion, done at Aarhus on June 24, 1998, and any 

15 subsequent amendment to which the United States 

16 consents to be bound. 

17 ‘‘(11) PCB.—The term ‘PCB’ means a poly18 chlorinated biphenyl. 

19 ‘‘(12) PIC CONVENTION.—The term ‘PIC Con20 vention’ means the Rotterdam Convention on the 

21 Prior Informed Consent Procedure for Certain Haz22 ardous Chemicals and Pesticides in International 

23 Trade, done at Rotterdam on September 10, 1998, 

24 and any subsequent amendment to which the United 

25 States consents to be bound . 
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1 ‘‘(13) POPS CHEMICAL SUBSTANCE OR MIX2 TURE.—The term ‘POPs chemical substance or mix3 ture’ means— 

4 ‘‘(A) aldrin; 

5 ‘‘(B) chlordane; 

6 ‘‘(C) dichlorodiphenyltrichloroethane 

7 (DDT); 

8 ‘‘(D) dieldrin; 

9 ‘‘(E) endrin; 

10 ‘‘(F) heptachlor; 

11 ‘‘(G) hexachlorobenzene; 

12 ‘‘(H) mirex; 

13 ‘‘(I) PCBs; 

14 ‘‘(J) toxaphene; and 

15 ‘‘(K) any other chemical substance or mix16 ture that is listed in Annex A or B to the POPs 

17 Convention. 

18 ‘‘(14) POPS CONVENTION.—The term ‘POPs 

19 Convention’ means the Stockholm Convention on 

20 Persistent Organic Pollutants, done at Stockholm on 

21 May 22, 2001, and any subsequent amendment to 

22 which the United States consents to be bound. 

23 ‘‘(15) POPS REVIEW COMMITTEE.—The term 

24 ‘POPs Review Committee’ means the Persistent Or25 ganic Pollutants Review Committee established 
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1 under paragraph 6 of Article 19 of the POPs Con2 vention. 

3 ‘‘SEC. 502. IMPLEMENTATION OF POPS CONVENTION AND 

4 LRTAP POPS PROTOCOL. 

5 ‘‘(a) PROHIBITION ON SPECIFIED POPS CHEMICAL

6 SUBSTANCES AND MIXTURES AND LRTAP POPS CHEM7 ICAL SUBSTANCES AND MIXTURES.—Subject to sub8 sections (c), (d), and (i) and the relevant provisions of the 

9 POPs Convention and the LRTAP POPs Protocol, not10 withstanding any other provision of law, a person shall 

11 not manufacture, process, distribute in commerce for ex12 port, use, or dispose of any of the following: 

13 ‘‘(1) A POPs chemical substance or mixture 

14 specified in any of subparagraphs (A) through (H) 

15 and (J) of section 501(13). 

16 ‘‘(2) A LRTAP POPs chemical substance or 

17 mixture specified in any of subparagraphs (A) 

18 through (K) and (M) of section 501(8). 

19 ‘‘(b) PROHIBITION ON OTHER POPS CHEMICAL SUB20 STANCES AND MIXTURES AND LRTAP POPS CHEMICAL

21 SUBSTANCES AND MIXTURES.—Subject to subsections 

22 (c), (d), and (i), notwithstanding any other provision of 

23 law, a person shall not manufacture, process, distribute 

24 in commerce for export, use, or dispose of a POPs chem25 ical substance or mixture described in section 501(13)(K), 
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1 or a LRTAP POPs chemical substance or mixture de2 scribed in 501(8)(N), in a manner that is inconsistent 

3 with regulations promulgated under subsection (h). 

4 ‘‘(c) EXEMPTIONS UNDER POPS CONVENTION.— 

5 ‘‘(1) IN GENERAL.—The prohibitions specified 

6 in subsection (b) shall not apply to any manufacture, 

7 processing, distribution in commerce for export, use, 

8 or disposal of a POPs chemical substance or mixture 

9 that the Administrator (in consultation with the Sec10 retary of State) determines, through final regula11 tions promulgated under subsection (h)— 

12 ‘‘(A) is consistent with— 

13 ‘‘(i) a production or use specific ex14 emption applicable to the United States 

15 under Annex A or B to the POPs Conven16 tion; or 

17 ‘‘(ii) an acceptable purpose applicable 

18 to the United States under Annex B to the 

19 POPs Convention; and 

20 ‘‘(B) would, as a result, not prevent the 

21 United States from complying with the obliga22 tions of the United States under the POPs 

23 Convention. 

24 ‘‘(2) UNINTENTIONAL TRACE CONTAMI25 NANTS.—To the extent consistent with the POPs 
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1 Convention, the prohibitions specified in subsections 

2 (a) and (b) shall not apply to any quantity of a 

3 POPs chemical substance or mixture that occurs as 

4 an unintentional trace contaminant in a product or 

5 article. 

6 ‘‘(3) RESEARCH.—To the extent consistent with 

7 the POPs Convention, the prohibitions specified in 

8 subsections (a) and (b) shall not apply to any quan9 tity of a POPs chemical substance or mixture that 

10 is used for laboratory scale research or as a ref11 erence standard. 

12 ‘‘(4) CONSTITUENT OF ARTICLE IN USE BE13 FORE PROHIBITION APPLIED.—To the extent con14 sistent with the POPs Convention, the prohibitions 

15 specified in subsections (a) and (b) shall not apply 

16 to any quantity of a POPs chemical substance or 

17 mixture that occurs as a constituent of an article, 

18 if— 

19 ‘‘(A) the article is manufactured or in use 

20 on or before the date of entry into force of the 

21 obligation applicable to the POPs chemical sub22 stance or mixture; and 

23 ‘‘(B) the United States has met any appli24 cable requirement of the POPs Convention to 
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1 notify the Secretariat of the POPs Convention 

2 concerning the article. 

3 ‘‘(5) CLOSED-SYSTEM SITE-LIMITED INTER4 MEDIATE.— 

5 ‘‘(A) EXEMPTION.— 

6 ‘‘(i) IN GENERAL.—Subject to clause 

7 (ii), to the extent consistent with the POPs 

8 Convention, the prohibitions specified in 

9 subsections (a) and (b) shall not apply to 

10 any quantity of a POPs chemical sub11 stance or mixture that is— 

12 ‘‘(I) manufactured and used as a 

13 closed-system site-limited inter14 mediate; and 

15 ‘‘(II) chemically transformed in 

16 the manufacture of other chemicals 

17 that do not exhibit the characteristics 

18 of persistent organic pollutants (tak19 ing into consideration the criteria in 

20 paragraph 1 of Annex D of the POPs 

21 Convention). 

22 ‘‘(ii) CONDITIONS.—Clause (i) applies 

23 if, before the commencement of the manu24 facture or use of the POPs chemical sub25 stance or mixture, and before the com-
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1 mencement of each 10-year period there2 after— 

3 ‘‘(I) any person that desires to 

4 invoke the exemption provides to the 

5 Administrator information con6 cerning— 

7 ‘‘(aa) the annual total quan8 tity of the POPs chemical sub9 stance or mixture anticipated to 

10 be manufactured or used or a 

11 reasonable estimate of the quan12 tity; and 

13 ‘‘(bb) the nature of the 

14 closed system site-limited proc15 ess, including the quantity of any 

16 nontransformed and uninten17 tional trace contamination by the 

18 POPs chemical substance or mix19 ture that remains in the final 

20 product; and 

21 ‘‘(II) notwithstanding any other 

22 provision of law, the Administrator— 

23 ‘‘(aa) determines, in con24 sultation with the Secretary of 

25 State, that the information pro-
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1 vided under subclause (I) is com2 plete and sufficient; and 

3 ‘‘(bb) transmits the informa4 tion to the Secretariat of the 

5 POPs Convention. 

6 ‘‘(B) TERMINATION OF EXEMPTION.—If, 

7 at the termination of any 10-year exemption pe8 riod under subparagraph (A), a particular 

9 closed-system site-limited intermediate exemp10 tion is no longer authorized for the United 

11 States under the POPs Convention, it shall be 

12 unlawful for any person to continue to manu13 facture or use any such POPs chemical sub14 stance or mixture as a closed-system site-lim15 ited intermediate. 

16 ‘‘(6) DISTRIBUTION IN COMMERCE FOR EXPORT

17 IF PRODUCTION OR USE SPECIFIC EXEMPTION OR

18 ACCEPTABLE PURPOSE IS IN EFFECT.— 

19 ‘‘(A) IN GENERAL.—To the extent con20 sistent with the POPs Convention, the prohibi21 tions specified in subsections (a) and (b) shall 

22 not apply to any distribution in commerce for 

23 export of any POPs chemical substance or mix24 ture for which a production or use specific ex25 emption under Annex A to the POPs Conven-
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1 tion applicable to the United States is in effect, 

2 or for which a production or use specific exemp3 tion or acceptable purpose under Annex B to 

4 the POPs Convention applicable to the United 

5 States is in effect, unless the POPs chemical 

6 substance or mixture does not comply with an 

7 export condition described in— 

8 ‘‘(i) subparagraph (B), as determined 

9 by the Administrator in consultation with 

10 the heads of other interested Federal agen11 cies; or 

12 ‘‘(ii) subparagraph (C) or (D), as de13 termined by the Administrator in consulta14 tion with the heads of other interested 

15 Federal agencies, the Secretary of State, 

16 and the United States Trade Representa17 tive. 

18 ‘‘(B) EXPORT FOR ENVIRONMENTALLY

19 SOUND DISPOSAL.—An export condition re20 ferred to in subparagraph (A) is that the POPs 

21 chemical substance or mixture is exported for 

22 the purpose of environmentally sound disposal 

23 in accordance with paragraph 1(d) of Article 6 

24 of the POPs Convention. 
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1 ‘‘(C) EXPORT TO PARTY WITH PERMISSION

2 TO USE.—An export condition referred to in 

3 subparagraph (A) is that the POPs chemical 

4 substance or mixture is exported to a party to 

5 the POPs Convention that is permitted to use 

6 the POPs chemical substance or mixture under 

7 Annex A or B to the POPs Convention. 

8 ‘‘(D) EXPORT TO NONPARTY THAT HAS

9 PROVIDED NONPARTY CERTIFICATION.— 

10 ‘‘(i) IN GENERAL.—An export condi11 tion referred to in subparagraph (A) is 

12 that the POPs chemical substance or mix13 ture is exported to an importing foreign 

14 state that— 

15 ‘‘(I) is not a party to the POPs 

16 Convention with respect to the POPs 

17 chemical substance or mixture; and 

18 ‘‘(II) has provided an annual cer19 tification to the Administrator. 

20 ‘‘(ii) COMMITMENTS BY IMPORTING

21 NONPARTY.—Consistent with the POPs 

22 Convention, an annual nonparty certifi23 cation under clause (i) shall specify the in24 tended use of the POPs chemical substance 

25 or mixture and state that, with respect to 
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1 the POPs chemical substance or mixture, 

2 the importing nonparty is committed to— 

3 ‘‘(I) protecting human health and 

4 the environment by taking necessary 

5 measures to minimize or prevent re6 leases; 

7 ‘‘(II) complying with paragraph 

8 1(d) of Article 6 of the POPs Conven9 tion; and 

10 ‘‘(III) complying, to the extent 

11 appropriate, with paragraph 2 of Part 

12 II of Annex B to the POPs Conven13 tion. 

14 ‘‘(iii) SUPPORTING DOCUMENTA15 TION.—Each nonparty certification shall 

16 include any appropriate supporting docu17 mentation, such as legislation, regulatory 

18 instruments, and administrative or policy 

19 guidelines. 

20 ‘‘(iv) SUBMISSION TO SECRETARIAT

21 OF POPS CONVENTION.—Not later than 60 

22 days after the date of receipt of a complete 

23 nonparty certification, the Administrator 

24 shall submit a copy of the nonparty certifi-
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1 cation to the Secretariat of the POPs Con2 vention. 

3 ‘‘(7) EXPORT FOR ENVIRONMENTALLY SOUND

4 DISPOSAL IF NO PRODUCTION OR USE SPECIFIC EX5 EMPTION IN EFFECT.—To the extent consistent with 

6 the POPs Convention, the prohibitions specified in 

7 subsections (a) and (b) shall not apply to any dis8 tribution in commerce for export for the purpose of 

9 environmentally sound disposal, in accordance with 

10 paragraph 1(d) of Article 6 of the POPs Convention, 

11 of a POPs chemical substance or mixture listed in 

12 Annex A to the POPs Convention for which no pro13 duction or use specific exemption is in effect for any 

14 party to the POPs Convention. 

15 ‘‘(8) IMPORTS FOR SPECIFIED PURPOSES.—To 

16 the extent consistent with the POPs Convention, the 

17 prohibitions specified in subsections (a) and (b) shall 

18 not apply to a POPs chemical substance or mixture 

19 that is imported for the purpose of environmentally 

20 sound disposal in accordance with paragraph 1(d) of 

21 Article 6 of the POPs Convention. 

22 ‘‘(9) WASTE.—To the extent consistent with the 

23 POPs Convention, the prohibitions specified in sub24 sections (a) and (b) shall not apply to any quantity 

25 of a POPs chemical substance or mixture, including 
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1 any article that consists of, contains, or is contami2 nated with a POPs chemical substance or mixture, 

3 that has become waste and that is managed in a 

4 manner consistent with Article 6 of the POPs Con5 vention. 

6 ‘‘(10) NO EFFECT ON OTHER PROHIBITIONS.— 

7 Nothing in this subsection authorizes any manufac8 ture, processing, distribution in commerce for ex9 port, use, or disposal of a POPs chemical substance 

10 or mixture that is prohibited under any other provi11 sion of law. 

12 ‘‘(d) EXEMPTIONS UNDER LRTAP POPS PRO13 TOCOL.— 

14 ‘‘(1) IN GENERAL.—To the extent consistent 

15 with the LRTAP POPs Protocol, the prohibitions on 

16 manufacture, processing, distribution in commerce 

17 for export, or use specified in subsections (a) and 

18 (b) shall not apply to— 

19 ‘‘(A) any manufacture, processing, dis20 tribution in commerce for export, or use of a 

21 LRTAP POPs chemical substance or mixture 

22 that the Administrator determines (in consulta23 tion with the Secretary of State), through final 

24 regulations promulgated in accordance with 

25 subsection (h)— 
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1 ‘‘(i) is consistent with an allowed re2 stricted use or condition applicable to the 

3 United States under Annex I or II to the 

4 LRTAP POPs Protocol; and 

5 ‘‘(ii) would, as a result, not prevent 

6 the United States from complying with the 

7 obligations of the United States under the 

8 LRTAP POPs Protocol; 

9 ‘‘(B) any quantity of a LRTAP POPs 

10 chemical substance or mixture that is used for 

11 laboratory scale research or as a reference 

12 standard; 

13 ‘‘(C) any quantity of a LRTAP POPs 

14 chemical substance or mixture that occurs as a 

15 contaminant in a product; 

16 ‘‘(D) any quantity of a LRTAP POPs 

17 chemical substance or mixture that is in an ar18 ticle manufactured or in use on or before— 

19 ‘‘(i) the implementation date of any 

20 applicable obligation of the LRTAP POPs 

21 Protocol; or 

22 ‘‘(ii) in the case of any LRTAP POPs 

23 chemical substance or mixture added to 

24 any applicable Annex after the implemen25 tation date of the applicable obligation of 
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1 the LRTAP POPs Protocol, the implemen2 tation date in the amendment to the 

3 LRTAP POPs Protocol that makes the ad4 dition; 

5 ‘‘(E) any quantity of a LRTAP POPs 

6 chemical substance or mixture that occurs as a 

7 site-limited chemical intermediate in the manu8 facture of 1 or more different substances and 

9 that is subsequently chemically transformed; 

10 ‘‘(F) the production or use of any quantity 

11 of HCH that complies with the restrictions and 

12 conditions specified for HCH in Annex II to the 

13 LRTAP POPs Protocol; 

14 ‘‘(G) any quantity of a LRTAP POPs 

15 chemical substance or mixture that has become 

16 waste and that is disposed of in an environ17 mentally sound manner in accordance with 

18 paragraph 1(b) of Article 3 of the LRTAP 

19 POPs Protocol; 

20 ‘‘(H) any distribution in commerce for ex21 port of a LRTAP POPs chemical substance or 

22 mixture if the distribution in commerce for ex23 port is conducted in an environmentally sound 

24 manner; or 
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1 ‘‘(I) any import of a LRTAP POPs chem2 ical substance or mixture if the import is con3 ducted in an environmentally sound manner. 

4 ‘‘(2) EXEMPTIONS BY ADMINISTRATOR.—The 

5 Administrator, in consultation with the Secretary of 

6 State, may grant an exemption from the prohibitions 

7 applicable to LRTAP POPs chemical substances or 

8 mixtures specified in subsection (a) or (b) that the 

9 Administrator determines are consistent with the ex10 emptions authorized under paragraph 2 of Article 4 

11 of the LRTAP POPs Protocol. 

12 ‘‘(3) EXEMPTIONS BY PETITION.— 

13 ‘‘(A) PETITIONS.—A person may petition 

14 the Administrator for an exemption from a pro15 hibition applicable to LRTAP POPs chemical 

16 substances or mixtures specified in subsection 

17 (a) or (b) that is consistent with the exemptions 

18 authorized under paragraph 2 of Article 4 of 

19 the LRTAP POPs Protocol. 

20 ‘‘(B) REQUIRED ELEMENTS OF PETI21 TIONS.—Any petition under subparagraph (A) 

22 shall, at a minimum, contain— 

23 ‘‘(i) information relating to each find24 ing, if any, that the Administrator is re25 quired to make under the LRTAP POPs 
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1 Protocol before granting the exemption; 

2 and 

3 ‘‘(ii) any additional information, if 

4 any, that the Administrator is required to 

5 provide to the Secretariat of the LRTAP 

6 POPs Protocol concerning a granted ex7 emption. 

8 ‘‘(C) GRANT OR DENIAL OF PETITION.— 

9 The Administrator, in consultation with the 

10 Secretary of State, shall— 

11 ‘‘(i) if the petition is authorized for 

12 the United States under, and is otherwise 

13 consistent with, the LRTAP POPs Pro14 tocol, grant the petition with such condi15 tions or limitations as are necessary to 

16 meet any requirement of the LRTAP 

17 POPs Protocol or any other provision of 

18 law; or 

19 ‘‘(ii) deny the petition. 

20 ‘‘(4) PROVISION OF INFORMATION TO SECRE21 TARIAT.—Notwithstanding any other provision of 

22 law, if the Administrator grants an exemption under 

23 this subsection, the Administrator, not later than 90 

24 days after the date on which the exemption is grant25 ed, shall provide the Secretariat of the LRTAP 
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1 POPs Protocol with the information specified in 

2 paragraph 3 of Article 4 of the LRTAP POPs Pro3 tocol. 

4 ‘‘(5) DISALLOWANCE OF EXEMPTION BY LRTAP

5 POPS PROTOCOL.— 

6 ‘‘(A) IN GENERAL.—If, after an exemption 

7 has been granted under this subsection, the ex8 emption is no longer authorized by the United 

9 States under the LRTAP POPs Protocol, it 

10 shall be unlawful for any person to manufac11 ture, process, distribute in commerce for export, 

12 or use a LRTAP POPs chemical substance or 

13 mixture in the manner authorized by the ex14 emption. 

15 ‘‘(B) PUBLICATION OF NOTICE IN FED16 ERAL REGISTER.—The Administrator shall pub17 lish in the Federal Register a notice announcing 

18 the disallowance of any exemption under sub19 paragraph (A). 

20 ‘‘(6) NO EFFECT ON OTHER PROHIBITIONS.— 

21 Nothing in this subsection authorizes any manufac22 ture, processing, distribution in commerce for ex23 port, use, or disposal of a LRTAP POPs chemical 

24 substance or mixture that is prohibited under any 

25 other provision of law. 
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1 ‘‘(e) NOTICE AFTER DECISION THAT SCREENING

2 CRITERIA ARE MET UNDER POPS CONVENTION OR

3 AFTER RISK PROFILE SUBMITTED UNDER LRTAP POPS

4 PROTOCOL.— 

5 ‘‘(1) APPLICABILITY.—This subsection applies 

6 if— 

7 ‘‘(A) the POPs Review Committee or Con8 ference decides— 

9 ‘‘(i) under paragraph 4(a) of Article 8 

10 of the POPs Convention, that a proposal 

11 for listing a chemical substance or mixture 

12 in Annex A, B, or C to the POPs Conven13 tion fulfills the screening criteria specified 

14 in Annex D to the POPs Convention; or 

15 ‘‘(ii) under paragraph 5 of Article 8 

16 of the POPs Convention, that such a pro17 posal shall proceed; or 

18 ‘‘(B) if a party to the LRTAP POPs Pro19 tocol submits to the Executive Body a risk pro20 file in support of a proposal to list a chemical 

21 substance or mixture in Annex I, II, or III to 

22 the LRTAP POPs Protocol. 

23 ‘‘(2) REQUIREMENT.—Not later than 45 days 

24 after the date of the POPs Review Committee or 

25 Conference decision on a proposal or the submission 
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1 of a risk profile in support of a proposal under the 

2 LRTAP POPs Protocol described in subparagraph 

3 (A) or (B) of paragraph (1), respectively, the Ad4 ministrator shall— 

5 ‘‘(A) publish in the Federal Register a no6 tice of the proposal; and 

7 ‘‘(B) provide opportunity for comment on 

8 the proposal. 

9 ‘‘(3) REQUIRED ELEMENTS OF NOTICE.—A no10 tice under paragraph (2) shall— 

11 ‘‘(A) identify the chemical substance or 

12 mixture that is the subject of the proposal; 

13 ‘‘(B) include a summary of the process 

14 under the POPs Convention or the LRTAP 

15 POPs Protocol for submission of a proposal and 

16 listing of a chemical substance or mixture that 

17 is the subject of a proposal (including criteria 

18 applied in that process); 

19 ‘‘(C) include a summary of the POPs Re20 view Committee or Conference decision and the 

21 basis for the decision; 

22 ‘‘(D) request information relevant to and 

23 comment on— 

24 ‘‘(i) in the case of a chemical sub25 stance or mixture proposed for listing in 
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1 an Annex to the POPs Convention, the in2 formation requirements and screening cri3 teria elements covered under Annex D to 

4 the POPs Convention; and 

5 ‘‘(ii) in the case of a chemical sub6 stance or mixture proposed for listing in 

7 an Annex to the LRTAP POPs Protocol, 

8 the information referenced in paragraph 

9 6(a) of Article 14 of the LRTAP POPs 

10 Protocol; 

11 ‘‘(E) request the information required 

12 under paragraph (4); 

13 ‘‘(F) include any other information that 

14 the Administrator considers to be relevant to 

15 the proposal; and 

16 ‘‘(G) request information and comment 

17 on— 

18 ‘‘(i) information relevant to the risk 

19 profile of the POPs Review Committee cov20 ered under Annex E to the POPs Conven21 tion; and 

22 ‘‘(ii) information relevant to any tech23 nical review conducted under paragraph 2 

24 of Executive Body decision 1998/2. 

25 ‘‘(4) PROVISION OF INFORMATION.— 
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1 ‘‘(A) PROVISION OF INFORMATION UNDER

2 POPS CONVENTION.—Not later than 60 days 

3 after the date of publication of the notice under 

4 paragraph (2) regarding a proposal to list a 

5 chemical substance or mixture on an Annex of 

6 the POPs Convention, any person that manu7 factures, processes, distributes in commerce for 

8 export, or disposes of a chemical substance or 

9 mixture that is the subject of the notice shall 

10 provide (and any other interested person may 

11 provide) to the Administrator information (to 

12 the extent the information is known or readily 

13 obtainable to the person) on— 

14 ‘‘(i) the annual quantity of the chem15 ical substance or mixture that the person 

16 manufactures and the locations of the 

17 manufacture; 

18 ‘‘(ii) the uses of the chemical sub19 stance or mixture; 

20 ‘‘(iii) the approximate annual quantity 

21 of the chemical substance or mixture that 

22 the person releases into the environment; 

23 and 

24 ‘‘(iv) other information or monitoring 

25 data relating to the chemical substance or 
27 

•HR 4800 IH 

1 mixture that is consistent with the infor2 mation specified in paragraph 1 of Annex 

3 D, and subsections (b) through (e) of 

4 Annex E, to the POPs Convention. 

5 ‘‘(B) PROVISION OF INFORMATION UNDER

6 LRTAP POPS PROTOCOL.—Not later than 60 

7 days after the date of publication of the notice 

8 under paragraph (2) regarding a proposal to 

9 list a chemical substance or mixture on an 

10 Annex of the LRTAP POPs Protocol, any per11 son that manufactures, processes, distributes in 

12 commerce for export, or disposes of a chemical 

13 substance or mixture that is the subject of the 

14 notice shall provide (and any other interested 

15 person may provide) to the Administrator infor16 mation (to the extent the information is known 

17 or readily obtainable to the person) on— 

18 ‘‘(i) the potential for long-range 

19 transboundary atmospheric transport of 

20 the chemical substance or mixture; 

21 ‘‘(ii) the toxicity of the chemical sub22 stance or mixture; 

23 ‘‘(iii) the persistence of the chemical 

24 substance or mixture, including biotic deg-
28 

•HR 4800 IH 

1 radation processes and rates and degrada2 tion products; 

3 ‘‘(iv) the bioaccumulation of the chem4 ical substance or mixture, including bio5 availability; 

6 ‘‘(v) the annual quantity of the chem7 ical substance or mixture that the person 

8 manufactures and the locations of the 

9 manufacture; 

10 ‘‘(vi) the uses of the chemical sub11 stance or mixture; 

12 ‘‘(vii) the approximate annual quan13 tity of the chemical substance or mixture 

14 that the person releases into the environ15 ment; 

16 ‘‘(viii) environmental monitoring data 

17 relating to the chemical substance or mix18 ture (in areas distant from sources); 

19 ‘‘(ix)(I) information on alternatives to 

20 the uses of the chemical substance or mix21 ture and the efficacy of each alternative; 

22 and 

23 ‘‘(II) information on any known ad24 verse environmental or human health ef25 fects associated with each alternative; 
29 

•HR 4800 IH 

1 ‘‘(x) information on— 

2 ‘‘(I) process changes, control 

3 technologies, operating practices, and 

4 other pollution prevention techniques 

5 that can be used to reduce the emis6 sions of the chemical substance or 

7 mixture; and 

8 ‘‘(II) the applicability and effec9 tiveness of each technique described in 

10 subclause (I); and 

11 ‘‘(xi) information on the nonmonetary 

12 costs and benefits and the quantifiable 

13 costs and benefits associated with the use 

14 of each alternative described in clause (ix) 

15 or technique described in clause (x)(I). 

16 ‘‘(C) UPDATING OF INFORMATION.— 

17 ‘‘(i) VOLUNTARY UPDATES.—Any per18 son that submits information under sub19 paragraph (A) or (B) may voluntarily up20 date the information at any time. 

21 ‘‘(ii) REQUIRED UPDATES.—If the Ad22 ministrator determines, in consultation 

23 with the Secretary of State, that an update 

24 of information submitted under subpara25 graph (A) or (B) is necessary, the Admin-
30 

•HR 4800 IH 

1 istrator may, through a notice published in 

2 the Federal Register, require 1 or more 

3 persons that are required to submit the in4 formation to update the information. 

5 ‘‘(iii) NEW INFORMATION.—The Ad6 ministrator may require, by general order 

7 published in the Federal Register or other8 wise, any person that (after the date under 

9 subparagraphs (A) and (B) by which per10 sons are required to submit information) 

11 commences manufacturing, processing, dis12 tributing in commerce for export, or dis13 posing of a chemical substance or mixture 

14 subject to the requirements in subpara15 graph (A) or (B), to submit the informa16 tion required to be submitted under sub17 paragraph (A) or (B). 

18 ‘‘(f) NOTICE AFTER DECISION THAT GLOBAL AC19 TION WARRANTED UNDER POPS CONVENTION OR THAT

20 FURTHER CONSIDERATION OF CHEMICAL SUBSTANCE OR

21 MIXTURE WARRANTED UNDER LRTAP POPS PRO22 TOCOL.— 

23 ‘‘(1) APPLICABILITY.—This subsection applies 

24 if— 
31 

•HR 4800 IH 

1 ‘‘(A) the POPs Review Committee decides, 

2 under paragraph 7(a) of Article 8 of the POPs 

3 Convention, that global action is warranted with 

4 respect to the chemical substance or mixture 

5 that is the subject of the proposal, or the Con6 ference decides, under paragraph 8 of that Arti7 cle, that the proposal shall proceed; or 

8 ‘‘(B) the Executive Body determines pur9 suant to paragraph 2 of Executive Body Deci10 sion 1998/2 that further consideration of the 

11 chemical substance or mixture is warranted, 

12 and therefore requires 1 or more technical re13 views of the proposal. 

14 ‘‘(2) NOTICE.—Not later than 45 days after the 

15 date on which a decision or determination is made 

16 under paragraph (1), the Administrator shall— 

17 ‘‘(A) publish in the Federal Register a no18 tice of the decision or determination; and 

19 ‘‘(B) provide opportunity for comment on 

20 the decision or determination. 

21 ‘‘(3) REQUIRED ELEMENTS OF NOTICE.—A no22 tice under paragraph (1) shall— 

23 ‘‘(A) identify the chemical substance or 

24 mixture that is the subject of the proposal; 

25 ‘‘(B) include a summary of— 
32 

•HR 4800 IH 

1 ‘‘(i) the POPs Review Committee or 

2 Conference decision and the basis for the 

3 decision; or 

4 ‘‘(ii) the Executive Body determina5 tion and basis for the determination; 

6 ‘‘(C) request information and comment 

7 on— 

8 ‘‘(i) in the case of a chemical sub9 stance or mixture proposed for addition to 

10 an Annex of the POPs Convention— 

11 ‘‘(I) information on socio12 economic considerations covered under 

13 Annex F to the POPs Convention; 

14 and 

15 ‘‘(II) information on socio16 economic considerations covered under 

17 Annex F to the POPs Convention ap18 plicable to the range of possible prohi19 bitions described in subparagraph (E), 

20 including the impact of the chemical 

21 substance or mixture on minority and 

22 low-income populations; and 

23 ‘‘(ii) in the case of a chemical sub24 stance or mixture proposed for listing on 
33 

•HR 4800 IH 

1 an Annex to the LRTAP POPs Protocol, 

2 information on— 

3 ‘‘(I) any additional measures not 

4 described in the notice published 

5 under subparagraph (E) that may 

6 exist to reduce the risks of adverse ef7 fects on human health or the environ8 ment that result from the long-range 

9 transboundary atmospheric transport 

10 of the chemical substance or mixture; 

11 and 

12 ‘‘(II) the feasibility of any of the 

13 additional measures or the measures 

14 outlined in the notice published pursu15 ant to subparagraph (E); 

16 ‘‘(D) request information on any current 

17 or anticipated production or use of the chemical 

18 substance or mixture that is the subject of the 

19 proposal for which the United States may wish 

20 to— 

21 ‘‘(i) seek an exemption or acceptable 

22 purpose under the POPs Convention; or 

23 ‘‘(ii) allow a restricted use or condi24 tion under the LRTAP POPs Protocol; 
34 

•HR 4800 IH 

1 ‘‘(E) describe a broad range of possible 

2 prohibitions or restrictions that the United 

3 States could impose on the manufacture, proc4 essing, distribution in commerce for export, use, 

5 or disposal of the chemical substance or mix6 ture to address any risks that the chemical sub7 stance or mixture may pose; and 

8 ‘‘(F) specify what changes, if any, to the 

9 regulatory requirements and risk management 

10 measures applicable to the chemical substance 

11 or mixture in the United States have been made 

12 since the date of publication of the notice under 

13 subsection (e). 

14 ‘‘(4) PROVISION OF INFORMATION.—Not later 

15 than 60 days after the date of publication of the no16 tice under paragraph (2), any person that manufac17 tures, processes, distributes in commerce for export, 

18 or disposes of a chemical substance or mixture that 

19 is the subject of the notice shall provide (and any 

20 other interested party may provide) to the Adminis21 trator— 

22 ‘‘(A) consistent with the information needs 

23 described in Annex F to the POPs Convention, 

24 any information that the person believes is rel25 evant to— 
35 

•HR 4800 IH 

1 ‘‘(i) a risk management evaluation 

2 carried out under paragraph 7 of Article 8 

3 of the POPs Convention; or 

4 ‘‘(ii) a decision by the Conference 

5 under paragraph 9 of Article 8 of the 

6 POPs Convention; 

7 ‘‘(B) consistent with the information needs 

8 for the technical review described in paragraph 

9 2 of Executive Body Decision 1998/2, any in10 formation the person believes is relevant to the 

11 technical review or to an Executive Body deci12 sion made under paragraph 3 of Article 14 of 

13 the LRTAP POPs Protocol; and 

14 ‘‘(C) information on any article in use that 

15 consists of, contains, or is contaminated with 

16 the chemical substance or mixture. 

17 ‘‘(g) NOTICE AFTER RECOMMENDATION THAT CON18 FERENCE CONSIDER LISTING OR AFTER COMPLETION OF

19 TECHNICAL REVIEW.— 

20 ‘‘(1) APPLICABILITY.—This subsection ap21 plies— 

22 ‘‘(A) if the POPs Review Committee rec23 ommends, under paragraph 9 of Article 8 of the 

24 POPs Convention, that the Conference consider 

25 making a Conference listing decision with re-
36 

•HR 4800 IH 

1 spect to the chemical substance or mixture in 

2 accordance with the proposal; or 

3 ‘‘(B) after completion of a technical review 

4 of a proposal to list a chemical substance or 

5 mixture on an Annex of the LRTAP POPs Pro6 tocol. 

7 ‘‘(2) NOTICE.—Not later than 45 days after the 

8 date on which a recommendation under paragraph 

9 (1) is made or a technical review described in para10 graph (1) is completed, the Administrator shall— 

11 ‘‘(A) publish in the Federal Register a no12 tice of the recommendation or completion of the 

13 technical review; and 

14 ‘‘(B) provide opportunity for comment on 

15 the recommendation or the technical review. 

16 ‘‘(3) REQUIRED ELEMENTS.—A notice under 

17 paragraph (2) shall— 

18 ‘‘(A) include a summary of the POPs Re19 view Committee recommendation and the basis 

20 for the recommendation or a summary of the 

21 technical review; and 

22 ‘‘(B) summarize any control measures for 

23 the chemical substance or mixture that are 

24 identified by the POPs Review Committee or in 

25 the technical review. 
37 

•HR 4800 IH 

1 ‘‘(h) CHEMICAL SUBSTANCE OR MIXTURE SUBSE2 QUENTLY LISTED UNDER POPS CONVENTION OR

3 LRTAP POPS PROTOCOL.— 

4 ‘‘(1) REGULATIONS.—If the Conference decides 

5 to list a chemical substance or mixture in Annex A 

6 or B to the POPs Convention, or if the parties to 

7 the LRTAP POPs Protocol decide to list a chemical 

8 substance or mixture in Annex I or II to the 

9 LRTAP POPs Protocol, the Administrator shall— 

10 ‘‘(A) not more than 1 year after the date 

11 of such decision, publish in the Federal Reg12 ister— 

13 ‘‘(i) a proposed rule, to prohibit or re14 strict the domestic manufacture, proc15 essing, distribution in commerce for ex16 port, use, or disposal of the additional 

17 chemical substance or mixture, that pro18 tects against significant adverse human 

19 health and environmental effects from such 

20 domestic manufacture, processing, dis21 tribution in commerce for export, use, or 

22 disposal associated with the chemical sub23 stance or mixture (including, as the Ad24 ministrator considers appropriate, effects 

25 from long-range environmental transport), 
38 

•HR 4800 IH 

1 which at a minimum implements the con2 trol measures specified for the chemical 

3 substance or mixture in Annex A and B of 

4 the POPs Convention and Annex I and II 

5 to the LRTAP POPs Protocol; 

6 ‘‘(ii) a statement that— 

7 ‘‘(I) a proposed rule has been 

8 issued under other Federal law to pro9 hibit or restrict the domestic manu10 facture, processing, distribution in 

11 commerce for export, use, or disposal 

12 of the additional chemical substance 

13 or mixture, which at a minimum im14 plements the control measures speci15 fied for the chemical substance or 

16 mixture in Annex A and B of the 

17 POPs Convention and Annex I and II 

18 to the LRTAP POPs Protocol; and 

19 ‘‘(II) a final rule pursuant to 

20 that proposed rule will be issued not 

21 more than 2 years after the date of 

22 the publication of the proposed rule; 

23 ‘‘(iii) a statement that additional reg24 ulation is not necessary because the addi25 tional chemical substance or mixture is al-
39 

•HR 4800 IH 

1 ready regulated in the United States in a 

2 manner that at a minimum implements the 

3 control measures specified for the chemical 

4 substance or mixture in Annex A and B of 

5 the POPs Convention and Annex I and II 

6 to the LRTAP POPs Protocol; or 

7 ‘‘(iv) a proposed decision not to pro8 hibit or restrict the domestic manufacture, 

9 processing, distribution in commerce for 

10 export, use, or disposal of the additional 

11 chemical substance or mixture because the 

12 chemical substance or mixture is not likely 

13 to lead to significant adverse human health 

14 or environmental effects from such domes15 tic manufacture, processing, distribution in 

16 commerce for export, use, or disposal (in17 cluding, as the Administrator considers ap18 propriate, effects from long-range environ19 mental transport); and 

20 ‘‘(B) not more than 2 years after the date 

21 of a proposed rule or decision under subpara22 graph (A), publish in the Federal Register— 

23 ‘‘(i) a final rule, to prohibit or restrict 

24 the domestic manufacture, processing, dis25 tribution in commerce for export, use, or 
40 

•HR 4800 IH 

1 disposal of the additional chemical sub2 stance or mixture, that protects against 

3 significant adverse human health and envi4 ronmental effects from such domestic man5 ufacture, processing, distribution in com6 merce for export, use, or disposal associ7 ated with the chemical substance or mix8 ture (including, as the Administrator con9 siders appropriate, effects from long-range 

10 environmental transport), which at a min11 imum implements the control measures 

12 specified for the chemical substance or 

13 mixture in Annex A and B of the POPs 

14 Convention and Annex I and II to the 

15 LRTAP POPs Protocol; 

16 ‘‘(ii) a final rule, issued under other 

17 Federal law, to prohibit or restrict the do18 mestic manufacture, processing, distribu19 tion in commerce for export, use, or dis20 posal of the additional chemical substance 

21 or mixture, which at a minimum imple22 ments the control measures specified for 

23 the chemical substance or mixture in 

24 Annex A and B of the POPs Convention 
41 

•HR 4800 IH 

1 and Annex I and II to the LRTAP POPs 

2 Protocol; or 

3 ‘‘(iii) a final decision not to prohibit 

4 or restrict the domestic manufacture, proc5 essing, distribution in commerce for ex6 port, use, or disposal of the additional 

7 chemical substance or mixture because the 

8 chemical substance or mixture is not likely 

9 to lead to significant adverse human health 

10 or environmental effects from such domes11 tic manufacture, processing, distribution in 

12 commerce for export, use, or disposal (in13 cluding, as the Administrator considers ap14 propriate, effects from long-range environ15 mental transport). 

16 A decision made under subparagraph (B)(ii) shall 

17 not prohibit the Administrator from issuing at a 

18 later date a final rule described in subparagraph 

19 (B)(i) with respect to the chemical substance or mix20 ture. A final rule described in subparagraph (B)(i) 

21 or (ii) shall not take effect unless the United States 

22 has consented to be bound by the listing of the 

23 chemical substance or mixture with respect to which 

24 the final rule applies. 

25 ‘‘(2) JUDICIAL REVIEW.— 
42 

•HR 4800 IH 

1 ‘‘(A) IN GENERAL.—Not later than 60 

2 days after the date of publication of a final rule 

3 or decision under paragraph (1)(B), any person 

4 may file a petition for judicial review of the rule 

5 or decision with— 

6 ‘‘(i) the United States Court of Ap7 peals for the District of Columbia; or 

8 ‘‘(ii) the United States court of ap9 peals for the circuit in which the person re10 sides or maintains a principal place of 

11 business. 

12 ‘‘(B) JURISDICTION.—The United States 

13 courts of appeals shall have exclusive jurisdic14 tion of any action to obtain judicial review 

15 (other than in an enforcement proceeding) of a 

16 rule or decision under this subsection if any 

17 United States district court would have had ju18 risdiction of the action but for this paragraph. 

19 ‘‘(C) COPIES.—The clerk of the court with 

20 which a petition is filed under this paragraph 

21 shall submit to the Administrator and the At22 torney General copies of the petition. 

23 ‘‘(D) RULEMAKING PROCEEDINGS.—With 

24 respect to an action to obtain judicial review 
43 

•HR 4800 IH 

1 under this paragraph, section 2112 of title 28, 

2 United States Code, shall apply to— 

3 ‘‘(i) the filing of the record of pro4 ceedings for a rulemaking on which the 

5 Administrator based the regulation; and 

6 ‘‘(ii) any transfer of proceedings be7 tween United States courts of appeals. 

8 ‘‘(E) STANDARD OF REVIEW.—Section 706 

9 of title 5, United States Code, shall apply to the 

10 review of a rule or decision under this para11 graph. 

12 ‘‘(F) FEES AND COSTS.—The decision of 

13 the court in an action commenced under this 

14 paragraph, or of the Supreme Court of the 

15 United States on review of such a decision, may 

16 include an award of costs relating to the action 

17 (including reasonable fees for attorneys and ex18 pert witnesses) if the court determines that 

19 such an award is appropriate. 

20 ‘‘(G) OTHER REMEDIES.—The remedies 

21 provided under this paragraph shall be in addi22 tion to and not in lieu of remedies provided 

23 under any other provision of law. 

24 ‘‘(3) SOLE PROCEDURE.— 
44 

•HR 4800 IH 

1 ‘‘(A) IN GENERAL.—No other rulemaking 

2 procedure under this Act shall apply to rules 

3 promulgated under this section. 

4 ‘‘(B) RULEMAKING.—Regulations promul5 gated by the Administrator under this section 

6 shall comply with section 553 of title 5, United 

7 States Code (without regard to any reference in 

8 that section to sections 556 and 557 of that 

9 title). 

10 ‘‘(i) HARMONIZATION OF POPS CONVENTION AND

11 LRTAP POPS PROTOCOL.— 

12 ‘‘(1) IN GENERAL.—If a chemical substance or 

13 mixture is both a POPs chemical substance or mix14 ture and a LRTAP POPs chemical substance or 

15 mixture, in the case of a conflict between a provision 

16 of this section applicable to a POPs chemical sub17 stance or mixture and a provision of this section ap18 plicable to a LRTAP POPs chemical substance or 

19 mixture, the more stringent provision shall apply, as 

20 determined by the Administrator in consultation 

21 with the Secretary of State. 

22 ‘‘(2) APPLICATION.—In the case of chemical 

23 substance or mixture described in paragraph (1), 

24 this section shall be applied in such a manner as to 

25 ensure that the United States is in compliance with 
45 

•HR 4800 IH 

1 the POPs Convention and the LRTAP POPs Pro2 tocol with respect to the chemical substance or mix3 ture. 

4 ‘‘(j) AUTHORITY TO ISSUE REGULATIONS.—The Ad5 ministrator may issue regulations as necessary to imple6 ment this section. 

7 ‘‘SEC. 503. NOTICE AND RECORD OF PROHIBITIONS, EXEMP8 TIONS, DISALLOWANCES, AND OTHER INFOR9 MATION. 

10 ‘‘(a) IN GENERAL.—The Administrator— 

11 ‘‘(1) shall publish in the Federal Register time12 ly notice concerning— 

13 ‘‘(A) the POPs chemical substances and 

14 mixtures, or the LRTAP POPs chemical sub15 stances and mixtures, subject to the prohibi16 tions specified in section 502; 

17 ‘‘(B) any exemptions from the prohibitions 

18 authorized under section 502, including the 

19 date on which the exemptions are no longer au20 thorized; 

21 ‘‘(C) in the case of a LRTAP POPs chem22 ical substance or mixture, any disallowances of 

23 exemptions under section 502(d)(5); and 

24 ‘‘(D) in the case of a POPs chemical sub25 stance or mixture, a list of any importing for-
46 

•HR 4800 IH 

1 eign states from which the Administrator has 

2 received a nonparty certification under section 

3 502(c)(6)(D); and 

4 ‘‘(2) may include in the notice any other infor5 mation that the Administrator determines to be nec6 essary to ensure adequate notice of the requirements 

7 of— 

8 ‘‘(A) this title; 

9 ‘‘(B) the POPs Convention; or 

10 ‘‘(C) the LRTAP POPs Protocol. 

11 ‘‘(b) UPDATING AND AVAILABILITY OF RECORD.— 

12 The Administrator shall— 

13 ‘‘(1) update the record as necessary; and 

14 ‘‘(2) make the record publicly available. 

15 ‘‘(c) DISCLOSURE OF DATA.—Any information pro16 vided to or otherwise obtained by the Administrator (or 

17 any representative of the Administrator) under this title 

18 shall be subject to section 14 of this Act. 

19 ‘‘SEC. 504. INTERNATIONAL CONVENTIONS AND COOPERA20 TION IN INTERNATIONAL EFFORTS. 

21 ‘‘In cooperation with the Secretary of State and the 

22 head of any other appropriate Federal agency, the Admin23 istrator shall— 

24 ‘‘(1) participate and cooperate in any inter25 national efforts to develop improved research and 
47 

•HR 4800 IH 

1 regulations on chemical substances and mixtures; 

2 and 

3 ‘‘(2) participate in technical cooperation and ca4 pacity building activities designed to support imple5 mentation of— 

6 ‘‘(A) the LRTAP POPs Protocol; 

7 ‘‘(B) the PIC Convention; and 

8 ‘‘(C) the POPs Convention. 

9 ‘‘SEC. 505. EXPORTS. 

10 ‘‘(a) REQUIREMENTS FOR EXPORTS.—In the case of 

11 a chemical substance or mixture identified by the Adminis12 trator as listed on Annex III of the PIC Convention in 

13 a notice issued under subsection (d)(3), any person that 

14 distributes in commerce the chemical substance or mixture 

15 for export shall comply with any export conditions or re16 strictions identified by the Administrator in the notice. 

17 ‘‘(b) PRE-EXPORT NOTICES.— 

18 ‘‘(1) IN GENERAL.— 

19 ‘‘(A) REQUIREMENT.—In the case of— 

20 ‘‘(i) a chemical substance or mixture 

21 that the Administrator determines under 

22 subsection (d)(1) to be banned or severely 

23 restricted; 
48 

•HR 4800 IH 

1 ‘‘(ii) a chemical substance or mixture 

2 identified by the Administrator in a notice 

3 issued under subsection (d)(3); or 

4 ‘‘(iii) a POPs chemical substance or 

5 mixture allowed to be exported under para6 graph (6) or (7) of section 502(c); 

7 the exporter of the chemical substance or mix8 ture shall provide to the Administrator notice of 

9 the intent of the exporter to export the chemical 

10 substance or mixture. 

11 ‘‘(B) TIMING OF NOTICE FOR BANNED OR

12 SEVERELY RESTRICTED CHEMICAL SUBSTANCES

13 OR MIXTURES.— 

14 ‘‘(i) FIRST EXPORT.—In the case of a 

15 first export that an exporter makes from 

16 the territory of the United States to each 

17 importing foreign state after the Adminis18 trator issues a notice under subsection 

19 (d)(1), the exporter shall provide the notice 

20 so that the Administrator receives the no21 tice not earlier than 30 nor later than 15 

22 calendar days before the date of export. 

23 ‘‘(ii) SUBSEQUENT EXPORTS.—In the 

24 case of subsequent exports to the import25 ing foreign state in the calendar year sub-
49 

•HR 4800 IH 

1 sequent to the notification provided under 

2 clause (i), the exporter shall provide the 

3 notice so that the Administrator receives 

4 the notice not earlier than 30 nor later 

5 than 15 calendar days before the date of 

6 the first export in each calendar year. 

7 ‘‘(C) TIMING OF PRE-EXPORT NOTICE FOR

8 CHEMICAL SUBSTANCES OR MIXTURES LISTED

9 ON ANNEX III OF THE PIC CONVENTION.— 

10 ‘‘(i) FIRST EXPORT.—In the case of a 

11 first export that an exporter makes from 

12 the territory of the United States to each 

13 importing foreign state after the Adminis14 trator notifies the public under subsection 

15 (d)(3), the exporter shall provide the notice 

16 so that the Administrator receives the no17 tice not earlier than 30 nor later than 15 

18 calendar days before the date of export. 

19 ‘‘(ii) SUBSEQUENT EXPORTS.—In the 

20 case of subsequent exports by the exporter 

21 to the importing foreign state in a calendar 

22 year subsequent to the notification pro23 vided under clause (i), the exporter shall 

24 provide the notice so that the Adminis25 trator receives the notice not earlier than 
50 

•HR 4800 IH 

1 30 nor later than 15 calendar days before 

2 the date of the first such subsequent ex3 port in each calendar year. 

4 ‘‘(iii) CHANGED CIRCUMSTANCES MER5 ITING NEW NOTICE.—If conditions or re6 strictions imposed by the importing foreign 

7 state change and the Administrator noti8 fies the public of the change under sub9 section (d)(3), or if an earlier pre-export 

10 notice no longer applies, the exporter shall 

11 provide the notice so that the Adminis12 trator receives the notice not earlier than 

13 30 nor later than 15 calendar days before 

14 the date of export. 

15 ‘‘(D) TIMING OF PRE-EXPORT NOTICE FOR

16 CHEMICAL SUBSTANCES OR MIXTURES AL17 LOWED TO BE EXPORTED UNDER PARAGRAPH

18 (6) OR (7) OF SECTION 502(c).— 

19 ‘‘(i) FIRST EXPORT OF THE CAL20 ENDAR YEAR.—In the case of the first ex21 port that an exporter makes from the ter22 ritory of the United States to each import23 ing foreign state of a chemical substance 

24 or mixture exported under paragraph (6) 

25 or (7) of section 502(c), the exporter shall 
51 

•HR 4800 IH 

1 provide the notice so that the Adminis2 trator receives the notice not earlier than 

3 30 nor later than 15 calendar days before 

4 the date of the first export. 

5 ‘‘(ii) SUBSEQUENT EXPORTS.—In the 

6 case of subsequent exports by the exporter 

7 to the importing foreign state in a calendar 

8 year subsequent to the notification pro9 vided under clause (i) to the importing for10 eign state, the exporter shall provide the 

11 notice so that the Administrator receives 

12 the notice not earlier than 30 nor later 

13 than 15 calendar days before the date of 

14 the first such subsequent export in each 

15 calendar year. 

16 ‘‘(iii) CHANGED CIRCUMSTANCES MER17 ITING NEW NOTICE.—If the information 

18 provided in an earlier pre-export notice is 

19 no longer accurate, the exporter shall pro20 vide the notice so that the Administrator 

21 receives the notice not earlier than 30 nor 

22 later than 15 calendar days before the date 

23 of export. 

24 ‘‘(2) ALTERNATE TIMEFRAME FOR NOTICES.— 

25 Notwithstanding subparagraphs (B), (C), and (D) of 
52 

•HR 4800 IH 

1 paragraph (1), the Administrator may set an alter2 nate timeframe for providing notices under para3 graph (1) if the Administrator determines that such 

4 alternate timeframe is appropriate and the Adminis5 trator is able, within such alternate timeframe, to 

6 administer notice activities in accordance with the 

7 PIC Convention and comply with the POPs Conven8 tion. 

9 ‘‘(3) CONTENT OF PRE-EXPORT NOTICES.— 

10 ‘‘(A) NOTICES UNDER PARAGRAPH

11 (1)(B).—A notice under paragraph (1)(B) shall 

12 include— 

13 ‘‘(i) the name and address of the ex14 porter; 

15 ‘‘(ii) the name and address of the ap16 propriate designated national authority of 

17 the United States; 

18 ‘‘(iii) the name and address of the ap19 propriate designated national authority of 

20 the importing foreign state, if available; 

21 ‘‘(iv) the name and address of the im22 porter; 

23 ‘‘(v) the name of the chemical sub24 stance or mixture for which the notice is 

25 required; 
53 

•HR 4800 IH 

1 ‘‘(vi) the expected date of export; 

2 ‘‘(vii) any information relating to the 

3 foreseen uses of the chemical substance or 

4 mixture, if known, in the importing foreign 

5 state; 

6 ‘‘(viii) any information on pre7 cautionary measures to reduce exposure to, 

8 and emission of, the chemical substance or 

9 mixture; 

10 ‘‘(ix) any information relating to the 

11 concentration of the chemical substance or 

12 mixture; and 

13 ‘‘(x) any other information specified 

14 in Annex V to the PIC Convention. 

15 ‘‘(B) NOTICES UNDER PARAGRAPH

16 (1)(C).—A notice under paragraph (1)(C) shall 

17 include— 

18 ‘‘(i) all of the information required to 

19 be included under subparagraph (A); 

20 ‘‘(ii) any information relating to ex21 port conditions or restrictions identified by 

22 the Administrator in the notice issued 

23 under subsection (d)(3) with respect to the 

24 chemical substance or mixture; 
54 

•HR 4800 IH 

1 ‘‘(iii) a general description of the 

2 manner in which the export complies with 

3 those conditions; and 

4 ‘‘(iv) any other information that the 

5 Administrator determines to be necessary 

6 for effective enforcement of the export con7 ditions or restrictions applicable to the 

8 chemical substance or mixture. 

9 ‘‘(C) NOTICES UNDER PARAGRAPH

10 (1)(D).—A notice submitted to the Adminis11 trator under paragraph (1)(D) shall include— 

12 ‘‘(i) the name and address of the ex13 porter; 

14 ‘‘(ii) the name and address of the im15 porter; 

16 ‘‘(iii) a specification of the identity of 

17 the POPs chemical substance or mixture; 

18 ‘‘(iv) a general description of how the 

19 export complies with the conditions under 

20 paragraph (6) or (7) of section 502(c); and 

21 ‘‘(v) such other information as the 

22 Administrator determines to be necessary 

23 for enforcement of the export-related obli24 gations of the POPs Convention applicable 

25 to the chemical substance or mixture. 
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1 ‘‘(4) PRE-EXPORT NOTICES ACCOMPANYING

2 EACH EXPORT.—An exporter shall ensure that a 

3 copy of the most recent applicable pre-export notice 

4 accompanies each shipment for export and is avail5 able for inspection upon export from the United 

6 States of— 

7 ‘‘(A) any chemical substance or mixture 

8 that the Administrator has identified under 

9 subsection (d)(3) as being listed on Annex III 

10 of the PIC Convention; or 

11 ‘‘(B) any POPs chemical substance or mix12 ture that is exported under paragraph (6) or 

13 (7) of section 502(c). 

14 ‘‘(5) RETENTION OF PRE-EXPORT NOTICES.— 

15 An exporter required to provide a notice under sub16 paragraph (C) or (D) of paragraph (1) shall main17 tain a copy of the notice and other documents used 

18 to generate the notice and have it readily available 

19 for a period of not less than 3 years beginning on 

20 the date on which the notice is provided. 

21 ‘‘(c) LABELING REQUIREMENTS.— 

22 ‘‘(1) IN GENERAL.—In the case of any chemical 

23 substance or mixture that is the subject of a notice 

24 issued under paragraph (1) or (3) of subsection (d) 

25 and that is manufactured, processed, or distributed 
56 

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1 in commerce for export, the chemical substance or 

2 mixture shall, in accordance with the PIC Conven3 tion— 

4 ‘‘(A) bear labeling information relating to 

5 risks or hazards to human health or the envi6 ronment; and 

7 ‘‘(B) be accompanied by shipping docu8 ments that include any relevant safety data 

9 sheets on the chemical substance or mixture. 

10 ‘‘(2) CUSTOM CODES.—A chemical substance or 

11 mixture that is the subject of a notice issued under 

12 subsection (d)(3) and that is distributed or sold for 

13 export shall be accompanied by shipping documents 

14 that bear, at a minimum, any appropriate har15 monized system customs codes assigned by the 

16 World Customs Organization. 

17 ‘‘(d) NOTICE REQUIREMENTS AND EXEMPTION.— 

18 ‘‘(1) DETERMINATION WHETHER CHEMICAL

19 SUBSTANCE OR MIXTURE IS BANNED OR SEVERELY

20 RESTRICTED.— 

21 ‘‘(A) IN GENERAL.—The Administrator, in 

22 consultation with the Secretary of State, shall 

23 determine whether a chemical substance or mix24 ture is banned or severely restricted within the 
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1 United States (as those terms are defined by 

2 the PIC Convention). 

3 ‘‘(B) NOTICE OF DETERMINATIONS.—Not4 withstanding any other provision of law, the 

5 Administrator shall issue to the Secretariat of 

6 the PIC Convention and the public a notice of 

7 each determination under subparagraph (A) 

8 that includes— 

9 ‘‘(i) in the case of a notice to the Sec10 retariat of the PIC Convention, the infor11 mation specified in Annex I to the PIC 

12 Convention; and 

13 ‘‘(ii) in the case of a notice to the 

14 public, at a minimum, a summary of that 

15 information. 

16 ‘‘(2) NOTICE TO FOREIGN COUNTRIES.— 

17 ‘‘(A) IN GENERAL.—Notwithstanding any 

18 other provision of law, on receipt of a notice of 

19 intent to export under subsection (b)(1)(B), the 

20 Administrator shall provide a copy of the notice 

21 to the designated national authority of the im22 porting foreign state. 

23 ‘‘(B) NONIDENTIFIED DESIGNATED NA24 TIONAL AUTHORITY.—In a case in which a des25 ignated national authority has not been identi-
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1 fied, the Administrator shall provide the notice 

2 of intent to export to any other appropriate of3 ficial of the importing foreign state, as identi4 fied by the Administrator. 

5 ‘‘(3) NOTICE TO PUBLIC.— 

6 ‘‘(A) IN GENERAL.—The Administrator, in 

7 consultation with the Secretary of State, shall 

8 issue a notice to inform the public of— 

9 ‘‘(i) any chemical substance or mix10 ture that is listed on Annex III to the PIC 

11 Convention; and 

12 ‘‘(ii) any condition or restriction of an 

13 importing foreign state that is applicable 

14 to the import, in accordance with the PIC 

15 Convention, of the chemical substance or 

16 mixture. 

17 ‘‘(B) TIMING.—A notice required under 

18 subparagraph (A) shall be issued not later than 

19 90 days after, and any conditions or restrictions 

20 described in subparagraph (A)(ii) shall take ef21 fect not later than 180 days after, the date of 

22 receipt of a notice from the Secretariat of the 

23 PIC Convention who— 

24 ‘‘(i) transmits import decisions of the 

25 parties to the PIC Convention; or 
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1 ‘‘(ii) provides notice of the failure of 

2 the parties to provide import decisions. 

3 ‘‘(C) TREATMENT OF CONDITIONS AND RE4 STRICTIONS.—A condition or restriction identi5 fied by a notice required under subparagraph 

6 (A) shall be considered to be an export condi7 tion or restriction for the purpose of subsection 

8 (a). 

9 ‘‘(4) NOTICE OF EXEMPTION.—The Adminis10 trator may issue a notice exempting any chemical 

11 substance or mixture from the requirements of sub12 sections (a) through (c) and this subsection if the 

13 Administrator determines, in consultation with the 

14 Secretary of State, that the exemption would be con15 sistent with the PIC Convention. 

16 ‘‘(5) INTEGRATION WITH OTHER NOTICES.—To 

17 the maximum extent practicable, the Administrator 

18 shall integrate the information contained in any no19 tice issued under this subsection into any notice 

20 published under— 

21 ‘‘(A) section 12(b); or 

22 ‘‘(B) section 502. 

23 ‘‘(e) REGULATIONS.—The Administrator may pro24 mulgate such regulations as the Administrator determines 

25 to be necessary— 
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1 ‘‘(1) to facilitate implementation of this section; 

2 ‘‘(2) to ensure compliance with the PIC Con3 vention; and 

4 ‘‘(3) to allow the pre-export notice requirement 

5 under this section and any pre-export notice require6 ment in other provisions of this Act or in any other 

7 Federal law to be satisfied by a single notice. 

8 ‘‘(f) HARMONIZATION OF POPS CONVENTION AND

9 PIC CONVENTION.— 

10 ‘‘(1) IN GENERAL.—If the export of a chemical 

11 substance or mixture is addressed or restricted 

12 under both section 502 and this section, that section 

13 and this section shall apply to the chemical sub14 stance or mixture. 

15 ‘‘(2) CONFLICT.—In the case of a conflict be16 tween section 502 and this section with respect to a 

17 chemical substance or mixture, the more stringent 

18 provision shall govern. 

19 ‘‘(3) APPLICATION.—With respect to a chemical 

20 substance or mixture, section 502 and this section 

21 shall be applied in such a manner as to ensure that 

22 the United States is in compliance with the POPs 

23 Convention and the PIC Convention with respect to 

24 the chemical substance or mixture. 
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1 ‘‘SEC. 506. RULES OF CONSTRUCTION. 

2 ‘‘Nothing in this title— 

3 ‘‘(1) shall be construed to require the United 

4 States to register for any specific exemption avail5 able to the United States under Annex A or B to the 

6 POPs Convention or any acceptable purpose avail7 able to the United States under Annex B to the 

8 POPs Convention; or 

9 ‘‘(2) affects the authority of the Administrator 

10 to regulate a chemical substance or mixture under 

11 any other law or any other provision of this Act. 

12 ‘‘SEC. 507. APPLICABILITY. 

13 ‘‘A requirement of this title that relates to the 

14 LRTAP POPs Protocol, the POPs Convention, or the PIC 

15 Convention shall be effective only if the United States is 

16 a party to such Protocol or Convention.’’. 

17 SEC. 3. POLYCHLORINATED BIPHENYLS (PCBS). 

18 Section 6(e) of the Toxic Substance Control Act (15 

19 U.S.C. 2605(e)) is amended— 

20 (1) by adding at the end of paragraph (3) the 

21 following new subparagraph: 

22 ‘‘(D) The Administrator may not, after the date of 

23 enactment of this subparagraph, grant an exemption 

24 under subparagraph (B) unless the manufacturing, proc25 essing, or distribution in commerce with respect to which 
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1 such exemption applies is authorized under section 503(f) 

2 or (g), subject to section 503(h).’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(6) Notwithstanding any other provision of this sub6 section, no person may distribute in commerce for export 

7 equipment (including transformers, capacitors, and other 

8 receptacles) containing greater than 0.05 liters of liquid 

9 stock that contains greater than 0.005 percent poly10 chlorinated biphenyls, except for the purpose of environ11 mentally sound waste management to the extent that such 

12 distribution in commerce for export is authorized by Fed13 eral law.’’. 

14 SEC. 4. EXPORTS. 

15 Section 12(a)(1) of the Toxic Substances Control Act 

16 (15 U.S.C. 2611(a)(1)) is amended by striking ‘‘(other 

17 than section 8)’’ and inserting ‘‘(other than section 8 or 

18 title V)’’. 

19 SEC. 5. PROHIBITED ACTS. 

20 Section 15 of the Toxic Substances Control Act (15 

21 U.S.C. 2614) is amended to read as follows: 

22 ‘‘SEC. 15. PROHIBITED ACTS. 

23 ‘‘It shall be unlawful for any person to— 

24 ‘‘(1) fail or refuse to comply with— 
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1 ‘‘(A) any rule promulgated or order issued 

2 under section 4; 

3 ‘‘(B) any requirement prescribed by section 

4 5 or 6; 

5 ‘‘(C) any rule promulgated or order issued 

6 under section 5 or 6; 

7 ‘‘(D) any requirement of title II; 

8 ‘‘(E) any rule promulgated or order issued 

9 under title II; 

10 ‘‘(F) any requirement of title V; or 

11 ‘‘(G) any rule promulgated under title V; 

12 ‘‘(2) use for commercial purposes a chemical 

13 substance or mixture that the person knew or had 

14 reason to know was manufactured, processed, or dis15 tributed in commerce in violation of— 

16 ‘‘(A) section 5 or 6; 

17 ‘‘(B) a rule promulgated or order issued 

18 under section 5 or 6; or 

19 ‘‘(C) an order issued in a civil action 

20 brought under section 5 or 7; 

21 ‘‘(3) use for commercial purposes a chemical 

22 substance or mixture that the person knew or had 

23 reason to know was manufactured, processed, dis24 tributed in commerce for export, used, or disposed of 

25 in violation of— 
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1 ‘‘(A) title V; or 

2 ‘‘(B) a rule promulgated under title V; 

3 ‘‘(4) fail or refuse to establish or maintain 

4 records, submit reports, notices, or other informa5 tion, or permit access to or copying of records as re6 quired by this Act (including regulations promul7 gated under this Act); or 

8 ‘‘(5) fail or refuse to permit entry or inspection 

9 as required under section 11.’’. 

10 SEC. 6. CONFORMING AMENDMENTS. 

11 (a) Section 11 of the Toxic Substances Control Act 

12 (15 U.S.C. 2610) is amended in subsections (a) and (b) 

13 by striking ‘‘title IV’’ each place it appears and inserting 

14 ‘‘title IV or V’’. 

15 (b) Section 13(a)(1) of the Toxic Substances Control 

16 Act (15 U.S.C. 2612(a)(1)) is amended by striking sub17 paragraph (B) and inserting the following: 

18 ‘‘(B) it is offered for entry in violation of— 

19 ‘‘(i) section 5 or 6; 

20 ‘‘(ii) title IV or V; 

21 ‘‘(iii) a rule or order issued under section 

22 5 or 6 or title IV or V; or 

23 ‘‘(iv) an order issued in a civil action 

24 brought under section 5 or 6 or title IV.’’. 
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1 (c) Section 16 of the Toxic Substances Control Act 

2 (15 U.S.C. 2615) is amended by striking ‘‘section 15 or 

3 409’’ each place it appears and inserting ‘‘section 15, sec4 tion 409, or title V’’. 

5 (d) Section 17 of the Toxic Substances Control Act 

6 (15 U.S.C. 2616) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘section 15 or 409,’’ and inserting ‘‘section 

11 15, section 409, or title V;’’; 

12 (ii) by striking subparagraph (B) and 

13 inserting the following: 

14 ‘‘(B) restrain any person from taking any ac15 tion prohibited by section 5 or 6, or title IV or V 

16 (or a rule or order issued under any of those sec17 tions or titles);’’; 

18 (iii) in subparagraph (C), by striking 

19 ‘‘, or’’ and inserting ‘‘; or’’; and 

20 (iv) in subparagraph (D)— 

21 (I) by striking ‘‘title IV manufac22 tured’’ and inserting ‘‘title IV or V 

23 manufactured’’; and 

24 (II) by striking ‘‘section 5, 6, or 

25 title IV’’ each place it appears and in-
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1 serting ‘‘section 5 or 6, or title IV or 

2 V’’; and 

3 (B) in paragraph (2)(A), by inserting ‘‘or 

4 title V’’ after ‘‘section 15’’; and 

5 (2) in the first sentence of subsection (b), by in6 serting ‘‘or V’’ after ‘‘title IV’’. 

7 (e) Section 18(a)(2) of the Toxic Substances Control 

8 Act (15 U.S.C. 2617(a)(2)) is amended— 

9 (1) in subparagraph (A), by striking ‘‘and’’ at 

10 the end; 

11 (2) in subparagraph (B), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(C) no State or political subdivision may es15 tablish or continue in effect any requirement that is 

16 applicable to a POPs chemical substance or mixture 

17 or LRTAP POPs chemical substance or mixture (as 

18 defined in title V) for which a listing under Annex 

19 A or B of the POPs Convention or Annex I or II 

20 of the LRTAP POPs Protocol has entered into force 

21 for the United States, if such requirement is less 

22 stringent than control measures and other require23 ments adopted by the United States under section 

24 502(h) with respect to the chemical substance or 

25 mixture.’’. 
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1 (f) Section 20(a)(1) of the Toxic Substances Control 

2 Act (15 U.S.C. 2619(a)(1)) is amended by striking ‘‘title 

3 II or IV’’ each place it appears and inserting ‘‘title II, 

4 IV, or V’’. 

Æ