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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4800 Introduced in House (IH)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``POPs, LRTAP POPs, 
and PIC Implementation Act of 2006''.
    (b) Table of Contents.--The table of contents of 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.

SEC. 2. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.

    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is 
amended--
            (1) in section 1, by adding at the end of the 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.'';
        and
            (2) 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) Designated national authority.--The term `designated 
        national authority' means the 1 or more authorities that a 
        government has designated in a notification to the Secretariat 
        of the PIC Convention in accordance with Article 4 of the PIC 
        Convention.
            ``(4) Executive body.--The term `Executive Body' means the 
        Executive Body established by Article 10 of the LRTAP 
        Convention.
            ``(5) 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' 
        including any amendments thereto, as provided in Article 14 of 
        the LRTAP POPs Protocol.
            ``(6) HCH.--The term `HCH' means hexachlorocyclohexane, 
        including lindane.
            ``(7) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541).
            ``(8) LRTAP pops chemical substance or mixture.--The term 
        `LRTAP POPs chemical substance or mixture' means one of the 
        following chemical substances or mixtures:
                    ``(A) Aldrin.
                    ``(B) Chlordane.
                    ``(C) Chlordecone.
                    ``(D) Dichlorodiphenyltrichloroethane (DDT).
                    ``(E) Dieldrin.
                    ``(F) Endrin.
                    ``(G) 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.
            ``(9) LRTAP pops listing decision.--The term `LRTAP POPs 
        listing decision' means a decision by the parties to the LRTAP 
        POPs Protocol to approve an amendment to list a chemical 
        substance or mixture in Annex I or II to the LRTAP POPs 
        Protocol.
            ``(10) 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.
            ``(11) PCB.--The term `PCB' means a polychlorinated 
        biphenyl.
            ``(12) 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 .
            ``(13) POPs chemical substance or mixture.--The term `POPs 
        chemical substance or mixture' means--
                    ``(A) aldrin;
                    ``(B) chlordane;
                    ``(C) dichlorodiphenyltrichloroethane (DDT);
                    ``(D) dieldrin;
                    ``(E) endrin;
                    ``(F) heptachlor;
                    ``(G) hexachlorobenzene;
                    ``(H) mirex;
                    ``(I) PCBs;
                    ``(J) toxaphene; and
                    ``(K) any other chemical substance or mixture that 
                is listed in Annex A or B to the POPs Convention.
            ``(14) 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.
            ``(15) 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 on Specified POPs Chemical Substances and 
Mixtures and LRTAP POPs Chemical Substances and Mixtures.--Subject to 
subsections (c), (d), and (i) and the relevant provisions of the POPs 
Convention and the LRTAP POPs Protocol, notwithstanding any other 
provision of law, a person shall not manufacture, process, distribute 
in commerce for export, use, or dispose of any of the following:
            ``(1) A POPs chemical substance or mixture specified in any 
        of subparagraphs (A) through (H) and (J) of section 501(13).
            ``(2) A LRTAP POPs chemical substance or mixture specified 
        in any of subparagraphs (A) through (K) and (M) of section 
        501(8).
    ``(b) Prohibition on Other POPs Chemical Substances and Mixtures 
and LRTAP POPs Chemical Substances and Mixtures.--Subject to 
subsections (c), (d), and (i), notwithstanding any other provision of 
law, a person shall not manufacture, process, distribute in commerce 
for export, use, or dispose of a POPs chemical substance or mixture 
described in section 501(13)(K), or a LRTAP POPs chemical substance or 
mixture described in 501(8)(N), in a manner that is inconsistent with 
regulations promulgated under subsection (h).
    ``(c) Exemptions Under POPs Convention.--
            ``(1) In general.--The prohibitions specified in subsection 
        (b) 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 (in 
        consultation with the Secretary of State) determines, through 
        final regulations promulgated under subsection (h)--
                    ``(A) is consistent with--
                            ``(i) a production or use specific 
                        exemption applicable 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 the obligations of the 
                United States under the POPs Convention.
            ``(2) Unintentional trace contaminants.--To the extent 
        consistent with the POPs Convention, the prohibitions specified 
        in subsections (a) and (b) 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.--To the extent consistent with the POPs 
        Convention, the prohibitions specified in subsections (a) and 
        (b) 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.--To the extent consistent with the POPs Convention, 
        the prohibitions specified in subsections (a) and (b) 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 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.--
                    ``(A) Exemption.--
                            ``(i) In general.--Subject to clause (ii), 
                        to the extent consistent with the POPs 
                        Convention, the prohibitions specified in 
                        subsections (a) and (b) shall not apply to any 
                        quantity of a POPs chemical substance or 
                        mixture that is--
                                    ``(I) manufactured and used as a 
                                closed-system site-limited 
                                intermediate; and
                                    ``(II) chemically transformed in 
                                the manufacture of other chemicals that 
                                do not exhibit the characteristics of 
                                persistent organic pollutants (taking 
                                into consideration the criteria in 
                                paragraph 1 of Annex D of the POPs 
                                Convention).
                            ``(ii) Conditions.--Clause (i) applies if, 
                        before the commencement of the manufacture or 
                        use of the POPs chemical substance or mixture, 
                        and before the commencement of each 10-year 
                        period thereafter--
                                    ``(I) any person that desires to 
                                invoke the exemption provides to the 
                                Administrator information concerning--
                                            ``(aa) the annual total 
                                        quantity of the POPs chemical 
                                        substance or mixture 
                                        anticipated to be manufactured 
                                        or used or a reasonable 
                                        estimate of the quantity; and
                                            ``(bb) the nature of the 
                                        closed system site-limited 
                                        process, including the quantity 
                                        of any nontransformed and 
                                        unintentional trace 
                                        contamination by the POPs 
                                        chemical substance or mixture 
                                        that remains in the final 
                                        product; and
                                    ``(II) notwithstanding any other 
                                provision of law, the Administrator--
                                            ``(aa) determines, in 
                                        consultation with the Secretary 
                                        of State, that the information 
                                        provided under subclause (I) is 
                                        complete and sufficient; and
                                            ``(bb) transmits the 
                                        information to the Secretariat 
                                        of the POPs Convention.
                    ``(B) Termination of exemption.--If, at the 
                termination of any 10-year exemption period under 
                subparagraph (A), a particular closed-system site-
                limited intermediate exemption is no longer authorized 
                for the United States under the POPs Convention, it 
                shall be unlawful for any person to continue to 
                manufacture or use any such POPs chemical substance or 
                mixture as a closed-system site-limited intermediate.
            ``(6) Distribution in commerce for export if production or 
        use specific exemption or acceptable purpose is in effect.--
                    ``(A) In general.--To the extent consistent with 
                the POPs Convention, the prohibitions specified in 
                subsections (a) and (b) 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 applicable 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 applicable to the United States is in 
                effect, unless the POPs chemical substance or mixture 
                does not comply with an export condition described in--
                            ``(i) subparagraph (B), as determined by 
                        the Administrator in consultation with the 
                        heads of other interested Federal agencies; or
                            ``(ii) subparagraph (C) or (D), as 
                        determined by the Administrator in consultation 
                        with the heads of other interested Federal 
                        agencies, the Secretary of State, and the 
                        United States Trade Representative.
                    ``(B) Export for environmentally sound disposal.--
                An export condition referred to in subparagraph (A) is 
                that the POPs chemical substance or mixture is exported 
                for the purpose of environmentally sound disposal in 
                accordance with paragraph 1(d) of Article 6 of the POPs 
                Convention.
                    ``(C) Export to party with permission to use.--An 
                export condition referred to in subparagraph (A) 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) 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 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.
            ``(7) Export for environmentally sound disposal if no 
        production or use specific exemption in effect.--To the extent 
        consistent with the POPs Convention, the prohibitions specified 
        in subsections (a) and (b) shall not apply to any distribution 
        in commerce for export for the purpose of environmentally sound 
        disposal, in accordance with paragraph 1(d) of Article 6 of the 
        POPs Convention, of a POPs chemical substance or mixture listed 
        in Annex A to the POPs Convention for which no production or 
        use specific exemption is in effect for any party to the POPs 
        Convention.
            ``(8) Imports for specified purposes.--To the extent 
        consistent with the POPs Convention, the prohibitions specified 
        in subsections (a) and (b) shall not apply to a POPs chemical 
        substance or mixture that is imported for the purpose of 
        environmentally sound disposal in accordance with paragraph 
        1(d) of Article 6 of the POPs Convention.
            ``(9) Waste.--To the extent consistent with the POPs 
        Convention, the prohibitions specified in subsections (a) and 
        (b) shall not apply to any quantity of a POPs chemical 
        substance or mixture, including any article that consists of, 
        contains, or is contaminated with a POPs chemical substance or 
        mixture, that has become waste and that is managed in a manner 
        consistent with Article 6 of the POPs Convention.
            ``(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 
        provision of law.
    ``(d) Exemptions Under LRTAP POPs Protocol.--
            ``(1) In general.--To the extent consistent with the LRTAP 
        POPs Protocol, the prohibitions on manufacture, processing, 
        distribution in commerce for export, or use specified in 
        subsections (a) and (b) shall not apply to--
                    ``(A) any manufacture, processing, distribution in 
                commerce for export, or use of a LRTAP POPs chemical 
                substance or mixture that the Administrator determines 
                (in consultation with the Secretary of State), through 
                final regulations promulgated in accordance with 
                subsection (h)--
                            ``(i) is consistent with an allowed 
                        restricted use or condition applicable to the 
                        United States under Annex I or II to the LRTAP 
                        POPs Protocol; and
                            ``(ii) would, as a result, not prevent the 
                        United States from complying with the 
                        obligations of the United States 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 of any 
                        applicable obligation of 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 
                        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 or use of any quantity of HCH 
                that complies with the restrictions and conditions 
                specified for HCH in Annex II to the LRTAP POPs 
                Protocol;
                    ``(G) any quantity of a LRTAP POPs chemical 
                substance or mixture that has become waste and that is 
                disposed of in an environmentally sound manner in 
                accordance with paragraph 1(b) of Article 3 of the 
                LRTAP POPs Protocol;
                    ``(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, in 
        consultation with the Secretary of State, may grant an 
        exemption from the prohibitions applicable to LRTAP POPs 
        chemical substances or mixtures specified in subsection (a) or 
        (b) that the Administrator determines are 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 a prohibition 
                applicable to LRTAP POPs chemical substances or 
                mixtures specified in subsection (a) or (b) that is 
                consistent with the exemptions authorized under 
                paragraph 2 of Article 4 of the LRTAP POPs Protocol.
                    ``(B) Required elements of petitions.--Any petition 
                under subparagraph (A) shall, at a minimum, contain--
                            ``(i) information relating to each finding, 
                        if any, that the Administrator is required to 
                        make under the LRTAP POPs Protocol before 
                        granting the exemption; and
                            ``(ii) any additional information, if any, 
                        that the Administrator is required to provide 
                        to the Secretariat of the LRTAP POPs Protocol 
                        concerning a granted exemption.
                    ``(C) Grant or denial of petition.--The 
                Administrator, in consultation with 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.--
        Notwithstanding any other provision of law, if the 
        Administrator grants an exemption under this subsection, 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 this subsection, the exemption is no 
                longer authorized by the United States under the LRTAP 
                POPs Protocol, it shall be unlawful for any person to 
                manufacture, process, distribute in commerce for 
                export, or use a LRTAP POPs chemical substance or 
                mixture in the manner authorized by the exemption.
                    ``(B) Publication of notice in federal register.--
                The Administrator shall publish in the Federal Register 
                a notice announcing the disallowance of any exemption 
                under subparagraph (A).
            ``(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 provision of law.
    ``(e) Notice After Decision That Screening Criteria Are Met Under 
POPs Convention or After Risk Profile Submitted Under LRTAP POPs 
Protocol.--
            ``(1) Applicability.--This subsection applies if--
                    ``(A) the POPs Review Committee or Conference 
                decides--
                            ``(i) 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; or
                            ``(ii) under paragraph 5 of Article 8 of 
                        the POPs Convention, that such a proposal shall 
                        proceed; or
                    ``(B) 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 45 days after the date 
        of the POPs Review Committee or Conference decision on a 
        proposal or the submission of a risk profile in support of a 
        proposal under the LRTAP POPs Protocol described in 
        subparagraph (A) or (B) of paragraph (1), respectively, the 
        Administrator shall--
                    ``(A) publish in the Federal Register a notice of 
                the proposal; and
                    ``(B) provide opportunity for comment on the 
                proposal.
            ``(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 the process under the 
                POPs Convention or the LRTAP POPs Protocol for 
                submission of a proposal and listing of a chemical 
                substance or mixture that is the subject of a proposal 
                (including criteria applied in that process);
                    ``(C) include a summary of the POPs Review 
                Committee or Conference decision and the basis for the 
                decision;
                    ``(D) request information relevant to and comment 
                on--
                            ``(i) in the case of a chemical substance 
                        or mixture proposed for listing in an Annex to 
                        the POPs Convention, the information 
                        requirements and screening criteria elements 
                        covered under Annex D to the POPs Convention; 
                        and
                            ``(ii) in the case of a chemical substance 
                        or mixture proposed for listing in an Annex to 
                        the LRTAP POPs Protocol, the information 
                        referenced in paragraph 6(a) of Article 14 of 
                        the LRTAP POPs Protocol;
                    ``(E) request the information required under 
                paragraph (4);
                    ``(F) include any other information that the 
                Administrator considers to be relevant to the proposal; 
                and
                    ``(G) request information and comment on--
                            ``(i) information relevant to the risk 
                        profile of the POPs Review Committee covered 
                        under Annex E to the POPs Convention; and
                            ``(ii) information relevant to any 
                        technical review conducted under paragraph 2 of 
                        Executive Body decision 1998/2.
            ``(4) Provision of information.--
                    ``(A) Provision of information under pops 
                convention.--Not later than 60 days after the date of 
                publication of the notice under paragraph (2) regarding 
                a proposal to list a chemical substance or mixture on 
                an Annex of the POPs Convention, any person that 
                manufactures, processes, distributes in commerce for 
                export, or disposes of a chemical substance or mixture 
                that is the subject of the notice shall provide (and 
                any other interested person may provide) to the 
                Administrator information (to the extent the 
                information is known or readily obtainable to the 
                person) on--
                            ``(i) the annual quantity of the chemical 
                        substance or mixture that the person 
                        manufactures and the locations of the 
                        manufacture;
                            ``(ii) the uses of the chemical substance 
                        or mixture;
                            ``(iii) the approximate annual quantity of 
                        the chemical substance or mixture that the 
                        person releases into the environment; and
                            ``(iv) other information or monitoring data 
                        relating to the chemical substance or mixture 
                        that is consistent with the information 
                        specified in paragraph 1 of Annex D, and 
                        subsections (b) through (e) of Annex E, to the 
                        POPs Convention.
                    ``(B) Provision of information under lrtap pops 
                protocol.--Not later than 60 days after the date of 
                publication of the notice under paragraph (2) regarding 
                a proposal to list a chemical substance or mixture on 
                an Annex of the LRTAP POPs Protocol, any person that 
                manufactures, processes, distributes in commerce for 
                export, or disposes of a chemical substance or mixture 
                that is the subject of the notice shall provide (and 
                any other interested person may provide) to the 
                Administrator information (to the extent the 
                information is known or readily obtainable to the 
                person) on--
                            ``(i) the potential for long-range 
                        transboundary atmospheric transport of the 
                        chemical substance or mixture;
                            ``(ii) the toxicity of the chemical 
                        substance or mixture;
                            ``(iii) the persistence of the chemical 
                        substance or mixture, including biotic 
                        degradation processes and rates and degradation 
                        products;
                            ``(iv) the bioaccumulation of the chemical 
                        substance or mixture, including 
                        bioavailability;
                            ``(v) the annual quantity of the chemical 
                        substance or mixture that the person 
                        manufactures and the locations of the 
                        manufacture;
                            ``(vi) the uses of the chemical substance 
                        or mixture;
                            ``(vii) the approximate annual quantity of 
                        the chemical substance or mixture that the 
                        person releases into the environment;
                            ``(viii) environmental monitoring data 
                        relating to the chemical substance or mixture 
                        (in areas distant from sources);
                            ``(ix)(I) information on alternatives to 
                        the uses of the chemical substance or mixture 
                        and the efficacy of each alternative; and
                            ``(II) information on any known adverse 
                        environmental or human health effects 
                        associated with each alternative;
                            ``(x) information on--
                                    ``(I) process changes, control 
                                technologies, operating practices, and 
                                other pollution prevention techniques 
                                that can be used to reduce the 
                                emissions of the chemical substance or 
                                mixture; and
                                    ``(II) the applicability and 
                                effectiveness of each technique 
                                described in subclause (I); and
                            ``(xi) information on the nonmonetary costs 
                        and benefits and the quantifiable costs and 
                        benefits associated with the use of each 
                        alternative described in clause (ix) or 
                        technique described in clause (x)(I).
                    ``(C) Updating of information.--
                            ``(i) Voluntary updates.--Any person that 
                        submits information under subparagraph (A) or 
                        (B) may voluntarily update the information at 
                        any time.
                            ``(ii) Required updates.--If the 
                        Administrator determines, in consultation with 
                        the Secretary of State, that an update of 
                        information submitted under subparagraph (A) or 
                        (B) is necessary, the Administrator may, 
                        through a notice published in the Federal 
                        Register, require 1 or more persons that are 
                        required to submit the information to update 
                        the information.
                            ``(iii) New information.--The Administrator 
                        may require, by general order published in the 
                        Federal Register or otherwise, any person that 
                        (after the date under subparagraphs (A) and (B) 
                        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 
                        subparagraph (A) or (B), to submit the 
                        information required to be submitted under 
                        subparagraph (A) or (B).
    ``(f) Notice After Decision That Global Action Warranted Under POPs 
Convention or That Further Consideration of Chemical Substance or 
Mixture Warranted Under LRTAP POPs Protocol.--
            ``(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 the 
                chemical substance or mixture that is the subject of 
                the proposal, or the Conference decides, under 
                paragraph 8 of that Article, that the proposal shall 
                proceed; or
                    ``(B) the Executive Body determines pursuant to 
                paragraph 2 of Executive Body Decision 1998/2 that 
                further consideration of the chemical substance or 
                mixture is warranted, and therefore requires 1 or more 
                technical reviews of the proposal.
            ``(2) Notice.--Not later than 45 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 comment on the 
                decision or determination.
            ``(3) Required elements of notice.--A notice under 
        paragraph (1) 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; or
                            ``(ii) the Executive Body determination and 
                        basis for the determination;
                    ``(C) request information and comment on--
                            ``(i) in the case of a chemical substance 
                        or mixture proposed for addition to an Annex of 
                        the POPs Convention--
                                    ``(I) information on socioeconomic 
                                considerations covered under Annex F to 
                                the POPs Convention; and
                                    ``(II) information on socioeconomic 
                                considerations covered under Annex F to 
                                the POPs Convention applicable to the 
                                range of possible prohibitions 
                                described in subparagraph (E), 
                                including the impact of the chemical 
                                substance or mixture on minority and 
                                low-income populations; and
                            ``(ii) in the case of a chemical substance 
                        or mixture proposed for listing on an Annex to 
                        the LRTAP POPs Protocol, information on--
                                    ``(I) any additional measures not 
                                described in the notice published under 
                                subparagraph (E) that may exist to 
                                reduce the risks of adverse effects on 
                                human health or the environment that 
                                result from the long-range 
                                transboundary atmospheric transport of 
                                the chemical substance or mixture; and
                                    ``(II) the feasibility of any of 
                                the additional measures or the measures 
                                outlined in the notice published 
                                pursuant to subparagraph (E);
                    ``(D) request information on any current or 
                anticipated production or use of the chemical substance 
                or mixture that is the subject of the proposal for 
                which the United States may wish 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;
                    ``(E) describe a broad range of possible 
                prohibitions or restrictions that the United States 
                could impose on the manufacture, processing, 
                distribution in commerce for export, use, or disposal 
                of the chemical substance or mixture to address any 
                risks that the chemical substance or mixture may pose; 
                and
                    ``(F) specify what changes, if any, to the 
                regulatory requirements and risk management measures 
                applicable to the chemical substance or mixture in the 
                United States have been made since the date of 
                publication of the notice under subsection (e).
            ``(4) Provision of information.--Not later than 60 days 
        after the date of publication of the notice under paragraph 
        (2), any person that manufactures, processes, distributes in 
        commerce for export, or disposes of a chemical substance or 
        mixture that is the subject of the notice shall provide (and 
        any other interested party may provide) to the Administrator--
                    ``(A) consistent with the information needs 
                described in Annex F to the POPs Convention, any 
                information that the person believes is relevant to--
                            ``(i) a risk management evaluation carried 
                        out under paragraph 7 of Article 8 of the POPs 
                        Convention; or
                            ``(ii) a decision by the Conference under 
                        paragraph 9 of Article 8 of the POPs 
                        Convention;
                    ``(B) consistent with the information needs for the 
                technical review described in paragraph 2 of Executive 
                Body Decision 1998/2, any information the person 
                believes is relevant to the technical review or to an 
                Executive Body decision made under paragraph 3 of 
                Article 14 of the LRTAP POPs Protocol; and
                    ``(C) information on any article in use that 
                consists of, contains, or is contaminated with the 
                chemical substance or mixture.
    ``(g) Notice After Recommendation That Conference Consider Listing 
or After Completion of 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 the chemical substance 
                or mixture in accordance with the proposal; or
                    ``(B) after completion of a technical review of a 
                proposal to list a chemical substance or mixture on an 
                Annex of the LRTAP POPs Protocol.
            ``(2) Notice.--Not later than 45 days after the date on 
        which a recommendation under paragraph (1) is made or a 
        technical review described in paragraph (1) 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 comment on the 
                recommendation or the technical review.
            ``(3) Required elements.--A notice under paragraph (2) 
        shall--
                    ``(A) include a summary of the POPs Review 
                Committee recommendation and the basis for the 
                recommendation or a summary of the technical review; 
                and
                    ``(B) summarize any control measures for the 
                chemical substance or mixture that are identified by 
                the POPs Review Committee or in the technical review.
    ``(h) Chemical Substance or Mixture Subsequently Listed Under POPs 
Convention or LRTAP POPs Protocol.--
            ``(1) Regulations.--If the Conference decides to list a 
        chemical substance or mixture in Annex A or B to the POPs 
        Convention, or if the parties to the LRTAP POPs Protocol decide 
        to list a chemical substance or mixture in Annex I or II to the 
        LRTAP POPs Protocol, the Administrator shall--
                    ``(A) not more than 1 year after the date of such 
                decision, publish in the Federal Register--
                            ``(i) a proposed rule, to prohibit or 
                        restrict the domestic manufacture, processing, 
                        distribution in commerce for export, use, or 
                        disposal of the additional chemical substance 
                        or mixture, that protects against significant 
                        adverse human health and environmental effects 
                        from such domestic manufacture, processing, 
                        distribution in commerce for export, use, or 
                        disposal associated with the chemical substance 
                        or mixture (including, as the Administrator 
                        considers appropriate, effects from long-range 
                        environmental transport), which at a minimum 
                        implements the control measures specified for 
                        the chemical substance or mixture in Annex A 
                        and B of the POPs Convention and Annex I and II 
                        to the LRTAP POPs Protocol;
                            ``(ii) a statement that--
                                    ``(I) a proposed rule has been 
                                issued under other Federal law to 
                                prohibit or restrict the domestic 
                                manufacture, processing, distribution 
                                in commerce for export, use, or 
                                disposal of the additional chemical 
                                substance or mixture, which at a 
                                minimum implements the control measures 
                                specified for the chemical substance or 
                                mixture in Annex A and B of the POPs 
                                Convention and Annex I and II to the 
                                LRTAP POPs Protocol; and
                                    ``(II) a final rule pursuant to 
                                that proposed rule will be issued not 
                                more than 2 years after the date of the 
                                publication of the proposed rule;
                            ``(iii) a statement that additional 
                        regulation is not necessary because the 
                        additional chemical substance or mixture is 
                        already regulated in the United States in a 
                        manner that at a minimum implements the control 
                        measures specified for the chemical substance 
                        or mixture in Annex A and B of the POPs 
                        Convention and Annex I and II to the LRTAP POPs 
                        Protocol; or
                            ``(iv) a proposed decision not to prohibit 
                        or restrict the domestic manufacture, 
                        processing, distribution in commerce for 
                        export, use, or disposal of the additional 
                        chemical substance or mixture because the 
                        chemical substance or mixture is not likely to 
                        lead to significant adverse human health or 
                        environmental effects from such domestic 
                        manufacture, processing, distribution in 
                        commerce for export, use, or disposal 
                        (including, as the Administrator considers 
                        appropriate, effects from long-range 
                        environmental transport); and
                    ``(B) not more than 2 years after the date of a 
                proposed rule or decision under subparagraph (A), 
                publish in the Federal Register--
                            ``(i) a final rule, to prohibit or restrict 
                        the domestic manufacture, processing, 
                        distribution in commerce for export, use, or 
                        disposal of the additional chemical substance 
                        or mixture, that protects against significant 
                        adverse human health and environmental effects 
                        from such domestic manufacture, processing, 
                        distribution in commerce for export, use, or 
                        disposal associated with the chemical substance 
                        or mixture (including, as the Administrator 
                        considers appropriate, effects from long-range 
                        environmental transport), which at a minimum 
                        implements the control measures specified for 
                        the chemical substance or mixture in Annex A 
                        and B of the POPs Convention and Annex I and II 
                        to the LRTAP POPs Protocol;
                            ``(ii) a final rule, issued under other 
                        Federal law, to prohibit or restrict the 
                        domestic manufacture, processing, distribution 
                        in commerce for export, use, or disposal of the 
                        additional chemical substance or mixture, which 
                        at a minimum implements the control measures 
                        specified for the chemical substance or mixture 
                        in Annex A and B of the POPs Convention and 
                        Annex I and II to the LRTAP POPs Protocol; or
                            ``(iii) a final decision not to prohibit or 
                        restrict the domestic manufacture, processing, 
                        distribution in commerce for export, use, or 
                        disposal of the additional chemical substance 
                        or mixture because the chemical substance or 
                        mixture is not likely to lead to significant 
                        adverse human health or environmental effects 
                        from such domestic manufacture, processing, 
                        distribution in commerce for export, use, or 
                        disposal (including, as the Administrator 
                        considers appropriate, effects from long-range 
                        environmental transport).
        A decision made under subparagraph (B)(ii) shall not prohibit 
        the Administrator from issuing at a later date a final rule 
        described in subparagraph (B)(i) with respect to the chemical 
        substance or mixture. A final rule described in subparagraph 
        (B)(i) or (ii) shall not take effect unless the United States 
        has consented to be bound by the listing of the chemical 
        substance or mixture with respect to which the final rule 
        applies.
            ``(2) Judicial review.--
                    ``(A) In general.--Not later than 60 days after the 
                date of publication of a final rule or decision under 
                paragraph (1)(B), any person may file a petition for 
                judicial review of the rule or decision with--
                            ``(i) the United States Court of Appeals 
                        for the District of Columbia; or
                            ``(ii) the United States court of appeals 
                        for the circuit in which the person resides or 
                        maintains a principal place of business.
                    ``(B) Jurisdiction.--The United States courts of 
                appeals shall have exclusive jurisdiction of any action 
                to obtain judicial review (other than in an enforcement 
                proceeding) of a rule or decision under this subsection 
                if any United States district court would have had 
                jurisdiction of the action but for this paragraph.
                    ``(C) Copies.--The clerk of the court with which a 
                petition is filed under this paragraph shall submit to 
                the Administrator and the Attorney General copies of 
                the petition.
                    ``(D) Rulemaking proceedings.--With respect to an 
                action to obtain judicial review under this paragraph, 
                section 2112 of title 28, United States Code, shall 
                apply to--
                            ``(i) the filing of the record of 
                        proceedings for a rulemaking on which the 
                        Administrator based the regulation; and
                            ``(ii) any transfer of proceedings between 
                        United States courts of appeals.
                    ``(E) Standard of review.--Section 706 of title 5, 
                United States Code, shall apply to the review of a rule 
                or decision under this paragraph.
                    ``(F) Fees and costs.--The decision of the court in 
                an action commenced under this paragraph, or of the 
                Supreme Court of the United States on review of such a 
                decision, may include an award of costs relating to the 
                action (including reasonable fees for attorneys and 
                expert witnesses) if the court determines that such an 
                award is appropriate.
                    ``(G) Other remedies.--The remedies provided under 
                this paragraph shall be in addition to and not in lieu 
                of remedies provided under any other provision of law.
            ``(3) Sole procedure.--
                    ``(A) In general.--No other rulemaking procedure 
                under this Act shall apply to rules promulgated under 
                this section.
                    ``(B) Rulemaking.--Regulations promulgated by the 
                Administrator under this section shall comply with 
                section 553 of title 5, United States Code (without 
                regard to any reference in that section to sections 556 
                and 557 of that title).
    ``(i) 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 this section applicable to a POPs 
        chemical substance or mixture and a provision of this section 
        applicable to a LRTAP POPs chemical substance or mixture, the 
        more stringent provision shall apply, as determined by the 
        Administrator in consultation with the Secretary of State.
            ``(2) Application.--In the case of chemical substance or 
        mixture described in paragraph (1), this section 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.
    ``(j) Authority to Issue Regulations.--The Administrator may issue 
regulations as necessary to implement this section.

``SEC. 503. NOTICE AND RECORD OF PROHIBITIONS, EXEMPTIONS, 
              DISALLOWANCES, AND OTHER INFORMATION.

    ``(a) In General.--The Administrator--
            ``(1) shall publish in the Federal Register timely notice 
        concerning--
                    ``(A) the POPs chemical substances and mixtures, or 
                the LRTAP POPs chemical substances and mixtures, 
                subject to the prohibitions specified in section 502;
                    ``(B) any exemptions from the prohibitions 
                authorized under section 502, including the date on 
                which the exemptions are no longer authorized;
                    ``(C) in the case of a LRTAP POPs chemical 
                substance or mixture, any disallowances of exemptions 
                under section 502(d)(5); and
                    ``(D) in the case of a POPs chemical substance or 
                mixture, a list of any importing foreign states from 
                which the Administrator has received a nonparty 
                certification under section 502(c)(6)(D); and
            ``(2) may include in the notice any other information that 
        the Administrator determines to be necessary to ensure adequate 
        notice of the requirements of--
                    ``(A) this title;
                    ``(B) the POPs Convention; or
                    ``(C) the LRTAP POPs Protocol.
    ``(b) Updating and Availability of Record.--The Administrator 
shall--
            ``(1) update the record as necessary; and
            ``(2) make the record publicly available.
    ``(c) Disclosure of Data.--Any information provided to or otherwise 
obtained by the Administrator (or any representative of the 
Administrator) under this title shall be subject to section 14 of this 
Act.

``SEC. 504. INTERNATIONAL CONVENTIONS AND COOPERATION IN INTERNATIONAL 
              EFFORTS.

    ``In cooperation with the Secretary of State and the head of any 
other appropriate Federal agency, the Administrator shall--
            ``(1) participate and cooperate in any international 
        efforts to develop improved research and regulations on 
        chemical substances and mixtures; and
            ``(2) participate in technical cooperation and capacity 
        building activities designed to support implementation of--
                    ``(A) the LRTAP POPs Protocol;
                    ``(B) the PIC Convention; and
                    ``(C) the POPs Convention.

``SEC. 505. EXPORTS.

    ``(a) Requirements for Exports.--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 subsection (d)(3), 
any person that distributes in commerce the chemical substance or 
mixture for export shall comply with any export conditions or 
restrictions identified by the Administrator in the notice.
    ``(b) Pre-Export Notices.--
            ``(1) In general.--
                    ``(A) Requirement.--In the case of--
                            ``(i) a chemical substance or mixture that 
                        the Administrator determines under subsection 
                        (d)(1) to be banned or severely restricted;
                            ``(ii) a chemical substance or mixture 
                        identified by the Administrator in a notice 
                        issued under subsection (d)(3); or
                            ``(iii) a POPs chemical substance or 
                        mixture allowed to be exported under paragraph 
                        (6) or (7) of section 502(c);
                the exporter of the chemical substance or mixture shall 
                provide to the Administrator notice of the intent of 
                the exporter to export the chemical substance or 
                mixture.
                    ``(B) Timing of notice for banned or severely 
                restricted chemical substances or mixtures.--
                            ``(i) First export.--In the case of a first 
                        export that an exporter makes from the 
                        territory of the United States to each 
                        importing foreign state after the Administrator 
                        issues a notice under subsection (d)(1), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 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 the calendar year subsequent to the 
                        notification provided under clause (i), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of the first export in each calendar 
                        year.
                    ``(C) Timing of pre-export notice for chemical 
                substances or mixtures listed on annex iii of the pic 
                convention.--
                            ``(i) First export.--In the case of a first 
                        export that an exporter makes from the 
                        territory of the United States to each 
                        importing foreign state after the Administrator 
                        notifies the public under subsection (d)(3), 
                        the exporter shall provide the notice so that 
                        the Administrator receives the notice not 
                        earlier than 30 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 a calendar year 
                        subsequent to the notification provided under 
                        clause (i), the exporter shall provide the 
                        notice so that the Administrator receives the 
                        notice not earlier than 30 nor later than 15 
                        calendar days before the date of the first such 
                        subsequent export in each calendar year.
                            ``(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 subsection (d)(3), or if an earlier pre-
                        export notice no longer applies, the exporter 
                        shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of export.
                    ``(D) Timing of pre-export notice for chemical 
                substances or mixtures allowed to be exported under 
                paragraph (6) or (7) of section 502(c).--
                            ``(i) First export of the calendar year.--
                        In the case of the first export that an 
                        exporter makes from the territory of the United 
                        States to each importing foreign state of a 
                        chemical substance or mixture exported under 
                        paragraph (6) or (7) of section 502(c), the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 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 a calendar year 
                        subsequent to the notification provided under 
                        clause (i) to the importing foreign state, the 
                        exporter shall provide the notice so that the 
                        Administrator receives the notice not earlier 
                        than 30 nor later than 15 calendar days before 
                        the date of the first such subsequent export in 
                        each calendar year.
                            ``(iii) Changed circumstances meriting new 
                        notice.--If the information provided in an 
                        earlier pre-export notice is no longer 
                        accurate, the exporter shall provide the notice 
                        so that the Administrator receives the notice 
                        not earlier than 30 nor later than 15 calendar 
                        days before the date of export.
            ``(2) Alternate timeframe for notices.--Notwithstanding 
        subparagraphs (B), (C), and (D) of paragraph (1), the 
        Administrator may set an alternate timeframe for providing 
        notices under paragraph (1) if the Administrator determines 
        that such alternate timeframe is appropriate and the 
        Administrator is able, within such alternate timeframe, to 
        administer notice activities in accordance with the PIC 
        Convention and comply with the POPs Convention.
            ``(3) Content of pre-export notices.--
                    ``(A) Notices under paragraph (1)(B).--A notice 
                under paragraph (1)(B) shall include--
                            ``(i) the name and address of the exporter;
                            ``(ii) the name and address of the 
                        appropriate designated national authority of 
                        the United States;
                            ``(iii) the name and address of the 
                        appropriate designated national authority of 
                        the importing foreign state, if available;
                            ``(iv) the name and address of the 
                        importer;
                            ``(v) the name of the chemical substance or 
                        mixture for which the notice is required;
                            ``(vi) the expected date of export;
                            ``(vii) any information relating to the 
                        foreseen uses of the chemical substance or 
                        mixture, if known, in the importing foreign 
                        state;
                            ``(viii) any information on precautionary 
                        measures to reduce exposure to, and emission 
                        of, the chemical substance or mixture;
                            ``(ix) any information relating to the 
                        concentration of the chemical substance or 
                        mixture; and
                            ``(x) any other information specified in 
                        Annex V to the PIC Convention.
                    ``(B) Notices under paragraph (1)(C).--A notice 
                under paragraph (1)(C) shall include--
                            ``(i) all of the information required to be 
                        included under subparagraph (A);
                            ``(ii) any information relating to export 
                        conditions or restrictions identified by the 
                        Administrator in the notice issued under 
                        subsection (d)(3) 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 to be necessary for 
                        effective enforcement of the export conditions 
                        or restrictions applicable to the chemical 
                        substance or mixture.
                    ``(C) Notices under paragraph (1)(D).--A notice 
                submitted to the Administrator under paragraph (1)(D) 
                shall include--
                            ``(i) the name and address of the exporter;
                            ``(ii) the name and address of the 
                        importer;
                            ``(iii) a specification of the identity of 
                        the POPs chemical substance or mixture;
                            ``(iv) a general description of how the 
                        export complies with the conditions under 
                        paragraph (6) or (7) of section 502(c); and
                            ``(v) such other information as the 
                        Administrator determines to be necessary for 
                        enforcement of the export-related obligations 
                        of the POPs Convention applicable to the 
                        chemical substance or mixture.
            ``(4) Pre-export notices accompanying each export.--An 
        exporter shall ensure that a copy of the most recent applicable 
        pre-export notice accompanies each shipment for export and is 
        available for inspection upon export from the United States 
        of--
                    ``(A) any chemical substance or mixture that the 
                Administrator has identified under subsection (d)(3) as 
                being listed on Annex III of the PIC Convention; or
                    ``(B) any POPs chemical substance or mixture that 
                is exported under paragraph (6) or (7) of section 
                502(c).
            ``(5) Retention of pre-export notices.--An exporter 
        required to provide a notice under subparagraph (C) or (D) of 
        paragraph (1) shall maintain a copy of the notice and other 
        documents used to generate the notice and have it readily 
        available for a period of not less than 3 years beginning on 
        the date on which the notice is provided.
    ``(c) Labeling Requirements.--
            ``(1) In general.--In the case of any chemical substance or 
        mixture that is the subject of a notice issued under paragraph 
        (1) or (3) of subsection (d) and that is manufactured, 
        processed, or distributed in commerce for export, the chemical 
        substance or mixture shall, in accordance with the PIC 
        Convention--
                    ``(A) bear labeling information relating to risks 
                or hazards to human health or the environment; and
                    ``(B) be accompanied by shipping documents that 
                include any relevant safety data sheets on the chemical 
                substance or mixture.
            ``(2) Custom codes.--A chemical substance or mixture that 
        is the subject of a notice issued under subsection (d)(3) and 
        that is distributed or sold for export shall be accompanied by 
        shipping documents that bear, at a minimum, any appropriate 
        harmonized system customs codes assigned by the World Customs 
        Organization.
    ``(d) Notice Requirements and Exemption.--
            ``(1) Determination whether chemical substance or mixture 
        is banned or severely restricted.--
                    ``(A) In general.--The Administrator, in 
                consultation with the Secretary of State, shall 
                determine whether a chemical substance or mixture is 
                banned or severely restricted within the United States 
                (as those terms are defined by the PIC Convention).
                    ``(B) Notice of determinations.--Notwithstanding 
                any other provision of law, the Administrator shall 
                issue to the Secretariat of the PIC Convention and the 
                public a notice of each determination under 
                subparagraph (A) that includes--
                            ``(i) in the case of a notice to the 
                        Secretariat of the PIC Convention, the 
                        information specified in Annex I to the PIC 
                        Convention; and
                            ``(ii) in the case of a notice to the 
                        public, at a minimum, a summary of that 
                        information.
            ``(2) Notice to foreign countries.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, on receipt of a notice of intent to 
                export under subsection (b)(1)(B), the Administrator 
                shall provide a copy of the notice to the designated 
                national authority of the importing foreign state.
                    ``(B) Nonidentified designated national 
                authority.--In a case in which a designated national 
                authority has not been identified, the Administrator 
                shall provide the notice of intent to export to any 
                other appropriate official of the importing foreign 
                state, as identified by the Administrator.
            ``(3) Notice to public.--
                    ``(A) In general.--The Administrator, in 
                consultation with the Secretary of State, shall issue a 
                notice to inform the public of--
                            ``(i) any chemical substance or mixture 
                        that is listed on Annex III to the PIC 
                        Convention; and
                            ``(ii) any condition or restriction of an 
                        importing foreign state that is applicable to 
                        the import, in accordance with the PIC 
                        Convention, of the chemical substance or 
                        mixture.
                    ``(B) Timing.--A notice required under subparagraph 
                (A) shall be issued not later than 90 days after, and 
                any conditions or restrictions described in 
                subparagraph (A)(ii) shall take effect not later than 
                180 days after, the date of receipt of a notice from 
                the Secretariat of the PIC Convention who--
                            ``(i) transmits import decisions of the 
                        parties to the PIC Convention; or
                            ``(ii) provides notice of the failure of 
                        the parties to provide import decisions.
                    ``(C) Treatment of conditions and restrictions.--A 
                condition or restriction identified by a notice 
                required under subparagraph (A) shall be considered to 
                be an export condition or restriction for the purpose 
                of subsection (a).
            ``(4) Notice of exemption.--The Administrator may issue a 
        notice exempting any chemical substance or mixture from the 
        requirements of subsections (a) through (c) and this subsection 
        if the Administrator determines, in consultation with the 
        Secretary of State, that the exemption would be consistent with 
        the PIC Convention.
            ``(5) Integration with other notices.--To the maximum 
        extent practicable, the Administrator shall integrate the 
        information contained in any notice issued under this 
        subsection into any notice published under--
                    ``(A) section 12(b); or
                    ``(B) section 502.
    ``(e) Regulations.--The Administrator may promulgate such 
regulations as the Administrator determines to be necessary--
            ``(1) to facilitate implementation of this section;
            ``(2) to ensure compliance with the PIC Convention; and
            ``(3) to allow the pre-export notice requirement under this 
        section and any pre-export notice requirement in other 
        provisions of this Act or in any other Federal law to be 
        satisfied by a single notice.
    ``(f) Harmonization of POPs Convention and PIC Convention.--
            ``(1) In general.--If the export of a chemical substance or 
        mixture is addressed or restricted under both section 502 and 
        this section, that section and this section shall apply to the 
        chemical substance or mixture.
            ``(2) Conflict.--In the case of a conflict between section 
        502 and this section with respect to a chemical substance or 
        mixture, the more stringent provision shall govern.
            ``(3) Application.--With respect to a chemical substance or 
        mixture, section 502 and this section shall be applied in such 
        a manner as to ensure that the United States is in compliance 
        with the POPs Convention and the PIC Convention with respect to 
        the chemical substance or mixture.

``SEC. 506. RULES OF CONSTRUCTION.

    ``Nothing in this title--
            ``(1) shall be construed to require the United States to 
        register for any specific exemption available to the United 
        States under Annex A or B to the POPs Convention or any 
        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 other provision of this Act.

``SEC. 507. APPLICABILITY.

    ``A requirement of this title that relates to the LRTAP POPs 
Protocol, the POPs Convention, or the PIC Convention shall be effective 
only if the United States is a party to such Protocol or Convention.''.

SEC. 3. POLYCHLORINATED BIPHENYLS (PCBS).

    Section 6(e) of the Toxic Substance Control Act (15 U.S.C. 2605(e)) 
is amended--
            (1) by adding at the end of paragraph (3) the following new 
        subparagraph:
    ``(D) The Administrator may not, after the date of enactment of 
this subparagraph, grant an exemption under subparagraph (B) unless the 
manufacturing, processing, or distribution in commerce with respect to 
which such exemption applies is authorized under section 503(f) or (g), 
subject to section 503(h).''; and
            (2) 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. EXPORTS.

    Section 12(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
2611(a)(1)) is amended by striking ``(other than section 8)'' and 
inserting ``(other than section 8 or title V)''.

SEC. 5. PROHIBITED ACTS.

    Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is 
amended to read as follows:

``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;
                    ``(D) any requirement of title II;
                    ``(E) any rule promulgated or order issued under 
                title II;
                    ``(F) any requirement of title V; or
                    ``(G) any rule promulgated under title V;
            ``(2) use for commercial purposes a chemical substance or 
        mixture that the person knew or had reason to know was 
        manufactured, processed, or distributed in commerce in 
        violation of--
                    ``(A) section 5 or 6;
                    ``(B) a rule promulgated or order issued under 
                section 5 or 6; or
                    ``(C) an order issued in a civil action brought 
                under section 5 or 7;
            ``(3) use for commercial purposes a chemical substance or 
        mixture that the person knew or had reason to know was 
        manufactured, processed, distributed in commerce for export, 
        used, or disposed of in violation of--
                    ``(A) title V; or
                    ``(B) a rule promulgated under title V;
            ``(4) fail or refuse to establish or maintain records, 
        submit reports, notices, or other information, or permit access 
        to or copying of records as required by this Act (including 
        regulations promulgated under this Act); or
            ``(5) fail or refuse to permit entry or inspection as 
        required under section 11.''.

SEC. 6. CONFORMING AMENDMENTS.

    (a) 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 V''.
    (b) Section 13(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
2612(a)(1)) is amended by striking subparagraph (B) and inserting the 
following:
            ``(B) it is offered for entry in violation of--
                    ``(i) section 5 or 6;
                    ``(ii) title IV or V;
                    ``(iii) a rule or order issued under section 5 or 6 
                or title IV or V; or
                    ``(iv) an order issued in a civil action brought 
                under section 5 or 6 or title IV.''.
    (c) Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) 
is amended by striking ``section 15 or 409'' each place it appears and 
inserting ``section 15, section 409, or title V''.
    (d) Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``section 15 or 409,'' and inserting ``section 
                        15, section 409, or title V;'';
                            (ii) 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);'';
                            (iii) in subparagraph (C), by striking ``, 
                        or'' and inserting ``; or''; and
                            (iv) 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
                    (B) in paragraph (2)(A), by inserting ``or title 
                V'' after ``section 15''; and
            (2) in the first sentence of subsection (b), by inserting 
        ``or V'' after ``title IV''.
    (e) Section 18(a)(2) of the Toxic Substances Control Act (15 U.S.C. 
2617(a)(2)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) no State or political subdivision may establish or 
        continue in effect any requirement that is applicable to a POPs 
        chemical substance or mixture or LRTAP POPs chemical substance 
        or mixture (as defined in title V) for which a listing under 
        Annex A or B of the POPs Convention or Annex I or II of the 
        LRTAP POPs Protocol has entered into force for the United 
        States, if such requirement is less stringent than control 
        measures and other requirements adopted by the United States 
        under section 502(h) with respect to the chemical substance or 
        mixture.''.
    (f) Section 20(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
2619(a)(1)) is amended by striking ``title II or IV'' each place it 
appears and inserting ``title II, IV, or V''.
                                 <all>
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