‘‘(1) 
APPLICABILITY.—This 
subsection 
ap-
plies— 
‘‘(A) if the POPs Review Committee rec-
ommends, under paragraph 9 of Article 8 of the 
POPs Convention, that the Conference consider 
making a Conference listing decision with re-
spect to a chemical substance or mixture in ac-
cordance with a proposal; or 
‘‘(B) after completion of a technical review 
of the proposal to list a chemical substance or 
mixture on an Annex of the LRTAP POPs Pro-
tocol. 
‘‘(2) NOTICE.—Not later than 60 days after the 
date on which a recommendation under paragraph 
(1)(A) is made or a technical review described in 
paragraph (1)(B) is completed, the Administrator 
shall— 
‘‘(A) publish in the Federal Register a no-
tice of the recommendation or completion of the 
technical review; and 
‘‘(B) provide opportunity for public com-
ment on the recommendation or the technical 
review. 
‘‘(3) REQUIRED
ELEMENTS.—A notice under 
paragraph (2) shall include a summary of— 
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‘‘(A) the POPs Review Committee rec-
ommendation, and the basis for the rec-
ommendation, or of the technical review; 
‘‘(B) any control measures for the chemical 
substance or mixture that are proposed by the 
POPs Review Committee or in the technical re-
view; 
‘‘(C) any control measures for the chemical 
substance or mixture that exist under the laws 
of the United States; and 
‘‘(D) any public comments received by the 
Administrator in response to the Federal Reg-
ister notice published pursuant to subsection 
(b)(2). 
‘‘(d) PROVISION OF INFORMATION.— 
‘‘(1) UNDER POPS CONVENTION.—The Admin-
istrator, where relevant, by general order issued in 
the Federal Register may require any person, or ap-
propriate categories of persons, that manufactures, 
processes, distributes in commerce for export, or dis-
poses of a chemical substance or mixture that is the 
subject of a notice under subsection (a), (b), or (c) 
to provide information, to the extent such informa-
tion is known or readily obtainable, on— 
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‘‘(A) the annual quantity of the chemical 
substance or mixture that the person manufac-
tures and the locations of the manufacture; 
‘‘(B) the uses of the chemical substance or 
mixture; 
‘‘(C) the approximate annual quantity of 
the chemical substance or mixture that the per-
son releases into the environment; and 
‘‘(D) other information or monitoring data 
relating to the chemical substance or mixture 
that is consistent with the information specified 
in— 
‘‘(i) paragraph 1 of Annex D; 
‘‘(ii) subsections (b) through (e) of 
Annex E; and 
‘‘(iii) Annex F, 
to the POPs Convention. 
‘‘(2) UNDER LRTAP POPS PROTOCOL.—The Ad-
ministrator, where relevant, by general order issued 
in the Federal Register, may require any person, or 
appropriate categories of persons, that manufac-
tures, processes, distributes in commerce for export, 
or disposes of a chemical substance or mixture that 
is the subject of a notice under subsection (a), (b), 
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or (c) to provide information, to the extent such in-
formation is known or readily obtainable, on— 
‘‘(A) the annual quantity of the chemical 
substance or mixture that the person manufac-
tures and the locations of the manufacture; 
‘‘(B) the uses of the chemical substance or 
mixture; 
‘‘(C) the approximate annual quantity of 
the chemical substance or mixture that the per-
son releases into the environment; 
‘‘(D) environmental monitoring data relat-
ing to the chemical substance or mixture (in 
areas distant from sources); 
‘‘(E) information on alternatives to the 
uses of the chemical substance or mixture and 
the efficacy of each alternative; 
‘‘(F) information on any known adverse 
environmental or human health effects associ-
ated with each such alternative; and 
‘‘(G) other information or monitoring data 
relating to the chemical substance or mixture 
that is consistent with information specified in 
Executive Body Decision 1998/2 for inclusion in 
the risk profile or technical review. 
‘‘(3) UPDATING OF INFORMATION.— 
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‘‘(A) VOLUNTARY UPDATES.—Any person 
who submits information under paragraph (1) 
or (2) may voluntarily update the information 
at any time. 
‘‘(B) REQUIRED UPDATES.—If the Admin-
istrator determines, with the concurrence of the 
Secretary of State, that an update of informa-
tion submitted under paragraph (1) or (2) is 
necessary, the Administrator may, through a 
general order published in the Federal Register, 
require all persons that are required to submit 
the information to update the information. 
‘‘(C) NEW INFORMATION.—As part of a 
general order published under subparagraph 
(B), the Administrator may require any person 
who, after the date specified in the general 
order issued pursuant to paragraph (1) or (2) 
by which persons are required to submit infor-
mation, commences manufacturing, processing, 
distributing in commerce for export, or dis-
posing of a chemical substance or mixture sub-
ject to the requirements in paragraph (1) or 
(2), to submit the information required to be 
submitted in the general order issued pursuant 
to paragraph (1) or (2). 
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‘‘(e) ACTION BY THE ADMINISTRATOR UPON NEW 
LISTING OR OTHER CHANGES.— 
‘‘(1) RULEMAKING.— 
‘‘(A) AUTHORITY.—If either— 
‘‘(i) the Conference decides to amend 
Annex A or B of the POPs Convention to 
list an additional chemical substance or 
mixture; or 
‘‘(ii) the parties to the LRTAP POPs 
Protocol decide to amend Annex I or II to 
the LRTAP POPs Protocol to list an addi-
tional chemical substance or mixture, 
the Administrator may issue rules to prohibit or 
restrict the manufacture, processing, distribu-
tion in commerce for export, use, or disposal of 
the additional chemical substance or mixture to 
the extent necessary to protect human health 
and the environment in a manner that achieves 
a reasonable balance of social, environmental, 
and economic costs and benefits. Such costs 
and benefits include both qualitative and quan-
titative costs and benefits. The Administrator 
may modify rules issued under this paragraph, 
consistent with the requirements of this para-
graph. 
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‘‘(B) SCOPE OF RULEMAKING.—The Ad-
ministrator may issue rules under subparagraph 
(A) only to meet, in whole or in part, the obli-
gations of the United States under the POPs 
Convention or LRTAP POPs Protocol if the 
United States were to consent to be bound for 
that applicable amendment referred to in sub-
paragraph (A). 
‘‘(C) EFFECTIVE DATE FOR RULES.—No 
rule issued under this paragraph shall take ef-
fect until the United States has consented to be 
bound by the amendment agreed to by a deci-
sion under subparagraph (A)(i) or (ii). 
‘‘(2) CONSIDERATIONS.—(A) In taking an ac-
tion under paragraph (1), the Administrator shall 
consider— 
‘‘(i) the effects of such chemical sub-
stance or mixture on health and the mag-
nitude and impact of the exposure of 
human beings to such chemical substance 
or mixture; 
‘‘(ii) the effects of such chemical sub-
stance or mixture on the environment and 
the magnitude and impact of the exposure 
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of the environment to such chemical sub-
stance or mixture; 
‘‘(iii) the benefits of such chemical 
substance or mixture for various uses and 
the availability, risks, and economic con-
sequences of substitutes for such uses, con-
sidering factors described in clause (iv); 
‘‘(iv) the reasonably ascertainable eco-
nomic consequences of the proposed prohi-
bition or other regulation, after consider-
ation of the effect on the national econ-
omy, small business, technological innova-
tion, the environment, and public health, 
including the degree to which the manufac-
ture, processing, distribution in commerce 
for export, use, or disposal of the chemical 
substance or mixture is necessary to pre-
vent significant harm to an important sec-
tor of the economy; and 
‘‘(v) national and international con-
sequences that are likely to arise as a re-
sult of domestic regulatory action (includ-
ing the possible consequences of using al-
ternative products or processes). 
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‘‘(B) Nothing in this paragraph shall be 
interpreted to prevent the Administrator from 
using the information described in paragraph 
(3), along with any other information provided 
during the comment period with respect to the 
rulemaking under paragraph (1), to carry out 
this paragraph. 
‘‘(3) ADDITIONAL CONSIDERATIONS.—The Ad-
ministrator may also consider— 
‘‘(A) with regard to chemical substances or 
mixtures listed in Annex A or B of the POPs 
Convention— 
‘‘(i) recommendations of the POPs 
Review Committee under paragraph 9 of 
Article 8 of the POPs Convention; 
‘‘(ii) the Conference listing decision; 
and 
‘‘(iii) any information that the United 
States submits to the POPs Review Com-
mittee or to the Conference pursuant to 
Article 8 of the POPs Convention; and 
‘‘(B) with regard to chemical substances or 
mixtures listed in Annex I or II of the LRTAP 
POPs Protocol— 
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‘‘(i) any technical review conducted 
pursuant to paragraph 2 of the Executive 
Body Decision 1998/2; 
‘‘(ii) the LRTAP POPs Protocol list-
ing decision; and 
‘‘(iii) any information that the United 
States submitted to the Executive Body, or 
a subsidiary of the Executive Body, in re-
lation to such a technical review or listing 
decision. 
‘‘(4) ASSESSMENT OF RISKS OR EFFECTS.—(A) 
In assessing risks and effects to human health and 
the environment under paragraph (2), the Adminis-
trator shall use sound and objective scientific prac-
tices and the best available scientific information, in-
cluding peer-reviewed studies. 
‘‘(B) When taking an action under paragraph 
(1), the Administrator shall describe the scientific 
information in the rulemaking record that the Ad-
ministrator considered in assessing risks and effects 
to human health and the environment under para-
graph (2), and shall describe the quality of the sci-
entific information on which the Administrator 
based the decision to take action under paragraph 
(1). 
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‘‘(5) COMMENTS AND INFORMATION PART OF 
RECORD.—The comments and information received 
in response to notices or orders published pursuant 
to subsections (a), (b), (c), and (d) shall be part of 
the record for a rule promulgated pursuant to this 
subsection. 
‘‘(f) EXEMPTIONS UNDER POPS CONVENTION.— 
‘‘(1) USE-SPECIFIC OR ACCEPTABLE PURPOSE 
EXEMPTIONS.—Prohibitions or restrictions included 
in rules issued under subsection (e)(1), and the pro-
hibitions described in section 502(a), shall not apply 
to any manufacture, processing, distribution in com-
merce for export, use, or disposal of a POPs chem-
ical substance or mixture that the Administrator de-
termines, through final rules promulgated under 
subsection (e)(1), with the concurrence of the Sec-
retary of State— 
‘‘(A) is consistent with— 
‘‘(i) a production or use-specific ex-
emption available to the United States 
under Annex A or B to the POPs Conven-
tion; or 
‘‘(ii) an acceptable purpose applicable 
to the United States under Annex B to the 
POPs Convention; and 
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‘‘(B) would, as a result, not prevent the 
United States from complying with obligations 
or potential obligations of the United States 
with respect to that chemical substance or mix-
ture under the POPs Convention. 
‘‘(2) 
UNINTENTIONAL
TRACE
CONTAMI-
NANTS.—Prohibitions or restrictions included in 
rules issued under subsection (e)(1), and the prohi-
bitions described in section 502(a), shall not apply 
to any quantity of a POPs chemical substance or 
mixture that occurs as an unintentional trace con-
taminant in a product or article. 
‘‘(3) RESEARCH.—Prohibitions or restrictions 
included in rules issued under subsection (e)(1), and 
the prohibitions described in section 502(a), shall 
not apply to any quantity of a POPs chemical sub-
stance or mixture that is used for laboratory scale 
research or as a reference standard. 
‘‘(4) CONSTITUENT
OF
ARTICLE
IN
USE
BE-
FORE
PROHIBITION
APPLIED.—Prohibitions or re-
strictions included in rules issued under subsection 
(e)(1), and the prohibitions described in section 
502(a), shall not apply to any quantity of a POPs 
chemical substance or mixture that occurs as a con-
stituent of an article, if— 
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‘‘(A) the article is manufactured or in use 
on or before the date of entry into force for the 
United States of the obligation applicable to the 
POPs chemical substance or mixture; and 
‘‘(B) the United States has met any appli-
cable requirement of the POPs Convention to 
notify the Secretariat of the POPs Convention 
concerning the article. 
‘‘(5) CLOSED-SYSTEM
SITE-LIMITED
INTER-
MEDIATE EXEMPTION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), prohibitions or restrictions included 
in rules issued under subsection (e)(1), and the 
prohibitions described in section 502(a), shall 
not apply to any quantity of a POPs chemical 
substance or mixture that is manufactured and 
used as a closed-system site-limited inter-
mediate that is chemically transformed in the 
manufacture of other chemicals that do not ex-
hibit the characteristics of persistent organic 
pollutants. 
‘‘(B) CONDITIONS.—Subparagraph (A) ap-
plies if, before the commencement of the manu-
facture or use under the POPs Convention, and 
before each 10-year period thereafter— 
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