I 
109TH CONGRESS 
2D SESSION 
H. R. 4800 
To amend the Toxic Substances Control Act to implement the Stockholm 
Convention on Persistent Organic Pollutants, the Protocol on Persistent 
Organic Pollutants to the Convention on Long-Range Transboundary 
Air Pollution, and the Rotterdam Convention on the Prior Informed 
Consent Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2006 
Ms. SOLIS (for herself, Mr. PALLONE, Mrs. CAPPS, Mr. TOWNS, Ms. 
SCHAKOWSKY, Mr. WYNN, Mr. WAXMAN, Mr. DINGELL, Mr. ALLEN, Mr. 
BROWN of Ohio, and Ms. DEGETTE) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to implement 
the Stockholm Convention on Persistent Organic Pollut-
ants, the Protocol on Persistent Organic Pollutants to 
the Convention on Long-Range Transboundary Air Pollu-
tion, and the Rotterdam Convention on the Prior In-
formed Consent Procedure for Certain Hazardous Chemi-
cals and Pesticides in International Trade. 
Be it enacted by the Senate and House of Representa-
tives 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 AGREE-
MENTS. 
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 Con-
vention in accordance with Article 4 of the PIC Con-
vention. 
‘‘(4) EXECUTIVE BODY.—The term ‘Executive 
Body’ means the Executive Body established by Ar-
ticle 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 Sub-
mitted 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 sub-
stance or mixture’ means one of the following chem-
ical 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 deci-
sion 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 Per-
sistent Organic Pollutants to the LRTAP Conven-
tion, 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 poly-
chlorinated biphenyl. 
‘‘(12) PIC CONVENTION.—The term ‘PIC Con-
vention’ means the Rotterdam Convention on the 
Prior Informed Consent Procedure for Certain Haz-
ardous 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
MIX-
TURE.—The term ‘POPs chemical substance or mix-
ture’ 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 mix-
ture 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 Or-
ganic Pollutants Review Committee established
under paragraph 6 of Article 19 of the POPs Con-
vention. 
‘‘SEC. 502. IMPLEMENTATION OF POPS CONVENTION AND 
LRTAP POPS PROTOCOL. 
‘‘(a) PROHIBITION ON SPECIFIED POPS CHEMICAL 
SUBSTANCES AND MIXTURES AND LRTAP POPS CHEM-
ICAL SUBSTANCES
AND MIXTURES.—Subject to sub-
sections (c), (d), and (i) and the relevant provisions of the 
POPs Convention and the LRTAP POPs Protocol, not-
withstanding any other provision of law, a person shall 
not manufacture, process, distribute in commerce for ex-
port, 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 SUB-
STANCES 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 chem-
ical substance or mixture described in section 501(13)(K),
or a LRTAP POPs chemical substance or mixture de-
scribed 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 Sec-
retary of State) determines, through final regula-
tions promulgated under subsection (h)— 
‘‘(A) is consistent with— 
‘‘(i) a production or use specific ex-
emption applicable 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 
‘‘(B) would, as a result, not prevent the 
United States from complying with the obliga-
tions of the United States under the POPs 
Convention. 
‘‘(2) 
UNINTENTIONAL
TRACE
CONTAMI-
NANTS.—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 quan-
tity of a POPs chemical substance or mixture that 
is used for laboratory scale research or as a ref-
erence standard. 
‘‘(4) CONSTITUENT
OF
ARTICLE
IN
USE
BE-
FORE PROHIBITION APPLIED.—To the extent con-
sistent 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 sub-
stance 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.— 
‘‘(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 sub-
stance or mixture that is— 
‘‘(I) manufactured and used as a 
closed-system 
site-limited 
inter-
mediate; and 
‘‘(II) chemically transformed in 
the manufacture of other chemicals 
that do not exhibit the characteristics 
of persistent organic pollutants (tak-
ing 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 manu-
facture or use of the POPs chemical sub-
stance or mixture, and before the com-
mencement of each 10-year period there-
after— 
‘‘(I) any person that desires to 
invoke the exemption provides to the 
Administrator 
information 
con-
cerning— 
‘‘(aa) the annual total quan-
tity of the POPs chemical sub-
stance or mixture anticipated to 
be manufactured or used or a 
reasonable estimate of the quan-
tity; and 
‘‘(bb) the nature of the 
closed system site-limited proc-
ess, including the quantity of any 
nontransformed 
and 
uninten-
tional trace contamination by the 
POPs chemical substance or mix-
ture that remains in the final 
product; and 
‘‘(II) notwithstanding any other 
provision of law, the Administrator— 
‘‘(aa) determines, in con-
sultation with the Secretary of 
State, that the information pro-
vided under subclause (I) is com-
plete and sufficient; and 
‘‘(bb) transmits the informa-
tion to the Secretariat of the 
POPs Convention. 
‘‘(B) TERMINATION
OF
EXEMPTION.—If, 
at the termination of any 10-year exemption pe-
riod under subparagraph (A), a particular 
closed-system site-limited intermediate exemp-
tion is no longer authorized for the United 
States under the POPs Convention, it shall be 
unlawful for any person to continue to manu-
facture or use any such POPs chemical sub-
stance or mixture as a closed-system site-lim-
ited 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 con-
sistent with the POPs Convention, the prohibi-
tions specified in subsections (a) and (b) shall 
not apply to any distribution in commerce for 
export of any POPs chemical substance or mix-
ture for which a production or use specific ex-
emption under Annex A to the POPs Conven-
tion applicable to the United States is in effect, 
or for which a production or use specific exemp-
tion 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 agen-
cies; or 
‘‘(ii) subparagraph (C) or (D), as de-
termined by the Administrator in consulta-
tion with the heads of other interested 
Federal agencies, the Secretary of State, 
and the United States Trade Representa-
tive. 
‘‘(B) EXPORT
FOR
ENVIRONMENTALLY 
SOUND
DISPOSAL.—An export condition re-
ferred 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 condi-
tion referred to in subparagraph (A) is 
that the POPs chemical substance or mix-
ture 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 cer-
tification to the Administrator. 
‘‘(ii) COMMITMENTS
BY
IMPORTING 
NONPARTY.—Consistent with the POPs 
Convention, an annual nonparty certifi-
cation under clause (i) shall specify the in-
tended 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 re-
leases; 
‘‘(II) complying with paragraph 
1(d) of Article 6 of the POPs Conven-
tion; and 
‘‘(III) complying, to the extent 
appropriate, with paragraph 2 of Part 
II of Annex B to the POPs Conven-
tion. 
‘‘(iii) 
SUPPORTING
DOCUMENTA-
TION.—Each nonparty certification shall 
include any appropriate supporting docu-
mentation, 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 certifi-