radation processes and rates and degrada-
tion products; 
‘‘(iv) the bioaccumulation of the chem-
ical substance or mixture, including bio-
availability; 
‘‘(v) the annual quantity of the chem-
ical substance or mixture that the person 
manufactures and the locations of the 
manufacture; 
‘‘(vi) the uses of the chemical sub-
stance or mixture; 
‘‘(vii) the approximate annual quan-
tity of the chemical substance or mixture 
that the person releases into the environ-
ment; 
‘‘(viii) environmental monitoring data 
relating to the chemical substance or mix-
ture (in areas distant from sources); 
‘‘(ix)(I) information on alternatives to 
the uses of the chemical substance or mix-
ture and the efficacy of each alternative; 
and 
‘‘(II) information on any known ad-
verse environmental or human health ef-
fects 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 emis-
sions of the chemical substance or 
mixture; and 
‘‘(II) the applicability and effec-
tiveness 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 per-
son that submits information under sub-
paragraph (A) or (B) may voluntarily up-
date the information at any time. 
‘‘(ii) REQUIRED UPDATES.—If the Ad-
ministrator determines, in consultation 
with the Secretary of State, that an update 
of information submitted under subpara-
graph (A) or (B) is necessary, the Admin-
istrator may, through a notice published in 
the Federal Register, require 1 or more 
persons that are required to submit the in-
formation to update the information. 
‘‘(iii) NEW
INFORMATION.—The Ad-
ministrator may require, by general order 
published in the Federal Register or other-
wise, any person that (after the date under 
subparagraphs (A) and (B) by which per-
sons are required to submit information) 
commences manufacturing, processing, dis-
tributing in commerce for export, or dis-
posing of a chemical substance or mixture 
subject to the requirements in subpara-
graph (A) or (B), to submit the informa-
tion required to be submitted under sub-
paragraph (A) or (B). 
‘‘(f) NOTICE AFTER DECISION THAT GLOBAL AC-
TION WARRANTED UNDER POPS CONVENTION OR THAT 
FURTHER CONSIDERATION OF CHEMICAL SUBSTANCE OR 
MIXTURE WARRANTED UNDER LRTAP POPS PRO-
TOCOL.— 
‘‘(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 Con-
ference decides, under paragraph 8 of that Arti-
cle, that the proposal shall proceed; or 
‘‘(B) the Executive Body determines pur-
suant to paragraph 2 of Executive Body Deci-
sion 1998/2 that further consideration of the 
chemical substance or mixture is warranted, 
and therefore requires 1 or more technical re-
views 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 no-
tice of the decision or determination; and 
‘‘(B) provide opportunity for comment on 
the decision or determination. 
‘‘(3) REQUIRED ELEMENTS OF NOTICE.—A no-
tice 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 determina-
tion and basis for the determination; 
‘‘(C) request information and comment 
on— 
‘‘(i) in the case of a chemical sub-
stance or mixture proposed for addition to 
an Annex of the POPs Convention— 
‘‘(I) 
information 
on 
socio-
economic considerations covered under 
Annex F to the POPs Convention; 
and 
‘‘(II) 
information 
on 
socio-
economic considerations covered under 
Annex F to the POPs Convention ap-
plicable to the range of possible prohi-
bitions 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 sub-
stance 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 ef-
fects on human health or the environ-
ment 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 pursu-
ant 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 condi-
tion under the LRTAP POPs Protocol;
‘‘(E) describe a broad range of possible 
prohibitions or restrictions that the United 
States could impose on the manufacture, proc-
essing, distribution in commerce for export, use, 
or disposal of the chemical substance or mix-
ture to address any risks that the chemical sub-
stance 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 no-
tice under paragraph (2), any person that manufac-
tures, 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 Adminis-
trator— 
‘‘(A) consistent with the information needs 
described in Annex F to the POPs Convention, 
any information that the person believes is rel-
evant 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 in-
formation the person believes is relevant to the 
technical review or to an Executive Body deci-
sion 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 CON-
FERENCE CONSIDER LISTING OR AFTER COMPLETION OF 
TECHNICAL REVIEW.— 
‘‘(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 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 Pro-
tocol. 
‘‘(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 para-
graph (1) 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 comment on 
the recommendation or the technical review. 
‘‘(3) REQUIRED
ELEMENTS.—A notice under 
paragraph (2) shall— 
‘‘(A) include a summary of the POPs Re-
view 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 SUBSE-
QUENTLY
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 Reg-
ister— 
‘‘(i) a proposed rule, to prohibit or re-
strict the domestic manufacture, proc-
essing, distribution in commerce for ex-
port, use, or disposal of the additional 
chemical substance or mixture, that pro-
tects against significant adverse human 
health and environmental effects from such 
domestic manufacture, processing, dis-
tribution in commerce for export, use, or 
disposal associated with the chemical sub-
stance or mixture (including, as the Ad-
ministrator considers appropriate, effects 
from long-range environmental transport),
which at a minimum implements the con-
trol 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 pro-
hibit or restrict the domestic manu-
facture, processing, distribution in 
commerce for export, use, or disposal 
of the additional chemical substance 
or mixture, which at a minimum im-
plements the control measures speci-
fied 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 reg-
ulation is not necessary because the addi-
tional chemical substance or mixture is al-
ready 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 pro-
hibit 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 domes-
tic manufacture, processing, distribution in 
commerce for export, use, or disposal (in-
cluding, as the Administrator considers ap-
propriate, effects from long-range environ-
mental transport); and 
‘‘(B) not more than 2 years after the date 
of a proposed rule or decision under subpara-
graph (A), publish in the Federal Register— 
‘‘(i) a final rule, to prohibit or restrict 
the domestic manufacture, processing, dis-
tribution in commerce for export, use, or
disposal of the additional chemical sub-
stance or mixture, that protects against 
significant adverse human health and envi-
ronmental effects from such domestic man-
ufacture, processing, distribution in com-
merce for export, use, or disposal associ-
ated with the chemical substance or mix-
ture (including, as the Administrator con-
siders appropriate, effects from long-range 
environmental transport), which at a min-
imum 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 do-
mestic manufacture, processing, distribu-
tion in commerce for export, use, or dis-
posal of the additional chemical substance 
or mixture, which at a minimum imple-
ments 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, proc-
essing, distribution in commerce for ex-
port, 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 domes-
tic manufacture, processing, distribution in 
commerce for export, use, or disposal (in-
cluding, as the Administrator considers ap-
propriate, effects from long-range environ-
mental 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 mix-
ture. 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 Ap-
peals for the District of Columbia; or 
‘‘(ii) the United States court of ap-
peals for the circuit in which the person re-
sides or maintains a principal place of 
business. 
‘‘(B) JURISDICTION.—The United States 
courts of appeals shall have exclusive jurisdic-
tion 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 ju-
risdiction 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 At-
torney 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 pro-
ceedings for a rulemaking on which the 
Administrator based the regulation; and 
‘‘(ii) any transfer of proceedings be-
tween 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 para-
graph. 
‘‘(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 ex-
pert witnesses) if the court determines that 
such an award is appropriate. 
‘‘(G) OTHER
REMEDIES.—The remedies 
provided under this paragraph shall be in addi-
tion to and not in lieu of remedies provided 
under any other provision of law. 
‘‘(3) SOLE PROCEDURE.—