tion to such a technical review or listing de-
cision. 
‘‘(4) ASSESSMENT OF RISKS OR EFFECTS.—In 
assessing risks and effects, the Administrator shall use 
sound and objective scientific practices, and shall de-
termine the weight of the scientific evidence con-
cerning such risks or effects based on the best avail-
able scientific information, including peer-reviewed 
studies, in the rulemaking record. 
‘‘(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 sub-
section. 
‘‘(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 prohi-
bitions described in section 502(a), shall not apply to 
any manufacture, processing, distribution in com-
merce for export, use, or disposal of a POPs chemical 
substance or mixture that the Administrator deter-
mines, through final rules promulgated under sub-
VerDate Aug 31 2005 
23:42 Nov 17, 2006
Jkt 059200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H4591.RH
H4591
hmoore on PROD1PC68 with HMBILLS
section (e)(1), with the concurrence of the Secretary 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 
‘‘(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 mixture 
under the POPs Convention. 
‘‘(2) UNINTENTIONAL
TRACE
CONTAMINANTS.— 
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 occurs as 
an unintentional trace contaminant 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 
VerDate Aug 31 2005 
23:42 Nov 17, 2006
Jkt 059200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H4591.RH
H4591
hmoore on PROD1PC68 with HMBILLS
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.—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 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 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 no-
tify the Secretariat of the POPs Convention con-
cerning 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 
VerDate Aug 31 2005 
23:42 Nov 17, 2006
Jkt 059200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H4591.RH
H4591
hmoore on PROD1PC68 with HMBILLS