facture of 1 or more different substances and that 
is subsequently chemically transformed; 
‘‘(F) the production of HCH, the use of 
technical HCH (i.e., HCH mixed isomers) as an 
intermediate in chemical manufacturing, and 
the use of products in which 99 percent of the 
HCH isomer is in the gamma form (i.e. lindane, 
CAS:58-89-9) so long as such use is restricted 
to— 
‘‘(i) seed treatment; and 
‘‘(ii) public health, 
unless the Administrator, by rule, restricts the 
application of this subparagraph consistent with 
an amendment to the LRTAP POPs Protocol 
specifically addressing HCH; 
‘‘(G) any quantity of a LRTAP POPs 
chemical substance or mixture that has become 
waste that is otherwise regulated under Federal 
law; 
‘‘(H) any distribution in commerce for ex-
port of a LRTAP POPs chemical substance or 
mixture if the distribution in commerce for ex-
port is conducted in an environmentally sound 
manner; or 
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‘‘(I) any import of a LRTAP POPs chem-
ical substance or mixture if the import is con-
ducted in an environmentally sound manner. 
‘‘(2) EXEMPTIONS BY ADMINISTRATOR.—The Ad-
ministrator may grant an exemption from prohibi-
tions or restrictions included in rules issued under 
subsection (e)(1), and the prohibitions described in 
section 502(a), that the Administrator, in concurrence 
with the Secretary of State, determines is 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 prohi-
bitions or restrictions included in rules issued 
under subsection (e)(1), and the prohibitions de-
scribed in section 502(a). 
‘‘(B) GRANT OR DENIAL OF PETITION.—The 
Administrator, with the concurrence of the Sec-
retary of State, shall— 
‘‘(i) if the petition is authorized for the 
United States under, and is otherwise con-
sistent with, the LRTAP POPs Protocol, 
grant the petition with such conditions or 
limitations as are necessary to meet any re-
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quirement of the LRTAP POPs Protocol or 
any other provision of law; or 
‘‘(ii) deny the petition. 
‘‘(4) PROVISION
OF
INFORMATION
TO
SECRE-
TARIAT.—If the Administrator grants an exemption 
under paragraph (2) or (3), the Administrator, not 
later than 90 days after the date on which the exemp-
tion 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 Pro-
tocol. 
‘‘(5) DISALLOWANCE OF EXEMPTION BY LRTAP 
POPS PROTOCOL.— 
‘‘(A) IN GENERAL.—If, after an exemption 
has been granted under paragraph (2) or (3), the 
exemption is no longer consistent with the re-
quirements of paragraph (2) or (3), the Adminis-
trator shall withdraw the grant of such exemp-
tion. 
‘‘(B) PUBLICATION OF NOTICE IN FEDERAL 
REGISTER.—The Administrator shall publish in 
the Federal Register a notice announcing the 
withdrawal under subparagraph (A) of any ex-
emption. 
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‘‘(6) NO
EFFECT
ON
OTHER
PROHIBITIONS.— 
Nothing in this subsection authorizes any manufac-
ture, processing, distribution in commerce for export, 
use, or disposal of a LRTAP POPs chemical sub-
stance or mixture that is prohibited under any other 
Act or any other title of this Act. 
‘‘(h) HARMONIZATION
OF POPS CONVENTION
AND 
LRTAP POPS PROTOCOL.— 
‘‘(1) IN GENERAL.—If a chemical substance or 
mixture is both a POPs chemical substance or mix-
ture and a LRTAP POPs chemical substance or mix-
ture, in the case of a conflict between a provision of 
subsection (f) applicable to a POPs chemical sub-
stance or mixture and a provision of subsection (g) 
applicable to a LRTAP POPs chemical substance or 
mixture, the more stringent provision shall apply, as 
determined by the Administrator with the concurrence 
of the Secretary of State. 
‘‘(2) APPLICATION.—In the case of a chemical 
substance or mixture described in paragraph (1), sub-
sections (f) and (g) 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. 
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