‘‘(vi) the expected date of export; 
‘‘(vii) any information relating to the 
foreseen uses of the chemical substance or 
mixture, if known, in the importing foreign 
state; 
‘‘(viii) 
any 
information 
on 
pre-
cautionary measures to reduce exposure to, 
and emission of, the chemical substance or 
mixture; 
‘‘(ix) any information relating to the 
concentration of the chemical substance or 
mixture; and 
‘‘(x) any other information specified 
in Annex V to the PIC Convention. 
‘‘(B) 
NOTICES
UNDER
PARAGRAPH 
(1)(C).—A notice under paragraph (1)(C) shall 
include— 
‘‘(i) all of the information required to 
be included under subparagraph (A); 
‘‘(ii) any information relating to ex-
port conditions or restrictions identified by 
the Administrator in the notice issued 
under subsection (d)(3) with respect to the 
chemical substance or mixture;
‘‘(iii) a general description of the 
manner in which the export complies with 
those conditions; and 
‘‘(iv) any other information that the 
Administrator determines to be necessary 
for effective enforcement of the export con-
ditions or restrictions applicable to the 
chemical substance or mixture. 
‘‘(C) 
NOTICES
UNDER
PARAGRAPH 
(1)(D).—A notice submitted to the Adminis-
trator under paragraph (1)(D) shall include— 
‘‘(i) the name and address of the ex-
porter; 
‘‘(ii) the name and address of the im-
porter; 
‘‘(iii) a specification of the identity of 
the POPs chemical substance or mixture; 
‘‘(iv) a general description of how the 
export complies with the conditions under 
paragraph (6) or (7) of section 502(c); and 
‘‘(v) such other information as the 
Administrator determines to be necessary 
for enforcement of the export-related obli-
gations of the POPs Convention applicable 
to the chemical substance or mixture.
‘‘(4) PRE-EXPORT
NOTICES
ACCOMPANYING 
EACH
EXPORT.—An exporter shall ensure that a 
copy of the most recent applicable pre-export notice 
accompanies each shipment for export and is avail-
able for inspection upon export from the United 
States of— 
‘‘(A) any chemical substance or mixture 
that the Administrator has identified under 
subsection (d)(3) as being listed on Annex III 
of the PIC Convention; or 
‘‘(B) any POPs chemical substance or mix-
ture that is exported under paragraph (6) or 
(7) of section 502(c). 
‘‘(5) RETENTION OF PRE-EXPORT NOTICES.— 
An exporter required to provide a notice under sub-
paragraph (C) or (D) of paragraph (1) shall main-
tain a copy of the notice and other documents used 
to generate the notice and have it readily available 
for a period of not less than 3 years beginning on 
the date on which the notice is provided. 
‘‘(c) LABELING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—In the case of any chemical 
substance or mixture that is the subject of a notice 
issued under paragraph (1) or (3) of subsection (d) 
and that is manufactured, processed, or distributed
in commerce for export, the chemical substance or 
mixture shall, in accordance with the PIC Conven-
tion— 
‘‘(A) bear labeling information relating to 
risks or hazards to human health or the envi-
ronment; and 
‘‘(B) be accompanied by shipping docu-
ments that include any relevant safety data 
sheets on the chemical substance or mixture. 
‘‘(2) CUSTOM CODES.—A chemical substance or 
mixture that is the subject of a notice issued under 
subsection (d)(3) and that is distributed or sold for 
export shall be accompanied by shipping documents 
that bear, at a minimum, any appropriate har-
monized system customs codes assigned by the 
World Customs Organization. 
‘‘(d) NOTICE REQUIREMENTS AND EXEMPTION.— 
‘‘(1) DETERMINATION
WHETHER
CHEMICAL 
SUBSTANCE OR MIXTURE IS BANNED OR SEVERELY 
RESTRICTED.— 
‘‘(A) IN GENERAL.—The Administrator, in 
consultation with the Secretary of State, shall 
determine whether a chemical substance or mix-
ture is banned or severely restricted within the
United States (as those terms are defined by 
the PIC Convention). 
‘‘(B) NOTICE OF DETERMINATIONS.—Not-
withstanding any other provision of law, the 
Administrator shall issue to the Secretariat of 
the PIC Convention and the public a notice of 
each determination under subparagraph (A) 
that includes— 
‘‘(i) in the case of a notice to the Sec-
retariat of the PIC Convention, the infor-
mation specified in Annex I to the PIC 
Convention; and 
‘‘(ii) in the case of a notice to the 
public, at a minimum, a summary of that 
information. 
‘‘(2) NOTICE TO FOREIGN COUNTRIES.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, on receipt of a notice of 
intent to export under subsection (b)(1)(B), the 
Administrator shall provide a copy of the notice 
to the designated national authority of the im-
porting foreign state. 
‘‘(B) NONIDENTIFIED
DESIGNATED
NA-
TIONAL AUTHORITY.—In a case in which a des-
ignated national authority has not been identi-
fied, the Administrator shall provide the notice 
of intent to export to any other appropriate of-
ficial of the importing foreign state, as identi-
fied by the Administrator. 
‘‘(3) NOTICE TO PUBLIC.— 
‘‘(A) IN GENERAL.—The Administrator, in 
consultation with the Secretary of State, shall 
issue a notice to inform the public of— 
‘‘(i) any chemical substance or mix-
ture that is listed on Annex III to the PIC 
Convention; and 
‘‘(ii) any condition or restriction of an 
importing foreign state that is applicable 
to the import, in accordance with the PIC 
Convention, of the chemical substance or 
mixture. 
‘‘(B) TIMING.—A notice required under 
subparagraph (A) shall be issued not later than 
90 days after, and any conditions or restrictions 
described in subparagraph (A)(ii) shall take ef-
fect not later than 180 days after, the date of 
receipt of a notice from the Secretariat of the 
PIC Convention who— 
‘‘(i) transmits import decisions of the 
parties to the PIC Convention; or
‘‘(ii) provides notice of the failure of 
the parties to provide import decisions. 
‘‘(C) TREATMENT OF CONDITIONS AND RE-
STRICTIONS.—A condition or restriction identi-
fied by a notice required under subparagraph 
(A) shall be considered to be an export condi-
tion or restriction for the purpose of subsection 
(a). 
‘‘(4) NOTICE
OF
EXEMPTION.—The Adminis-
trator may issue a notice exempting any chemical 
substance or mixture from the requirements of sub-
sections (a) through (c) and this subsection if the 
Administrator determines, in consultation with the 
Secretary of State, that the exemption would be con-
sistent with the PIC Convention. 
‘‘(5) INTEGRATION WITH OTHER NOTICES.—To 
the maximum extent practicable, the Administrator 
shall integrate the information contained in any no-
tice issued under this subsection into any notice 
published under— 
‘‘(A) section 12(b); or 
‘‘(B) section 502. 
‘‘(e) REGULATIONS.—The Administrator may pro-
mulgate such regulations as the Administrator determines 
to be necessary—
‘‘(1) to facilitate implementation of this section; 
‘‘(2) to ensure compliance with the PIC Con-
vention; and 
‘‘(3) to allow the pre-export notice requirement 
under this section and any pre-export notice require-
ment in other provisions of this Act or in any other 
Federal law to be satisfied by a single notice. 
‘‘(f) HARMONIZATION OF POPS CONVENTION AND 
PIC CONVENTION.— 
‘‘(1) IN GENERAL.—If the export of a chemical 
substance or mixture is addressed or restricted 
under both section 502 and this section, that section 
and this section shall apply to the chemical sub-
stance or mixture. 
‘‘(2) CONFLICT.—In the case of a conflict be-
tween section 502 and this section with respect to a 
chemical substance or mixture, the more stringent 
provision shall govern. 
‘‘(3) APPLICATION.—With respect to a chemical 
substance or mixture, section 502 and this section 
shall be applied in such a manner as to ensure that 
the United States is in compliance with the POPs 
Convention and the PIC Convention with respect to 
the chemical substance or mixture.
‘‘SEC. 506. RULES OF CONSTRUCTION. 
‘‘Nothing in this title— 
‘‘(1) shall be construed to require the United 
States to register for any specific exemption avail-
able to the United States under Annex A or B to the 
POPs Convention or any acceptable purpose avail-
able to the United States under Annex B to the 
POPs Convention; or 
‘‘(2) affects the authority of the Administrator 
to regulate a chemical substance or mixture under 
any other law or any other provision of this Act. 
‘‘SEC. 507. APPLICABILITY. 
‘‘A requirement of this title that relates to the 
LRTAP POPs Protocol, the POPs Convention, or the PIC 
Convention shall be effective only if the United States is 
a party to such Protocol or Convention.’’. 
SEC. 3. POLYCHLORINATED BIPHENYLS (PCBS). 
Section 6(e) of the Toxic Substance Control Act (15 
U.S.C. 2605(e)) is amended— 
(1) by adding at the end of paragraph (3) the 
following new subparagraph: 
‘‘(D) The Administrator may not, after the date of 
enactment of this subparagraph, grant an exemption 
under subparagraph (B) unless the manufacturing, proc-
essing, or distribution in commerce with respect to which
such exemption applies is authorized under section 503(f) 
or (g), subject to section 503(h).’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(6) Notwithstanding any other provision of this sub-
section, no person may distribute in commerce for export 
equipment (including transformers, capacitors, and other 
receptacles) containing greater than 0.05 liters of liquid 
stock that contains greater than 0.005 percent poly-
chlorinated biphenyls, except for the purpose of environ-
mentally sound waste management to the extent that such 
distribution in commerce for export is authorized by Fed-
eral law.’’. 
SEC. 4. EXPORTS. 
Section 12(a)(1) of the Toxic Substances Control Act 
(15 U.S.C. 2611(a)(1)) is amended by striking ‘‘(other 
than section 8)’’ and inserting ‘‘(other than section 8 or 
title V)’’. 
SEC. 5. PROHIBITED ACTS. 
Section 15 of the Toxic Substances Control Act (15 
U.S.C. 2614) is amended to read as follows: 
‘‘SEC. 15. PROHIBITED ACTS. 
‘‘It shall be unlawful for any person to— 
‘‘(1) fail or refuse to comply with—
‘‘(A) any rule promulgated or order issued 
under section 4; 
‘‘(B) any requirement prescribed by section 
5 or 6; 
‘‘(C) any rule promulgated or order issued 
under section 5 or 6; 
‘‘(D) any requirement of title II; 
‘‘(E) any rule promulgated or order issued 
under title II; 
‘‘(F) any requirement of title V; or 
‘‘(G) any rule promulgated under title V; 
‘‘(2) use for commercial purposes a chemical 
substance or mixture that the person knew or had 
reason to know was manufactured, processed, or dis-
tributed in commerce in violation of— 
‘‘(A) section 5 or 6; 
‘‘(B) a rule promulgated or order issued 
under section 5 or 6; or 
‘‘(C) an order issued in a civil action 
brought under section 5 or 7; 
‘‘(3) use for commercial purposes a chemical 
substance or mixture that the person knew or had 
reason to know was manufactured, processed, dis-
tributed in commerce for export, used, or disposed of 
in violation of—
‘‘(A) title V; or 
‘‘(B) a rule promulgated under title V; 
‘‘(4) fail or refuse to establish or maintain 
records, submit reports, notices, or other informa-
tion, or permit access to or copying of records as re-
quired by this Act (including regulations promul-
gated under this Act); or 
‘‘(5) fail or refuse to permit entry or inspection 
as required under section 11.’’. 
SEC. 6. CONFORMING AMENDMENTS. 
(a) Section 11 of the Toxic Substances Control Act 
(15 U.S.C. 2610) is amended in subsections (a) and (b) 
by striking ‘‘title IV’’ each place it appears and inserting 
‘‘title IV or V’’. 
(b) Section 13(a)(1) of the Toxic Substances Control 
Act (15 U.S.C. 2612(a)(1)) is amended by striking sub-
paragraph (B) and inserting the following: 
‘‘(B) it is offered for entry in violation of— 
‘‘(i) section 5 or 6; 
‘‘(ii) title IV or V; 
‘‘(iii) a rule or order issued under section 
5 or 6 or title IV or V; or 
‘‘(iv) an order issued in a civil action 
brought under section 5 or 6 or title IV.’’.
(c) Section 16 of the Toxic Substances Control Act 
(15 U.S.C. 2615) is amended by striking ‘‘section 15 or 
409’’ each place it appears and inserting ‘‘section 15, sec-
tion 409, or title V’’. 
(d) Section 17 of the Toxic Substances Control Act 
(15 U.S.C. 2616) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘section 15 or 409,’’ and inserting ‘‘section 
15, section 409, or title V;’’; 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) restrain any person from taking any ac-
tion prohibited by section 5 or 6, or title IV or V 
(or a rule or order issued under any of those sec-
tions or titles);’’; 
(iii) in subparagraph (C), by striking 
‘‘, or’’ and inserting ‘‘; or’’; and 
(iv) in subparagraph (D)— 
(I) by striking ‘‘title IV manufac-
tured’’ and inserting ‘‘title IV or V 
manufactured’’; and 
(II) by striking ‘‘section 5, 6, or 
title IV’’ each place it appears and in-
serting ‘‘section 5 or 6, or title IV or 
V’’; and 
(B) in paragraph (2)(A), by inserting ‘‘or 
title V’’ after ‘‘section 15’’; and 
(2) in the first sentence of subsection (b), by in-
serting ‘‘or V’’ after ‘‘title IV’’. 
(e) Section 18(a)(2) of the Toxic Substances Control 
Act (15 U.S.C. 2617(a)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(C) no State or political subdivision may es-
tablish or continue in effect any requirement that is 
applicable to a POPs chemical substance or mixture 
or LRTAP POPs chemical substance or mixture (as 
defined in title V) for which a listing under Annex 
A or B of the POPs Convention or Annex I or II 
of the LRTAP POPs Protocol has entered into force 
for the United States, if such requirement is less 
stringent than control measures and other require-
ments adopted by the United States under section 
502(h) with respect to the chemical substance or 
mixture.’’.
(f) Section 20(a)(1) of the Toxic Substances Control 
Act (15 U.S.C. 2619(a)(1)) is amended by striking ‘‘title 
II or IV’’ each place it appears and inserting ‘‘title II, 
IV, or V’’. 
Æ