‘‘(e) ACTION BY THE ADMINISTRATOR UPON NEW 
LISTING OR OTHER CHANGES.— 
‘‘(1) RULEMAKING.— 
‘‘(A) AUTHORITY.—If either— 
‘‘(i) the Conference decides to amend 
Annex A or B of the POPs Convention to 
list an additional chemical substance or 
mixture; or 
‘‘(ii) the parties to the LRTAP POPs 
Protocol decide to amend Annex I or II to 
the LRTAP POPs Protocol to list an addi-
tional chemical substance or mixture, 
the Administrator may issue rules to prohibit or 
restrict the manufacture, processing, distribu-
tion in commerce for export, use, or disposal of 
the additional chemical substance or mixture to 
the extent necessary to protect human health 
and the environment in a manner that achieves 
a reasonable balance of social, environmental, 
and economic costs and benefits. The Adminis-
trator may modify rules issued under this para-
graph, consistent with the requirements of this 
paragraph. 
‘‘(B) SCOPE OF RULEMAKING.—The Ad-
ministrator may issue rules under subparagraph
(A) only to meet, in whole or in part, the obli-
gations of the United States under the POPs 
Convention or LRTAP POPs Protocol if the 
United States were to consent to be bound for 
that applicable amendment referred to in sub-
paragraph (A). 
‘‘(C) EFFECTIVE DATE FOR RULES.—No 
rule issued under this paragraph shall take ef-
fect until the United States has consented to be 
bound by the amendment agreed to by a deci-
sion under subparagraph (A)(i) or (ii). 
‘‘(2) CONSIDERATIONS.—In taking an action 
under paragraph (1), the Administrator shall con-
sider— 
‘‘(A) a scientific assessment of the effects 
of such chemical substance or mixture on health 
and the magnitude and impact of the exposure 
of human beings to such chemical substance or 
mixture; 
‘‘(B) a scientific assessment of the effects 
of such chemical substance or mixture on the 
environment and the magnitude and impact of 
the exposure of the environment to such chem-
ical substance or mixture;
‘‘(C) the benefits of such chemical sub-
stance or mixture for various uses and the 
availability, risks, and economic consequences of 
substitutes for such uses, considering factors 
described in subparagraph (D); 
‘‘(D) the reasonably ascertainable economic 
consequences of the proposed prohibition or 
other regulation, after consideration of the ef-
fect on the national economy, small business, 
technological innovation, the environment, and 
public health, including the degree to which the 
manufacture, processing, distribution in com-
merce for export, use, or disposal of the chem-
ical substance or mixture is necessary to pre-
vent significant harm to an important sector of 
the economy; and 
‘‘(E) 
national 
and 
international 
con-
sequences that are likely to arise as a result of 
domestic regulatory action (including the pos-
sible consequences of using alternative products 
or processes). 
‘‘(3) ADDITIONAL CONSIDERATIONS.—The Ad-
ministrator may also consider—
‘‘(A) with regard to chemical substances or 
mixtures listed in Annex A or B of the POPs 
Convention— 
‘‘(i) recommendations of the POPs 
Review Committee under paragraph 9 of 
Article 8 of the POPs Convention; 
‘‘(ii) the Conference listing decision; 
and 
‘‘(iii) any information that the United 
States submits to the POPs Review Com-
mittee or to the Conference pursuant to 
Article 8 of the POPs Convention; and 
‘‘(B) with regard to chemical substances or 
mixtures listed in Annex I or II of the LRTAP 
POPs Protocol— 
‘‘(i) any technical review conducted 
pursuant to paragraph 2 of the Executive 
Body Decision 1998/2; 
‘‘(ii) the LRTAP POPs Protocol list-
ing decision; and 
‘‘(iii) any information that the United 
States submitted to the Executive Body, or 
a subsidiary of the Executive Body, in re-
lation to such a technical review or listing 
decision.