‘‘(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, distribution 
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 reason-
able balance of social, environmental, and eco-
nomic costs and benefits. Such costs and benefits 
include both qualitative and quantitative costs 
and benefits. The Administrator may modify 
rules issued under this paragraph, consistent 
with the requirements of this paragraph. 
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‘‘(B) SCOPE OF RULEMAKING.—The Admin-
istrator may issue rules under subparagraph (A) 
only to meet, in whole or in part, the obligations 
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 subparagraph (A). 
‘‘(C) EFFECTIVE
DATE
FOR
RULES.—No 
rule issued under this paragraph shall take effect 
until the United States has consented to be 
bound by the amendment agreed to by a decision 
under subparagraph (A)(i) or (ii). 
‘‘(2) CONSIDERATIONS.—(A) In taking an action 
under paragraph (1), the Administrator shall con-
sider— 
‘‘(i) the effects of such chemical substance or 
mixture on health and the magnitude and im-
pact of the exposure of human beings to such 
chemical substance or mixture; 
‘‘(ii) the effects of such chemical substance 
or mixture on the environment and the mag-
nitude and impact of the exposure of the envi-
ronment to such chemical substance or mixture; 
‘‘(iii) the benefits of such chemical substance 
or mixture for various uses and the availability, 
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risks, and economic consequences of substitutes 
for such uses, considering factors described in 
clause (iv); 
‘‘(iv) the reasonably ascertainable economic 
consequences of the proposed prohibition or other 
regulation, after consideration of the effect on the 
national economy, small business, technological 
innovation, the environment, and public health, 
including the degree to which the manufacture, 
processing, distribution in commerce for export, 
use, or disposal of the chemical substance or mix-
ture is necessary to prevent significant harm to 
an important sector of the economy; and 
‘‘(v) 
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). 
‘‘(B) Nothing in this paragraph shall be inter-
preted to prevent the Administrator from using the 
information described in paragraph (3), along with 
any other information provided during the comment 
period with respect to the rulemaking under para-
graph (1), to carry out this paragraph. 
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‘‘(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 Re-
view Committee under paragraph 9 of Arti-
cle 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 Ar-
ticle 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 listing 
decision; and 
‘‘(iii) any information that the United 
States submitted to the Executive Body, or 
a subsidiary of the Executive Body, in rela-
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