‘‘(4) ASSESSMENT OF RISKS OR EFFECTS.—In 
assessing risks and effects, the Administrator shall 
use sound and objective scientific practices, and 
shall determine the weight of the scientific evidence 
concerning such risks or effects based on the best 
available scientific information, including peer-re-
viewed 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 
subsection. 
‘‘(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 pro-
hibitions described in section 502(a), shall not apply 
to any manufacture, processing, distribution in com-
merce for export, use, or disposal of a POPs chem-
ical substance or mixture that the Administrator de-
termines, through final rules promulgated under 
subsection (e)(1), with the concurrence of the Sec-
retary 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 mix-
ture under the POPs Convention. 
‘‘(2) 
UNINTENTIONAL
TRACE
CONTAMI-
NANTS.—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 quantity of a POPs chemical substance or 
mixture that occurs as an unintentional trace con-
taminant 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 apply to any quantity of a POPs chemical sub-
stance or mixture that is used for laboratory scale 
research or as a reference standard.
‘‘(4) CONSTITUENT
OF
ARTICLE
IN
USE
BE-
FORE
PROHIBITION
APPLIED.—Prohibitions or re-
strictions 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 con-
stituent 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 
notify the Secretariat of the POPs Convention 
concerning 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 
substance or mixture that is manufactured and 
used as a closed-system site-limited inter-
mediate that is chemically transformed in the
manufacture of other chemicals that do not ex-
hibit the characteristics of persistent organic 
pollutants. 
‘‘(B) CONDITIONS.—Subparagraph (A) ap-
plies if, before the commencement of the manu-
facture or use under the POPs Convention, and 
before each 10-year period thereafter— 
‘‘(i) any person that desires to invoke 
the exemption provides to the Adminis-
trator information concerning— 
‘‘(I) the annual total quantity of 
the POPs chemical substance or mix-
ture anticipated to be manufactured 
or used, or a reasonable estimate of 
the quantity; and 
‘‘(II) the nature of the closed 
system site-limited process, including 
the quantity of any nontransformed 
and unintentional trace contamination 
by the POPs chemical substance or 
mixture that remains in the final 
product; and 
‘‘(ii) notwithstanding any other provi-
sion of law, the Administrator—