‘‘(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— 
‘‘(I) determines, with the concur-
rence of the Secretary of State, that 
the information provided under clause 
(i) is complete and sufficient; and 
‘‘(II) transmits the information 
to the Secretariat of the POPs Con-
vention. 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(C) TERMINATION
OF
EXEMPTION.—If, 
at the termination of any exemption under sub-
paragraph (A), a particular closed-system site- 
limited intermediate exemption is no longer au-
thorized for the United States under the POPs 
Convention, no further exemption shall be avail-
able under subparagraph (A). 
‘‘(6) DISTRIBUTION IN COMMERCE FOR EXPORT 
IF
PRODUCTION
OR
USE-SPECIFIC
EXEMPTION
OR 
ACCEPTABLE PURPOSE IS IN EFFECT.— 
‘‘(A) IN
GENERAL.—Prohibitions or re-
strictions included in rules issued under sub-
section (e)(1), and the prohibitions described in 
section 502(a), shall not apply to any distribu-
tion in commerce for export of any POPs chem-
ical substance or mixture for which a produc-
tion or use specific exemption under Annex A to 
the POPs Convention available to the United 
States is in effect, or for which a production or 
use specific exemption or acceptable purpose 
under Annex B to the POPs Convention avail-
able to the United States is in effect, unless— 
‘‘(i) if the export is for purposes of 
disposal, the export does not comply with 
an export condition described in subpara-
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
graph (B), as determined by the Adminis-
trator in consultation with the heads of 
other interested Federal agencies; or 
‘‘(ii) the export does not comply with 
an export condition described in subpara-
graph (C), or (D), as applicable, as deter-
mined by the Administrator in consultation 
with the heads of other interested Federal 
agencies and with the concurrence of the 
Secretary of State and the United States 
Trade Representative. 
‘‘(B) EXPORT
FOR
ENVIRONMENTALLY 
SOUND
DISPOSAL.—An export condition re-
ferred to in subparagraph (A)(i) is that the 
POPs chemical substance or mixture is ex-
ported for the purpose of environmentally sound 
disposal. 
‘‘(C) EXPORT TO PARTY WITH PERMISSION 
TO USE.—An export condition referred to in 
subparagraph (A)(ii) is that the POPs chemical 
substance or mixture is exported to a party to 
the POPs Convention that is permitted to use 
the POPs chemical substance or mixture under 
Annex A or B to the POPs Convention. 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(D) EXPORT
TO
NONPARTY
THAT
HAS 
PROVIDED NONPARTY CERTIFICATION.— 
‘‘(i) IN GENERAL.—An export condi-
tion referred to in subparagraph (A)(ii) is 
that the POPs chemical substance or mix-
ture is exported to an importing foreign 
state that— 
‘‘(I) is not a party to the POPs 
Convention with respect to the POPs 
chemical substance or mixture; and 
‘‘(II) has provided an annual cer-
tification described in clause (ii) to 
the Administrator. 
‘‘(ii) COMMITMENTS
BY
IMPORTING 
NONPARTY.—Consistent with the POPs 
Convention, an annual nonparty certifi-
cation under clause (i) shall specify the in-
tended use of the POPs chemical substance 
or mixture and state that, with respect to 
the POPs chemical substance or mixture, 
the importing nonparty is committed to— 
‘‘(I) protecting human health and 
the environment by taking necessary 
measures to minimize or prevent re-
leases; 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(II) complying with paragraph 
1(d) of Article 6 of the POPs Conven-
tion; and 
‘‘(III) complying, to the extent 
appropriate, with paragraph 2 of Part 
II of Annex B to the POPs Conven-
tion. 
‘‘(iii) 
SUPPORTING
DOCUMENTA-
TION.—Each nonparty certification shall 
include any appropriate supporting docu-
mentation, such as legislation, regulatory 
instruments, and administrative or policy 
guidelines. 
‘‘(iv) SUBMISSION
TO
SECRETARIAT 
OF POPS CONVENTION.—Not later than 60 
days after the date of receipt of a complete 
nonparty certification, the Administrator 
shall submit a copy of the nonparty certifi-
cation to the Secretariat of the POPs Con-
vention. 
‘‘(E) INFORMATION
RELEVANT
TO
EX-
PORTS.—The Administrator, with the concur-
rence of the Secretary of State, shall make 
available to the public, and keep current, a list 
of— 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(i) parties to the POPs Convention; 
‘‘(ii) production and use specific ex-
emptions available to the United States; 
‘‘(iii) parties to the POPs Convention 
that are permitted to use each POPs 
chemical substance or mixture under 
Annex A or B of the POPs Convention; 
and 
‘‘(iv) chemical substances and mix-
tures for which no production or use spe-
cific exemptions are in effect for any party 
to the POPs Convention. 
‘‘(7) EXPORT FOR ENVIRONMENTALLY SOUND 
DISPOSAL IF NO PRODUCTION OR USE SPECIFIC EX-
EMPTION IN EFFECT.—Prohibitions or restrictions 
included in rules issued under subsection (e)(1), and 
the prohibitions described in section 502(a), shall 
not apply to any distribution in commerce for export 
for the purpose of environmentally sound disposal of 
a POPs chemical substance or mixture listed in 
Annex A to the POPs Convention for which no pro-
duction or use specific exemption is in effect for any 
party to the POPs Convention. 
‘‘(8) IMPORTS FOR ENVIRONMENTALLY SOUND 
DISPOSAL.—Prohibitions or restrictions included in 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
rules issued under subsection (e)(1), and the prohi-
bitions described in section 502(a), shall not apply 
to a POPs chemical substance or mixture that is im-
ported for the purpose of environmentally sound dis-
posal. 
‘‘(9) WASTE.—Prohibitions or restrictions in-
cluded 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, including any article that consists 
of, contains, or is contaminated with a POPs chem-
ical substance or mixture, that has become waste 
that is otherwise regulated under Federal law. 
‘‘(10) NO EFFECT ON OTHER PROHIBITIONS.— 
Nothing in this subsection authorizes any manufac-
ture, processing, distribution in commerce for ex-
port, use, or disposal of a POPs chemical substance 
or mixture that is prohibited under any other Act or 
any other title of this Act. 
‘‘(g) EXEMPTIONS UNDER LRTAP POPS PRO-
TOCOL.— 
‘‘(1) IN GENERAL.—Prohibitions or restrictions 
included in rules issued under subsection (e)(1), and 
the prohibitions described in section 502(a), shall 
not apply to— 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(A) any manufacture, processing, dis-
tribution in commerce for export, use, or dis-
posal of a LRTAP POPs chemical substance or 
mixture that— 
‘‘(i) the Administrator determines, 
through final rules promulgated under sub-
section (e)(1), with the concurrence of the 
Secretary of State, is consistent with an al-
lowed restricted use or condition available 
to the United States under Annex I or II 
to the LRTAP POPs Protocol; and 
‘‘(ii) the Administrator determines, 
through final rules promulgated under sub-
section (e)(1), with the concurrence of the 
Secretary of State, 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 mixture under the 
LRTAP POPs Protocol; 
‘‘(B) any quantity of a LRTAP POPs 
chemical substance or mixture that is used for 
laboratory scale research or as a reference 
standard; 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(C) any quantity of a LRTAP POPs 
chemical substance or mixture that occurs as a 
contaminant in a product; 
‘‘(D) any quantity of a LRTAP POPs 
chemical substance or mixture that is in an ar-
ticle manufactured or in use on or before— 
‘‘(i) the implementation date for the 
United States of any applicable obligation 
under the LRTAP POPs Protocol; or 
‘‘(ii) in the case of any LRTAP POPs 
chemical substance or mixture added to 
any applicable Annex after the implemen-
tation date for the United States of the ap-
plicable obligation of the LRTAP POPs 
Protocol, the implementation date in the 
amendment to the LRTAP POPs Protocol 
that makes the addition; 
‘‘(E) any quantity of a LRTAP POPs 
chemical substance or mixture that occurs as a 
site-limited chemical intermediate in the manu-
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 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
the use of products in which 99 percent of the 
HCH isomer is in the gamma form (i.e. lin-
dane, CAS:58-89-9) so long as such use is re-
stricted 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 
‘‘(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 
Administrator may grant an exemption from prohi-
bitions or restrictions included in rules issued under 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
subsection (e)(1), and the prohibitions described in 
section 502(a), that the Administrator, in concur-
rence with the Secretary of State, determines is con-
sistent with the exemptions authorized under para-
graph 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 
described in section 502(a). 
‘‘(B) GRANT OR DENIAL OF PETITION.— 
The Administrator, with the concurrence of the 
Secretary of State, shall— 
‘‘(i) if the petition is authorized for 
the United States under, and is otherwise 
consistent with, the LRTAP POPs Pro-
tocol, grant the petition with such condi-
tions or limitations as are necessary to 
meet any requirement 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 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
under paragraph (2) or (3), the Administrator, not 
later than 90 days after the date on which the ex-
emption 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 Protocol. 
‘‘(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 
requirements of paragraph (2) or (3), the Ad-
ministrator shall withdraw the grant of such ex-
emption. 
‘‘(B) PUBLICATION
OF
NOTICE
IN
FED-
ERAL REGISTER.—The Administrator shall pub-
lish in the Federal Register a notice announcing 
the withdrawal under subparagraph (A) of any 
exemption. 
‘‘(6) NO EFFECT ON OTHER PROHIBITIONS.— 
Nothing in this subsection authorizes any manufac-
ture, processing, distribution in commerce for ex-
port, use, or disposal of a LRTAP POPs chemical 
substance or mixture that is prohibited under any 
other Act or any other title of this Act. 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(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 
mixture, 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 concur-
rence of the Secretary of State. 
‘‘(2) APPLICATION.—In the case of a chemical 
substance or mixture described in paragraph (1), 
subsections (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. 
‘‘(i) ACTION BY THE ADMINISTRATOR UPON ADDI-
TION OF SOURCE CATEGORIES.— 
‘‘(1) APPLICABILITY.—If the Conference de-
cides to amend Annex C of the POPs Convention to 
add to Part II new source categories not already 
listed under section 112(c) of the Clean Air Act (42 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
U.S.C. 7412(c)) as major source categories, such de-
cision shall be published in the Federal Register. 
‘‘(2) CONFERENCE DECISION NOTICE.—A no-
tice of a Conference decision published in the Fed-
eral Register pursuant to paragraph (1) of this sub-
section shall identify the source category or cat-
egories that are the subject of the decision. The no-
tice shall include a summary of the Conference deci-
sion and request information and public comment. 
‘‘(j) ACTION PLANS.— 
‘‘(1) APPLICABILITY.—This subsection applies 
if the United States— 
‘‘(A) develops an action plan under Article 
5(a) of the POPs Convention; 
‘‘(B) undertakes a review of a submitted 
action plan under Article 5(a)(v) of the POPs 
Convention; 
‘‘(C) requires, under Article 5(c) of the 
POPs Convention, substitute or modified mate-
rials, products, or processes; or 
‘‘(D) requires, under Article 5(d) of the 
POPs Convention, the use of best available 
techniques. 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(2) REQUIREMENT.—Not later than 90 days 
after the date of an action described in paragraph 
(1), the Administrator shall— 
‘‘(A) publish in the Federal Register a no-
tice of such action; and 
‘‘(B) provide opportunity for public com-
ment on any action plan, review of an action 
plan, or requirement to be established pursuant 
to Article 5(c) or (d) of the POPs Convention. 
‘‘(3) 
AUTHORITY
TO
IMPLEMENT
ACTION 
PLAN.—An action to implement an action plan de-
veloped under Article 5(a) of the POPs Convention 
may be taken only to the extent that such action is 
authorized under the statutes of the United States. 
‘‘(k) DECISION CONCERNING A RULEMAKING.—If, 
within 1 year after a decision described in subsection 
(e)(1)(A)(i) or (ii), the United States has not, pursuant 
to Article 22 of the POPs Convention or Article 14 of the 
LRTAP POPs Protocol, deposited its instrument of ratifi-
cation, acceptance, accession, or approval with the Con-
vention or Protocol’s relevant body, for that chemical sub-
stance or mixture, the Administrator shall publish in the 
Federal Register— 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(1)(A) a notice of a decision to initiate a rule-
making process regarding the chemical substance or 
mixture; or 
‘‘(B) a notice that a rulemaking process regard-
ing the chemical substance or mixture will not be 
initiated and the reason for this decision, including, 
as appropriate, a discussion of the relevant informa-
tion obtained by the Administrator under this sec-
tion as well as other factors that the Administrator 
may have evaluated; or 
‘‘(2) a notice indicating the status of the Ad-
ministrator’s considerations on whether to publish a 
notice under paragraph (1), and an estimate of the 
timeframe expected for such a decision. 
‘‘SEC. 504. AMENDMENTS AND CONSULTATION. 
‘‘(a) CONSENT TO BE BOUND.—It is the sense of the 
Congress that the United States shall consent to be bound 
by an amendment to Annex A, B, or C of the POPs Con-
vention only after, pursuant to paragraph (4) of Article 
25 of the POPs Convention, the United States has de-
clared that such amendment shall enter into force upon 
ratification, acceptance, approval, or accession of the 
United States to such amendment. 
‘‘(b) CONSULTATION.— 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(1) IN GENERAL.—The President shall, as ap-
propriate, consult with Congress before consenting 
to bind the United States to an amendment to 
Annex A, B, or C of the POPs Convention. 
‘‘(2) REPORTING.—The President shall provide 
such other information relating to an amendment 
described in paragraph (1) as the Congress may re-
quest in the fulfillment of its constitutional respon-
sibilities with respect to the protection of public 
health and the environment. 
‘‘(3) CONGRESSIONAL
OVERSIGHT.—Informa-
tion provided pursuant to paragraph (2) shall be 
transmitted to the Committee on Energy and Com-
merce of the House of Representatives and to the 
Committee on Environment and Public Works of the 
Senate for appropriate action. 
‘‘SEC. 505. INTERNATIONAL COOPERATION AND NOTICE OF 
MEETINGS. 
‘‘In cooperation with the Secretary of State and the 
head of any other appropriate Federal agency, the Admin-
istrator shall— 
‘‘(1) participate and cooperate in any inter-
national efforts on chemical substances and mix-
tures; 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(2) participate in technical cooperation and ca-
pacity building activities designed to support imple-
mentation of— 
‘‘(A) the POPs Convention; 
‘‘(B) the LRTAP POPs Protocol; and 
‘‘(C) the PIC Convention; and 
‘‘(3) publish in the Federal Register timely ad-
vance notice of the known schedule and agenda of 
meetings on the POPs Convention, PIC Convention, 
and LRTAP POPs Protocol, and their subsidiary 
bodies, at which the United States will be rep-
resented. 
‘‘SEC. 506. EFFECT OF REQUIREMENTS. 
‘‘Any provision of this Act that establishes a require-
ment to comply with, or that is based on, a provision of 
the POPs Convention, the LRTAP POPs Protocol, or the 
PIC Convention shall be effective only to the extent that 
the United States has consented to be bound by that provi-
sion. 
‘‘SEC. 507. RULES OF CONSTRUCTION. 
‘‘Nothing in this title— 
‘‘(1) shall be construed to require the United 
States to register for a specific exemption available 
to the United States under Annex A or B to the 
POPs Convention or an acceptable purpose available 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
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 provision of this Act.’’. 
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 (2) the 
following new subparagraph: 
‘‘(D) The Administrator may not, after the date of 
enactment of this subparagraph, issue a rule authorizing 
activities, that were not previously authorized, under sub-
paragraph (B) unless the activities authorized are con-
sistent with the exemptions described in section 503(f) or 
(g), subject to section 503(h).’’; 
(2) 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 consistent with the exemptions 
described in section 503(f) or (g), subject to section 
503(h).’’; and 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
(3) 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. JUDICIAL REVIEW. 
Section 19 of the Toxic Substances Control Act (15 
U.S.C. 2618) is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘or IV’’ 
and inserting ‘‘, IV, or V’’; 
(2) in subsection (a)(3)(B), by striking ‘‘title 
IV, the finding’’ and inserting ‘‘title IV or V, the 
findings’’; 
(3) by striking ‘‘and’’ at the end of subpara-
graph (D) of subsection (a)(3); 
(4) by redesignating subparagraph (E) of sub-
section (a)(3) as subparagraph (F); 
(5) by inserting after subparagraph (D) of sub-
section (a)(3) the following new subparagraph: 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(E) for rules promulgated under section 
503(e), any written submission or other information 
the Administrator receives pursuant to subsection 
(a), (b), (c), or (d) of section 503; and’’; 
(6) in subsection (b), by inserting ‘‘(except a 
rule promulgated pursuant to section 503)’’ after 
‘‘this section to review a rule’’; and 
(7) in subsection (c)(1)(B)(i), by striking ‘‘or 
6(e)’’ and inserting ‘‘6(e), or 503(e)(1)’’. 
SEC. 5. EXPORTS. 
Section 12 of the Toxic Substances Control Act (15 
U.S.C. 2611) is amended— 
(1) in subsection (a)(1), by striking ‘‘subsection 
(b), this Act (other than section 8)’’ and inserting 
‘‘subsections (b) and (c), this Act (other than section 
8 and title V)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) EXPORTS UNDER THE PIC CONVENTION AND 
POPS CONVENTION.— 
‘‘(1) EXPORT CONDITIONS OR RESTRICTIONS.— 
In the case of a chemical substance or mixture iden-
tified by the Administrator as listed on Annex III of 
the PIC Convention in a notice issued under para-
graph (4)(C), any person that distributes in com-
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
merce for export the chemical substance or mixture 
shall comply with any export conditions or restric-
tions identified by the Administrator in the notice. 
‘‘(2) PRE-EXPORT NOTICES.— 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—In the case of— 
‘‘(I) a chemical substance or mix-
ture that the Administrator deter-
mines to be banned or severely re-
stricted under paragraph (4)(A); 
‘‘(II) a chemical substance or 
mixture identified by the Adminis-
trator in a notice issued under para-
graph (4)(C); or 
‘‘(III) a POPs chemical sub-
stance or mixture (for which a listing 
under Annex A or Annex B of the 
POPs Convention has entered into 
force for the United States), the ex-
port of which is not prohibited by sec-
tion 502(a) or rules promulgated pur-
suant to section 503(e), 
the exporter of the chemical substance or 
mixture shall provide to the Administrator 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
notice of the intent of the exporter to ex-
port the chemical substance or mixture. 
‘‘(ii) TIMING OF NOTICE FOR CHEM-
ICAL SUBSTANCES OR MIXTURES THAT ARE 
BANNED OR SEVERELY RESTRICTED.— 
‘‘(I) FIRST EXPORT.—In the case 
of a first export that an exporter 
makes from the United States to each 
importing foreign state after the Ad-
ministrator issues a notice under 
paragraph (4)(A), the exporter shall 
provide the notice required under 
clause (i) so that the Administrator 
receives the notice not earlier than 45 
nor later than 15 calendar days before 
the date of export. 
‘‘(II) SUBSEQUENT
EXPORTS.— 
In the case of subsequent exports to 
the importing foreign state in cal-
endar years subsequent to the notifi-
cation provided under subclause (I), 
the exporter shall provide the notice 
so that the Administrator receives the 
notice not earlier than 45 nor later 
than 15 calendar days before the date 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
of the first export in such calendar 
year. 
‘‘(iii) TIMING OF NOTICE FOR CHEM-
ICAL
SUBSTANCES
OR
MIXTURES
LISTED 
UNDER THE PIC CONVENTION.— 
‘‘(I) FIRST EXPORT.—In the case 
of a first export that an exporter 
makes from the United States to each 
importing foreign state after the Ad-
ministrator issues a notice under 
paragraph (4)(C), the exporter shall 
provide the notice required under 
clause (i) so that the Administrator 
receives the notice not earlier than 45 
nor later than 15 calendar days before 
the date of export. 
‘‘(II) SUBSEQUENT
EXPORTS.— 
In the case of subsequent exports by 
the exporter to the importing foreign 
state in calendar years subsequent to 
the notification provided under sub-
clause (I), the exporter shall provide 
the notice so that the Administrator 
receives the notice not earlier than 45 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
nor later than 15 calendar days before 
the date of the first such export. 
‘‘(III) CHANGED CIRCUMSTANCES 
MERITING
NEW
NOTICE.—If condi-
tions or restrictions imposed by the 
importing foreign state change and 
the Administrator notifies the public 
of 
the 
change 
under 
paragraph 
(4)(C), or if circumstances described 
by the exporter in an earlier pre-ex-
port 
notice 
have 
substantially 
changed, the exporter shall provide an 
additional notice under this subpara-
graph so that the Administrator re-
ceives the notice not earlier than 45 
nor later than 15 calendar days before 
the date of export. 
‘‘(iv) TIMING OF PRE-EXPORT NOTICE 
FOR THE EXPORT OF POPS CHEMICAL SUB-
STANCES OR MIXTURES WHICH ARE NOT 
PROHIBITED
UNDER
THE
POPS
CONVEN-
TION.— 
‘‘(I) FIRST EXPORT.—In the case 
of the first export that an exporter 
makes from the United States to each 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
importing foreign state of a chemical 
substance or mixture not prohibited 
from being exported by the prohibition 
in section 502(a) or rules promulgated 
pursuant to section 503(e), the ex-
porter shall provide the notice under 
this subparagraph so that the Admin-
istrator receives the notice not earlier 
than 45 nor later than 15 calendar 
days before the date of the first ex-
port. 
‘‘(II) SUBSEQUENT
EXPORTS.— 
In the case of subsequent exports by 
the exporter to the importing foreign 
state in calendar years subsequent to 
the notification provided under sub-
clause (I), the exporter shall provide 
the notice so that the Administrator 
receives the notice not earlier than 45 
nor later than 15 calendar days before 
the date of the first such subsequent 
export in such calendar year. 
‘‘(III) CHANGED CIRCUMSTANCES 
MERITING NEW NOTICE.—If the cir-
cumstances described by the exporter 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
in an earlier pre-export notice have 
substantially changed, the exporter 
shall provide an additional notice 
under this subparagraph so that the 
Administrator receives the notice not 
earlier than 45 nor later than 15 cal-
endar days before the date of export. 
‘‘(B) ALTERNATE TIME FRAME FOR NO-
TICES.— 
‘‘(i) 
DISCRETIONARY
ALTERNATE 
TIME
FRAMES.—Notwithstanding clauses 
(ii) and (iii) of subparagraph (A), the Ad-
ministrator may set an alternate time 
frame for providing notices under this sub-
paragraph if the Administrator determines 
that such alternate time frame is appro-
priate and the Administrator is able, with-
in such alternate time frame, to administer 
notice activities in accordance with the PIC 
Convention and comply with the POPs 
Convention. 
‘‘(ii) MANDATORY REVIEW OF STATU-
TORY
TIME
FRAMES
AND
PROCESSES.— 
Not later than 18 months after entry into 
force for the United States of the PIC 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
Convention, and not later than 18 months 
after entry into force for the United States 
of the POPs Convention, the Adminis-
trator shall review the statutory time 
frames for receipt of pre-export notices 
under this subparagraph and the Adminis-
trator’s processing of such notices. In such 
review, the Administrator, with the concur-
rence of the Secretary of State, shall con-
sider whether amendments to the time 
frames and modifications to the processes 
would be appropriate to administer notice 
activities in accordance with the PIC Con-
vention and to comply with the POPs Con-
vention. 
‘‘(C) 
CONTENT
OF
PRE-EXPORT
NO-
TICES.— 
‘‘(i) NOTICES
FOR
BANNED
OR
SE-
VERELY
RESTRICTED
CHEMICAL
SUB-
STANCE
OR
MIXTURE.—A notice under 
subparagraph (A)(ii) with respect to a 
chemical substance or mixture that is 
banned or severely restricted shall include 
for each export anticipated during that cal-
endar year— 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(I) the name and address of the 
exporter; 
‘‘(II) the name and address of 
the appropriate designated national 
authority of the United States; 
‘‘(III) the name and address of 
the appropriate designated national 
authority of the importing foreign 
state, if available; 
‘‘(IV) the name and address of 
the importer; 
‘‘(V) the name of the chemical 
substance or mixture for which the 
notice is required; 
‘‘(VI) the expected date of ex-
port; 
‘‘(VII) information relating to 
the foreseen uses of the chemical sub-
stance or mixture, if known, in the 
importing foreign state; 
‘‘(VIII) 
information 
on 
pre-
cautionary measures, consistent with 
the ban or severe restriction applica-
ble to the United States under the 
PIC Convention, to reduce exposure 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
to, and emission of, the chemical sub-
stance or mixture; 
‘‘(IX) information relating to the 
concentration of the chemical sub-
stance or mixture; and 
‘‘(X) any other information that 
the Administrator determines, in a 
general order published in the Federal 
Register, is required by Annex V of 
the PIC Convention to be included in 
such a notice. 
‘‘(ii) NOTICES
FOR
CHEMICAL
SUB-
STANCES OR MIXTURES LISTED ON ANNEX 
III
OF
THE
PIC
CONVENTION.—A notice 
under subparagraph (A)(ii) with respect to 
a chemical substance or mixture listed on 
Annex III of the PIC Convention shall in-
clude for each export anticipated during 
that calendar year— 
‘‘(I) all of the information re-
quired to be included under clause (i); 
‘‘(II) any information relating to 
export conditions or restrictions iden-
tified by the Administrator in the no-
tice issued under paragraph (4)(C) 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
with respect to the chemical substance 
or mixture; 
‘‘(III) a general description of 
the manner in which the export com-
plies with those conditions; and 
‘‘(IV) any other information that 
the Administrator determines by gen-
eral order published in the Federal 
Register to be necessary for effective 
enforcement of the export conditions 
or restrictions applicable to the chem-
ical substance or mixture. 
‘‘(iii) NOTICES FOR CHEMICAL SUB-
STANCE
OR
MIXTURE
THE
EXPORT
OF 
WHICH IS NOT PROHIBITED UNDER THE 
POPS CONVENTION.—A notice submitted to 
the Administrator under subparagraph 
(A)(iii) shall include— 
‘‘(I) the name and address of the 
exporter; 
‘‘(II) the name and address of 
the importer; 
‘‘(III) a name of the POPs chem-
ical substance or mixture; 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS
‘‘(IV) a general description of 
how the export is in accordance with 
the provisions related to export in sec-
tion 503(f)(6) or (7); and 
‘‘(V) such other information as 
the Administrator determines by gen-
eral order published in the Federal 
Register to be necessary for enforce-
ment of the export-related obligations 
of the POPs Convention applicable to 
the United States for that chemical 
substance or mixture. 
‘‘(D) 
PRE-EXPORT
NOTICES
ACCOM-
PANYING EACH EXPORT.—An exporter shall en-
sure that a copy of the most recent applicable 
pre-export notice provided to the Administrator 
under this subsection accompanies each ship-
ment for export and is available for inspection 
upon export for— 
‘‘(i) any chemical substance or mix-
ture that the Administrator has identified 
under paragraph (4)(C) as being listed on 
Annex III of the PIC Convention; or 
‘‘(ii) any POPs chemical substance or 
mixture that is exported. 
VerDate Aug 31 2005 
22:23 Dec 14, 2006
Jkt 059200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H6421.IH
H6421
jlentini on PROD1PC65 with BILLS