‘‘(15) The term ‘POPs Convention’ means the Stock-
holm Convention on Persistent Organic Pollutants to
which the United States is a Party.
‘‘(16) The terms ‘Annex A’ means Annex A to the
POPs Convention.
‘‘(17) The terms ‘Annex B’ means Annex B to the
POPs Convention.
‘‘(18) The terms ‘Annex C’ means Annex C to the
POPs Convention.
‘‘(19) The terms ‘Annex D’ means Annex D to the
POPs Convention.
‘‘(20) The terms ‘Annex E’ means Annex E to the
POPs Convention.
‘‘(21) The terms ‘Annex F’ means Annex F to the
POPs Convention.
‘‘(22) The term ‘POPs Chemical Substance or Mix-
ture’ means any chemical substance or mixture that is list-
ed on Annex A or Annex B for which any applicable provi-
sion of the POPs Convention has entered into force for
the United States pursuant to Article 22, paragraph 4 of
the POPs Convention.
‘‘(23) The term ‘POPRC’ means the Persistent Or-
ganic Pollutant Review Committee established pursuant to
Article 19, paragraph 6 of the POPs Convention.
‘‘(24) The term ‘COP’ means the Conference of the
Parties established by Article 19, paragraph 1 of the
POPs Convention.
‘‘(25) The term ‘LRTAP POPs Protocol’ means the
Protocol to the 1979 Convention on Long-Range
Transboundary Air Pollution on Persistent Organic Pol-
lutants to which the United States is a Party.
‘‘(26) The term ‘Annex I’ means Annex I to the
LRTAP POPs Protocol.
‘‘(27) The term ‘Annex II’ means Annex II to the
LRTAP POPs Protocol.
‘‘(28) The term ‘Annex III’ means Annex III to the
LRTAP POPs Protocol.
‘‘(29) The term ‘LRTAP POPs Chemical Substance
or Mixture’ means any chemical substance or mixture that
is listed on Annex I or Annex II for which any applicable
provision in the LRTAP POPs Protocol has entered into
force for the United States pursuant to Article 14, para-
graph 3 of the LRTAP POPs Protocol.
‘‘(30) The term ‘Executive Body’ means the Execu-
tive Body established by Article X of the 1979 Convention
on Long-Range Transboundary Air Pollution.
‘‘(31) The term ‘PIC Convention’ means the Conven-
tion on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International
Trade to which the United States is a Party.
‘‘(32) The term ‘designated national authority’
means the authority or authorities that a government has
designated in a notification to the PIC Convention Secre-
tariat in accordance with the PIC Convention.’’.
(b) AMENDMENT OF SECTION 6.—Section 6 of the
Toxic Substances Control Act (15 U.S.C. 2605) is amend-
ed by adding at the end the following subsections:
‘‘(f) POPS CONVENTION.—
‘‘(1) 
PROHIBITIONS.—Notwithstanding 
any
other provision of law, except as provided in para-
graph (2) of this subsection and subsection (h) of
this section and consistent with the POPs Conven-
tion, all manufacture, processing, distribution in
commerce, use, or disposal of the following POPs
Chemical Substances or Mixtures is prohibited:
Aldrin, Chlordane, Dieldrin, Endrin, Heptachlor,
Hexachlorobenzene, 
Mirex, 
Toxaphene, 
poly-
chlorinated biphenyls (PCBs), and DDT.
‘‘(2) EXEMPTIONS.—To the extent consistent
with the POPs Convention, the prohibitions in para-
graph (1) of this subsection shall not apply to any
of the following:
‘‘(A) Any quantities of a POPs Chemical
Substance or Mixture occurring as uninten-
tional trace contaminants in products and arti-
cles.
‘‘(B) Any quantities of a POPs Chemical
Substance or Mixture to be used for laboratory
scale research or as a reference standard.
‘‘(C) Any quantities of a POPs Chemical
Substance or Mixture occurring as constituents
of articles (except to PCB articles, which can
continue to be used in accordance with Annex
A and Article 3, paragraph 6 of the POPs Con-
vention), provided that (i) the articles were
manufactured or already in use before or on the
date of entry into force of the obligation rel-
evant to that chemical substance or mixture,
and (ii) the Administrator has met any applica-
ble requirements of the POPs Convention to no-
tify the Secretariat of the POPs Convention re-
garding such articles.
‘‘(D) Any quantities of a POPs Chemical
Substance or Mixture manufactured and used
as a closed-system site-limited intermediate if,
prior to the initiation of such manufacture or
use under the POPs Convention, and every 10
years thereafter—
‘‘(i) any person wishing to invoke the
exemption has provided the Administrator
(I) information on the annual total quan-
tities of the POPs Chemical Substances or
Mixture anticipated to be manufactured or
used or a reasonable estimate of such
quantities, and (II) information regarding
the nature of the closed-system site-limited
process, including the amount of any non-
transformed and unintentional trace con-
tamination of the POPs Chemical Sub-
stance or Mixture starting material in the
final product; and
‘‘(ii) notwithstanding any other provi-
sion of law, the Administrator has deter-
mined, with the concurrence of the Sec-
retary of State, that the provided informa-
tion is complete and sufficient and has
transmitted such information to the Secre-
tariat of the POPs Convention.
If, at the termination of any 10-year exemption
period, the United States is no longer allowed
to take advantage of the closed-system site-lim-
ited intermediate exemption for a POPs Chem-
ical Substance or Mixture under the POPs Con-
vention, it shall be unlawful for any person to
continue to manufacture or use the POPs
Chemical Substance or Mixture as a closed-sys-
tem site limited intermediate.
‘‘(E) Any PCB materials as described in
Part II of Annex A so long as such PCB mate-
rials are handled in accordance with the POPs
Convention and in particular with Annex A.
‘‘(F) Any distribution in commerce for ex-
port of any POPs Chemical Substance or Mix-
ture with an Annex A production or use specific
exemption in effect or with an Annex B produc-
tion or use specific exemption or acceptable
purpose in effect, provided that the chemical
substance or mixture complies with one of the
following export conditions:
‘‘(i) The chemical substance or mix-
ture is exported for the purpose of environ-
mentally sound disposal as set forth in
paragraph 1(d) of Article 6 of the POPs
Convention.
‘‘(ii) The chemical substance or mix-
ture is exported to a Party to the POPs
Convention that is permitted to use that
chemical substance or mixture under
Annex A or Annex B.
‘‘(iii) The chemical substance or mix-
ture is exported to an importing foreign
state that is not a party to the POPs Con-
vention for that chemical substance or mix-
ture and that has provided an annual cer-
tification to the Administrator. This an-
nual certification, consistent with Article 3,
paragraph 2(b)(iii) of the POPs Conven-
tion, shall specify the intended use of the
chemical substance or mixture and state
that, with respect to that chemical sub-
stance or mixture, the importing foreign
state that is not a party is committed to:
(I) protecting human health and the envi-
ronment by taking the necessary measures
to minimize or prevent releases; (II) com-
plying with provisions of paragraph 1 of
Article 6 of the POPs Convention; and
(III) complying, where appropriate, with
the provisions of paragraph 2 of Part II of
Annex B. The Administrator shall submit
a copy of each such annual certification to
the Secretariat of the POPs Convention
within 60 days of receiving it.
Any determination by the Administrator that
one or more of the conditions set forth in this
subparagraph is not met shall be made in co-
operation with other interested Federal agen-
cies.
‘‘(G) Any distribution in commerce for ex-
port only for the purpose of environmentally
sound disposal as set forth in paragraph 1(d) of
Article 6 of the POPs Convention, of a POPs
Chemical Substance or Mixture listed on Annex
A for which no production or use specific ex-
emptions remain in effect for any Party to the
POPs Convention.
‘‘(H) Any distribution in commerce of
quantities of a POPs Chemical Substance or
Mixture imported for the purpose of environ-
mentally sound disposal as set forth in para-
graph 1(d) of Article 6 of the POPs Conven-
tion.
‘‘(I) Any quantities of a POPs Chemical
Substance or Mixture, including products or ar-
ticles consisting of, containing or contaminated
with a POPs Chemical Substance or Mixture,
that have become wastes and, upon becoming
wastes, are managed in a manner consistent
with the Article 6 of the POPs Convention.
Nothing in this paragraph shall allow manufacture,
processing, distribution in commerce, use, or dis-
posal of a POPs Chemical Substance or Mixture
that is not otherwise allowed under domestic law.
‘‘(3) 
CERTIFICATION
STATEMENT
ACCOM-
PANYING
POPS
CHEMICAL
SUBSTANCES
OR
MIX-
TURES.—POPs Chemical Substances or Mixtures
shall be accompanied by a Certification Statement
when distributed in commerce under paragraph
(2)(B), (2)(E), (2)(F), (2)(G), (2)(H) or (2)(I) of
this subsection or any combination of the foregoing.
This Certification Statement must be prepared by
the manufacturer or processor of the substance or
mixture. If there is no Certification Statement ac-
companying the substance or mixture, a Certifi-
cation Statement meeting the requirements of this
paragraph shall be prepared by the person who dis-
tributes the substance or mixture in commerce and
shall accompany the substance or mixture when it is
distributed in commerce. Such Certification State-
ment shall include the amount and identity of the
chemical substance or mixture, the basis for applica-
tion of the enumerated provision(s), and any other
information the Administrator determines, pursuant
to notice and comment rulemaking, is necessary for
effective enforcement of this provision. Any person
who distributes in commerce the substance or mix-
ture shall ensure that the Certification Statement
accompanies the substance or mixture when it is dis-
tributed in commerce, and that the distribution in
commerce is consistent with the Certification State-
ment. A copy of the Certification Statement shall be
maintained by the person preparing such Certifi-
cation Statement for 3 years from the date the Cer-
tification Statement is prepared. The Administrator
may promulgate such rules, as necessary, to facili-
tate implementation of this provision, to harmonize
this certification requirement with other certification
requirements in this Act so as to avoid multiple cer-
tification statements accompanying the same chem-
ical, and to ensure compliance with the POPs Con-
vention.
‘‘(g) LRTAP POPS PROTOCOL.—
‘‘(1) 
PROHIBITIONS.—Notwithstanding 
any
other provision of law, except as provided in sub-
section (g)(2) or subsection (h) of this section and
consistent with the LRTAP POPs Protocol, all man-
ufacture, processing, distribution in commerce and
use of the following LRTAP POPs Chemical Sub-
stances or Mixtures is prohibited: Aldrin, Chlordane,
Dieldrin, Endrin, Heptachlor, Hexachlorobenzene,
Mirex, 
Toxaphene, 
DDT, 
PCBs, 
Chlordecone,
Hexabromobiphenyl, and HCH.
‘‘(2) EXEMPTIONS.—(A) To the extent con-
sistent with the LRTAP POPs Protocol, the manu-
facture, processing, distribution in commerce or use
prohibitions in paragraph (1) of this subsection shall
not apply to any of the following:
‘‘(i) Quantities of a LRTAP POPs Chem-
ical Substance or Mixture to be used for labora-
tory scale research or as a reference standard.
‘‘(ii) Quantities of a LRTAP POPs Chem-
ical Substance or Mixture occurring as contami-
nants in products.
‘‘(iii) Quantities of a LRTAP POPs Chem-
ical Substance or Mixture in an article manu-
factured or in use on or before the entry into
force of any obligation in the LRTAP POPs
Protocol relevant to that LRTAP POPs Chem-
ical Substance or Mixture.
‘‘(iv) Quantities of a LRTAP POPs Chem-
ical Substance or Mixture when occurring as
site limited chemical intermediates in the manu-
facture of one or more different substances and
that are thus chemically transformed.
‘‘(v) Quantities of HCH so long as any
production and use complies with the restric-
tions and conditions specified for HCH in
Annex II of the LRTAP POPs Protocol.
‘‘(vi) Quantities of a LRTAP POPs Chem-
ical Substance or Mixture that have become
wastes and that, upon becoming wastes, are dis-
posed of in an environmentally sound manner in
accordance with paragraph 1(b) of the LRTAP
POPs Protocol.
‘‘(vii) Any PCB materials as described in
Annex II so long as such PCB materials are
handled in accordance with the LRTAP POPs
Protocol and in particular with Annex II.
‘‘(B) The Administrator, with the concurrence
of the Secretary of State, may grant an exemption
from the prohibitions in paragraph (1) that is con-
sistent with exemptions allowed under Article 4,
paragraph 2 of the LRTAP POPs Protocol. In addi-
tion, any person may petition the Administrator for
an exemption from the prohibitions in paragraph (1)
that is consistent with exemptions allowed under Ar-
ticle 4, paragraph 2 of the LRTAP POPs. Any such
petition shall, at a minimum, contain information re-
lated to each finding, if any, that the Administrator
shall make according to the terms of the LRTAP
POPs Protocol before granting the exemption, and
any additional information, if any, that the Adminis-
trator is required to provide to the Secretariat of the
LRTAP POPs Protocol regarding a granted exemp-
tion. The Administrator, with the concurrence of the
Secretary of State, shall grant the petition with con-
ditions or limitations necessary to meet any require-
ment of the LRTAP POPs Protocol or any other
provision of law, or deny the petition. The Adminis-
trator may grant an exemption only to the extent
that it is allowed for the United States under, and
is otherwise consistent with, the terms of the
LRTAP POPs Protocol. Notwithstanding any other
provision of law, if the Administrator grants such an
exemption, the Administrator, within 90 days of
granting the exemption, shall provide the Secretariat
of the LRTAP POPs Protocol with the information
specified in paragraph 3 of Article 4 of the LRTAP
POPs Protocol. If, after an exemption has been
granted under this subparagraph, the exemption is
no longer allowed for the United States under the
LRTAP POPs Protocol, it shall be unlawful for any
person to continue to distribute, sell, produce, or
use, a LRTAP POPs Chemical Substance or Mix-
ture in the manner allowed by the exemption.
Nothing in this paragraph shall allow manufacture,
processing, distribution in commerce or use of a
LRTAP POPs Chemical Substance or Mixture that
is not otherwise allowed under domestic law.
‘‘(3) 
CERTIFICATION
STATEMENT
ACCOM-
PANYING LRTAP POPS CHEMICAL SUBSTANCES OR
MIXTURES.—LRTAP POPs Chemical Substances or
Mixtures shall be accompanied by a Certification
Statement when distributed in commerce under sub-
paragraph (A)(i), (A)(vi), (A)(vii) or (B) of para-
graph (2) of this subsection. This Certification
Statement shall be prepared by the manufacturer or
processor of the substance or mixture. If there is no
Certification Statement accompanying the substance
or mixture, a Certification Statement meeting the
requirements of this paragraph shall be prepared by
any person who distributes the substance or mixture
in commerce and shall accompany the substance or
mixture when it is distributed in commerce. Such
Certification Statement shall include the amount
and identity of the chemical substance or mixture,
the basis for application of the enumerated provi-
sion(s), and any other information the Administrator
determines, pursuant to notice and comment rule-
making, is necessary for effective enforcement of
this provision. Any person who distributes in com-
merce the substance or mixture shall ensure that the
Certification Statement accompanies the substance
or mixture when it is distributed in commerce, and
that the distribution in commerce is consistent with
the Certification Statement. A copy of the Certifi-
cation Statement shall be maintained by the person
preparing such Certification Statement for 3 years
from the date the Certification Statement is pre-
pared. The Administrator may promulgate such
rules, as necessary, to facilitate implementation of
this provision, to harmonize this certification re-
quirement with other certification requirements in
this Act so as to avoid multiple certification state-
ments accompanying the same chemical, and to en-
sure compliance with the LRTAP POPs Protocol.
‘‘(h) HARMONIZATION
OF SUBSECTIONS (f) AND
(g).—If a chemical substance or mixture is both a POPs
Chemical Substance or Mixture and a LRTAP POPs
Chemical Substance or Mixture, the provisions in both
subsection (f) and subsection (g) of this section shall apply
to that chemical substance or mixture. In the case of con-
flict between the provisions in subsection (f) and sub-
section (g) for that chemical substance or mixture, the
more stringent provision shall govern. In any case, these
provisions shall be interpreted in a manner such that the
United States is in compliance with both the POPs Con-
vention and the LRTAP POPs Protocol for that chemical
substance or mixture.
‘‘(i) NOTICE AND RECORD OF PROHIBITIONS, EX-
EMPTIONS, AND
OTHER INFORMATION.—The Adminis-
trator, in cooperation with the Secretary of State, shall
publish in the Federal Register timely notice regarding—
‘‘(1) the POPs Chemical Substances and Mix-
tures subject to the prohibitions in this section, any
exemptions from the prohibitions allowed under this
section, including disallowances for any exemptions,
and a list of importing foreign states that are not
party to the POPs Convention from which it has re-
ceived annual certifications pursuant to section
6(f)(2)(G)(iii) of this Act; and
‘‘(2) LRTAP POPs Chemical Substances and
Mixtures subject to the prohibitions in this section,
any exemptions from the prohibitions allowed under
this section, including disallowances for any exemp-
tions.
The Administrator may include in this notice any other
information that the Administrator deems necessary for
ensuring adequate notice of the requirements of this sec-
tion, the POPs Convention, or the LRTAP POPs Pro-
tocol. The Administrator shall maintain a record that inte-
grates the information in such notice with any information
published under section 17(e) of Federal Insecticide, Fun-
gicide and Rodenticide Act, update such record as needed,
and make such record publically available.’’.
(c) AMENDMENT OF SECTION 8.—Section 8 of the
Toxic Substances Control Act (15 U.S.C. 2607) is amend-
ed by adding at the end the following subsection:
‘‘(g) INFORMATION COLLECTION UNDER THE POPS
CONVENTION.—(1) Upon a determination by the POPRC
that a proposal for listing a chemical substance or mixture
on Annex A, Annex B or Annex C meets the screening
criteria specified in Annex D, the Administrator may pub-
lish a notice in the Federal Register identifying the chem-
ical substance or mixture and summarizing the POPRC’s
determination. Within 60 days after publication of any
such Federal Register notice, any person manufacturing,
processing, or distributing in commerce a chemical sub-
stance or mixture that is the subject of such notice shall,
or any other interested person may, provide to the Admin-
istrator the following existing information, known to or
reasonably ascertainable to such person, on the chemical
substance or mixture: (A) annual quantity manufactured
and at which locations; (B) uses; (C) annual quantity en-
tering each environmental medium; and (D) other infor-
mation consistent with the information specified in Annex
D, paragraph 1, and Annex E, paragraphs (b) through
(e) of the POPs Convention. Any person manufacturing,
processing, or distributing in commerce a chemical sub-
stance or mixture that is the subject of such notice shall
update such information on an annual basis thereafter
until such time as the COP decides not to list the chemical
substance or mixture on any Annex to the POPs Conven-
tion or the Administrator, with the concurrence of the Sec-
retary of State, determines that such reporting is no
longer necessary. In addition, within 60 days after publi-
cation of the Federal Register notice, any interested per-
son also may provide the Administrator any arguments or
information associated with the risks or benefits of use
of the chemical substance or mixture that, in the opinion
of the interested person, support a determination either
that the determination by the POPRC is correct or incor-
rect or that some or all manufacture, processing, distribu-
tion in commerce, use, or disposal of the chemical sub-
stance or mixture in the United States does or does not
present an unreasonable risk of injury to health or the
environment. Based upon information received under this
paragraph and on any other relevant information available
to the Administrator, the Administrator shall, within 180
days after publication of the Federal Register notice, sub-
mit to the Secretary of State a report that contains, at
a minimum, information on the production and uses in
the United States of the chemical substance or mixture
and an assessment of the benefits and risks associated
with the production and uses in the United States of the
chemical substance or mixture.
‘‘(2) Following a decision by the POPRC pursuant
to Article 8.7 of the POPs Convention that a chemical
substance or mixture shall proceed in the POPs Conven-
tion listing process, the Administrator may publish a no-
tice in the Federal Register identifying the chemical sub-
stance or mixture and summarizing the POPRC’s deci-
sion. Within 60 days after publication of any such Federal
Register notice, any person manufacturing, processing, or
distributing in commerce a chemical substance or mixture
that is the subject of such notice shall, and any other in-
terested person may, provide, consistent with the informa-
tion needs in Annex F, any information which the person
believes is relevant to the risk management evaluation in
Article 8.7 of the POPs Convention, a decision by the COP
in Article 8.9 of the POPs Convention, or a determination
that some or all of the manufacturing, processing, dis-
tribution in commerce, use, or disposal of the chemical
substance or mixture in the United States does or does
not present an unreasonable risk of injury to health or
the environment. At this time, any person manufacturing,
processing, or distributing in commerce a chemical sub-
stance or mixture that is the subject of such notice shall
also provide information on articles in use consisting of,
containing, or contaminated with the chemical substance,
or mixture.
‘‘(3) Any information requirements imposed under
this subsection shall not apply to any person who has ac-
tual knowledge that the Administrator has been ade-
quately informed of any of the required information. If
a particular argument or piece of information is not sub-
mitted in a timely manner following publication of a notice
in accordance with this subsection, no person may raise
such argument or submit such information to be part of
the record of any subsequent rulemaking under section 6
of this Act to regulate the chemical substance or mixture
unless the person seeking to raise the argument or submit
the information demonstrates that the argument or infor-
mation could not reasonably have been made available to
the Administrator earlier in accordance with the times set
forth in this subsection.
‘‘(h) 
INFORMATION
COLLECTION
UNDER
THE
LRTAP POPS PROTOCOL.—(1) Upon a submission of a
risk profile to the Executive Body in support of a proposed
amendment to list a chemical substance or mixture in
Annex I, Annex II, or Annex III, the Administrator may
publish a notice in the Federal Register identifying the
chemical substance or mixture and summarizing the risk
profile. Within 60 days after publication of any such Fed-
eral Register notice, any person manufacturing, proc-
essing, or distributing in commerce a chemical substance
or mixture that is the subject of such notice shall, and
any other interested person may, provide to the Adminis-
trator, the following existing information, known to or rea-
sonably ascertainable to such person, on the chemical sub-
stance 
or 
mixture: 
(A) 
potential 
for 
long-range
transboundary atmospheric transport; (B) toxicity; (C)
persistence, including biotic degradation processes and
rates and degradation products; (D) bioaccumulation, in-
cluding bioavailability; (E) annual quantity manufactured
and at which locations; (F) uses; (G) annual quantity en-
tering each environmental medium; (H) environmental
monitoring data; (I) information on alternatives to the ex-
isting uses for the chemical substance or mixture and the
alternatives’ efficacy; (J) information on any known ad-
verse environmental or human health effects associated
with the alternatives; (K) information on process changes,
control technologies, operating practices and other pollu-
tion prevention techniques which can be used to reduce
the emissions of the chemical substance or mixture, and
their applicability and effectiveness; and (L) information
on non-monetary costs and benefits as well as the quantifi-
able costs and benefits associated with the use of these
alternatives and/or techniques. Any person manufacturing,
processing, or distributing in commerce a chemical sub-
stance or mixture that is the subject of such notice shall
update such information on an annual basis thereafter
until such time as the Parties to the LRTAP POPs Pro-
tocol decide not to list the chemical substance or mixture
on any Annex to the LRTAP POPs Protocol or the Ad-
ministrator, with the concurrence of the Secretary of
State, determines that such reporting is no longer nec-
essary. In addition, within 60 days after publication of the
federal register notice, any interested person also may pro-
vide the Administrator any arguments or information as-
sociated with the risks or benefits of use of the chemical
substance or mixture that, in the opinion of the interested
person, support a determination either that the risk profile
is correct or incorrect or that some or all manufacturing,
processing, distribution in commerce, use, or disposal of
the chemical substance or mixture in the United States
does or does not present an unreasonable risk of injury
to health or the environment. Based upon information re-
ceived under this paragraph and on any other relevant in-
formation available to the Administrator, the Adminis-
trator shall, within 180 days after publication of the Fed-
eral Register notice, submit to the Secretary of State a
report that contains, at a minimum, information on the
production and uses in the United States of the chemical
substance or mixture and an assessment of the benefits
and risks associated with the production and uses in the
United States of the chemical substance or mixture.
‘‘(2) Any information requirements imposed under
this subsection shall not apply to any person who has ac-
tual knowledge that the Administrator has been ade-
quately informed of any of the information required by
this subsection. If a particular argument or piece of infor-
mation is not submitted in a timely manner following pub-
lication of a notice in accordance with this subsection, no
person may raise such argument or submit such informa-
tion to be part of the record of any subsequent rulemaking
under section 6 of this Act to regulate the chemical sub-
stance or mixture unless the person seeking to raise the
argument or submit the information demonstrates that the
information could not reasonably have been made available
to the Administrator earlier in accordance with the times
set forth in this subsection.’’.
(d) AMENDMENT OF SECTION 9.—Section 9 of the
Toxic Substances Control Act (15 U.S.C. 2608) is amend-
ed by adding at the end the following subsection:
‘‘(e) INTERNATIONAL COOPERATION.—The Adminis-
trator shall, in cooperation with the Department of State
and any other appropriate Federal agency, participate and
cooperate in any international efforts to develop improved
research and regulations on chemical substances and mix-
tures, and should pursue opportunities to participate in
technical cooperation and capacity building activities de-
signed to support implementation of the POPs Conven-
tion, the LRTAP POPs Protocol, and the PIC Conven-
tion.’’.
(e) AMENDMENT OF SECTION 12.—Section 12 of the
Toxic Substances Control Act (15 U.S.C. 2611) is
amended—
(1) in subsection (a)(1), in the matter pre-
ceding subparagraph (A), by striking ‘‘Except’’ and
all that follows through ‘‘shall not apply’’ and insert-
ing the following: ‘‘Except as provided in paragraph
(2) and subsections (b), (c), (d), (e), (f), and (g) of
this section, this Act (other than sections 6(f), 6(g)
and 8 of this title) shall not apply’’; and
(2) by adding at the end the following sub-
sections:
‘‘(c) PROHIBITION.—No person may manufacture,
process or distribute in commerce, for export from the
United States, any chemical substance or mixture identi-
fied by Administrator in a notice issued under section
12(f)(3) if such chemical substance or mixture fails to
comply with applicable export conditions or restrictions as
identified by Administrator in such notice. Any person
who manufactures, processes or distributes in commerce,
for export from the United States, a chemical substance
or mixture that is the subject of a notice issued under
section 12(f)(3) shall certify that such chemical substance
or mixture complies with the applicable export conditions
or restrictions. Such certification statement shall include
identification of such chemical substance or mixture man-
ufactured, processed or distributed in commerce, for ex-
port from the United States, the foreign state to which
such chemical substance or mixture is intended for export,
the export conditions or restrictions identified by the Ad-
ministrator in its notice, a description of how the chemical
substance or mixture complies with such conditions or re-
strictions, and any other information deemed necessary by
the Administrator for effective enforcement of the export
conditions or restrictions applicable to such chemical sub-
stance or mixture. The certification statement shall be in-
cluded among the shipping documents for such chemical
substance or mixture and shall accompany such chemical
substance or mixture. A copy of such certification shall
be retained for 3 years by any person required to certify
compliance with such export conditions or restrictions.
The Administrator may promulgate such rules, as nec-
essary, to facilitate implementation of this subsection, to
harmonize this certification requirement with other certifi-
cation requirements in this Act so as to avoid multiple cer-
tification statements accompanying the same chemical,
and to ensure compliance with the PIC Convention.
‘‘(d) EXPORT NOTICE.—If any person intends to ex-
port any chemical substance or mixture determined by the
Administrator to be banned or severely restricted under
subsection (f)(1), such person shall notify the Adminis-
trator of its intent to export such chemical substance or
mixture. Notice of intent to export shall be received by
the Administrator at least 15 days prior to the first export
(but no earlier than 30 days prior to the first export) from
the territory of the United States to each importing for-
eign state occurring after the Administrator issues a no-
tice of its determination under subsection (f)(1) and,
thereafter, prior to the first such export to each importing
foreign state in each calendar year. Notwithstanding the
foregoing, the Administrator may require that notices of
intent to export be received less than 15 days prior to the
first export and/or thereafter prior to the first export in
each calendar year if it determines, based on its experience
with this notification program, that it can operate the no-
tification program consistent with the PIC Convention
with a shorter notice period. Notices of intent to export
shall include: the name and address of the exporter; the
name and address of the relevant designated national au-
thority of the United States; the name and address of the
relevant designated national authority of the importing
foreign state, where available; the name and address of
the importer; the name of the chemical substance or mix-
ture; the expected date of export; the foreseen uses as a
chemical substance or mixture, if known, in the importing
foreign state; any information on precautionary measures
to reduce exposure to, and emission of, the chemical sub-
stance or mixture; the concentration of the chemical sub-
stance or mixture; and any other information otherwise
specified in Annex V of the PIC Convention.
‘‘(e) LABELS.—Any chemical substance or mixture
that is the subject of a notice issued under subsections
(f)(1) or (f)(3) and that is manufactured, processed or dis-
tributed in commerce, for export from the United States,
shall, consistent with the provisions of the PIC Conven-
tion, bear labeling information on any significant risks
and/or hazards to human health or the environment and
be accompanied by shipping documents that include any
relevant safety data sheets on the chemical substance or
mixture. In addition, any chemical substance or mixture
that is the subject of a notice issued under subsection
(f)(3) and that is exported or intended for export, shall
be accompanied by shipping documents that, at a min-
imum, bear any relevant harmonized system customs
codes assigned by the World Customs Organization.
‘‘(f) NOTICE REQUIREMENTS AND EXEMPTIONS.—
(1) The Administrator shall, with the concurrence of the
Secretary of State, determine whether a chemical sub-
stance or mixture is banned or severely restricted within
the United States as those terms are defined by the PIC
Convention. Notwithstanding any other provision of law,
the Administrator shall issue a notice to the Secretariat
of the PIC Convention and to the public of these deter-
minations. Notice to the Secretariat shall include the in-
formation specified in Annex I of the PIC Convention and
notice to the public shall include, at a minimum, a sum-
mary of the same information.
‘‘(2) Notwithstanding any other provision of law, the
Administrator shall, upon receipt, provide each notice of
intent to export received under subsection (d) to the des-
ignated national authority of the importing foreign state.
Where a designated national authority has not been identi-
fied, the Administrator shall provide such notice of intent
to export to any other appropriate official of the importing
foreign state as identified by the Administrator.
‘‘(3) The Administrator shall, with the concurrence
of the Secretary of State, issue a notice informing the pub-
lic of chemical substances or mixtures that are listed on
Annex III of the PIC Convention and of any importing
foreign state’s conditions or restrictions applicable to the
import of each chemical substance or mixture consistent
with the PIC Convention. The conditions or restrictions
identified by the Administrator in such notice constitute
export conditions or restrictions for purposes of section
12(c). Such notice(s) shall be issued within 3 months of,
and the conditions or restrictions made effective no later
than 6 months from, receipt of notice(s) from the Secre-
tariat of the PIC Convention who transmits Parties’ im-
port decisions or failure to provide import decisions.
‘‘(4) The Administrator may issue a notice exempting
any chemical substance or mixture from requirements of
subsections (c), (d), (e) or (f) if the Administrator deter-
mines, with the concurrence of the Secretary of State, that
such exemption would be consistent with the PIC Conven-
tion.
‘‘(5) To the extent appropriate, the Administrator
shall integrate the information contained in any notice
issued under this section into the notice published pursu-
ant to section 6(i) of this Act and sections 17(d)(5) and
of the Federal Insecticide, Fungicide, and Rodenticide
Act.
‘‘(g) HARMONIZATION WITH SECTION 6(f).—If ex-
port of a chemical substance or mixture is addressed or
restricted under both sections 6(f) and this section, the
provisions in both section 6(f) and this section shall apply
to that chemical substance or mixture. In the case of a
conflict between provisions in section 6(f) and this section
for that chemical substance or mixture, the more stringent
provision shall govern. In any case, these provisions shall
be interpreted in a manner such that the United States
is in compliance with both the POPs Convention and the
PIC Convention for that chemical substance or mixture.’’.
(f) AMENDMENT OF SECTION 15.—Section 15 of the
Toxic Substances Control Act (15 U.S.C. 2614) is amend-
ed by striking paragraph (1) and inserting the following:
‘‘(1) fail or refuse to comply with (A) any rule
promulgated or order issued under section 4 of this
title, (B) any requirement prescribed by section 5 or
6 of this title, (C) any rule promulgated or order
issued under section 5 or 6 of this title, (D) any re-
quirement prescribed by section 12 or 13 of this
title, (E) any rule promulgated under section 12 or
13 of this title, or (F) any requirement of title II
of this Act or any rule promulgated or order issued
under title II of this Act;’’.
SEC. 2. AMENDMENT TO THE FEDERAL, INSECTICIDE, FUN-
GICIDE, AND RODENTICIDE ACT.
(a) AMENDMENT OF SECTION 2.—Section 2 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136) is amended by adding at the end the fol-
lowing:
‘‘(pp) POPS CONVENTION.—The term ‘POPs Con-
vention’ means the Stockholm Convention on Persistent
Organic Pollutants to which the United States is a Party.
‘‘(qq) ANNEX A.—The term ‘Annex A’ means Annex
A to the POPs Convention.
‘‘(rr) ANNEX B.—The term ‘Annex B’ means Annex
B to the POPs Convention.
‘‘(ss) ANNEX C.—The term ‘Annex C’ means Annex
C to the POPs Convention.
‘‘(tt) ANNEX D.—The term ‘Annex D’ means Annex
D to the POPs Convention.
‘‘(uu) ANNEX E.—The term ‘Annex E’ means Annex
E to the POPs Convention.
‘‘(vv) ANNEX F.—The term ‘Annex F’ means Annex
F to the POPs Convention.
‘‘(ww) POPS PESTICIDE.—The term ‘POPs Pes-
ticide’ means any pesticide or active ingredient used in
producing a pesticide that is listed on Annex A or Annex
B for which any applicable provision of the POPs Conven-
tion has entered into force for the United States pursuant
to Article 22, paragraph 4 of the POPs Convention.
‘‘(xx) POPRC.—The term ‘POPRC’ means the Per-
sistent Organic Pollutant Review Committee established
pursuant to Article 19, paragraph 6 of the POPs Conven-
tion.
‘‘(yy) COP.—The term ‘COP’ means the Conference
of the Parties established by Article 19, paragraph 1 of
the POPs Convention.
‘‘(zz) LRTAP POPS PROTOCOL.—The term ‘LRTAP
POPs Protocol’ means the Protocol to the 1979 Conven-
tion on Long-Range Transboundary Air Pollution on Per-
sistent Organic Pollutants to which the United States is
a Party.
‘‘(aaa) ANNEX I.—The term ‘Annex I’ means Annex
I to the LRTAP POPs Protocol.
‘‘(bbb) ANNEX II.—The term ‘Annex II’ means
Annex II to the LRTAP POPs Protocol.
‘‘(ccc) ANNEX III.—The term ‘Annex III’ means
Annex III to the LRTAP POPs Protocol.
‘‘(ddd) LRTAP POPS
PESTICIDE.—The term
‘LRTAP POPs Pesticide’ means any pesticide or active
ingredient used in producing a pesticide that is listed on
Annex I or Annex II for which any applicable provision
of the LRTAP POPs Protocol has entered into force for
the United States pursuant to Article 14, paragraph 3 of
the LRTAP POPs Protocol.
‘‘(eee) EXECUTIVE
BODY.—The term ‘Executive
Body’ means the Executive Body established by Article 10
of the 1979 Convention on Long-Range Transboundary
Air Pollution.
‘‘(fff) PIC CONVENTION.—The term ‘PIC Conven-
tion’ means the Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pes-
ticides in International Trade to which the United States
is a Party.
‘‘(ggg) DESIGNATED NATIONAL AUTHORITY.—The
term ‘designated national authority’ means the authority
or authorities that a government has designated in a noti-
fication to the PIC Convention Secretariat in accordance
with the PIC Convention.’’.
(b) AMENDMENT OF SECTION 3.—Section 3(b) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a(b)) is amended in the matter preceding para-
graph (1) by striking ‘‘A pesticide which is not registered’’
and inserting the following: ‘‘Any pesticide, other than a
POPs Pesticide or a LRTAP POPs Pesticide (unless the
POPs Pesticide or LRTAP POPs pesticide is permitted
to be transferred pursuant to any applicable exemption in
section 17(d)(2)(B) or 17(d)(3)(B) of this Act), which is
not registered’’.
(c) AMENDMENT OF SECTION 12.—Section 12(a)(2)
of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136j(a)(2)) is amended—
(1) in subparagraph (R), by striking ‘‘; or’’ at
the end;
(2) in subparagraph (S), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following subpara-
graph:
‘‘(T) to violate any provision of section 17
or any regulation promulgated thereunder.’’.
(d) AMENDMENT OF SECTION 17.—Section 17 of the
Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136o) is amended in the heading for the section
by striking ‘‘IMPORTS AND EXPORTS’’ and inserting
‘‘IMPORTS, EXPORTS, AND
INTERNATIONAL
CON-
VENTIONS’’.
(e) AMENDMENT OF SECTION 17(a).—Section 17(a)
of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136o(a)) is amended—
(1) in the matter preceding paragraph (1), by
striking ‘‘violation of this Act—’’ and inserting ‘‘vio-
lation of this Act, provided that—’’;
(2) in paragraph (1)—
(A) by striking ‘‘when prepared’’ and in-
serting the following: ‘‘the pesticide or device or
active ingredient used in producing a pesticide
is prepared’’; and
(B) by striking ‘‘and’’ after the semicolon
at the end;
(3) in paragraph (2)—
(A) by striking ‘‘if,’’; and
(B) by striking the period at the end and
inserting ‘‘; and’’; and
(4) by inserting after paragraph (2) the fol-
lowing paragraph:
‘‘(3) such export is in compliance with all of the
applicable provisions of this section.’’.
(f) AMENDMENT OF SECTION 17(c).—Section 17(c)
of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136o(c)) is amended by adding at the end the
following: ‘‘Nothing in this subsection shall permit the im-
port of any POPs Pesticide or LRTAP POPs Pesticide
that otherwise is prohibited under subsection (d) of this
section.’’.
(g) AMENDMENT OF SECTION 17(d).—Section 17(d)
of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136o(d)) is amended to read as follows:
‘‘(d) INTERNATIONAL CONVENTIONS AND COOPERA-
TION IN INTERNATIONAL EFFORTS.—
‘‘(1) IN GENERAL.—The Administrator shall, in
cooperation with the Department of State and any
other appropriate Federal agency, participate and
cooperate in any international efforts to develop im-
proved pesticide research and regulations., and
should pursue opportunities to participate in tech-
nical cooperation and capacity building activities de-
signed to support implementation of the POPs Con-
vention, the LRTAP POPs Protocol, and the PIC
Convention.
‘‘(2) POPS CONVENTION.—
‘‘(A) 
PROHIBITIONS.—Notwithstanding
any other provision of law, except as provided
in paragraph (2)(B) and paragraph (4) of this
subsection and consistent with the POPs Con-
vention, all sale, distribution, use, and produc-
tion, or any disposal operation that may lead to
recovery, recycling, reclamation, reuse, or alter-
native uses, of the following POPs Pesticides is
prohibited: Aldrin, Chlordane, Dieldrin, Endrin,
Heptachlor, 
Hexachlorobenzene, 
Mirex,
Toxaphene, and DDT.
‘‘(B) EXEMPTIONS.—To the extent con-
sistent with the POPs Convention, the prohibi-
tions in subparagraph (A) shall not apply to:
‘‘(i) Any quantities of a POPs Pes-
ticide occurring as unintentional trace con-
taminants in products and articles.
‘‘(ii) Any quantities of a POPs Pes-
ticide to be used for laboratory scale re-
search or as a reference standard.
‘‘(iii) Any quantities of a POPs Pes-
ticide occurring as constituents of articles,
provided that (I) such articles were manu-
factured or already in use before or on the
date of entry into force of the obligation
relevant to that POPs Pesticide, and (II)
the Administrator has met any applicable
requirements of the POPs Convention to
notify the Secretariat of the POPs Conven-
tion regarding such articles.
‘‘(iv) Any distribution for export of
any quantities of a POPs Pesticide with an
Annex A production or use specific exemp-
tion in effect or with an Annex B produc-
tion or use specific exemption or acceptable
purpose in effect, provided that the pes-
ticide complies with one of the following
export conditions:
‘‘(I) The pesticide is exported for
the purpose of environmentally sound
disposal as set forth in paragraph
1(d) of Article 6 of the POPs Conven-
tion.
‘‘(II) The pesticide is exported to
a Party to the POPs Convention that
is permitted to use that pesticide
under Annex A or Annex B.
‘‘(III) The pesticide is exported
to an importing foreign state that is
not a party to the POPs Convention
for that pesticide and that has pro-
vided an annual certification to the
Administrator This annual certifi-
cation, consistent with Article 3, para-
graph 2(b)(iii) of the POPs Conven-
tion, shall specify the intended use of
the pesticide and state that, with re-
spect to that pesticide, the importing
foreign state that is not a party is
committed to: (aa) protecting human
health and the environment by taking
necessary measures to minimize or
prevent releases; (bb) complying with
provisions of paragraph 1 of Article 6
of the POPs Convention; and (cc)
complying, when appropriate, with the
provisions of paragraph 2 of Part II
of Annex B. The Administrator shall
submit a copy of each annual certifi-
cation to the Secretariat of the POPs
Convention within sixty days of receiv-
ing it.
Any determination by the Administrator
that one or more of these conditions are
not met shall be made in cooperation with
other interested federal agencies.
‘‘(v) Any distribution for export only
for the purpose of environmentally sound
disposal as set forth in paragraph 1(d) of
Article 6 of the POPs Convention, of a
POPs Pesticide listed on Annex A for
which no production or use specific exemp-
tions remain in effect for any Party to the
POPs Convention.
‘‘(vi) Any quantities of a POPs Pes-
ticide imported for the purpose of environ-
mentally sound disposal as set forth in
paragraph 1(d) of Article 6 of the POPs
Convention.
Nothing in this subparagraph shall allow sale,
distribution, use, and production, or any dis-
posal operation that may lead to recovery, recy-
cling, reclamation, reuse, or alternative uses, of
any POPs Pesticide that is not otherwise al-
lowed under any other provision of law.
‘‘(C) CERTIFICATION STATEMENT ACCOM-
PANYING POPS PESTICIDES.—POPs Pesticides
must be accompanied by a Certification State-
ment when sold or distributed under subpara-
graph (B)(ii), (B)(iv), (B)(v), and/or (B)(vi) of
this paragraph. This Certification Statement
must be prepared by the producer of the pes-
ticide. If there is no Certification Statement ac-
companying the pesticide, a Certification State-
ment meeting the requirements of this subpara-
graph must be prepared by the seller or dis-
tributor of the pesticide and must accompany
the pesticide when it is sold or distributed.
Such Certification Statement shall include the
amount and identity of the pesticide, the basis
for application of the enumerated provision(s),
and any other information the Administrator
determines, pursuant to notice and comment
rulemaking, is necessary for effective enforce-
ment of this provision. Any person who distrib-
utes or sells the pesticide must ensure that the
Certification Statement accompanies the pes-
ticide when it is distributed or sold, and that
the distribution or sale is consistent with the
Certification Statement. A copy of the Certifi-
cation Statement shall be maintained by the
person preparing such Certification Statement
for 3 years from the date the Certification
Statement is prepared. The Administrator may
promulgate such rules, as necessary, to facili-
tate implementation of this subsection, to har-
monize this certification requirement with other
certification requirements in this Act so as to
avoid multiple certification statements accom-
panying the same pesticide, and to ensure com-
pliance with the POPs Convention.
‘‘(D) SUBMISSION OF INFORMATION.—(i)
Upon a determination by the POPRC that a
proposal for listing a pesticide on Annex A,
Annex B, or Annex C fulfills the screening cri-
teria specified in Annex D, the Administrator
may publish a notice in the Federal Register
identifying the pesticide and summarizing the
POPRC’s determination. Within 60 days after
publication of any such Federal Register notice,
any registrant of the pesticide or other inter-
ested person that might support or object to
any listing of the pesticide on Annex A, Annex
B, or Annex C may provide to the Adminis-
trator any arguments or information associated
with the risks or benefits of use of the pesticide
that, in the opinion of the registrant or inter-
ested person, support a determination either
that the determination by the POPRC is cor-
rect or is incorrect or that some or all uses of
the pesticide in the United States cause or do
not cause unreasonable adverse effects on the
environment. Such information may include in-
formation specified in Annex D or Annex E.
Additional information not available to the reg-
istrant or person within 60 days after publica-
tion of the Federal Register notice, and argu-
ments based upon such additional information,
may be submitted within 60 days of the acquisi-
tion by the registrant or person of such addi-
tional information. Based upon information re-
ceived under this paragraph and on any other
relevant information available to the Adminis-
trator, the Administrator shall, within 180 days
after publication of the Federal Register notice,
submit to the Secretary of State a report that
contains, at a minimum, information on the
registered uses in the United States of the pes-
ticide and an assessment of the benefits and
risks associated with the uses in the United
States of the pesticide.
‘‘(ii) Following a decision by the POPRC
in Article 8.7 of the POPs Convention that a
pesticide shall proceed in the POPs Convention
listing process, the Administrator may publish a
notice in the Federal Register identifying the
pesticide and summarizing the POPRC’s deci-
sion. Within 60 days after publication of any
such Federal Register notice, any person inter-
ested in a pesticide that is the subject of such
notice may provide, consistent with the informa-
tion needs in Annex F, any information which
the person believes is relevant to the risk man-
agement evaluation in Article 8.7 of the POPs
Convention, a decision by the COP in Article
8.9 of the POPs Convention, or a determination
that some or all of the uses of the pesticide do
or do not cause unreasonable adverse effects on
the environment. At this time, any such person
may also provide information on articles in use
consisting of, containing, or contaminated with
the pesticide.
‘‘(iii) If a particular argument or piece of
information is not submitted in a timely man-
ner following publication of a notice in accord-
ance with clause (i) or (ii), no person may raise
such argument or submit such information in
any subsequent cancellation proceeding initiated
by the Administrator under section 6 of this
Act unless the person seeking to raise the argu-
ment or submit the information demonstrates
that the argument or information could not rea-
sonably have been made available to the Admin-
istrator earlier in accordance with the times set
forth in this subparagraph.
‘‘(3) LRTAP POPS PROTOCOL.—
‘‘(A) 
PROHIBITIONS.—Notwithstanding
any other provision of law, except as provided
in paragraph (3)(B) or paragraph (4) of this
subsection and consistent with the LRTAP
POPs Protocol, all sale, distribution, use, and
production of the following LRTAP POPs Pes-
ticides 
is 
prohibited: 
Aldrin, 
Chlordane,
Dieldrin, 
Endrin, 
Heptachlor,
Hexachlorobenzene, Mirex, Toxaphene, DDT,
Chlordecone, Hexabromobiphenyl, and HCH.
‘‘(B) EXEMPTIONS.—(i) To the extent con-
sistent with the LRTAP POPS Protocol, the
prohibitions in subparagraph (A) shall not
apply to:
‘‘(I) Quantities of a LRTAP POPs
Pesticide to be used for laboratory scale re-
search or as a reference standard.
‘‘(II) Quantities of a LRTAP POPs
Pesticide occurring as contaminants in
products.
‘‘(III) Quantities of a LRTAP POPs
Pesticide in an article manufactured or in
use on or before the date of entry into
force of any obligation in the LRTAP
POPs Protocol relevant to that LRTAP
POPs Pesticide.
‘‘(IV) Quantities of HCH so long as
any production and use complies with the
restrictions and conditions specified for
HCH in Annex II of the LRTAP POPs
Protocol.
‘‘(ii) The Administrator, with the concur-
rence of the Secretary of State, may grant an
exemption from the prohibitions in subpara-
graph (A) of this paragraph that is consistent
with exemptions allowed under Article 4, para-
graph 2 of the LRTAP POPs Protocol. In addi-
tion, any person may petition the Administrator
for an exemption from the prohibitions in sub-
paragraph A of this paragraph that is con-
sistent with exemptions allowed under Article 4,
paragraph 2 of the LRTAP POPs Protocol.
Any such petition must, at a minimum, contain
information related to each finding, if any, that
the Administrator must make according to the
terms of the LRTAP POPs Protocol before
granting the exemption, and any additional in-
formation, if any, that the Administrator is re-
quired to provide to the Secretariat of the
LRTAP POPs Protocol regarding a granted ex-
emption. The Administrator, with the concur-
rence of the Secretary of State shall, grant the
petition with conditions or limitations necessary
to meet any requirement of the LRTAP POPs
Protocol or any other provision of law, or deny
the petition. The Administrator may grant an
exemption only to the extent that it is allowed
for the United States under, and is otherwise
consistent with, the terms of the LRTAP POPs
Protocol. Notwithstanding any other provision
of law, if the Administrator grants such an ex-
emption, the Administrator, within 90 days of
granting the exemption, shall provide the Secre-
tariat of the LRTAP POPs Protocol with the
information specified in paragraph 3 of Article
4 of the LRTAP POPs Protocol. If, after an
exemption has been granted under this clause,
the exemption is no longer allowed for the
United States under the LRTAP POPs Pro-
tocol, it shall be unlawful for any person to con-
tinue to distribute, sell, produce, or use, a
LRTAP POPs Pesticide in the manner allowed
by the exemption.
Nothing in this subparagraph shall allow sale,
distribution, use, or production of any LRTAP
POPs Pesticide that is not otherwise allowed
under any other provision of law.
‘‘(C) CERTIFICATION STATEMENT ACCOM-
PANYING
LRTAP
POPS
PESTICIDES.—LRTAP
POPs Pesticides must be accompanied by a
Certification Statement when sold or distrib-
uted under subparagraph (B)(i)(I) and/or
(B)(ii) of this paragraph. This Certification
Statement must be prepared by the producer of
the pesticide. If there is no Certification State-
ment accompanying the pesticide, a Certifi-
cation Statement meeting the requirements of
this subparagraph must be prepared by the sell-
er or distributor of the pesticide and must ac-
company the pesticide when it is distributed or
sold. Such Certification Statement shall include
the amount and identity of the pesticide, the
basis for application of the enumerated provi-
sion(s), and any other information the Adminis-
trator determines, pursuant to notice and com-
ment rulemaking, is necessary for effective en-
forcement of this provision. Any person who
distributes or sells the pesticide must ensure
that the Certification Statement accompanies
the pesticide when it is distributed or sold, and
that the distribution or sale is consistent with
the Certification Statement. A copy of the Cer-
tification Statement shall be maintained by the
person preparing such Certification Statement
for 3 years from the date the Certification
Statement is prepared. The Administrator may
promulgate such rules, as necessary, to facili-
tate implementation of this provision, to har-
monize this certification requirement with other
certification requirements in this Act so as to
avoid multiple certification statements accom-
panying the same chemical, and to ensure com-
pliance with the LRTAP POPs Protocol.
‘‘(D) SUBMISSION OF INFORMATION.—(i)
Upon a submission of a risk profile to the Exec-
utive Body in support of a proposed amendment
to list a pesticide on Annex I, Annex II, or
Annex III, the Administrator may publish a no-
tice in the Federal Register identifying the pes-
ticide and summarizing the risk profile. Within
60 days after publication of any such Federal
Register notice, any registrant of the pesticide
or other interested person that might support
or object to any listing of the pesticide on
Annex I, Annex II, or Annex III may provide
to the Administrator any arguments or infor-
mation associated with the risks or benefits of
use of the pesticide that, in the opinion of the
registrant or other interested person, support a
determination either that the risk profile is cor-
rect or is incorrect or that some or all uses of
the pesticide in the United States cause or do
not cause unreasonable adverse effects on the
environment. Additional information not avail-
able to the registrant or person within 60 days
after publication of the Federal Register notice,
and arguments based upon such additional in-
formation, may be submitted within 60 days of
the acquisition by the registrant or person of
such additional information. Based upon infor-
mation received under this paragraph and on
any other relevant information available to the
Administrator, the Administrator shall, within
180 days after publication of the Federal Reg-
ister notice, submit to the Secretary of State
a report that contains, at a minimum, informa-
tion on the registered uses in the United States
of the pesticide and an assessment of the bene-
fits and risks associated with the uses in the
United States of the pesticide.
‘‘(ii) If a particular argument or piece of
information is not submitted in a timely man-
ner following publication of a notice in accord-
ance with clause (i), no person may raise such
argument or submit such information in any
subsequent cancellation proceeding initiated by
the Administrator under section 6 of this Act
unless the person seeking to raise the argument
or submit the information demonstrates that
the argument or information could not reason-
ably have been made available to the Adminis-
trator earlier in accordance with the times set
forth in this subparagraph.
‘‘(4) HARMONIZATION OF PARAGRAPHS (2) AND
(3).—If a pesticide is both a POPs Pesticide and a
LRTAP POPs Pesticide, the provisions in both
paragraph (2) and paragraph (3) of this subsection
shall apply to that pesticide. In the case of a conflict
between provisions in paragraph (2) and paragraph
(3) for that pesticide, the more stringent provision
shall govern. In any case, these provisions shall be
interpreted in a manner such that the United States
is in compliance with both the POPs Convention and
the LRTAP POPs Protocol for that pesticide.
‘‘(5) NOTICE AND RECORD OF PROHIBITIONS,
EXEMPTIONS, AND OTHER INFORMATION.—The Ad-
ministrator, in cooperation with the Secretary of
State, shall publish in the Federal Register timely
notice regarding (1) the POPs Pesticides subject to
the prohibitions in this section, any exemptions from
the prohibitions allowed under this section, including
any disallowances for any exemptions, and a list of
importing foreign states that are not parties to the
POPs Convention from which it has received annual
certifications pursuant to section 17(d)(2)(B)(v)(III)
of this Act; and (2) the LRTAP POPs Pesticides
subject to the prohibitions in this section and any
exemptions from the prohibitions allowed under this
section, including any disallowances for any exemp-
tions. The Administrator may include in this notice
any other information that the Administrator deems
necessary for ensuring adequate notice of the re-
quirements of this section, the POPs Convention, or
the LRTAP POPs Protocol. The Administrator shall
maintain a record that integrates the information in
such notice with the information published under
section 6(i) of the Toxic Substance Control Act, up-
date such record as needed, and make such record
publicly available.
‘‘(6) PIC CONVENTION.—
‘‘(A) REQUIREMENTS ON EXPORTS.—(i) In
the case of a pesticide or active ingredient used
in producing a pesticide identified by EPA in a
notice issued under section 17(d)(6)(B)(iii), any
person who distributes or sells for export such
pesticide or active ingredient shall comply with
export conditions or restrictions identified by
EPA in such notice and certify that such pes-
ticide or active ingredient complies with such
conditions or restrictions. The certification
statement shall include identification of such
pesticide or active ingredient, the foreign state
to which such pesticide or active ingredient is
intended for export, the export conditions or re-
strictions identified by EPA in its notice, a de-
scription of how the pesticide or active ingre-
dient complies with such conditions or restric-
tions, and any other information deemed nec-
essary by the Administrator for effective en-
forcement of the export conditions or restric-
tions applicable to such pesticide or active in-
gredient. The certification statement shall be
included among the shipping documents for
such pesticide or active ingredient and shall ac-
company such pesticide or active ingredient. A
copy of such certification shall be maintained
for 3 years by any person required to certify
compliance with such export conditions or re-
strictions. The Administrator may promulgate
such rules, as necessary, to facilitate implemen-
tation of this subsection, to harmonize this cer-
tification requirement with other certification
requirements in this Act so as to avoid multiple
certification statements accompanying the same
pesticide, and to ensure compliance with the
PIC Convention;
‘‘(ii) In the case of a pesticide or active in-
gredient used in producing a pesticide that is
determined by EPA to be banned or severely re-
stricted under section 17(d)(6)(B)(i), the ex-
porter shall notify EPA of its intent to export
such pesticide or active ingredient. Notice of in-
tent to export must be received by EPA at least
15 days prior to the first export (but no more
than 30 days prior to the first export) from the
territory of the United States to each importing
foreign state occurring after EPA issues a no-
tice 
of 
its 
determination 
under 
section
17(d)(6)(B)(i) and, thereafter, prior to the first
such export to each importing foreign state in
each calendar year. Notwithstanding the fore-
going, EPA may require that notices of intent
to export be received less than 15 days prior
to the first export and/or thereafter prior to the
first export in each calendar year if it deter-
mines, based on its experience with this notifi-
cation program, that it can operate the notifica-
tion program consistent with the PIC Conven-
tion with a shorter notice period. Notices of in-
tent to export shall include: the name and ad-
dress of the exporter; the name and address of
the relevant designated national authority of
the United States; the name and address of the
relevant designated national authority of the
importing foreign state, where available; the
name and address of the importer; the name of
the pesticide or active ingredient used in pro-
ducing a pesticide; the expected date of export;
the foreseen uses as a pesticide or active ingre-
dient used in producing a pesticide, if known,
in the importing foreign state; any information
on precautionary measures to reduce exposure
to, and emission of, the pesticide or active in-
gredient used in producing a pesticide; the con-
centration of the pesticide or active ingredient
used in producing a pesticide; and any other in-
formation otherwise specified in Annex V of the
PIC Convention.
‘‘(iii) In the case of any pesticide or active
ingredient used in producing a pesticide that is
the subject of a notice issued under sections
17(d)(6)(B)(i) or 17(d)(6)(B)(iii) and that is
distributed or sold for export, such pesticide or
active ingredient, shall, consistent with the PIC
Convention, bear labeling information on any
significant risks and/or hazards to human
health or the environment and be accompanied
by shipping documents that include any rel-
evant safety data sheets on such pesticide or ac-
tive ingredient. In addition, in the case of any
pesticide or active ingredient used in producing
a pesticide that is the subject of a notice issued
under section 17(d)(6)(B)(iii) and that is dis-
tributed or sold for export, such pesticide or ac-
tive ingredient must be accompanied by ship-
ping documents that bear, at a minimum, any
relevant harmonized system customs codes as-
signed by the World Customs Organization.
‘‘(B) NOTIFICATION REQUIREMENTS AND
EXEMPTIONS.—(i) The Administrator shall,
with the concurrence of the Secretary of State,
determine whether a pesticide or active ingre-
dient used in producing a pesticide is banned or
severely restricted within the United States as
those terms are defined by the PIC Convention.
Notwithstanding any other provision of law, the
Administrator shall issue a notice to the Secre-
tariat of the PIC Convention and to the public
of these determinations. Notice to the Secre-
tariat shall include the information specified in
Annex I of the PIC Convention and notice to
the public shall include, at a minimum, a sum-
mary of the same information.
‘‘(ii) Notwithstanding any other provision
of law, the Administrator shall, upon receipt,
provide each notice of intent to export received
under section 17(d)(6)(A)(ii) to the designated
national authority of the importing foreign
state. Where a designated national authority
has not been identified, the Administrator shall
provide such notice of intent to export to any
other appropriate official of the importing for-
eign state as identified by EPA.
‘‘(iii) The Administrator shall, with the
concurrence of the Secretary of State, issue a
notice informing the public of pesticides or ac-
tive ingredients used in producing a pesticide
that are listed on Annex III of the PIC Conven-
tion and of any importing foreign state’s condi-
tions or restrictions applicable to the import of
such pesticides or active ingredients consistent
with the PIC Convention. The conditions or re-
strictions identified by such notice(s) constitute
export conditions or restrictions for purposes of
section 17(d)(6)(A)(i). Such notice(s) shall be
issued within 3 months of, and the conditions
or restrictions made effective no later than 6
months from, receipt of notice(s) from the Sec-
retariat of the PIC Convention who transmits
Parties’ import decisions or their failure to pro-
vide import decisions.
‘‘(iv) The Administrator may issue a notice
exempting any pesticide or active ingredient
used in producing a pesticide from requirements
of sections 17(d)(6)(A)(i), (ii), or (iii) or section
17(d)(6)(B) if the Administrator determines,
with the concurrence of the Secretary of State,
that such exemption would be consistent with
the PIC Convention.
‘‘(v) To the extent appropriate, the Admin-
istrator shall integrate the information con-
tained in any notice issued under this para-
graph into the notice published pursuant to sec-
tion 17(d)(5) of this Act and section 6(i) of the
Toxic Substances Control Act.
‘‘(C) HARMONIZATION OF PARAGRAPHS (2)
AND (6) OF THIS SUBSECTION.—If distribution
or sale for export of a pesticide or active ingre-
dient used in producing a pesticide is addressed
or restricted under both paragraphs (2) and (6)
of this subsection, the provisions in both para-
graph (2) and paragraph (6) of this subsection
shall apply to that pesticide or active ingredient
used in producing a pesticide. In the case of a
conflict between provisions in paragraph (2)
and paragraph (6) for that pesticide or active
ingredient used in producing a pesticide, the
more stringent provision shall govern. In any
case, these provisions shall be interpreted in a
manner such that the United States is in com-
pliance with both the POPs Convention and the
PIC Convention for that pesticide or active in-
gredient used in producing a pesticide.’’.
Æ