[House Report 109-668]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-668
======================================================================
PIC AND POPS CONVENTIONS AND THE LRTAP POPS PROTOCOL IMPLEMENTATION ACT
_______
September 19, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on Agriculture, submitted the
following
R E P O R T
[To accompany H.R. 3849]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 3849) to amend the Federal Insecticide, Fungicide, and
Rodenticide Act to implement pesticide-related obligations of
the United States under the international conventions or
protocols known as the PIC Convention, the POPs Convention, and
the LRTAP POPs Protocol, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Brief Explanation
H.R. 3849 will amend the Federal Insecticide, Fungicide,
and Rodenticide Act to implement pesticide-related obligations
of the United States under the international conventions or
protocols known as the PIC Convention, the POPs Convention, and
the LRTAP POPs Protocol.
Purpose and Need
H.R. 3849 provides the necessary legislation to implement
the Federal, Insecticide, Fungicide, and Rodenticide Act
(FIFRA)-related provisions of three international agreements:
the Stockholm Convention on Persistent Organic Pollutants
(POPs), the Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals in International
Trade (PIC), and the Protocol on Persistent Organic Pollutants
to the 1979 Convention on Long-Range Transboundary Air
Pollution (LRTAP POPs Protocol). U.S. ratification of these
three agreements requires targeted amendments to both FIFRA and
the Toxics Substances Control Act (TSCA) to ensure that the
United States can meet and effectively implement the
obligations of the agreements.
The Stockholm Convention on Persistent Organic Pollutants
(POPs) aims to protect human health and the environment from
chemicals that are of particular concern because they are known
to be toxic, bioaccumulative, resistant to natural breakdown,
and capable of long-range transport. Each of the twelve
chemicals in the Convention has been scientifically linked to
adverse human health effects and are already banned, severely
restricted, or controlled in the United States. These chemicals
are still in use in many places abroad, particularly in
developing countries. The Convention prohibits production and
use of eight pesticides and industrial chemicals subject to
certain exemptions. The Convention also restricts DDT use to
public health applications and prohibits new PCB production,
while imposing import and export controls on listed chemicals.
Parties promote the application of Best Available Techniques
(BAT) on key industrial sources and ensure POPs wastes are
managed in an environmentally sound manner. The Convention
creates a science-based procedure to consider the addition of
other chemicals that may be POPs. The Convention entered into
force in May of 2004.
The Convention on Long-Range Transboundary Air Pollution
(LRTAP) POPs Protocol is a regional agreement negotiated
primarily by developed countries. It was finalized prior to the
global Stockholm Convention, and the Protocol was used in some
ways as a model for the Convention. The structure and core
obligations of the Stockholm Convention and LRTAP POPs
agreements are very similar in restricting the production, use,
or release of certain toxic chemicals. There are three main
differences between the two agreements. First, the LRTAP POPs
is a regional agreement open only to states in Europe, the
former Soviet States, Canada, and the United States. Second,
the LRTAP POPs Protocol does not include the same kind of trade
measures nor provisions for financial and technical assistance
found in the POPs treaty. Finally, the LRTAP POPs Protocol
covers four additional chemicals in its scope, each of which is
banned or controlled in the United States. The LRTAP POPs
Protocol entered into force in October of 2003.
The Rotterdam Convention establishes an information-sharing
process that facilitates informed decision-making about whether
to import a listed chemical. Both importing and exporting
Parties have responsibilities to facilitate information
exchange on the risks associated with a listed chemical. The
scope of the Convention is limited to banned or severely
restricted industrial chemicals and pesticides and to severely
hazardous pesticide formulations. Importing Parties make a
notification of whether/how they will allow for imports of each
listed chemical, and exporting Parties ensure that any exports
are not contrary to an importing Party's notification. The
Rotterdam Convention includes a technical committee, the
Chemical Review Committee, which reviews notifications in
accordance with the Convention's criteria, and may recommend to
the Parties whether to list additional chemicals. The
Convention entered into force in February of 2004.
Over the last 30 years, the United States has taken
extensive steps to address the twelve substances covered by the
POPs Convention and the sixteen LRTAP substances, as well as
the thirty nine substances found on the PIC list. As a result,
the United States is generally in compliance with the treaty.
There are only a few small gaps to close in terms of U.S.
legislative authorities, such as formally prohibiting
production of listed pesticides and prohibiting potential
future use of unregistered pesticides. The legislation passed
by this Committee, outlined in the following review of the
bill, H.R. 3849, closes those gaps by amending FIFRA, and a
complementary bill has been passed by the House Energy and
Commerce Committee (H.R. 4591) amending the Toxic Substance
Control Act.
Section-by-Section Analysis
Section 1--Short title
Sec. 2--Definitions
Amends section 2 of FIFRA by adding the definitions of
Conference, Conference Listing Decision, Designated National
Authority, Executive Body, Executive Body Decision, HCH, a list
of LRTAP POPs Pesticides, LRTAP Pops Protocol, PCB, PIC
Convention, POPs Convention, POPs Pesticide, POPs review
Committee.
Sec. 3--Amendments to section 17 of FIFRA reflecting new paragraphs
(a)(2-14)
Amends section 17 of FIFRA in the following ways (section
and paragraph references below refer to FIFRA as amended by
this bill)--
Section 17(a)(2)
Amends section 17(a)(2) and provides that a purchaser of a
pesticide that is not registered under section 3 or sold under
section 6(a)(1) is required to sign a statement prior to export
acknowledging that the purchaser understands that such
pesticide is not registered for sale in the U.S.
Section 17(c). Importation of pesticides and devices
Amends 17(c) to provide that nothing in this subsection
allows for importation of a POPS pesticide or LRTAP POPs
pesticide that otherwise is prohibited under subsection (e),
the POPs Convention, LRTAP Pops Protocol and PIC Convention
subsection.
Section 17(d). Cooperation in international efforts
generally
Directs the administrator to participate and cooperate in
international efforts to develop and improve pesticide research
and regulations.
Section 17(e)(1). In general
Directs the Administrator to participate in ``technical
cooperation and capacity building activities'' designed to
support implementation of the POPs Convention, the LRTAP Pops
Protocol and the PIC Convention.
Section 17(e)(2). Prohibitions
Prohibits anyone from selling, producing, using,
distributing, or disposing in ways contrary to the POPs or
LRTAP convention.
Section 17(e)(3). Notice and report after decision that
screening criteria are met under the POPs
Convention or after risk profile submitted under
the LRTAP POPs protocol
Provides that new paragraph (e)(3) applies if POPs Review
Committee or Conference decides proposal to list pesticide
fulfills screening criteria or shall proceed or if there is a
risk profile supporting a proposal under the LRTAP POPs
Protocol. Further provides that the administrator may publish
notice about the activities of the LRTAP or POPs bodies. Allows
for interested persons to comment and lists the required
elements of the notice. Directs the Administrator to publish
for comments and peer review, a report in consultation with
USDA and HHS about the use of that chemical in the U.S.A. and
internationally. Such report shall be published not later than
240 days after notice publication.
Section 17(e)(4). Notice and report after decision that
global action is warranted under the POPs
Convention or that further consideration of the
pesticide is warranted under the LRTAP POPs
protocol
Provides that this paragraph applies if the POPs Review
Committee or the Executive Body determines that global action
is warranted or that further consideration is warranted.
Authorizes the Administrator to publish the decision in the
Federal Register and allow an opportunity to comment. Provides
the elements of such notice and requires a comment period of 60
days from the date of publication. Further provides that the
Administrator shall issue a report for public comment within
240 days of the publication of notice.
Section 17(e)(5). Notice after recommendation that
conference consider listing or after completion of
a technical review
Provides that this paragraph applies if the POPs Review
Committee recommends consideration of a Conference listing
decision (under paragraph 9 of Article 8 of the POPs
Convention) or after a Technical Review of a proposal to list a
pesticide on an Annex. Provides that the Administrator may
publish in the Federal Register a notice of the recommendation
or the technical review. Further provides the elements of such
notice.
Section 17(e)(6). Provision of information to the public
Requires the Administrator to publish notice once a year in
the Federal Register that identifies any pesticide that is the
subject of a listing proposal under article 8 of the POPs
protocol or Article 14 of the LRTAP POPs Protocol, any
pesticide that the Conference or Executive Body has added to
Annex A or B of the POPs Convention or Annex I or II of the
LRTAP POPs Protocol, and describes any regulatory action the
Administrator has taken or is taking related to any pesticide
that the Conference or Executive Body added to Annex A or B of
the POPs Convention or Annex I or II of the LRTAP POPs
Protocol.
Section 17(e)(7). Consideration of information in
cancellation of registration or prohibition of
production for export or export of pesticides
Provides the factors that the Administrator may consider in
the case of a cancellation proceeding under section 6 of FIFRA.
Section 17(e)(8). No effect on other provisions
Provides that nothing in subsection (e) shall authorize the
sale of any POPs or LRTAP POPs pesticide that is prohibited
under other law.
Section 17(e)(9). Requirements for exports
Requires any person that distributes a pesticide listed in
Annex III of the PIC Convention to comply with restrictions or
conditions of import by foreign governments, as identified by
the Administrator.
Section 17(e)(10). Pre-export notices
Requires an exporter of a pesticide or active ingredient
used in producing a pesticide to provide notice to the
Administrator in certain cases. Provides the time frame for
such notice and permits the Administrator to change the time
frames if the Administrator determines that an alternate time
frame is appropriate. Requires the Administrator to review the
time frames within 18 months of entry into force of the PIC
Convention and within 19 months of entry into force of the POPs
Convention to determine whether changes need to be made.
Describes the content of pre-export notices. Requires an
exporter to ensure that a copy of the most recent applicable
pre-export notice accompanies each shipment for export and is
available for inspection. Further requires exporters to retain
pre-export notices and the records used to write the notice for
not less than 3 years beginning on the date on which the notice
is provided.
Section 17(e)(11). Labeling requirements
Requires any PIC pesticide that requires a pre-export
notice to bear a label identifying risks or hazards to health
and the environment and shall include safety information.
Further requires any PIC pesticide to bear a label with
appropriate harmonized system customs codes assigned by the
World Customs Organization.
Section 17(e)(12). Notice requirements and exemption
Requires the Administrator to determine whether a pesticide
is banned or severely restricted in the U.S. The Administrator
shall issue to the Secretariat of the PIC Convention the
information specified in Annex I of the PIC Convention and to
the public a summary of that information.
Requires the Administrator to provide a copy of the export
notice to the importing country once notice of export is
received.
Requires the Administrator to give notice to the public on
any pesticide listed on Annex III to the PIC Convention and any
condition or restriction of an importing state. The notice
shall be issued not later than 90 days and shall take effect
not later than 180 days after the date of receipt from the
Secretariat of the PIC Convention. A noticed restriction/
condition shall be considered to be an export condition or
restriction.
Authorizes the Administrator to issue an exemption for any
pesticide or active ingredient if the administrator determines
that the exemption would be consistent with the PIC Convention
or POPs Convention.
Section 17(e)(13). Harmonization of POPs Convention and
LRTAP POPs Protocol
Provides that when a pesticide is both a POPs pesticide and
a LRTAP POPs pesticide, the Administrator should determine the
more stringent provision of this subsection and apply such
provision. Further provides that this paragraph shall be
applied so that the United States is in compliance with its
obligations under both the POPs Convention and LRTAP POPs
Protocol.
Section 17(e)(14). Harmonization of POPs Convention and PIC
Convention
Provides that if the export of a pesticide is restricted
under paragraphs (2) through (7) and (9) through (12), all
those paragraphs shall apply, but if conflict exists between
these provisions, the more stringent provision shall govern.
Requires application of paragraphs (2) through (12) to comply
with the United States' obligations under the POPs Convention
and the PIC Convention.
Section 17(f). Regulations
Authorizes the Administrator to issue necessary
regulations, and requires the Secretary of the Treasury to
issue regulations for the enforcement of subsection (c) of
section 17.
Section 4--Conforming amendments
Section 5--Conforming amendments to FIFRA table of contents
Committee Consideration
I. HEARINGS
On July 20, 2006, the Committee on Agriculture held a
hearing on H.R. 3849, legislation necessary to ratify three
international treaties regulating to the use of chemicals to
protect human health as well as environmental health. The
treaties involved include: the Stockholm Convention on
Persistent Organic Pollutants (PICs), the Protocol on
Persistent Organic Pollutants to the Convention on Long-Range
Transboundary Air Pollution (LRTAP POPs), and the Rotterdam
Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade
(POPs). H.R. 3849 would amend the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA) to put the U.S. in
compliance with the treaties.
II. FULL COMMITTEE CONSIDERATION
The Committee on Agriculture met, pursuant to notice, with
a quorum present, on July 27, 2006, to consider H.R. 3849,
legislation to amend the Federal Insecticide, Fungicide, and
Rodenticide Act to implement pesticide-related obligations of
the United States under the international convention or
protocols known as the PIC Convention, the POPs Convention, and
the LRTAP POPs Protocol.
By unanimous consent, the Subcommittee on Conservation,
Credit, Rural Development, and Research was discharged from
further consideration and H.R. 3849 was placed before the full
Committee and opened for amendment at any point.
Members were recognized and each made a statement in
support of the legislation. Counsel was also recognized for a
brief explanation of the bill. There being no amendments, Mr.
Peterson moved that H.R. 3849 be reported favorably to the
House with the recommendation that it pass.
By a voice vote, and in the presence of a quorum, H.R. 3849
was ordered favorably reported to the House.
Chairman Goodlatte then advised Members that pursuant to
the rules of the House of Representative that Members have 2
calendar days to file such views with the Committee. No Members
came forth with intent to file additional views.
Without objection, staff was given permission to make any
necessary clerical, technical or conforming changes to reflect
the intent of the Committee.
Chairman Goodlatte thanked all the Members and adjourned
the meeting subject to the call of the chair.
Reporting the Bill--Rollcall Votes
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 3849 was reported by voice vote with a
majority quorum present. There was no request for a recorded
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Agriculture's
oversight findings and recommendations are reflected in the
body of this report.
Budget Act Compliance (Sections 308, 402, and 423)
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 9, 2006.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3849, the PIC and
POPs Conventions and the LRTAP POPs Protocol Implementation
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Donald B. Marron,
Acting Director.
Enclosure.
H.R. 3849--PIC and POPs Conventions and the LRTAP POPs Protocol
Implementation Act
H.R. 3849 would amend the Federal Insecticide, Fungicide,
and Rodenticide Act to authorize the Environmental Protection
Agency (EPA) to implement pesticide-related provisions of three
international environmental agreements: the Stockholm
Convention on Persistent Organic Pollutants (POPs Convention),
the Protocol to the 1979 Convention on Long-Range Transboundary
Air Pollution for POPs (POPs Protocol to LRTAP), and the
Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International
Trade (PIC Convention). Those agreements are intended to help
protect environmental and human health by eliminating or
restricting the use of certain pesticides and to provide a
means for participating countries to obtain and disseminate
information about chemicals that may be imported and exported.
CBO estimates that implementing H.R. 3849 would cost $5
million over the next five years, assuming appropriation of the
necessary amounts. Those funds would support additional
personnel for EPA. Although the agency currently regulates many
of the pesticides that would be affected by these agreements,
this legislation would add to its responsibilities.
Specifically, EPA would participate in the international
process for determining whether additional pesticides should be
prohibited or restricted from use under the agreements. The
agency would then oversee the process necessary to implement
any prohibition or restriction that the United States chooses
to pursue. EPA's duties would include issuing public notices
following decisions by the committees established under the
agreements, issuing reports on the benefits and risks
associated with the use of certain pesticides, and developing
and enforcing regulations.
Based on information from EPA, CBO estimates that these
activities would cost about $1 million a year, assuming
appropriation of the necessary amounts. Enacting H.R. 3849
would not affect direct spending or revenues.
Section 4 of the Unfunded Mandates Reform Act excludes from
the application of that act any legislative provisions that are
necessary for the ratification or implementation of
international treaty obligations. Because this bill would
implement three treaties, it falls within that exclusion. CBO
has thus not reviewed the bill for intergovernmental or
private-sector mandates.
On August 3, 2006, CBO transmitted a cost estimate for H.R.
4591, the Stockholm and Rotterdam Toxics Treaty Act of 2006, as
ordered reported by the House Committee on Energy and Commerce
on July 21, 2006. H.R. 4591 and H.R. 3849 address the
implementation of the same international treaties. H.R. 4591
would require EPA to conduct a cost-benefit analysis when
deciding whether to prohibit or ban certain chemicals. H.R.
3849 would not specifically require a cost-benefit analysis by
EPA in its review of any pesticides under the international
agreements. The CBO cost estimates for these bills reflect
these differences.
The CBO staff contacts for this estimate is Susanne S.
Mehlman. This estimate was approved by Robert A. Sunshine,
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objections of this legislation are to
amend the Federal Insecticide, Fungicide, and Rodenticide Act
to implement pesticide-related obligations of the United States
under the international conventions or protocols known as the
PIC Convention, the POPs Convention, and the LRTAP POPs
Protocol.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the
Constitutional authority for this legislation in Article I,
clause 8, section 18, that grants Congress the power to make
all laws necessary and proper for carrying out the powers
vested by Congress in the Constitution of the United States or
in any department or officer thereof.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Federal Mandates Statement
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--
Section 1. Short title and table of contents.
(a) Short title.
(b) Table of contents.
Sec. 2. Definitions.
(a) Active ingredient.
* * * * * * *
(pp) Conference.
(qq) Conference Listing Decision.
(rr) Designated national authority.
(ss) Executive Body.
(tt) Executive Body Decision 1998/2.
(uu) HCH.
(vv) LRTAP POPs pesticide.
(ww) LRTAP POPs protocol.
(xx) PCB.
(yy) PIC Convention.
(zz) POPs Convention.
(aaa) POPs pesticide.
(bbb) POPs Review Committee.
* * * * * * *
Sec. 17. Imports and exports.
(a) Pesticides and devices intended for export.
* * * * * * *
[(d) Cooperation in international efforts.
[(e) Regulations.]
(d) Cooperation in international efforts generally.
(e) Pops Convention, LRTAP Pops Protocol, and PIC Convention.
(1) In general.
(2) Prohibitions.
(3) Notice and report after decision that screening criteria are met
under the POPS Convention or after risk profile submitted
under the LRTAP POPS Protocol.
(4) Notice and report after decision that global action is warranted
under the POPS Convention or that further consideration of
the pesticide is warranted under the LRTAP POPS Protocol.
(5) Notice after recommendation that conference consider listing or
after completion of a technical review.
(6) Provision of information to the public.
(7) Consideration of information in cancellation of registration or
prohibition of production for export or export of
pesticides.
(8) No effect on other provisions.
(9) Requirements for exports.
(10) Pre-export notices.
(11) Labeling requirements.
(12) Notice requirements and exemption.
(13) Harmonization of POPS convention and LRTAP POPS protocol.
(14) Harmonization of POPS convention and PIC convention.
(f) Regulations.
(1) In general.
(2) Importation of pesticides and devices.
* * * * * * *
SEC. 2. DEFINITIONS.
For purposes of this Act--
(a) * * *
* * * * * * *
(pp) Conference.--The term ``Conference'' means the
Conference of the Parties established by paragraph 1 of Article
19 of the POPs Convention.
(qq) Conference Listing Decision.--The term ``Conference
Listing Decision'' means a decision by the Conference to
approve an amendment to list a pesticide in Annex A or Annex B
to the POPs Convention.
(rr) Designated National Authority.--The term ``designated
national authority'' means the authority or authorities that a
government has designated in a notification to the PIC
Convention Secretariat in accordance with Article 4 of the PIC
Convention.
(ss) Executive Body.--The term ``Executive Body'' means the
Executive Body established by Article 10 of the 1979 Convention
on Long-Range Transboundary Air Pollution.
(tt) Executive Body Decision 1998/2.--The term ``Executive
Body Decision 1998/2'' means the decision of the Executive Body
titled ``Executive Body Decision 1998/2 on Information to Be
Submitted and the Procedure for Adding Substances to Annexes I,
II, or III to the Protocol on Persistent Organic Pollutants''
and any other Executive Body decision done pursuant to Article
14 of the LRTAP POPs Protocol.
(uu) HCH.--The term ``HCH'' means hexachlorocyclohexane.
(vv) LRTAP POPs Pesticide.--The term ``LRTAP POPs pesticide''
means--
(1) aldrin;
(2) chlordane;
(3) chlordecone;
(4) dichlorodiphenyltrichloroethane (DDT);
(5) dieldrin;
(6) endrin;
(7) HCH;
(8) heptachlor;
(9) hexachlorobenzene;
(10) hexabromobiphenyl;
(11) mirex;
(12) PCBs;
(13) toxaphene; and
(14) any other pesticide--
(A) that is listed on Annex I or Annex II of
the LRTAP POPs Protocol;
(B) that has no existing United States
registrations that would prevent the United
States from complying with its obligations
under the LRTAP POPs Protocol if the United
States were to become a party to the LRTAP POPs
Protocol for that pesticide; and
(C) for which an amendment listing it on
Annex I or Annex II of the LRTAP POPs Protocol
has entered into force for the United States.
(ww) LRTAP POPs Protocol.--The term ``LRTAP POPs Protocol''
means the Protocol on Persistent Organic Pollutants to the 1979
Convention on Long-Range Transboundary Air Pollution done at
Aarhus on June 24, 1998, if the United States is a party and
any subsequent amendment to which the United States is a party.
(xx) PCB.--The term ``PCB'' means a polychlorinated biphenyl.
(yy) PIC Convention.--The term ``PIC Convention'' means the
Rotterdam Convention on the Prior Informed Consent Procedure
for Certain Hazardous Chemicals and Pesticides in International
Trade done at Rotterdam on September 10, 1998, if the United
States is a party and any subsequent amendment to which the
United States is a party.
(zz) POPs Convention.--The term ``POPs Convention'' means the
Stockholm Convention on Persistent Organic Pollutants done at
Stockholm on May 22, 2001, if the United States is a party and
any subsequent amendment to which the United States is a party.
(aaa) POPs Pesticide.--The term ``POPS pesticide'' means--
(1) aldrin;
(2) chlordane;
(3) dichlorodiphenyltrichloroethane (DDT);
(4) dieldrin;
(5) endrin;
(6) heptachlor;
(7) hexachlorobenzene;
(8) mirex;
(9) PCBs;
(10) toxaphene; and
(11) any other pesticide--
(A) that is listed on Annex A or Annex B of
the POPs Convention;
(B) that has no existing United States
registrations that would prevent the United
States from complying with its obligations
under the POPs Convention if the United States
were to become a party to the POPs Convention
for that pesticide; and
(C) for which an amendment listing it on
Annex A or Annex B of the POPs Convention has
entered into force for the United States.
(bbb) POPs Review Committee.--The term ``POPs Review
Committee'' means the Persistent Organic Pollutants Review
Committee established under paragraph 6 of Article 19 of the
POPs Convention.
SEC. 3. REGISTRATION OF PESTICIDES.
(a) * * *
(b) Exemptions.--[A pesticide] Except as provided in section
17, a pesticide which is not registered with the Administrator
may be transferred if--
(1) * * *
* * * * * * *
SEC. 12. UNLAWFUL ACTS.
(a) In General.--
(1) * * *
(2) It shall be unlawful for any person--
(A) * * *
* * * * * * *
(R) to submit to the Administrator data known
to be false in support of a registration; [or]
(S) to violate any regulation issued under
section 3(a) or 19[.]; or
(T) to violate any provision of section 17 or
any regulation promulgated under that section.
* * * * * * *
SEC. 17. [IMPORTS AND EXPORTS.] IMPORTS, EXPORTS, AND INTERNATIONAL
CONVENTIONS.
(a) Pesticides and Devices Intended for Export.--
Notwithstanding any other provision this Act, no pesticide or
device or active ingredient used in producing a pesticide
intended solely for export to any foreign country shall be
deemed in violation of [this Act--] this Act, if--
(1) [when] the pesticide or device or active
ingredient used in producing a pesticide is prepared or
packed according to the specifications or directions of
the foreign purchaser, except that producers of such
pesticides and devices and active ingredients used in
producing pesticides shall be subject to sections 2(p),
2(q) (1) (A), (C), (D), (E), (G), and (H), 2(q) (2)
(A), (B), (C) (i) and (iii), and (D), 7, and 8 of this
Act; [and]
[(2) in the case of any pesticide other than a
pesticide registered under section 3 or sold under
section 6(a) (1) of this Act, if, prior to export, the
foreign purchaser has signed a statement acknowledging
that the purchaser understands that such pesticide is
not registered for use in the United States and cannot
be sold in the United States under this Act.
A copy of that statement shall be transmitted to an appropriate
official of the government of the importing country.]
(2) in the case of any pesticide other than a
pesticide registered under section 3 or sold under
section 6(a)(1), the foreign purchaser has, prior to
export, signed a statement acknowledging that the
purchaser understands that the pesticide is not
registered for use in the United States and cannot be
sold in the United States under this Act; and
(3) such export is in compliance with all of the
applicable provisions of this section.
A copy of the statement under paragraph (2) shall be
transmitted to an appropriate official of the government of the
importing country.
* * * * * * *
(c) Importation of Pesticides and Devices.--The Secretary of
the Treasury shall notify the Administrator of the arrival of
pesticides and devices and shall deliver to the Administrator,
upon the Administrator's request, samples of pesticides or
devices which are being imported into the United States, giving
notice to the owner or consignee, who may appear before the
Administrator and have the right to introduce testimony. If it
appears from the examination of a sample that it is
adulterated, or misbranded or otherwise violates the provisions
set forth in this Act, or is otherwise injurious to health or
the environment, the pesticide or device may be refused
admission, and the Secretary of the Treasury shall refuse
delivery to the consignee and shall cause the destruction of
any pesticide or device refused delivery which shall not be
exported by the consignee within 90 days from the date of
notice of such refusal under such regulations as the Secretary
of the Treasury may prescribe. The Secretary of the Treasury
may deliver to the consignee such pesticide or device pending
examination and decision in the matter on execution of bond for
the amount of the full invoice value of such pesticide or
device, together with the duty thereon, and on refusal to
return such pesticide or device for any cause to the custody of
the Secretary of the Treasury, when demanded, for the purpose
of excluding them from the country, or for any other purpose,
said consignee shall forfeit the full amount of said bond. All
charges for storage, cartage, and labor on pesticides or
devices which are refused admission or delivery shall be paid
by the owner or consignee, and in default of such payment shall
constitute a lien against any future importation made by such
owner or consignee. Nothing in this subsection shall permit the
import of any POPS pesticide or LRTAP POPS pesticide that
otherwise is prohibited under subsection (e) of this section.
[(d) Cooperation in International Efforts.--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 improved pesticide
research and regulations.
[(e) Regulations.--The Secretary of the Treasury, in
consultation with the Administrator, shall prescribe
regulations for the enforcement of subsection (c) of this
section.]
(d) Cooperation in International Efforts Generally.--The
Administrator shall participate and cooperate in any
international efforts to develop improved pesticide research
and regulations.
(e) Pops Convention, LRTAP Pops Protocol, and PIC
Convention.--
(1) In general.--The Administrator shall participate
in technical cooperation and capacity building
activities designed to support implementation of the
POPs Convention, the LRTAP POPs Protocol, and the PIC
Convention.
(2) Prohibitions.--No person may sell, distribute,
use, produce, or dispose of a POPS pesticide or LRTAP
POPS pesticide in a manner inconsistent with
obligations of the United States under the POPs
Convention or LRTAP POPs Protocol.
(3) Notice and report after decision that screening
criteria are met under the pops convention or after
risk profile submitted under the lrtap pops protocol.--
(A) Applicability.--This paragraph applies
if--
(i) the POPs Review Committee or
Conference decides--
(I) under paragraph 4(a) of
Article 8 of the POPs
Convention, that a proposal for
listing a pesticide in Annex A,
B, or C to the POPs Convention
fulfills the screening criteria
specified in Annex D to the
POPs Convention; or
(II) under paragraph 5 of
Article 8 of the POPs
Convention, that such a
proposal shall proceed; or
(ii) a party to the LRTAP POPs
Protocol submits to the Executive Body
a risk profile in support of a proposal
to list a pesticide in Annex I, II, or
III to the LRTAP POPs Protocol.
(B) Notice.--After the date of the POPs
Review Committee or Conference decision on a
proposal or the submission of a risk profile in
support of a proposal under the LRTAP POPs
Protocol described in clauses (i) or (ii) of
subparagraph (A), respectively, the
Administrator may--
(i) publish in the Federal Register a
notice of the proposal; and
(ii) provide opportunity for comment
on the proposal.
(C) Required elements of notice.--A notice
under subparagraph (B) shall--
(i) identify the pesticide that is
the subject of the proposal;
(ii) include a summary of the process
under the POPs Convention or the LRTAP
POPs Protocol for the submission of a
proposal and listing of a pesticide
that is the subject of a proposal
(including criteria applied in that
process);
(iii) include a summary of the POPs
Review Committee or Conference decision
and the basis for the decision or a
summary of the risk profile that a
party to the LRTAP POPs Protocol
submitted to the Executive Body;
(iv) request information relevant to
and comment on--
(I) in the case of a
pesticide proposed for listing
in an Annex to the POPs
Convention, the information
requirements and screening
criteria elements covered under
Annex D to the POPs Convention;
or
(II) in the case of a
pesticide proposed for listing
in an Annex to the LRTAP POPs
Protocol, the information
referenced in paragraph 6(a) of
Article 14 of the LRTAP POPs
Protocol;
(v) request information set forth in
subparagraph (D);
(vi) include any other information
that the Administrator considers to be
relevant to the proposal;
(vii) request information and comment
on information relevant to the risk
profile of the POPs Review Committee
covered under Annex E to the POPs
Convention and on information relevant
to any technical review conducted under
paragraph 2 of Executive Body Decision
1998/2; and
(viii) include a statement that any
information submitted may be part of
the record of any cancellation
proceeding related to the pesticide
that the Administrator may undertake
under section 6.
(D) Provision of information.--
(i) Provision of information under
pops convention.--Within 60 days after
the date of publication of the notice
under subparagraph (B) regarding a
proposal to list a pesticide on an
Annex to the POPs Convention, or within
a later date as determined by the
Administrator, any interested person
may provide to the Administrator
information or comment on--
(I) the annual quantity of
the pesticide manufactured and
the locations of the
manufacture;
(II) the uses of the
pesticide;
(III) the approximate annual
quantity of the pesticide that
is released into the
environment; and
(IV) other information or
monitoring data relating to the
pesticide that is consistent
with the information specified
in paragraph 1 of Annex D, and
subsections (b) through (e) of
Annex E, to the POPs
Convention.
(ii) Provision of information under
lrtap pops protocol.--Within 60 days
after the date of publication of the
notice under subparagraph (B) regarding
a proposal to list a pesticide on an
Annex of the LRTAP POPs Protocol, or
within a later date as determined by
the Administrator, any interested
person may provide to the Administrator
information on--
(I) the potential for long-
range transboundary atmospheric
transport of the pesticide;
(II) the toxicity of the
pesticide;
(III) the persistence of the
pesticide, including biotic
degradation process and rates
of degradation products;
(IV) the bioaccumulation of
the pesticide, including
bioavailability;
(V) the annual quantity of
the pesticide manufactured and
the locations of the
manufacture;
(VI) the uses of the
pesticide;
(VII) the approximate annual
quantity of the pesticide
released into the environment;
(VIII) environmental
monitoring data relating to the
pesticide (in areas distant
from sources);
(IX) information on--
(aa) alternatives to
the uses of the
pesticide and the
efficacy of each
alternative; and
(bb) known adverse
environmental or human
health effects
associated with each
alternative;
(X) information on--
(aa) process changes,
control technologies,
operating practices,
and other pollution
prevention techniques
that can be used to
reduce the emissions of
the pesticide; and
(bb) the
applicability and
effectiveness of each
technique describe in
item (aa); and
(XI) information on
nonmonetary costs and benefits
and the quantifiable costs and
benefits associated with the
use of each alternative
described in subclause (IX) or
technique described in
subclause (X)(aa).
(E) Report by administrator.--Based upon
information received under this paragraph and
any other relevant information available to the
Administrator, the Administrator, not later
than 240 days after the date of publication of
a notice under subparagraph (B), after
consulting with the Secretary of Agriculture
or, for public health pesticides, with the
Secretary of Health and Human Services, shall
issue for public comment and peer review a
report that contains, at a minimum--
(i) information on the production and
uses in the United States of the
pesticide; and
(ii) a review of the benefits and
risks in the United States and
internationally associated with the
production and uses in the United
States and internationally of the
pesticide.
(4) Notice and report after decision that global
action is warranted under the pops convention or that
further consideration of the pesticide is warranted
under the lrtap pops protocol.--
(A) Applicability.--This paragraph applies
if--
(i) the POPs Review Committee
decides, under paragraph 7(a) of
Article 8 of the POPs Convention, that
global action is warranted with respect
to the pesticide that is the subject of
the proposal, or the Conference decides
under paragraph 8 of that Article that
the proposal shall proceed; or
(ii) the Executive Body determines
pursuant to paragraph 2 of Executive
Body Decision 1998/2 that further
consideration of the pesticide is
warranted and therefore requires 1 or
more technical reviews of the proposal.
(B) Notice.--After the date of the decision
or determination under subparagraph (A), the
Administrator may--
(i) publish in the Federal Register a
notice of the decision or
determination; and
(ii) provide an opportunity for
comment on the decision or
determination.
(C) Required elements of notice.--A notice
under subparagraph (B) shall--
(i) identify the pesticide that is
the subject of the proposal;
(ii) include a summary of the POPs
Review Committee or Conference decision
and the basis for the decision or the
Executive Body determination and the
basis for the determination;
(iii) for a pesticide proposed for
addition to an Annex of the POPs
Convention, request information and
comment on socioeconomic considerations
covered under Annex F of the POPs
Convention, including on the technical
feasibility and costs and benefits of
the range of possible prohibitions
outlined pursuant to clause (vii);
(iv) for a pesticide proposed for
listing on an Annex to the LRTAP POPs
Protocol, request information and
comment on--
(I) any additional measures
not outlined in the notice
published pursuant to clause
(vii) that may exist to reduce
the risks of adverse health
effects on human health or the
environment that result from
its long-range transboundary
atmospheric transport;
(II) whether any of the
additional measures or the
measures outlined in the notice
published pursuant to
subparagraph (vii) are
technically feasible; and
(III) the associated costs
and benefits of the additional
measures and the measures
outlined in the notice
published pursuant to
subparagraph (vii);
(v) request information on any
current or anticipated production or
use of the pesticide that is the
subject of the proposal for which the
United States may wish to seek an
exemption or acceptable purpose under
the POPs Convention or allowed
restricted use or condition under the
LRTAP POPs Protocol;
(vi) request information set forth
under subparagraph (D);
(vii) outline a broad range of
possible actions that the United States
might take to address any risks that
the pesticide may pose;
(viii) specify whether there have
been any changes to registrations of or
tolerances for the pesticide since the
date of publication of the notice under
paragraph (3); and
(ix) include a statement that any
information submitted may be part of
the record of any cancellation
proceeding related to the pesticide
that the Administrator may undertake
under section 6.
(D) Provision of information.--Within 60 days
after the date of publication of the notice
under subparagraph (B), or within a later date
as determined by the Administrator, any
interested person may provide to the
Administrator--
(i) consistent with the information
needs described in Annex F to the POPs
Convention, any information relevant
to--
(I) a risk management
evaluation carried out under
paragraph 7 of Article 8 of the
POPs Convention; or
(II) a decision by the
Conference under paragraph 9 of
Article 8 of the POPs
Convention;
(ii) consistent with the information
needs for the technical review
described in paragraph 2 of Executive
Body Decision 1998/2, any information
relevant to such technical review or to
an Executive Body decision made under
paragraph 3 of Article 14 of the LRTAP
POPs Protocol;
(iii) any information relevant to an
action under this subsection; and
(iv) information on any article in
use that consists of, contains, or is
contaminated with the pesticide.
(E) Report by administrator.--Based upon
information received under this paragraph and
any other information available to the
Administrator, the Administrator, not later
than 240 days after the date of publication of
the notice under subparagraph (B), after
consulting with the Secretary of Agriculture
or, for public health pesticides, with the
Secretary of Health and Human Services, shall
issue a report for public comment and peer
review that contains, at a minimum, information
relating to the costs and benefits of the
prohibitions or restrictions outlined in
response to paragraph (4)(C)(vii) that could be
placed on the sale, distribution, production,
use, or disposal of the pesticide (including
the possible consequences of using alternative
products or processes).
(5) Notice after recommendation that conference
consider listing or after completion of a technical
review.--
(A) In general.--If the POPs Review Committee
recommends, under paragraph 9 of Article 8 of
the POPs Convention, that the Conference
consider making a Conference listing decision
with respect to the pesticide in accordance
with the proposal, or after completion of a
technical review of a proposal to list a
pesticide on an Annex to the LRTAP POPs
Protocol, the Administrator may--
(i) publish in the Federal Register a
notice of the recommendation or
completion of the technical review; and
(ii) provide opportunity for comment
on the recommendation or the technical
review.
(B) Required elements.--A notice under
subparagraph (A) shall--
(i) include a summary of the POPs
Review Committee recommendation and the
basis for the recommendation or a
summary of the technical review;
(ii) summarize any control measures
for the pesticide that are identified
by the POPs Review Committee or in the
technical review; and
(iii) include a statement that any
information submitted may be part of
the record of any cancellation
proceeding related to the pesticide
that the Administrator may undertake
under section 6.
(6) Provision of information to the public.--Not
later than March 1st of each calendar year (and
September 1st of each calendar year unless nothing has
changed from the March 1st notice or the Administrator
has notified the public in other Federal Register
notices of the changes), the Administrator shall
publish a notice in the Federal Register that--
(A) identifies any pesticide that is the
subject of a listing proposal under Article 8
of the POPs Convention or Article 14 of the
LRTAP POPs Protocol and describes, as of
December 31st of the previous calendar year (or
June 31st of the current calendar year for
notices published on September 1st), the exact
status of the proposal in the relevant listing
process, including--
(i) whether the POPs Review Committee
or Conference has decided that, under
Article 8, paragraphs 4 or 5 of the
POPs Convention, the proposal to list
the pesticide shall proceed to
preparation of a risk profile of the
pesticide;
(ii) whether the POPs Review
Committee has completed a risk profile;
(iii) whether the POPs Review
Committee or Conference has decided
that, under Article 8, paragraph 7(a)
or paragraph 8 of the POPs Convention,
the proposal to list the pesticide
shall proceed to preparation of a risk
management evaluation of the pesticide
that includes analyses of possible
control measures for the pesticide;
(iv) whether the POPs Review
Committee has completed the risk
management evaluation;
(v) whether the POPs Review Committee
has made a listing recommendation to
the Conference regarding the pesticide
and a general description of the
recommendation;
(vi) whether the Executive Body has
determined that a technical review of
the proposal to list a pesticide on
Annex I or II of the LRTAP POPs
Protocol is warranted;
(vii) whether a technical review of a
proposal to list a pesticide on Annex I
or II of the LRTAP POPs Protocol has
been completed; and
(viii) whether any task force,
working group, or other body that is
subsidiary to the Executive Body has
made a recommendation regarding the
listing of the pesticide on Annex I or
II of the LRTAP POPs Protocol and a
description of the recommendation;
(B) identifies any pesticide that the
Conference or Executive Body has added to Annex
A or B of the POPs Convention or Annex I or II
of the LRTAP POPs Protocol since the last
notice the Administrator published under this
paragraph and provides a general description of
the control measures related to the pesticide;
and
(C) describes generally any regulatory action
that the Administrator has taken, is taking, or
has listed as under development or review in
the Unified Regulatory Agenda (as required by
section 602 of title 5, United States Code)
related to any pesticide that the Conference or
Executive Body added to Annex A or B of the
POPs Convention or Annex I or II of the LRTAP
POPs Protocol since the last notice the
Administrator published under this paragraph.
The Administrator shall consider any comments that the
Administrator receives on the notices that the
Administrator publishes under this paragraph.
(7) Consideration of information in cancellation of
registration or prohibition of production for export or
export of pesticides.--In a cancellation proceeding
under section 6 for a pesticide listed on Annex A or
Annex B of the POPs Convention or Annex I or Annex II
of the LRTAP POPs Protocol, the Administrator may
consider--
(A) the record compiled under paragraphs (3),
(4), and (5) of this subsection;
(B) domestic sale, distribution, production,
export, and use of the pesticide;
(C) national and international consequences
that are likely to arise as a result of
domestic regulatory actions (including the
possible consequences of using alternative
products or processes);
(D) for pesticides listed on Annex A or Annex
B of the POPs Convention--
(i) the POPs Review Committee
recommendation under paragraph 9 of
Article 8 of the POPS Convention;
(ii) the Conference listing decision;
(iii) information that the United
States submits to the POPs Review
Committee or to the Conference pursuant
to Article 8 of the POPs Convention;
and
(iv) the reports, including any
versions of the reports revised to
reflect information received through
public comment and peer review, that
the Administrator is required to issue
for public comment and peer review
pursuant to paragraphs (3)(E) and
(4)(E) of this subsection;
(E) for pesticides listed on Annex I or Annex
II of the LRTAP POPs Protocol--
(i) any technical review conducted
pursuant to paragraph 2 of Executive
Body Decision 1998/2;
(ii) the LRTAP POPs Protocol listing
decision;
(iii) the reports, including any
version of the reports revised to
reflect information received through
public comment or peer review, that the
Administrator is required to issue for
public comment and peer review pursuant
to paragraphs (3)(E) and (4)(E) of this
subsection; and
(iv) information that the United
States submitted to the Executive Body,
or a subsidiary of the Executive Body,
in relation to a technical review or
listing decision; and
(F) scientific information included in or
used to develop or support the items listed in
subparagraphs (A), (B), (C), (D), and (E).
In determining the weight to give such scientific
information, the Administrator shall consider the
extent to which it is consistent with generally
accepted scientific principles, including, when
available, peer reviewed science and supporting
studies.
(8) No effect on other provisions.--Nothing in this
subsection authorizes any sale, distribution, use,
production, or disposal of any POPS pesticide or LRTAP
POPS pesticide that is prohibited under any other
provision of law. Nothing in this subsection should be
interpreted as interfering with or being a prerequisite
to the Administrator taking any action authorized by
section 6.
(9) Requirements for exports.--In the case of a
pesticide or active ingredient used in producing a
pesticide identified by the Administrator as listed on
Annex III of the PIC Convention in a notice issued
under paragraph (12)(C), any person that distributes in
commerce the pesticide or active ingredient used in
producing a pesticide for export shall comply with any
export conditions or restrictions identified by the
Administrator in the notice.
(10) Pre-export notices.--
(A) In general.--
(i) Requirement.--In the case of--
(I) a pesticide or active
ingredient used in producing a
pesticide that the
Administrator determines to be
banned or severely restricted
under paragraph (12)(A);
(II) a pesticide or active
ingredient used in producing a
pesticide identified by the
Administrator in a notice
issued under paragraph (12)(C);
or
(III) a POPs pesticide the
export of which is not
prohibited under paragraph (2);
the exporter of the pesticide or active
ingredient used in producing a
pesticide shall provide to the
Administrator notice of the intent of
the exporter to export the pesticide.
(ii) Timing of notice for banned or
severely restricted pesticide or active
ingredient used in producing a
pesticide.--
(I) First export.--In the
case of a first export that an
exporter makes from the
territory of the United States
to each importing foreign state
after the Administrator issues
a notice under paragraph
(12)(A), 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 export.
(II) Subsequent exports.--In
the case of subsequent exports
to the importing foreign state
in calendar years subsequent to
the notification 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 of the first
export in each calendar year.
(iii) Timing of pre-export notice for
pesticides listed on annex iii of the
pic convention.--
(I) First export.--In the
case of a first export that an
exporter makes from the
territory of the United States
to each importing foreign state
after the Administrator
notifies the public under
paragraph (12)(C), 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 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
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 of the first
such subsequent export in each
calendar year.
(III) Changed circumstances
meriting new notice.--If
conditions or restrictions
imposed by the importing
foreign state change and the
Administrator notifies the
public of the change under
paragraph (12)(C), or if an
earlier pre-export notice no
longer applies, 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 export.
(iv) Timing of pre-export notice for
pesticide the export of which is not
prohibited under paragraph (2).--
(I) First export of the
calendar year.--In the case of
the first export that an
exporter makes from the
territory of the United States
to each importing foreign state
of a pesticide not prohibited
from being exported under
paragraph (2), 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
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
subclause (I) to the importing
foreign state, 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 each
calendar year.
(III) Changed circumstances
meriting new notice.--If the
information provided in an
earlier pre-export notice is no
longer accurate, 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 export.
(B) Alternate time frame for notices.--
(i) Discretionary alternate time
frames.--Notwithstanding clauses (ii),
(iii), and (iv) of subparagraph (A),
the Administrator may set an alternate
time frame if the Administrator
determines that such alternate time
frame is appropriate and is able,
within such alternate time frame, to
administer notice activities in
accordance with the PIC Convention and
comply with the POPs Convention.
(ii) Mandatory review of statutory
time frames and processes.--Within 18
months of entry into force for the
United States of the PIC Convention and
within 18 months of entry into force
for the United States of the POPs
Convention, the Administrator shall
review the statutory time frames for
receipt of pre-export notices and the
Administrator's processing of such
notices. In review of such time frames
and processes, the Administrator shall
consider whether amendments to the time
frames and modifications to the
processes would be appropriate to
administer notice activities in
accordance with the PIC Convention and
to comply with the POPs Convention.
(C) Content of pre-export notices.--
(i) Notices for banned or severely
restricted pesticide or active
ingredient used in producing a
pesticide.--A notice under subparagraph
(A)(ii) shall include--
(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 pesticide
or active ingredient used in
producing a pesticide for which
the notice is required;
(VI) the expected date of
export;
(VII) information relating to
the foreseen uses of the
pesticide or active ingredient
used in producing a pesticide,
if known, in the importing
foreign state;
(VIII) information on
precautionary measures to
reduce exposure to, and
emission of, the pesticide or
active ingredient used in
producing a pesticide;
(IX) information relating to
the concentration of the
pesticide or active ingredient
used in producing a pesticide;
and
(X) any other information
specified in Annex V to the PIC
Convention.
(ii) Notices for pesticides listed on
annex iii of the pic convention.--A
notice under subparagraph (A)(iii)
shall include--
(I) all of the information
required to be included under
subparagraph (C)(i);
(II) any information relating
to export conditions or
restrictions identified by the
Administrator in the notice
issued under paragraph (12)(C)
with respect to the pesticide;
(III) a general description
of the manner in which the
export complies with those
conditions; and
(IV) any other information
that the Administrator
determines by order published
in the Federal Register to be
necessary for effective
enforcement of the export
conditions or restrictions
applicable to the pesticide.
(iii) Notices for pesticide the
export of which is not prohibited under
paragraph (2).--A notice submitted to
the Administrator under subparagraph
(A)(iv) shall include--
(I) the name and address of
the exporter;
(II) the name and address of
the importer;
(III) a specification of the
identity of the POPs pesticide;
(IV) a general description of
how the export is in accordance
with the provisions related to
export in paragraph 2 of
Article 3, or other applicable
provision, of the POPs
Convention; and
(V) such other information as
the Administrator determines by
order published in the Federal
Register to be necessary for
enforcement of the export-
related obligations of the POPs
Convention applicable to the
pesticide.
(D) Pre-export notices accompanying each
export.--An exporter shall ensure that a copy
of the most recent applicable pre-export notice
accompanies each shipment for export and is
available for inspection upon export for--
(i) any pesticide or active
ingredient used in producing a
pesticide that the Administrator has
identified under paragraph (12)(C) as
being listed on Annex III of the PIC
Convention; or
(ii) any POPs pesticide that is
exported.
(E) Retention of pre-export notices.--
(i) In general.--An exporter required
to provide a notice under clauses (iii)
and (iv) of subparagraph (A) shall
comply with sections 8 and 9 and any
regulations promulgated under those
sections with regard to maintenance of
the notice and other documents used to
generate the notice and with regard to
their availability for inspection and
copying.
(ii) Time period for retention.--
Notwithstanding clause (i), such
exporter shall maintain a copy of the
notice and other documents used to
generate the notice for a period of not
less than 3 years beginning on the date
on which the notice is provided.
(11) Labeling requirements.--
(A) In general.--In the case of any pesticide
or active ingredient used in producing a
pesticide that is the subject of a notice
issued under subparagraph (A) or (C) of
paragraph (12) and that is sold, distributed,
or produced, the pesticide or active ingredient
used in producing a pesticide, shall, in
accordance with the PIC Convention--
(i) bear labeling information
relating to risks or hazards to human
health or the environment; and
(ii) be accompanied by shipping
documents that include any relevant
safety data sheets on the pesticide.
(B) Custom codes.--A pesticide or active
ingredient used in producing a pesticide that
is the subject of a notice issued under
paragraph (12)(C) and that is distributed or
sold for export shall be accompanied by
shipping documents that bear, at a minimum, any
appropriate harmonized system customs codes
assigned by the World Customs Organization.
(12) Notice requirements and exemption.--
(A) Determination whether pesticide is banned
or severely restricted.--
(i) In general.--The Administrator
shall determine whether a pesticide or
active ingredient used in producing a
pesticide is banned or severely
restricted within the United States (as
those terms are defined by the PIC
Convention).
(ii) Notice of determinations.--
Notwithstanding any other provision of
law, the Administrator shall issue to
the Secretariat of the PIC Convention
and the public a notice of each
determination under subparagraph (A)
that includes--
(I) in the case of a notice
to the Secretariat of the PIC
Convention, the information
specified in Annex I to the PIC
Convention; and
(II) in the case of a notice
to the public, at a minimum, a
summary of that information.
(B) Notice to foreign countries.--
(i) In general.--Notwithstanding any
other provision of law, on receipt of a
notice of intent to export under
paragraph (10)(A)(ii), the
Administrator shall provide a copy of
the notice to the designated national
authority of the importing foreign
state.
(ii) Nonidentified designated
national authority.--In a case in which
a designated national authority has not
been identified, the Administrator
shall provide the notice of intent to
export to any other appropriate
official of the importing foreign
state, as identified by the
Administrator.
(C) Notice to public.--
(i) In general.--The Administrator
shall issue a notice to inform the
public of--
(I) any pesticide that is
listed on Annex III to the PIC
Convention; and
(II) any condition or
restriction of an importing
foreign state that is
applicable to the import, in
accordance with the PIC
Convention, of the pesticide.
(ii) Timing.--A notice required under
clause (i) shall be issued not later
than 90 days after, and any conditions
or restrictions described in clause
(i)(II) shall take effect not later
than 180 days after, the date of
receipt of a notice from the
Secretariat of the PIC Convention who--
(I) transmits import
decisions of the parties to the
PIC Convention; or
(II) provides notice of the
failure of the parties to
provide import decisions.
(iii) Treatment of conditions and
restrictions.--A condition or
restriction identified by a notice
required under clause (i) shall be
considered to be an export condition or
restriction for the purpose of
paragraph (9).
(D) Notice of exemption.--The Administrator
may issue a notice exempting any pesticide or
active ingredient used in producing a pesticide
from the requirements of paragraphs (9) through
(11) if the Administrator determines that the
exemption would be consistent with the PIC
Convention or POPs Convention.
(13) Harmonization of pops convention and lrtap pops
protocol.--
(A) In general.--If a pesticide is both a
POPs pesticide and a LRTAP POPs pesticide, in
the case of a conflict between a provision of
this subsection applicable to a POPs pesticide
and a provision of this subsection applicable
to a LRTAP POPs pesticide, the more stringent
provision shall apply, as determined by the
Administrator.
(B) Application.--In the case of a pesticide
described in subparagraph (A), this paragraph
shall be applied in such a manner as to ensure
that the United States is in compliance with
its obligations under the POPs Convention and
the LRTAP POPs Protocol with respect to the
pesticide.
(14) Harmonization of pops convention and pic
convention.--
(A) In general.--If the export of a pesticide
is addressed or restricted under paragraphs (2)
through (7) and paragraphs (9) through (12),
all of those paragraphs shall apply to the
pesticide.
(B) Conflict.--In the case of a conflict
between paragraphs (2) through (7) and
paragraphs (9) through (12) with respect to a
pesticide, the more stringent provision shall
govern.
(C) Application.--With respect to a
pesticide, paragraphs (2) through (12) shall be
applied in manner as to ensure that the United
States is in compliance with its obligations
under both the POPs Convention and the PIC
Convention with respect to the pesticide.
(f) Regulations.--
(1) In general.--The Administrator may promulgate
such regulations as the Administrator determines to be
necessary--
(A) to facilitate implementation of this
section;
(B) to allow the pre-export notice
requirement under this section and any pre-
export notice requirement in other provisions
of this Act or in any other Federal law to be
satisfied by a single notice; and
(C) to ensure compliance with the PIC
Convention, the POPs Convention, and the LRTAP
POPs Protocol.
(2) Importation of pesticides and devices.--The
Secretary of the Treasury, in consultation with the
Administrator, shall prescribe regulations for the
enforcement of subsection (c) of this section.
* * * * * * *
Administrative Correspondence
Hon. J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC, September 8, 2006.
Dear Mr. Speaker: The Administration would like to
underscore the importance of the United States becoming a Party
to the Stockholm Convention on Persistent Organic Pollutants,
the Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade, and the Protocol on Persistent Organic
Pollutants, negotiated under the United Nations Economic
Commission for Europe's Convention on Long Range Transboundary
Air Pollution.
Passing legislation to implement these Agreements is a top
priority for this Administration. President Bush, in a Rose
Garden ceremony, stated that the Stockholm Convention on
Persistent Organic Pollutants address ``a global environmental
problem'' and that ``we must work to eliminate, or at least
severely restrict, the release of the toxic substances, without
delay.'' He also emphasized that the substances addressed by
the treaty ``respect no boundaries and can harm Americans, even
when released abroad.''
The Administration expressed full support for H.R. 3849 and
H.R. 4591, which were reported out of the House Agriculture and
House Energy and Commerce Committees, respectively. These bills
provide domestic authority for the United States to join and
implement these Agreements. We encourage the House leadership
to move forward in September with full floor consideration. As
each year passes, the Parties to the Agreements make
substantive and procedural decisions that determine their
future direction. For this reason, it is critical that the
United States has the ability to influence those decisions.
Thank you for your support. You have our firm commitment to
work together closely to enable the United States to join these
very important international Agreements.
Sincerely,
Condoleezza Rice,
Secretary of State.
Stephen L. Johnson,
Adminstrator, Environment-
al Protection Agency.
Mike Johanns,
Secretary of Agriculture.
------
Hon J. Dennis Hastert,
Speaker, House of Representatives,
Washington, DC, July 22, 2005.
Dear Mr. Speaker: In a 2001 Rose Garden ceremony, the
President called for the United States to join the Stockholm
Convention on Persistent Organic Pollutants, also known as
``POPs.'' In 2002, the Administration submitted proposed
legislation to Congress that would enable us to join and
participate in POPs, as well as the Protocol to the 1979
Convention on Long Range Transboundary Air Pollution on
Persistent Organic Pollutants and the Rotterdam Convention on
the Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade. We have
welcomed the intensive work Congress committed to the
legislative process throughout the last session. It is now
critical that the legislative process be completed.
In May, the U.S. delegation returned from the first POPs
Conference of the Parties in Uruguay. Since we were not a
party, we failed to obtain membership on an important committee
that will review and make recommendations on additional
chemicals for future inclusion on the POPs list. The U.S. role
in POPs meetings could be further limited if Congress does not
act quickly to adopt necessary implementing legislation,
compounding the negative repercussions for U.S. leadership in
international chemicals fora.
The Senate and the House have made significant progress
developing legislation that provides a solid foundation on
which to rapidly conclude the process. We are committed to
working closely with you and other Members of Congress to
accomplish this shared objective.
Thank you for your support on this effort.
Sincerely,
Stephen L. Johnson
Administrator, Environment-
al Protection Agency.
Condoleezza Rice,
Secretary of State.