US Law and the Stockholm POPs Convention: Analysis of Treaty Implementing Provisions in Pending Legislation (June 2011) (Ditz, Tuncak, and Wiser).

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The Safe Chemicals Act of 2011 (S. 847), a bill introduced by Senator Frank Lautenberg to modernize US chemicals policy, includes implementing authority to permit the United States to ratify the Stockholm Convention on Persistent Organic Pollutants (POPs) and two other international agreements on dangerous chemicals. This analysis examines provisions of the bill that are required for implementation of the Stockholm Convention, particularly prohibitions on the production, use, import, and export of new and existing POPs, new reporting requirements, and other considerations. The analysis concludes that the Safe Chemicals Act of 2011 allows the United States to regulate newly listed POPs to whatever extent may be necessary for US compliance with its international obligations. This analysis also considers other provisions that are relevant to U.S. regulation of POPs, such as federal preemption and notice and comment procedures, provisions that are not specifically required by the treaties. Finally, it reviews provisions to create a process for identifying and initiating risk reduction measures on chemicals that exhibit POPs characteristics, and finds that the bill empowers the United States to demonstrate global leadership on POPs in advance of global consensus.

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