POPS Implementation Act of 2002
Key claim: The POPS Implementation Act of 2002 would amend TSCA and FIFRA to prohibit the manufacture, processing, distribution, use, and disposal of persistent organic pollutants (including aldrin, chlordane, DDT, PCBs, and others) in accordance with the Stockholm Convention and LRTAP Protocol, with EPA enforcement and reporting requirements.
Abstract
(S2118 · 107th Congress) POPS Implementation Act of 2002 - Amends the Toxic Substances Control Act (TSCA) to prohibit (subject to certain exemptions and the Stockholm Convention on Persistent Organic Pollutants (POPs Convention)) the manufacture, processing, distribution in commerce, use, or disposal of a POPs chemical substance or mixture. Defines “POPs chemical substance or mixture” as the following: (1) aldrin; (2) chlordane; (3) DDT; (4) dieldrin; (5) endrin; (6) heptachlor; (7) hexachlorobenzene; (8) mirex; (9) PCBs; (10) toxaphene; and (11) any other chemical substance or mixture listed in Annexes A or B to the Convention and with respect to which an amendment adding the substance or mixture to one of the Annexes has entered into force with respect to the United States. Requires a certification statement to accompany each POPs substance or mixture distributed in commerce. Prohibits (subject to certain exemptions and the Protocol on Persistent Organic Pollutants to the Convention on Long-Range Transboundary Air Pollution (LRTAP)) the manufacture, processing, distribution in commerce, or use of certain LRTAP POPs chemical substances or mixtures. Establishes procedures for information collection by the Environmental Protection Agency (EPA). Requires international cooperative efforts by EPA. Subjects exports of substances or mixtures regulated under this Act to TSCA. Imposes penalties for export and import violations. Authorizes the EPA Administrator to contract with the National Academy of Sciences for a research program in support of the POPs Convention. Requires reports to Congress concerning final exposure and health reassessment of 2,3,7,8-Tetrachlorodibenzo-p-Dioxin and related compounds and describing a strategy to reduce exposure to persistent bioaccumulative toxic substances. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to provide for the regulation of POPs pesticides (the substances listed in the first paragraph, above) and LRTAP POPs pesticides, including thro Latest action (2002-05-14): Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 107-997.
Why this matters
Implementing the Stockholm Convention domestically would lock in existing EPA cancellations of legacy pesticides like DDT and chlordane at the statutory level, limiting future administrative flexibility to reauthorize them. For farmers this largely formalizes the status quo, while for consumers it strengthens the legal backstop against reintroduction of long-banned residues in the food supply. The bill illustrates the recurring pattern of Congress being asked to codify international chemical-safety obligations into TSCA/FIFRA.