News from Stockholm Convention COP-4, Geneva, May 4-8, 2009

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The U.S. Ratification Process

Success of the global Stockholm POPs treaty depends on concrete actions under national law. The United States was an active participant in negotiating the treaty, But a protracted political debate over implementing legislation has prevented U.S. ratification and kept the country on the sidelines in the Stockholm treaty process.

The road to U.S. ratification of any treaty requires the "advice and consent" of two-thirds of the Senate, a special duty provided in Article 2, Section 2 of the U.S. Constitution. As a matter of policy, the Senate does not consider advice and consent for international treaties until a domestic legal framework is in place to effectively implement its obligations.

In order for the United States to effectively implement the POPs treaty, changes in federal law are needed to grant the Environmental Protection Agency (EPA) the necessary authority to ban or restrict a POP chemical.  Specifically, the Toxic Substances Control Act (TSCA), the federal law regulating industrial chemicals has left the EPA practically powerless to take action on existing chemicals. EPA has not banned any existing chemicals under TSCA in nearly two decades. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the primary law for regulating pesticides and other agricultural chemicals, leaves EPA with a slow, tedious cancellation procedures. EPA also lacks the legal authority to close the export loophole, which allows the continued production of a pesticide for export even if it is not allowed for use in the United States.

Amending TSCA and FIFRA requires action by Congress and the President. POPs implementing legislation requires the active support of four Congressional committees: the Senate Committee on Environment and Public Works (EPW) and the House Committee on Energy and Commerce have jurisdiction over TSCA amendments; and the relevant Senate and House Agriculture Committees for FIFRA amendments.

After bills to amend TSCA and FIFRA pass out of committee, are approved by the Senate and House, and are signed by the President Obama, the Senate can consider giving its advice and consent to U.S. POPs ratification. The Senate Foreign Relations Committee could then consider advice and consent on ratification. After committee approval, the treaty must pass the Senate by a two-thirds majority. The final step in U.S. ratification is the official presentation of the instrument of ratification.