Elimination of Future Technology Delays Act of 2023

Elimination of Future Technology Delays Act of 2023

This bill establishes new requirements for the Environmental Protection Agency (EPA) when it makes certain determinations under the Toxic Substance Control Act (TSCA) related to chemical substances that are considered to be a critical energy resource (i.e., any energy resource that is essential to the U.S. energy sector and energy systems and has a vulnerable supply chain).

Currently, under TSCA, manufacturers and processors of chemical substances must notify the EPA before manufacturing a new chemical substance or before manufacturing or processing a substance for a significant new use. The EPA must review such notices and provide a determination on the substance or significant new use.

Under the bill, the EPA must consider economic, societal, and environmental costs and benefits when making determinations on notices for (1) new chemical substances that are considered to be a critical energy resource, or (2) significant new uses for such chemicals.

If the EPA fails to make a determination by the end of the applicable review period and the submitter has not withdrawn the notice, the submitter may proceed in manufacturing or processing the substance. Applicable fees must not be refunded if a submitter proceeds with manufacturing or processing.

The EPA may suggest the withdrawal of a notice for a chemical substance that is a critical energy resource, or request a suspension of the review period, if the EPA has conducted a preliminary review of the notice and provided a draft of determination to the submitter.

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1158 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1158

To amend the Toxic Substances Control Act with respect to new critical 
               energy resources, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2023

  Mr. Curtis introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Toxic Substances Control Act with respect to new critical 
               energy resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elimination of Future Technology 
Delays Act of 2023''.

SEC. 2. CHEMICAL SUBSTANCE REVIEW FOR CRITICAL ENERGY RESOURCES.

    Section 5(a) of the Toxic Substances Control Act (15 U.S.C. 
2604(a)) is amended by adding at the end the following:
            ``(6) Critical energy resources.--
                    ``(A) Standard.--For purposes of a determination 
                under paragraph (3) with respect to a chemical 
                substance that is a critical energy resource, the 
                Administrator shall take into consideration economic, 
                societal, and environmental costs and benefits, 
                notwithstanding any requirement of this section to not 
                take such factors into consideration.
                    ``(B) Failure to render determination.--
                            ``(i) Actions authorized.--If, with respect 
                        to a chemical substance that is a critical 
                        energy resource, the Administrator fails to 
                        make a determination on a notice under 
                        paragraph (3) by the end of the applicable 
                        review period and the notice has not been 
                        withdrawn by the submitter, the submitter may 
                        take the actions described in paragraph (1)(A) 
                        with respect to the chemical substance, and the 
                        Administrator shall be relieved of any 
                        requirement to make such determination.
                            ``(ii) Non-duplication.--A refund of 
                        applicable fees under paragraph (4)(A) shall 
                        not be made if a submitter takes an action 
                        described in paragraph (1)(A) under this 
                        subparagraph.
                    ``(C) Prerequisite for suggestion of withdrawal or 
                suspension.--The Administrator may not suggest to, or 
                request of, a submitter of a notice under this 
                subsection for a chemical substance that is a critical 
                energy resource that such submitter withdraw such 
                notice, or request a suspension of the running of the 
                applicable review period with respect to such notice, 
                unless the Administrator has--
                            ``(i) conducted a preliminary review of 
                        such notice; and
                            ``(ii) provided to the submitter a draft of 
                        a determination under paragraph (3), including 
                        any supporting information.
                    ``(D) Definition.--For purposes of this paragraph, 
                the term `critical energy resource' means, as 
                determined by the Secretary of Energy, any energy 
                resource--
                            ``(i) that is essential to the energy 
                        sector and energy systems of the United States; 
                        and
                            ``(ii) the supply chain of which is 
                        vulnerable to disruption.''.
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