Elimination of Future Technology Delays Act of 2023

To amend the Toxic Substances Control Act with respect to new critical energy resources, and for other purposes. 1. Short title This Act may be cited as the Elimination of Future Technology Delays Act of 2023 2. Chemical substance review for critical energy resources Section 5(a) of the Toxic Substances Control Act ( 15 U.S.C. 2604(a) (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a determination on a notice under paragraph (3) by the end of the applicable review period and the notice has not been withdrawn by the submitter, the submitter may take the actions described in paragraph (1)(A) with respect to the chemical substance, and the Administrator shall be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 (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. . March 23, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: 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.