Federal

Elimination of Future Technology Delays Act of 2023

Source: Congress.gov · 778 words in original text

What This Bill Does

This bill amends the Toxic Substances Control Act (a federal law regulating chemical safety) to create special rules for chemicals that are critical energy resources. The bill allows companies to move forward with using these chemicals even if the federal government has not finished reviewing them within the required timeframe.

Who It Affects

Companies that submit notices to use new chemical substances that are critical energy resources; the Environmental Protection Agency (the federal agency that reviews chemical safety); and the Secretary of Energy (the cabinet official overseeing energy policy).

Key Provisions

• When reviewing chemicals that are critical energy resources, the EPA must consider economic costs and benefits, not just environmental and health concerns (Sec. 2). • If the EPA fails to make a decision on a chemical substance that is a critical energy resource within the required review period, the company can move forward with using the chemical anyway, and the EPA no longer has to make a decision (Sec. 2). • The EPA cannot ask a company to withdraw its chemical notice or delay the review period for critical energy resources unless the EPA has already done a preliminary review and given the company a draft decision (Sec. 2). • A "critical energy resource" is defined as an energy resource that is essential to the U.S. energy sector and has a supply chain vulnerable to disruption, as determined by the Secretary of Energy (Sec. 2).

What Changes

The EPA's review process for new chemicals that are critical energy resources will be different from the standard process. Companies will have the ability to proceed with using these chemicals if the EPA does not complete its review on time.

Important Definitions

"Critical energy resource": An energy resource that is essential to the U.S. energy sector and has a supply chain vulnerable to disruption, as determined by the Secretary of Energy (Sec. 2).

IB Union Calendar No. 7 118TH CONGRESS 1ST SESSION H. R. 1158 [Report No. 118–14] 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 MARCH 23, 2023 Additional sponsors: Mr. ALLEN, Mr. DUNCAN, Mr. WALBERG, and Mr. BUCSHON MARCH 23, 2023 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1158.RH H1158 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1158 RH A BILL To amend the Toxic Substances Control Act with respect to new critical energy resources, and for other purposes. VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1158.RH H1158 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1158 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Elimination of Future 4 Technology Delays Act of 2023’’. 5 SEC. 2. CHEMICAL SUBSTANCE REVIEW FOR CRITICAL EN- 6 ERGY RESOURCES. 7 Section 5(a) of the Toxic Substances Control Act (15 8 U.S.C. 2604(a)) is amended by adding at the end the fol- 9 lowing: 10 ‘‘(6) CRITICAL ENERGY RESOURCES.— 11 ‘‘(A) STANDARD.—For purposes of a de- 12 termination under paragraph (3) with respect 13 to a chemical substance that is a critical energy 14 resource, the Administrator shall take into con- 15 sideration economic, societal, and environmental 16 costs and benefits, notwithstanding any require- 17 ment of this section to not take such factors 18 into consideration. 19 ‘‘(B) FAILURE TO RENDER DETERMINA- 20 TION.— 21 ‘‘(i) ACTIONS AUTHORIZED.—If, with 22 respect to a chemical substance that is a 23 critical energy resource, the Administrator 24 fails to make a determination on a notice 25 VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1158.RH H1158 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1158 RH under paragraph (3) by the end of the ap- 1 plicable review period and the notice has 2 not been withdrawn by the submitter, the 3 submitter may take the actions described 4 in paragraph (1)(A) with respect to the 5 chemical substance, and the Administrator 6 shall be relieved of any requirement to 7 make such determination. 8 ‘‘(ii) NON-DUPLICATION.—A refund of 9 applicable fees under paragraph (4)(A) 10 shall not be made if a submitter takes an 11 action described in paragraph (1)(A) under 12 this subparagraph. 13 ‘‘(C) PREREQUISITE FOR SUGGESTION OF 14 WITHDRAWAL OR SUSPENSION.—The Adminis- 15 trator may not suggest to, or request of, a sub- 16 mitter of a notice under this subsection for a 17 chemical substance that is a critical energy re- 18 source that such submitter withdraw such no- 19 tice, or request a suspension of the running of 20 the applicable review period with respect to 21 such notice, unless the Administrator has— 22 ‘‘(i) conducted a preliminary review of 23 such notice; and 24 VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1158.RH H1158 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1158 RH ‘‘(ii) provided to the submitter a draft 1 of a determination under paragraph (3), 2 including any supporting information. 3 ‘‘(D) DEFINITION.—For purposes of this 4 paragraph, the term ‘critical energy resource’ 5 means, as determined by the Secretary of En- 6 ergy, any energy resource— 7 ‘‘(i) that is essential to the energy sec- 8 tor and energy systems of the United 9 States; and 10 ‘‘(ii) the supply chain of which is vul- 11 nerable to disruption.’’. 12 VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1158.RH H1158 kjohnson on DSK79L0C42PROD with BILLS Union Calendar No. 7 118TH CONGRESS 1ST SESSION H. R. 1158 [Report No. 118–14] A BILL To amend the Toxic Substances Control Act with respect to new critical energy resources, and for other purposes. MARCH 23, 2023 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H1158.RH H1158 kjohnson on DSK79L0C42PROD with BILLS

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.