H.R. 1158

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If the EPA fails to make a determination by the end of the applicable review period and the submitter has not withdrawn the notice, the submitter may proceed in manufacturing or processing the substance.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.