S. 4153 — Forever Chemical Regulation and Accountability Act of 2026

This section directs the EPA Administrator, within 60 days of enactment and in consultation with relevant federal agencies, to enter into a 10-year agreement (extendable in 5-year increments) with the National Academies to review scientific evidence on essential uses of perfluoroalkyl or polyfluoroalkyl substances (PFAS), criteria for designating such uses, sectors where PFAS uses are essential, research gaps, safer alternatives, and nonessential uses prioritized for phaseout. Under the agreement, the National Academies must (1) complete an initial review no later than 3 years after the review begins; (2) develop a framework for designating essential uses under section 102(c), incorporating authoritative reviews and emerging evidence; (3) assess PFAS risks in consumer products and recommend elimination methods; (4) recommend research and development for transitioning away from PFAS and federal coordination to address gaps; (5) engage communities; and (6) recommend additional studies on scientific uncertainties. The National Academies must submit an initial report to the Administrator and relevant congressional committees no later than 1 year after enactment, with federal agencies required to cooperate fully.

This section requires the EPA Administrator to issue a final rule within three years of enactment requiring manufacturers and users of perfluoroalkyl or polyfluoroalkyl substances (PFAS) to submit annual reports—beginning 18 months after the rule's publication—detailing essential and nonessential uses, volumes and concentrations used, safer alternatives, environmental releases, disposal methods, health and environmental effects, worker exposures, and other data specified in the rule. The Administrator must publish each report for at least 90 days of public comment within 180 days of receipt, conduct data quality reviews, and handle confidential business information pursuant to TSCA section 14 (15 U.S.C. 2613); further, reporting ceases upon written notice of permanent discontinuation of all PFAS manufacture or use (subject to a final report if use occurred in the prior year), with public notice of such cessations. This section further requires a full phaseout of nonessential PFAS uses by manufacturers and users within 10 years of enactment and mandates submission of phaseout plans within three years of enactment.

This section establishes U.S. policy on perfluoroalkyl or polyfluoroalkyl substances (PFAS, or "forever chemicals") requiring, to the maximum extent practicable, (1) remediation of environmental contamination to levels posing no unreasonable risk to public health or the environment; (2) prioritization of PFAS destruction and disposal in remediation strategies to minimize environmental release and health risks; (3) elimination of PFAS in consumer products; and (4) replacement of essential PFAS uses with safer alternatives that reduce overall health and environmental risks. The section directs federal agency heads, beginning on the date of enactment and in coordination with the EPA Administrator and General Services Administration Administrator, to eliminate procurement of products known to contain PFAS to the maximum extent practicable, including through product surveys and pausing or ceasing procurement until PFAS-free status or safer alternatives are secured. Determinations under the policy must use the best available science, and the section includes a savings provision preserving other federal duties and obligations.

This section prohibits any manufacturer or user from releasing perfluoroalkyl or polyfluoroalkyl substances (PFAS) above the threshold of detection of an EPA-validated method into the environment beginning 10 years after enactment. The section directs the EPA Administrator to finalize, by 7 years after enactment and after notice and comment, a rule establishing (1) a phaseout schedule for such releases by the 10-year deadline and (2) applicable detection methods and thresholds; authorizes updates to the schedule; and allows an earlier rule, after notice and comment, for phasing out or banning releases of specific PFAS, mixtures, or subclasses by the 10-year deadline.

This section authorizes the EPA Administrator to permit the use and detectable release of specified perfluoroalkyl or polyfluoroalkyl substances (PFAS) that pose no unreasonable risk to human health or the environment for research, development, testing, and similar purposes to achieve the policy in section 103(a). It allows manufacturers or users with remaining PFAS stocks after cessation of manufacture or use to enter agreements with the Administrator, accredited research consortia (including centers of excellence), Department of Energy national laboratories, institutions of higher education (as defined in 20 U.S.C. 1001(a), i.e., public or nonprofit institutions meeting specified admission, authorization, program, and accreditation criteria), or other entities to make such stocks available for those purposes, provided the activities directly contribute to section 103(a)'s policy. (Thus, the section enables controlled research access to existing PFAS while preserving disposal obligations under other laws.) It prohibits developing or producing PFAS solely for these purposes unless the Administrator deems it necessary for section 103(a)'s policy.

This section authorizes the EPA Administrator, to determine compliance with the title, to require manufacturers, users, equipment manufacturers, other information holders, and regulated persons—on a one-time, periodic, or continuous basis—to (1) install, use, and maintain monitoring equipment and audit procedures; (2) sample releases; (3) keep records on control equipment, production variables, or equivalent data when direct monitoring is impractical; (4) provide other required information; and (5) submit records and reports within 30 days of request. It further authorizes Administrator representatives, upon presenting credentials, to enter premises, access and copy records, inspect monitoring equipment and methods, and sample releases at reasonable times. Subsection (b) requires public availability of such records, reports, and information as soon as practicable, subject to confidentiality protections of section 14 of the Toxic Substances Control Act (15 U.S.C. 2613).

This section authorizes the EPA Administrator to enforce requirements of this title by issuing compliance orders—after notice to the relevant state—assessing civil penalties to remove any economic benefit from past or current violations, requiring compliance, suspending or revoking authorized uses of perfluoroalkyl or polyfluoroalkyl substances (PFAS), or both; or by commencing civil actions for temporary or permanent injunctions. In assessing civil penalties, the Administrator must consider factors including violation seriousness, compliance history, business size, economic impacts, violation duration, prior penalties, economic benefit, and cumulative environmental effects. Noncompliance with such orders triggers additional daily penalties to remove economic benefits. This section imposes criminal penalties for reckless violations of title requirements, including fines to remove economic benefits and imprisonment for up to five years, or both. It requires enforcement under this title to accord with specified federal environmental statutes, including the Clean Air Act, Toxic Substances Control Act, Federal Water Pollution Control Act, Safe Drinking Water Act, and Resource Conservation and Recovery Act.

This section authorizes any person to bring a civil suit against (1) a manufacturer or user (including the United States and states to the extent permitted by the 11th Amendment) alleged to violate any standard, regulation, condition, requirement, prohibition, schedule, deadline, or order under this title; (2) such a manufacturer or user alleged to use a per- or polyfluoroalkyl substance (PFAS) presenting an imminent and substantial endangerment to human health or the environment; or (3) the EPA Administrator alleged to fail any nondiscretionary duty under this title. Requires (1) 60 days' notice to the Administrator, state, and alleged violator (or immediate suit for certain violations) before suits under (a)(1)(A), with no suit allowed if the Administrator or state is diligently prosecuting; (2) 90 days' notice to the Administrator, state, and alleged contributor before suits under (a)(1)(B), with no suit allowed if the Administrator is diligently acting under applicable law, plus service of the complaint on the Attorney General and Administrator; and (3) 60 days' notice to the Administrator before suits under (a)(1)(C), in a prescribed form. Provides jurisdiction in the district of violation (or D.C. for Administrator suits), with courts empowered to enforce compliance, abate endangerments, order Administrator performance, and apply civil remedies; allows intervention as of right; and authorizes courts to award litigation costs, including reasonable attorney and expert witness fees.

This section establishes authority for the Administrator, notwithstanding other title provisions and without considering costs, to issue an order or bring suit against a PFAS manufacturer or user determined to pose an imminent and unreasonable risk of serious or widespread injury to public health or the environment—(1) to restrain such use; (2) to order necessary other action; or (3) both. It imposes fines, in an enforcement action in U.S. district court, on any manufacturer or user that willfully violates or fails to comply with such an order, in an amount that removes any economic benefit of noncompliance for each day of violation. It further requires, upon information of an imminent and substantial endangerment to human health or the environment from a PFAS, the violating manufacturer or user—at its own cost—to provide immediate public notice to local agencies, utilities, public health officials, and the affected community (via accessible media, public postings, online platforms, and not-for-profit services); to hold public meetings in partnership with the Administrator and local authorities for community engagement; and to issue regular updates using those methods.

This section requires covered federal agencies—those with jurisdiction over PFAS (perfluoroalkyl or polyfluoroalkyl substance) manufacturing facilities or engaged in PFAS treatment, disposal, or release—to comply with all Federal, State, interstate, and local PFAS regulatory laws in the same manner as any nongovernmental person, including substantive and procedural requirements such as administrative orders, civil or administrative penalties or fines (punitive or coercive, for isolated, intermittent, or continuing violations), and payment of reasonable service charges (i.e., enforcement, compliance, investigation fees, or other nondiscriminatory PFAS program charges). (Thus, federal agencies are subject to PFAS cleanup mandates, pollution controls, and monetary penalties previously limited by sovereign immunity.) The section expressly waives U.S. immunity to such requirements, including injunctive relief and penalties; exempts federal employees, agents, or officers from personal civil liability for official acts or omissions but subjects them to criminal sanctions (i.e., fines or imprisonment); and bars agencies themselves from criminal sanctions. The President, in consultation with the EPA Administrator, may exempt executive branch agencies from PFAS requirements for national security reasons for up to one year (renewable annually), with annual reports to Congress by January 31 describing exemptions and reasons; public notice of exemptions is required unless waived for national security, and no exemptions may be granted due to lack of appropriations.

This section establishes judicial review procedures for the Administrator's actions under this title. Specifically, it (1) requires review of final regulations or denials of petitions for rulemaking to occur exclusively in the U.S. Court of Appeals for the District of Columbia within 90 days (with an exception for grounds arising afterward), bars later review in enforcement proceedings if the deadline is missed, and for notice-and-comment determinations allows courts to remand for additional evidence; (2) permits interested persons to seek review of other Administrator actions fulfilling mandatory duties in the court of appeals for their judicial circuit within 90 days (with a similar exception and bar on later enforcement review), conducted under the Administrative Procedure Act; (3) preserves all statutory and common law rights to enforce the title or seek relief; and (4) preserves state, local, and interstate authorities' rights to pursue enforcement or remedies in state or local courts regarding the manufacture or release of per- and polyfluoroalkyl substances (PFAS).

This section (1) authorizes the Administrator to promulgate regulations necessary to carry out this title, consistent with the policy described in section 103(a); and (2) requires that any rulemaking under this title involving a period of notice and opportunity for public comment be conducted in accordance with the Administrative Procedure Act's notice-and-comment procedures (5 U.S.C. § 553). (As background, those procedures generally require publication of proposed rules in the Federal Register, a comment period, and a 30-day delayed effective date for substantive rules, subject to specified exceptions.)

This section authorizes appropriations to the Environmental Protection Agency (EPA) Administrator of such sums as necessary to carry out this title, except section 101(i), for FY2027 through FY2036. The section also directs the Administrator to (1) complete a workload assessment analysis within 180 days of enactment; (2) issue a rulemaking within one year thereafter (including at least 90 days for public comment) to establish an annual report fee for submissions under section 102(a)(2) and a petition fee for designations of per- and polyfluoroalkyl substance (PFAS) uses as nonessential or essential under section 102(c), considering PFAS usage, volume, toxicological risks, and administrative costs (including protection of confidential business information under TSCA section 14); (3) allow reduced fees for small manufacturers and finalize fee amounts within two years of enactment or impose defaults of $100,000 per annual report or petition (lower for small manufacturers); (4) adjust fees for inflation every three years and permit additional adjustments after notice and comment; and (5) waive petition fees for certain petitions.

This section establishes a severability clause for this title, providing that if any provision or its application to any person or circumstance is held unconstitutional, the remainder of the title and the provision's application to other persons or circumstances remains unaffected.

This section prohibits states and political subdivisions from imposing requirements less stringent than those under this title (including regulations) on the same matters, effective on the effective date of implementing regulations. It excepts this prohibition if federal requirements are postponed or enjoined by a court (allowing less stringent state requirements until federal requirements take effect) and clarifies that states may impose more stringent requirements.

This section establishes two Centers of Excellence for assessing per- and polyfluoroalkyl substances (PFAS) in water sources and PFAS remediation solutions, to be guided and assisted by the EPA Administrator following competitive selection from applications: (1) the Center, as a bi-institutional collaboration between an eligible research university and a National Laboratory; and (2) the Rural Center, hosted by an eligible rural university. An eligible research university is an institution of higher education (as defined in 20 U.S.C. 1001(a), i.e., generally public or nonprofit entities offering postsecondary degrees or approved programs) with annual research expenditures of not less than $750 million located near a population center of not fewer than 5 million individuals. An eligible rural university is an institution of higher education located in a State described in 38 U.S.C. 1703(d)(1)(C)(iii)(I) (i.e., certain rural States qualifying for VA health care access enhancements) and that is a member of the National Security Innovation Network in the Rocky Mountain Region. Selection criteria for the Center's joint applications include evidence of existing partnerships, shared research infrastructure for PFAS, student training capacity, National Laboratory commercialization capabilities, and designated expert staff.

This section expands CERCLA's preemption of state statutes of limitations to also include statutes of repose (i.e., fixed outer time limits regardless of discovery) for state law actions seeking personal injury or property damages caused by exposure to hazardous substances, pollutants, or contaminants released from a facility. (As background, CERCLA Section 309 currently requires such state limitations periods to commence no earlier than the federally required commencement date—generally, the date the plaintiff knew (or reasonably should have known) the damages were so caused, or later for minors or incompetents.) It further revises the federally required commencement date for contaminants of emerging concern, pollutants, chemicals, wastes, or other substances designated as hazardous on or after August 1, 2022, to the later of the designation date or the date of the plaintiff's knowledge of causation.

This section adds a new section 313 to Title III of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) concerning bankruptcy proceedings involving persistent, bioaccumulative, and toxic (PBT) chemicals. It defines a PBT claim as any claim based on, arising from, or attributable to the presence of or exposure to (A) a per- or polyfluoroalkyl substance (PFAS, as defined in the Forever Chemical Regulation and Accountability Act of 2026) or (B) a chemical with persistence (half-life of at least two months in water/sediment/soil or two days in air), bioaccumulation (factor of 1,000 or greater), and toxicity (potential to adversely affect human health or the environment). The provision specifies that a bankruptcy petition does not trigger an automatic stay under 11 U.S.C. §362(a) of any judicial, administrative, or other action or proceeding against a nondebtor entity (i.e., an entity other than the debtor or estate), or to obtain or recover such nondebtor's property, on account of a PBT claim against the nondebtor, debtor, or estate—including claims that are property of the estate. (Thus, creditors may continue actions against nondebtors such as co-defendants or insurers despite a related bankruptcy filing.) The provision takes effect on enactment, applies to any title 11 case pending or commenced/reopened on or after that date, and does not affect final judgments, orders, or decrees entered beforehand.