Forever Chemical Regulation and Accountability Act of 2024

This bill phases out nonessential uses of perfluoroalkyl or polyfluoroalkyl substances (PFAS) and prohibits all releases of PFAS into the environment. It establishes a process for designating essential uses, requires monitoring and reporting by manufacturers and users, sets a policy for remediation and elimination of PFAS, and creates enforcement mechanisms including citizen suits. It also establishes Centers of Excellence for PFAS detection and remediation, amends state law statutes of repose for hazardous substance exposure claims, and adds a bankruptcy provision for PFAS-related claims.

Sec. 101, Agreement with the National Academies: The EPA Administrator must seek a 10-year agreement with the National Academies to review scientific evidence on essential uses of PFAS and provide guidance on designating uses as essential or nonessential.

Sec. 102, Manufacturing and use phaseout program: Amends the Toxic Substances Control Act to require annual monitoring and reporting by PFAS manufacturers and users, with data made public to inform a nationwide phaseout.

Sec. 103, United States PFAS policy: Establishes a national policy to remediate PFAS contamination, prioritize destruction and disposal, eliminate PFAS in consumer products, and allow essential uses only when no safer alternative exists.

Sec. 104, PFAS release phaseout: Makes it unlawful, 10 years after enactment, for any manufacturer or user to release any detectable quantity of PFAS into the environment. The EPA must finalize a phaseout schedule and detection methods within 7 years.

Sec. 105, Use for research: Allows the EPA to permit PFAS use and detectable release for research and development purposes, including using remaining stocks, if it does not pose unreasonable risk.

Sec. 106, Inspections, monitoring, and entry: Authorizes the EPA to require manufacturers and users to install monitoring equipment, sample releases, keep records, and provide information to determine compliance.

Sec. 107, Enforcement: The EPA may issue compliance orders assessing civil penalties or seek injunctions in federal court for violations of the title.

Sec. 108, Citizen suits: Allows any person to sue manufacturers or users for violations, or the EPA for failure to perform duties, with notice requirements and provisions for intervention.

Sec. 109, Imminent hazard: The EPA may issue orders or sue to restrain PFAS use that presents an imminent and unreasonable risk of serious injury to health or the environment.

Sec. 110, Application of law to federal agencies: Federal agencies must comply with all federal, state, and local PFAS laws, including paying reasonable service charges.

Sec. 111, Judicial review: Judicial review of final regulations or petition denials must be brought in the D.C. Circuit within 90 days, with exceptions for later challenges based on new grounds.

Sec. 112, Regulatory authority: The EPA may promulgate regulations necessary to carry out the title, following standard notice-and-comment rulemaking.

Sec. 113, Funding: Authorizes appropriations as necessary for fiscal years 2024 through 2033, and establishes fees for petitions and supplemental reports to fund the program.

Sec. 114, Severability: If any provision is held unconstitutional, the remainder of the title remains in effect.

Sec. 115, Retention of state authority: States may not impose less stringent PFAS requirements than federal law, but may impose more stringent requirements.

Sec. 201, Centers of Excellence: Establishes two Centers of Excellence to advance PFAS detection and remediation science, research, and technologies, with a focus on water sources.

Sec. 202, Actions under state law for damages: Amends CERCLA to override state statutes of repose for personal injury or property damage claims from hazardous substance exposure, making the federally required commencement date apply.

Sec. 203, Bankruptcy provision: Adds a new section to CERCLA providing that the automatic stay in bankruptcy does not apply to claims based on PFAS or other persistent, bioaccumulative, and toxic chemicals.