Forever Chemical Regulation and Accountability Act of 2024

The Forever Chemical Regulation and Accountability Act of 2024 aims to phase out nonessential uses of perfluoroalkyl or polyfluoroalkyl substances (PFAS), prohibit releases of all PFAS, and address related matters. It establishes a framework for identifying essential uses, phasing out manufacturing and releases, and providing enforcement and research mechanisms.

Sec. 2, Definitions: Defines key terms including 'Administrator' (EPA Administrator), 'Centers of Excellence', and 'essential use' as a PFAS use critical for health, safety, or society, as designated under the Act.

Title I, Phaseout of Nonessential PFAS and All Releases: Establishes a comprehensive program to phase out nonessential PFAS manufacturing and use, prohibit releases, and set U.S. policy for remediation and elimination.

Sec. 101, Agreement with the National Academies: Directs the EPA Administrator to enter a 10-year agreement with the National Academies to review scientific evidence and provide guidance on designating PFAS 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 to inform a nationwide phaseout and increase transparency.

Sec. 103, U.S. PFAS Policy: States U.S. policy to remediate PFAS contamination, prioritize destruction and disposal, eliminate consumer product uses, and allow essential uses only when no safer alternative exists.

Sec. 104, PFAS Release Phaseout: Makes it unlawful, 10 years after enactment, to release any detectable quantity of PFAS into the environment, with the EPA required to finalize a phaseout schedule and detection methods within 7 years.

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

Sec. 106, Inspections, Monitoring, and Entry: Grants the EPA authority to require manufacturers and users to install monitoring equipment, sample releases, and keep records to determine compliance.

Sec. 107, Enforcement: Authorizes the EPA to 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 violators or the EPA for failure to perform duties under the title, with notice requirements and provisions for intervention.

Sec. 109, Imminent Hazard: Empowers the EPA to issue orders or sue to restrain PFAS use that presents an imminent and unreasonable risk to public health or the environment.

Sec. 110, Application of Federal, State, and Local Law to Federal Agencies: Requires federal agencies to comply with all federal, state, and local PFAS laws, including paying reasonable service charges.

Sec. 111, Judicial Review: Limits judicial review of final regulations to the D.C. Circuit Court of Appeals within 90 days, with exceptions for new grounds.

Sec. 112, Regulatory Authority: Authorizes the EPA to promulgate regulations necessary to carry out the title, following standard rulemaking procedures.

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

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

Sec. 115, Retention of State Authority: Allows states to impose more stringent PFAS requirements than federal law, but not less stringent ones.

Title II, Other Matters: Addresses additional PFAS-related issues including research centers, state law actions, and bankruptcy provisions.

Sec. 201, Centers of Excellence: Establishes Centers of Excellence to advance PFAS detection and remediation science, research, and technologies for water sources.

Sec. 202, Actions Under State Law for Damages: Amends CERCLA to allow state law actions for personal injury or property damage from hazardous substance exposure to use the federally required commencement date for statutes of repose.

Sec. 203, Bankruptcy Provision: Adds a special provision to CERCLA stating that bankruptcy filings do not automatically stay claims related to PFAS or other persistent, bioaccumulative, and toxic chemicals.