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

Forever Chemical Regulation and Accountability Act of 2026

This bill phases out the release and nonessential use of perfluoroalkyl or polyfluoroalkyl substances (PFAS) and addresses PFAS research, remediation, regulation, and enforcement.

The Environmental Protection Agency (EPA) must require each manufacturer and user of PFAS to submit annual reports that include specified information about the essential (e.g., critical for health or safety reasons) and nonessential uses of PFAS by such entities. Not later than 10 years after the enactment of this bill, manufacturers and users must fully phase out nonessential uses of PFAS.

The bill also

• establishes specified deadlines to phase out the sale of certain products containing PFAS;
• requires federal agencies, to the maximum extent practicable, to eliminate the procurement of products known to contain PFAS;
• imposes a 10-year phaseout of the release of PFAS above a certain threshold of detection;
• provides enforcement authority to the EPA regarding violations of the requirements of the bill, including through civil and criminal penalties;
• allows citizen suits against manufacturers and users of PFAS and the EPA; and
• addresses actions under state law related to damages from exposure to hazardous substances, including with regard to statutes of repose.

The bill exempts from a bankruptcy petition’s automatic stay any proceeding against a non-debtor entity (e.g., a proceeding to obtain property from a non-debtor) with respect to a PBT claim (a claim relating to persistent, bioaccumulative, and toxic chemicals) against the non-debtor entity, the debtor, or the estate.