Sec. 102. Manufacturing and use phaseout program
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The purposes of the amendments made by this subsection are— to make available and accessible data to inform a nationwide phaseout of the use and environmental release of perfluoroalkyl or polyfluoroalkyl substances; to put in place a process for that phaseout; and to increase transparency for the public and interested stakeholders with respect to the use, release, and prevalence of perfluoroalkyl or polyfluoroalkyl substances. Section 8(a)(7) of the Toxic Substances Control Act ( 15 U.S.C. 2607(a)(7) ) is amended— by striking Not later and inserting the following:
Not later ; and by adding at the end the following: In this subparagraph, the terms essential use , manufacturer , perfluoroalkyl or polyfluoroalkyl substance , safer alternative , and user have the meanings given those terms in section 2 of the Forever Chemical Regulation and Accountability Act of 2024 . Not later than 3 years after the date of enactment of this subparagraph but in a manner that does not otherwise delay the implementation of this paragraph (as in effect on the day before the date of enactment of this subparagraph), the Administrator shall require each manufacturer and user of perfluoroalkyl or polyfluoroalkyl substance to submit a report described in subparagraph
(A)if that manufacturer or user was not required to do so on the day before the date of enactment of this subparagraph. Not later than 18 months after the date on which the Administrator publishes the final rule carrying out this subparagraph and not less frequently than annually thereafter, subject to clause (v), each manufacturer or user of a perfluoroalkyl or polyfluoroalkyl substance shall— supplement the report required described in subparagraph
(A)(including a report submitted pursuant to clause (ii)) by— including, as applicable, any updates to the information included in the report under that subparagraph; and including in the report— a description of any essential uses of perfluoroalkyl or polyfluoroalkyl substances carried out by the manufacturer or user; any safer alternatives for uses of perfluoroalkyl or polyfluoroalkyl substances used by the manufacturer or user; any environmental releases of a perfluoroalkyl or polyfluoroalkyl substance, at any detectable level; any use of a perfluoroalkyl or polyfluoroalkyl substance that is required pursuant to Federal law (including regulations), Federal standards, or Federal Government specifications; and any additional information that the Administrator may require; and submit the supplemental report to the Administrator in such a manner and at such time as the Administrator requires. Not later than 180 days after the date on which the Administrator receives a supplemental report from a manufacturer or user under clause (iii), the Administrator shall publish the supplemental report for a period of public comment and review of not less than 90 days. The Administrator shall conduct data quality assurance and scientific integrity reviews of supplemental reports received under clause (iii)— to ensure the quality of reported data; and to provide comment on the validity of the supplemental reports of the manufacturer. The Administrator shall carry out this clause in accordance with section 14. No further supplemental reports under clause
(iii)shall be required from a manufacturer or user if the manufacturer or user— permanently ceases use of all perfluoroalkyl or polyfluoroalkyl substances; and notifies the Administrator in writing that the requirement under item
(aa)has been met. Notwithstanding the submission of a notice under subclause (I)(bb), a manufacturer or user shall submit to the Administrator a final supplemental report under clause
(iii)if, at any time during the 1-year period beginning on the date on which the manufacturer or user submitted the previous supplemental report under that clause, the manufacturer or user used a perfluoroalkyl or polyfluoroalkyl substance. The Administrator shall issue a public notice describing each notification received under subclause (I)(bb). . Nothing in paragraph
(2)or the amendments made by paragraph
(2)affects the requirements under subparagraph
(A)of section 8(a)(7) of the Toxic Substances Control Act ( 15 U.S.C. 2607(a)(7) ) or any timeline established for the implementation of that section (as in effect on the day before the date of enactment of this Act). Not later than 10 years after the date of enactment of this Act, manufacturers and users shall complete the full phaseout of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances. Not later than 3 years after the date of enactment of this Act, each manufacturer and user shall submit to the Administrator, in such a manner as the Administrator may require, a plan and schedule for the full phaseout of nonessential uses of perfluoroalkyl and polyfluoroalkyl substances within the 10-year period described in paragraph (1). A plan submitted by a manufacturer or user under subparagraph
(A)may include verifiable transfer of perfluoroalkyl or polyfluoroalkyl substance stocks in the possession of the manufacturer or user to an accredited research consortium, including Centers of Excellence, National Laboratories of the Department of Energy, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), and other relevant entities, as determined by the Administrator, for the purposes of— research into the destruction, detection, and remediation of perfluoroalkyl or polyfluoroalkyl substances; and other related research. Nothing in this subparagraph— affects an obligation of a manufacturer or user to comply with a regulation or requirement associated with the removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance; or prohibits a manufacturer or user from using a method of removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance in accordance with applicable law. The Administrator shall make the plans submitted by manufacturers and users under subparagraph
(A)publicly available in accordance with section 14 of the Toxic Substances Control Act ( 15 U.S.C. 2614 ). The Administrator may, after a period of notice and opportunity for public comment of not less than 180 days, require that the full phaseout of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances required under paragraph
(1)occur on a schedule that is more stringent than the schedule required under that paragraph. Any person may petition the Administrator to establish a more stringent schedule under subparagraph (A). A petition submitted under clause
(i)shall— be made at such time, in such manner, and containing such information as the Administrator shall require; and include a showing by the petitioner that there are scientific data with respect to nonessential uses of perfluoroalkyl or polyfluoroalkyl substances to support the petition. If the Administrator receives a petition under clause (i), the Administrator shall— not later than 180 days after the date on which the Administrator receives the petition— make the complete petition available to the public; and when making the petition available pursuant to subitem (AA), propose and seek public comment, for a period of not less than 90 days, on the proposal of the Administrator to grant or deny the petition; and not later than 1 year after the date on which the Administrator receives the petition, take final action on the petition. If, after receiving public comment with respect to a petition received under clause (i), the Administrator grants the petition, each manufacturer and user shall revise and submit to the Administrator an update to the plan and schedule required under paragraph (2)(A) to reflect the more stringent schedule described in the petition. A revised plan and schedule under item
(aa)shall be submitted in accordance with paragraph (2). Notwithstanding any other provision of this Act but subject to clause (ii), beginning on the date that is 1 year after the date of enactment of this Act, no person may sell, offer for sale, or distribute for sale in interstate commerce— a carpet or rug that contains perfluoroalkyl or polyfluoroalkyl substances; a fabric treatment that contains perfluoroalkyl or polyfluoroalkyl substances; food packaging and containers that contains perfluoroalkyl or polyfluoroalkyl substances; a juvenile product that contains perfluoroalkyl or polyfluoroalkyl substances; or an oil or gas product that contains perfluoroalkyl or polyfluoroalkyl substances. The prohibition under clause
(i)does not apply to the sale or resale of used products described in subclauses (I), (II), and
(IV)of that clause. Notwithstanding any other provision of this Act but subject to clause (ii), beginning on the date that is 2 years after the date of enactment of this Act, no person may sell, offer for sale, or distribute for sale in interstate commerce— a cosmetic that contains perfluoroalkyl or polyfluoroalkyl substances; an indoor textile furnishing that contains perfluoroalkyl or polyfluoroalkyl substances; indoor upholstered furniture that contains perfluoroalkyl or polyfluoroalkyl substances; an accessory or handbag that contains perfluoroalkyl or polyfluoroalkyl substances; or except for a product described in subparagraph (D), indoor and outdoor apparel that contains perfluoroalkyl or polyfluoroalkyl substances. The prohibition under clause
(i)does not apply to the sale or resale of used products described in each of subclauses
(II)through
(V)of that clause. Notwithstanding any other provision of this Act but subject to clause (ii), beginning on the date that is 4 years after the date of enactment of this Act, no person may sell, offer for sale, or distribute for sale in interstate commerce— an outdoor textile furnishing that contains perfluoroalkyl or polyfluoroalkyl substances; or outdoor upholstered furniture that contains perfluoroalkyl or polyfluoroalkyl substances. The prohibition under clause
(i)does not apply to the sale or resale of used products described in that clause. Notwithstanding any other provision of this Act but subject to clause (ii), beginning on the date that is 5 years after the date of enactment of this Act, no person may sell, offer for sale, or distribute for sale in interstate commerce outdoor apparel for severe wet conditions that contain intentionally used perfluoroalkyl or polyfluoroalkyl substances. The prohibition under clause
(i)does not apply to the sale or resale of used products described in that clause. Beginning on the date that is 10 years after the date of enactment of this Act— all nonessential uses of a perfluoroalkyl or polyfluoroalkyl substance shall be prohibited; and any use of a perfluoroalkyl or polyfluoroalkyl substance shall be considered a nonessential use unless the Administrator, consistent with applicable recommendations or other analysis, if any, under a report under section 101(h) (including a subsequent report), has designated the use as an essential use under paragraph
(2)or (3). A person may submit to the Administrator a petition to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use at such time (including on a 1-time, periodic, or continuing basis within such timeframe as the Administrator may require), in such manner, and containing such information as the Administrator may require. In submitting a petition under subparagraph (A)— the burden of proof shall be on the petitioner to demonstrate that a use of a perfluoroalkyl or polyfluoroalkyl substance is a nonessential use or an essential use; and the petitioner shall provide any information requested by the Administrator, on a 1-time, periodic, or continuous basis within such timeframe as the Administrator may require, to inform a determination under subparagraph (C). The determination of the Administrator to grant or deny a petition submitted under subparagraph
(A)shall be based on— the best available science; and the applicable recommendations or other analysis, if any, under a report under section 101(h) (including a subsequent report). Subject to subclause (II), the Administrator shall finalize a determination to grant or deny a petition submitted under subparagraph
(A)by not later than 270 days after the date of receipt of the petition. The Administrator may not finalize a determination to grant or deny a petition submitted under subparagraph
(A)before the date that is 1 year after the date on which the first report under subsection
(h)of section 101 is submitted after the date on which the review under subsection
(c)of that section is completed. In making a determination to grant or deny a petition submitted under subparagraph (A), the Administrator shall— make all materials submitted with the petition available for public review and comment for a period of not less than 180 days; and consider all public comments submitted with respect to the materials made available under item (aa). Subclause
(I)shall be carried out in accordance with section 14 of the Toxic Substances Control Act ( 15 U.S.C. 2613 ). The Administrator shall, to the maximum extent practicable, expedite the consideration of petitions submitted under subparagraph
(A)from a Federal agency. The Administrator shall continue to accept petitions under this paragraph until such time as all perfluoroalkyl or polyfluoroalkyl substances and uses of perfluoroalkyl or polyfluoroalkyl substances are eliminated in accordance with the policy described in section 103(a). On a continuing basis and in consultation with relevant Federal agencies as the Administrator determines necessary, the Administrator may review and, through a public rulemaking, designate as a nonessential use or an essential use a use of a perfluoroalkyl or polyfluoroalkyl substance. The decision of the Administrator to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under subparagraph
(A)shall be consistent with— the best available science; and the applicable recommendations or other analysis, if any, under a report under section 101(h) (including a subsequent report). The Administrator may not designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under subparagraph
(A)before the date that is 1 year after the date on which the first report under subsection
(h)of section 101 is submitted after the date on which the review under subsection
(c)of that section is completed. Before designating a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under subparagraph (A), the Administrator shall publish the proposed designation for public review and comment for a period of not less than 180 days. The Administrator shall publicly issue a final designation of a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under subparagraph
(A)by not later than 270 days after the date on which the public review and comment period under clause
(ii)ends. The Administrator may, to inform a designation under paragraph
(2)or (3), require a manufacturer, user, person who manufacturers equipment for a manufacturer or user, person who the Administrator believes may have necessary information to inform a designation under paragraph
(2)or (3), or a person subject to the requirements of this title or an amendment made by this title to provide relevant information (on a 1-time, periodic, or continuing basis for such timeframe as the Administrator determines appropriate). Stakeholders shall use the petition process under paragraph
(2)to identify and list products and processes that use a perfluoroalkyl or polyfluoroalkyl substance that have a use in a product that is required to be used under Federal law (including regulations), Federal standards, or Federal Government specifications. If the Administrator receives a petition under paragraph
(2)or begins to carry out the alternative designation process under paragraph
(3)with respect to a use described in subparagraph (A), the Administrator shall, on receipt of the petition, share the petition with the head of the Federal agency that required the use for a review and comment period of not less than 30 days. The Administrator may, pursuant to a petition from a petitioner or at the discretion of the Administrator, review the designation of a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use and redesignate that use as a nonessential use or an essential use in accordance with the process under which the designation was originally made. The Administrator may prioritize the establishment of a report under this section or a designation of the use of a class or subclass perfluoroalkyl or polyfluoroalkyl substances as a nonessential use or an essential use under subsection
(c)in accordance with— the National PFAS Testing Strategy of the Environmental Protection Agency (or a successor strategy); or any other method that is based on the best available science. Beginning on the date that is 10 years after the date of enactment of this Act, a manufacturer or user shall not engage in the sale of perfluoroalkyl or polyfluoroalkyl substances that remain in the possession of the manufacturer or user on that date for nonessential uses. The Administrator may approve verifiable transfers of perfluoroalkyl or polyfluoroalkyl substance stocks in the possession of a manufacturer or user to an accredited research consortium, including Centers of Excellence, National Laboratories of the Department of Energy, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )), and other relevant entities that contribute to the achievement of the policy described in section 103(a). Nothing in this subsection— affects an obligation of a manufacturer or user to comply with a regulation or requirement associated with the removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance; or prohibits a manufacturer or user from using a method of removal, disposal, or destruction of a perfluoroalkyl or polyfluoroalkyl substance in accordance with applicable law.
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