On March 19, 2026, the Congressional Record of the U.S. Senate published Bill S.4153 - the Forever Chemical Regulation and Accountability Act of 2026. The bill proposes a comprehensive phase-out of per- and polyfluoroalkyl substances (PFAS) and the establishment of a robust regulatory framework.
Main Contents of the Bill
I. Annual Monitoring and Reporting Requirements (Section 102(a))
- Rulemaking Timeline: Within 3 years of the Act's effective date, the Administrator of the Environmental Protection Agency (EPA) must issue a final rule requiring PFAS manufacturers and users to submit reports.
- Reporting Content Requirements (Initial Report and Annual Updates): Manufacturers and users must submit an initial report within 18 months after the rule is issued, followed by annual submissions. The content includes:
|
Reporting Item |
Specific Content |
|
Essential Use Description |
Function of PFAS in the product/process, usage amount and concentration, trade name, chemical identity, and molecular structure |
|
Safer Alternatives |
Alternative PFAS solutions currently in use |
|
Environmental Releases |
Any detectable levels of PFAS releases |
|
Federally Required Uses |
PFAS uses mandated by federal law, standards, or government specifications |
|
Non-Essential Use Description |
Detailed description of all non-essential uses |
|
Total Production/Processing Volume |
Total volume manufactured or processed for each PFAS, and estimated volumes by use category |
|
Byproducts |
Byproducts generated during manufacturing, processing, use, or disposal |
|
Environmental & Health Impacts |
All available information on the environmental and health impacts of the PFAS |
|
Exposed Population |
Number of people exposed in the workplace and duration of exposure |
|
Disposal Methods |
Method of disposal or destruction for each PFAS (initial report and upon change) |
|
Additional Information |
Other information requested by the Administrator |
II. Production and Consumption Phase-Out Timeline (Section 102(b))
- Overall Phase-Out Deadline: Manufacturers and users must completely phase out non-essential uses within 10 years of the Act's effective date.
III. Accelerated Phase-Out Schedule for Specific Products (Section 102(b)(4))
|
Time After Enactment |
Products Prohibited from Sale |
Exceptions |
|
1 Year |
Carpets/rugs, fabric treatments, food packaging and containers, children's products, oil and gas products containing PFAS |
Second-hand products may continue to be sold
|
|
2 Years |
Cosmetics, indoor textiles, indoor upholstered furniture, accessories/handbags, indoor and outdoor apparel containing PFAS |
|
|
4 Years |
Outdoor textiles, outdoor upholstered furniture containing PFAS |
|
|
5 Years |
Outdoor apparel for severe wet conditions containing PFAS (intentionally added) |
IV. Scope of Application
- Applies to all U.S. states, territories, freely associated states, Indian tribes, and the District of Columbia.
- Does not apply to entities that only receive PFAS in the course of their regular operations (e.g., solid waste management facilities, public water systems, etc.).
