,,ii #aaith ,,congress #b;d ,session ,s4 #daec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ai1 #bjbf ,mr4 ,durbin introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to phase out production of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances1 to prohibit releases of all perfluoroalkyl or polyfluoroalkyl substances1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,forever ,chemical ,regulation and ,accountability ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,phaseout of nonessential perfluoroalkyl and polyfluoroalkyl substances and all releases ,sec4 #aja4 ,agreement with the ,national ,academies concerning the essential uses of perfluoroalkyl or polyfluoroalkyl substances4 ,sec4 #ajb4 ,manufacturing and use phaseout program4 ,sec4 #ajc4 ,united ,states perfluoroalkyl or polyfluoroalkyl substance policy4 ,sec4 #ajd4 ,perfluoroalkyl or polyfluoroalkyl substance release phaseout4 ,sec4 #aje4 ,use for research4 ,sec4 #ajf4 ,inspections1 monitoring1 and entry4 ,sec4 #ajg4 ,enforcement4 ,sec4 #ajh4 ,citizen suits4 ,sec4 #aji4 ,imminent hazard4 ,sec4 #aaj4 ,application of ,federal1 ,state1 and local law to ,federal agencies4 ,sec4 #aaa4 ,judicial review4 ,sec4 #aab4 ,regulatory authority4 ,sec4 #aac4 ,funding4 ,sec4 #aad4 ,severability4 ,sec4 #aae4 ,retention of ,state authority4 ,,title ,,ii--,other matters with respect to perfluoroalkyl or polyfluoroalkyl substances ,sec4 #bja4 ,centers of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions4 ,sec4 #bjb4 ,actions under ,state law for damages from exposure to hazardous substances4 ,sec4 #bjc4 ,bankruptcy provision relating to persistent1 bioaccumulative1 and toxic chemicals defendants and debtors4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,centers of ,excellence ,the term ,centers of ,excellence means-- 7,a7 the ,center of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions established under section #bja7;c77#a77;,a72 and 7,b7 the ,rural ,center of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions established under section #bja7;c77#a77;,b74 7#c7 ,essential use ,the term essential use1 with respect to a perfluoroalkyl or polyfluoroalkyl substance1 means a use of the perfluoroalkyl or polyfluoroalkyl substance that is designated under section #ajb7;c71 as reflected under a review or recommendation under any applicable report under section #aja7;h7 7including a subsequent report71 as being an essential use because the use of the perfluoroalkyl or polyfluoroalkyl substance in an item or process is-- 7,a7 critical for the health1 safety1 or functioning of society2 7,b7 necessary for the item or process to function2 and 7,c7 a use for which a safer alternative is not available4 7#d7 ,manufacturer 7,a7 ,in general ,the term manufacturer means any person who-- 7i7 imports into the ,united ,states1 a territory of the ,united ,states1 or a ,freely ,associated ,state a perfluoroalkyl or polyfluoroalkyl substance2 7ii7 exports from the ,united ,states1 a territory of the ,united ,states1 or a ,freely ,associated ,state a perfluoroalkyl or polyfluoroalkyl substance2 7iii7 produces a perfluoroalkyl or polyfluoroalkyl substance2 7iv7 manufactures a perfluoroalkyl or polyfluoroalkyl substance2 or 7v7 processes a perfluoroalkyl or polyfluoroalkyl substance4 7,b7 ,inclusions ,the term manufacturer includes importers and exporters of products that are known to contain perfluoroalkyl or polyfluoroalkyl substances4 7,c7 ,exclusion ,the term manufacturer does not include an entity that neither manufactures nor uses perfluoroalkyl or polyfluoroalkyl substances1 but receives perfluoroalkyl or polyfluoroalkyl substances in the normal course of operations of the entity1 including a solid waste management facility1 a composting facility1 a public water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f771 and a publicly or privately owned or operated treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib774 7#e7 ,national ,academies ,the term ,national ,academies means the ,national ,academies of ,sciences1 ,engineering1 and ,medicine4 7#f7 ,nonessential use ,the term nonessential use means a use of a perfluoroalkyl or polyfluoroalkyl substance that is not an essential use4 7#g7 ,perfluoroalkyl or polyfluoroalkyl substance ,the term perfluoroalkyl or polyfluoroalkyl substance means a substance that is a perfluoroalkyl substance or a polyfluoroalkyl substance 7as those terms are defined in section #gcca7b77;,b7 of the ,,pfas ,act of #bjai 7#ae ,u4,s4,c4 #hica7b77;,b7771 including a mixture of those substances4 7#h7 ,process ,the term process1 with respect to a perfluoroalkyl or polyfluoroalkyl substance1 means the preparation of the perfluoroalkyl or polyfluoroalkyl substance1 including preparation that includes the mixture of multiple perfluoroalkyl or polyfluoroalkyl substances1 after the manufacture of that perfluoroalkyl or polyfluoroalkyl substance for distribution in commerce-- 7,a7 in the same form or physical state as1 or in a different form or physical state from1 that in which the perfluoroalkyl or polyfluoroalkyl substance was received by the person so preparing the perfluoroalkyl or polyfluoroalkyl substance2 or 7,b7 as part of an article containing the perfluoroalkyl or polyfluoroalkyl substance4 7#i7 ,safer alternative ,the term safer alternative1 with respect to the use of a perfluoroalkyl or polyfluoroalkyl substance1 means a use that-- 7,a7 does not require the use of a perfluoroalkyl or polyfluoroalkyl substance to achieve the intended function2 7,b7 demonstrates adequate performance for the intended use2 7,c7 does not pose an unreasonable chronic or acute risk to the environment or public health as compared to the substance being replaced1 including any harm that may result from persistence1 bioaccumulation1 and toxicity in any environment or human system1 either by itself or cumulatively with other substances that cause similar harms2 and 7,d7 has other risk characteristics that the ,administrator determines appropriate1 in consultation with the heads of relevant ,federal agencies and stakeholders as the ,administrator determines to be appropriate4 7#aj7 ,state ,the term ,state means-- 7,a7 each ,state2 7,b7 a territory of the ,united ,states2 7,c7 a ,freely ,associated ,state2 7,d7 an ,indian ,tribe included on the list most recently published by the ,secretary of the ,interior under section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca72 and 7,e7 the ,district of ,columbia4 7#aa7 ,user 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the term user1 with respect to a perfluoroalkyl or polyfluoroalkyl substance1 has the meaning given the term by the ,administrator4 7,b7 ,considerations ,in determining the definition of the term user under subparagraph 7,a71 the ,administrator shall consider-- 7i7 the volume of a perfluoroalkyl or polyfluoroalkyl substance used by an entity2 7ii7 risks associated with releases of or exposure to a perfluoroalkyl or polyfluoroalkyl substance as a result of actions of an entity1 including-- 7,i7 toxicity2 7,,ii7 bioaccumulative properties2 7,,iii7 persistence in the environment2 7,,iv7 interactions with other perfluoroalkyl or polyfluoroalkyl substances and other toxic chemicals2 7,v7 contamination and pollution burden of impacted communities2 and 7,,vi7 associated human health effects2 7iii7 past or possible future releases of a perfluoroalkyl or polyfluoroalkyl substance into the environment by an entity2 and 7iv7 the use and fate of a perfluoroalkyl or polyfluoroalkyl substance used by an entity4 7,c7 ,exclusion ,the term user does not include an entity that neither manufactures nor uses perfluoroalkyl or polyfluoroalkyl substances1 but receives perfluoroalkyl or polyfluoroalkyl substances in the normal course of operations of the entity1 including a solid waste management facility1 a composting facility1 a public water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f771 and a publicly or privately owned or operated treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib774 ,i ,phaseout of nonessential perfluoroalkyl and polyfluoroalkyl substances and all releases #aja4 ,agreement with the ,national ,academies concerning the essential uses of perfluoroalkyl or polyfluoroalkyl substances 7a7 ,purposes ,the purposes of this section are to provide for the ,national ,academies1 an independent nonprofit scientific organization with appropriate expertise that is not part of the ,federal ,government-- 7#a7 to review and evaluate the available scientific evidence regarding categories of essential uses of perfluoroalkyl or polyfluoroalkyl substances2 and 7#b7 to provide guidance on prioritizing the phaseout of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances4 7b7 ,agreement 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator 7in consultation1 as the ,administrator determines appropriate1 with the heads of other ,federal departments and agencies with relevant expertise regarding the essential uses of perfluoroalkyl or polyfluoroalkyl substances7 shall seek to enter into a #aj-year agreement to carry out the duties described in this section4 7#b7 ,extension ,the ,administrator and the ,national ,academies may extend the agreement described in paragraph 7#a7 in #e-year increments4 7c7 ,review of scientific evidence 7#a7 ,in general ,under an agreement under subsection 7b71 the ,national ,academies shall1 in accordance with the policy described in section #ajc7;a71 review and summarize the scientific evidence1 and assess the strength of that scientific evidence1 with respect to-- 7,a7 uses of perfluoroalkyl or polyfluoroalkyl substances that should be designated as essential uses2 7,b7 the criteria for designating essential uses2 and 7,c7 nonessential uses of perfluoroalkyl or polyfluoroalkyl substances that should be prioritized for phaseout by the ,administrator4 7#b7 ,inclusions ,in carrying out the review described in paragraph 7#a71 the ,national ,academies shall-- 7,a7 analyze the definition of the term essential use under section #b7c7 as it relates to perfluoroalkyl or polyfluoroalkyl substances2 7,b7 conduct an assessment of how perfluoroalkyl or polyfluoroalkyl substances are integrated into the society of the ,united ,states1 in which sectors of the economy of the ,united ,states perfluoroalkyl or polyfluoroalkyl substances are used1 and in which sectors those uses are essential uses2 7,c7 describe any research gaps with respect to the uses of perfluoroalkyl or polyfluoroalkyl substances1 including consideration of mitigation strategies and safer alternatives2 and 7,d7 develop recommendations with respect to-- 7i7 the research and development activities necessary to transition the ,united ,states from the use of perfluoroalkyl or polyfluoroalkyl substances2 and 7ii7 how the ,federal ,government may-- 7,i7 best ensure the conduct of the research and development activities described in clause 7i7 to ensure that safer alternatives minimize health1 safety1 and environmental risks2 and 7,,ii7 best address the research gaps identified under subparagraph 7,c7 and the research and development needs identified under clause 7i7 through collaboration or coordination of programs and other efforts with ,state1 local1 and ,tribal governments and nongovernmental organizations1 including private sector organizations4 7#c7 ,timing ,the initial review carried out under paragraph 7#a7 pursuant to an agreement under subsection 7b7 shall conclude not later than #c years after the date on which the review begins4 7d7 ,scientific determinations of essential uses ,for each essential use1 the ,national ,academies shall1 to the extent that available scientific data permit meaningful determinations1 determine-- 7#a7 categories of uses of perfluoroalkyl or polyfluoroalkyl substances that can inform regulatory requirements under this title2 7#b7 a framework to guide decisionmakers in making designations of essential uses under section #ajb7;c71 which shall include-- 7,a7 the integration of findings with respect to perfluoroalkyl or polyfluoroalkyl substances1 including findings on human health effects that have sufficient or limited evidence of an association1 from authoritative reviews 7such as reviews by national or international bodies7 and high-quality systematic reviews2 and 7,b7 a review of emerging evidence with respect to perfluoroalkyl or polyfluoroalkyl substances that is impactful in decisionmaking2 and 7#c7 7,a7 whether certain perfluoroalkyl or polyfluoroalkyl substances in certain consumer products pose an unreasonable risk to consumers1 such as risks due to perfluoroalkyl or polyfluoroalkyl substance toxicity1 persistence1 or bioaccumulation2 7,b7 the contribution of the uses identified under subparagraph 7,a7 to the cumulative impact of perfluoroalkyl or polyfluoroalkyl substances on the environment and public health2 and 7,c7 recommendations for possible methods to eliminate perfluoroalkyl or polyfluoroalkyl substances from consumer products described in subparagraph 7,a74 7e7 ,community engagement ,in carrying out reviews and studies under this section1 the ,national ,academies shall integrate robust1 transparent1 meaningful1 and public community outreach4 7f7 ,cooperation of ,federal agencies ,the head of each relevant ,federal agency1 including the ,administrator1 shall cooperate fully with the ,national ,academies in carrying out the agreement under subsection 7b74 7g7 ,recommendations for additional studies 7#a7 ,in general ,the ,national ,academies shall make any recommendations for additional scientific studies determined appropriate by the ,national ,academies to resolve areas of continuing scientific uncertainty relating to essential uses of perfluoroalkyl or polyfluoroalkyl substances4 7#b7 ,requirements ,in making recommendations under paragraph 7#a71 the ,national ,academies shall consider-- 7,a7 the scientific information that is available at the time of the recommendation2 7,b7 the value and relevance of the information that could result from additional studies2 and 7,c7 the cost and feasibility of carrying out those additional studies4 7h7 ,reports 7#a7 ,initial report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,national ,academies shall submit to the ,administrator1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives an initial report on the activities of the ,national ,academies under the agreement under subsection 7b74 7,b7 ,inclusions ,the report required under subparagraph 7,a7 shall include-- 7i7 7,i7 a description of the determinations1 if any1 made under subsection 7d72 and 7,,ii7 a full explanation of the scientific evidence and reasoning that led to those determinations2 and 7ii7 any recommendations made under subsection 7g74 7#b7 ,subsequent reports ,not less frequently than once every #b years after the date on which the initial report under paragraph 7#a7 is submitted1 the ,national ,academies shall submit to the ,administrator1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives an update of that report4 7i7 ,additional studies 7#a7 ,in general ,beginning on the date that is #b years after the date that the ,national ,academies completes the review under subsection 7c71 the ,administrator may initiate not more than #e additional studies with the ,national ,academies-- 7,a7 to update the review carried out under subsection 7c7 based on new evidence2 and 7,b7 to address the recommendations made under subsection 7g74 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as are necessary to carry out this subsection4 7j7 ,alternative contracting scientific organization 7#a7 ,in general ,if the ,administrator is unable to enter into an agreement under subsection 7b7 with the ,national ,academies within the #fj-;day period described in that subsection on terms acceptable to the ,administrator1 the ,administrator shall seek to enter into an agreement for purposes of carrying out this section with another appropriate scientific organization that-- 7,a7 is not part of the ,federal ,government2 7,b7 operates as a not-for-profit entity2 and 7,c7 has expertise and objectivity comparable to that of the ,national ,academies4 7#b7 ,effect of alternative organization ,if the ,administrator enters into an agreement with an alternative scientific organization under paragraph 7#a71 any reference in this title to the ,national ,academies shall be deemed to be a reference to that alternative scientific organization4 #ajb4 ,manufacturing and use phaseout program 7a7 ,annual perfluoroalkyl or polyfluoroalkyl substance manufacturer and user monitoring and reporting requirements 7#a7 ,purpose ,the purposes of this subsection are-- 7,a7 to make available and accessible data to inform a nationwide phaseout of the use and environmental release of perfluoroalkyl or polyfluoroalkyl substances2 7,b7 to put in place a process for that phaseout2 and 7,c7 to increase transparency for the public and interested stakeholders with respect to the use1 release1 and prevalence of perfluoroalkyl or polyfluoroalkyl substances4 7#b7 ,annual reports 7,a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall issue a final rule requiring each manufacturer and user of a perfluoroalkyl or polyfluoroalkyl substance to submit a report pursuant to this paragraph4 7,b7 ,reports required ,not later than #ah months after the date on which the ,administrator publishes the final rule carrying out this paragraph and not less frequently than annually thereafter1 subject to subparagraph 7,d71 each manufacturer or user of a perfluoroalkyl or polyfluoroalkyl substance shall submit to the ,administrator at such time and in such manner as the ,administrator may require a report that includes-- 7i7 a description of any essential uses of perfluoroalkyl or polyfluoroalkyl substances carried out by the manufacturer or user1 including-- 7,i7 the function of the perfluoroalkyl or polyfluoroalkyl substances in the product or process2 7,,ii7 the volume and concentration1 as applicable1 of the perfluoroalkyl or polyfluoroalkyl substances used in the product or process2 and 7,,iii7 the trade name1 chemical identity1 and molecular structure of the perfluoroalkyl or polyfluoroalkyl substances used in the product or process2 7ii7 any safer alternatives for uses of perfluoroalkyl or polyfluoroalkyl substances used by the manufacturer or user2 7iii7 any environmental releases of a perfluoroalkyl or polyfluoroalkyl substance1 at any detectable level2 7iv7 any use of a perfluoroalkyl or polyfluoroalkyl substance that is required pursuant to ,federal law 7including regulations71 ,federal standards1 or ,federal ,government specifications2 7v7 a description of any nonessential uses of perfluoroalkyl or polyfluoroalkyl substances carried out by the manufacturer or user2 7vi7 the total amount of each perfluoroalkyl or polyfluoroalkyl substance manufactured or processed by the manufacturer or user1 reasonable estimates of the total amount of perfluoroalkyl or polyfluoroalkyl substances to be manufactured or processed by the manufacturer or user1 the amount of perfluoroalkyl or polyfluoroalkyl substance manufactured or processed by the manufacturer or user for each of its categories of use1 and reasonable estimates of the amount of perfluoroalkyl or polyfluoroalkyl substance to be manufactured or processed by the manufacturer or user for each of its categories of use2 7vii7 a description of the byproducts resulting from the manufacture1 processing1 use1 or disposal by the manufacturer or user of each perfluoroalkyl or polyfluoroalkyl substance2 7viii7 all existing information concerning the environmental and health effects of the perfluoroalkyl or polyfluoroalkyl substance2 7ix7 the number of individuals exposed1 and reasonable estimates of the number of individuals who will be exposed1 to each perfluoroalkyl or polyfluoroalkyl substance in their places of employment and the duration of that exposure2 7x7 7,i7 in the initial report required under this subparagraph1 a description of the manner or method of disposal of each perfluoroalkyl or polyfluoroalkyl substance identified pursuant to clause 7i77,,iii72 and 7,,ii7 in each subsequent report required under this subparagraph1 any change in the manner or method described in subclause 7,i72 and 7xi7 any additional information that the ,administrator may require4 7,c7 ,use of reports 7i7 ,publication ,not later than #ahj days after the date on which the ,administrator receives a report from a manufacturer or user under subparagraph 7,b71 the ,administrator shall publish the report for a period of public comment and review of not less than #ij days4 7ii7 ,data quality ,the ,administrator shall conduct data quality assurance and scientific integrity reviews of reports received under subparagraph 7,b7-- 7,i7 to ensure the quality of reported data2 and 7,,ii7 to provide comment on the validity of the reports of the manufacturer4 7iii7 ,confidential business information ,the ,administrator shall carry out this clause in accordance with section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfac74 7,d7 ,no further reports required 7i7 ,in general ,no further reports under subparagraph 7,b7 shall be required from a manufacturer or user if the manufacturer or user-- 7,i7 permanently ceases use or manufacture of all perfluoroalkyl or polyfluoroalkyl substances2 and 7,,ii7 notifies the ,administrator in writing that the requirement under subclause 7,i7 has been met4 7ii7 ,final report ,notwithstanding the submission of a notice under clause 7i77,,ii71 a manufacturer or user shall submit to the ,administrator a final report under subparagraph 7,b7 if1 at any time during the #a-year period beginning on the date on which the manufacturer or user submitted the previous report under that subparagraph1 the manufacturer or user used a perfluoroalkyl or polyfluoroalkyl substance4 7iii7 ,public notice of cessation ,the ,administrator shall issue a public notice describing each notification received under clause 7i77,,ii74 7b7 ,production and consumption phaseouts required 7#a7 ,general phaseout timeline ,not later than #aj years after the date of enactment of this ,act1 manufacturers and users shall complete the full phaseout of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances4 7#b7 ,plans required 7,a7 ,in general ,not later than #c years after the date of enactment of this ,act1 each manufacturer and user shall submit to the ,administrator1 in such a manner as the ,administrator may require1 a plan and schedule for the full phaseout of nonessential uses of perfluoroalkyl and polyfluoroalkyl substances within the #aj-year period described in paragraph 7#a74 7,b7 ,inclusion 7i7 ,in general ,a plan submitted by a manufacturer or user under subparagraph 7,a7 may include verifiable transfer of perfluoroalkyl or polyfluoroalkyl substance stocks in the possession of the manufacturer or user to an accredited research consortium1 including ,centers of ,excellence1 ,national ,laboratories of the ,department of ,energy1 institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 and other relevant entities1 as determined by the ,administrator1 for the purposes of-- 7,i7 research into the destruction1 detection1 and remediation of perfluoroalkyl or polyfluoroalkyl substances2 and 7,,ii7 other related research4 7ii7 ,savings provision ,nothing in this subparagraph-- 7,i7 affects an obligation of a manufacturer or user to comply with a regulation or requirement associated with the removal1 disposal1 or destruction of a perfluoroalkyl or polyfluoroalkyl substance2 or 7,,ii7 prohibits a manufacturer or user from using a method of removal1 disposal1 or destruction of a perfluoroalkyl or polyfluoroalkyl substance in accordance with applicable law4 7,c7 ,public availability ,the ,administrator shall make the plans submitted by manufacturers and users under subparagraph 7,a7 publicly available in accordance with section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfad74 7#c7 ,accelerated schedule 7,a7 ,in general ,the ,administrator may1 after a period of notice and opportunity for public comment of not less than #ahj days1 require that the full phaseout of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances required under paragraph 7#a7 occur on a schedule that is more stringent than the schedule required under that paragraph4 7,b7 ,petition 7i7 ,in general ,any person may petition the ,administrator to establish a more stringent schedule under subparagraph 7,a74 7ii7 ,requirements ,a petition submitted under clause 7i7 shall-- 7,i7 be made at such time1 in such manner1 and containing such information as the ,administrator shall require2 and 7,,ii7 include a showing by the petitioner that there are scientific data with respect to nonessential uses of perfluoroalkyl or polyfluoroalkyl substances to support the petition4 7iii7 ,response timeline 7,i7 ,in general ,if the ,administrator receives a petition under clause 7i71 the ,administrator shall-- 7aa7 not later than #ahj days after the date on which the ,administrator receives the petition-- 7,,aa7 make the complete petition available to the public2 and 7,,bb7 when making the petition available pursuant to subitem 7,,aa71 propose and seek public comment1 for a period of not less than #ij days1 on the proposal of the ,administrator to grant or deny the petition2 and 7bb7 not later than #a year after the date on which the ,administrator receives the petition1 take final action on the petition4 7,,ii7 ,revised plans and schedules 7aa7 ,in general ,if1 after receiving public comment with respect to a petition received under clause 7i71 the ,administrator grants the petition1 each manufacturer and user shall revise and submit to the ,administrator an update to the plan and schedule required under paragraph 7#b77;,a7 to reflect the more stringent schedule described in the petition4 7bb7 ,requirement ,a revised plan and schedule under item 7aa7 shall be submitted in accordance with paragraph 7#b74 7#d7 ,accelerated phaseout in certain products 7,a7 ,phaseout within #a year 7i7 ,in general ,notwithstanding any other provision of this ,act but subject to clause 7ii71 beginning on the date that is #a year after the date of enactment of this ,act1 no person may sell1 offer for sale1 or distribute for sale in interstate commerce-- 7,i7 a carpet or rug that contains perfluoroalkyl or polyfluoroalkyl substances2 7,,ii7 a fabric treatment that contains perfluoroalkyl or polyfluoroalkyl substances2 7,,iii7 food packaging and containers that contains perfluoroalkyl or polyfluoroalkyl substances2 7,,iv7 a juvenile product that contains perfluoroalkyl or polyfluoroalkyl substances2 or 7,v7 an oil or gas product that contains perfluoroalkyl or polyfluoroalkyl substances4 7ii7 ,exception for resale ,the prohibition under clause 7i7 does not apply to the sale or resale of used products described in subclauses 7,i71 7,,ii71 and 7,,iv7 of that clause4 7,b7 ,phaseout within #b years 7i7 ,in general ,notwithstanding any other provision of this ,act but subject to clause 7ii71 beginning on the date that is #b years after the date of enactment of this ,act1 no person may sell1 offer for sale1 or distribute for sale in interstate commerce-- 7,i7 a cosmetic that contains perfluoroalkyl or polyfluoroalkyl substances2 7,,ii7 an indoor textile furnishing that contains perfluoroalkyl or polyfluoroalkyl substances2 7,,iii7 indoor upholstered furniture that contains perfluoroalkyl or polyfluoroalkyl substances2 7,,iv7 an accessory or handbag that contains perfluoroalkyl or polyfluoroalkyl substances2 or 7,v7 except for a product described in subparagraph 7,d71 indoor and outdoor apparel that contains perfluoroalkyl or polyfluoroalkyl substances4 7ii7 ,exception for resale ,the prohibition under clause 7i7 does not apply to the sale or resale of used products described in each of subclauses 7,,ii7 through 7,v7 of that clause4 7,c7 ,phaseout within #d years 7i7 ,in general ,notwithstanding any other provision of this ,act but subject to clause 7ii71 beginning on the date that is #d years after the date of enactment of this ,act1 no person may sell1 offer for sale1 or distribute for sale in interstate commerce-- 7,i7 an outdoor textile furnishing that contains perfluoroalkyl or polyfluoroalkyl substances2 or 7,,ii7 outdoor upholstered furniture that contains perfluoroalkyl or polyfluoroalkyl substances4 7ii7 ,exception for resale ,the prohibition under clause 7i7 does not apply to the sale or resale of used products described in that clause4 7,d7 ,phaseout within #e years 7i7 ,in general ,notwithstanding any other provision of this ,act but subject to clause 7ii71 beginning on the date that is #e years after the date of enactment of this ,act1 no person may sell1 offer for sale1 or distribute for sale in interstate commerce outdoor apparel for severe wet conditions that contain intentionally used perfluoroalkyl or polyfluoroalkyl substances4 7ii7 ,exception for resale ,the prohibition under clause 7i7 does not apply to the sale or resale of used products described in that clause4 7c7 ,designations of nonessential and essential uses 7#a7 #aj-year requirement ,beginning on the date that is #aj years after the date of enactment of this ,act-- 7,a7 all nonessential uses of a perfluoroalkyl or polyfluoroalkyl substance shall be prohibited2 and 7,b7 any use of a perfluoroalkyl or polyfluoroalkyl substance shall be considered a nonessential use unless the ,administrator1 consistent with applicable recommendations or other analysis1 if any1 under a report under section #aja7;h7 7including a subsequent report71 has designated the use as an essential use under paragraph 7#b7 or 7#c74 7#b7 ,petition 7,a7 ,in general ,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 7including on a #a-time1 periodic1 or continuing basis within such timeframe as the ,administrator may require71 in such manner1 and containing such information as the ,administrator may require4 7,b7 ,burden of proof ,in submitting a petition under subparagraph 7,a7-- 7i7 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 use2 and 7ii7 the petitioner shall provide any information requested by the ,administrator1 on a #a-time1 periodic1 or continuous basis within such timeframe as the ,administrator may require1 to inform a determination under subparagraph 7,c74 7,c7 ,determination 7i7 ,best available science ,the determination of the ,administrator to grant or deny a petition submitted under subparagraph 7,a7 shall be based on-- 7,i7 the best available science2 and 7,,ii7 the applicable recommendations or other analysis1 if any1 under a report under section #aja7;h7 7including a subsequent report74 7ii7 ,timeline 7,i7 ,in general ,subject to subclause 7,,ii71 the ,administrator shall finalize a determination to grant or deny a petition submitted under subparagraph 7,a7 by not later than #bgj days after the date of receipt of the petition4 7,,ii7 ,requirement ,the ,administrator may not finalize a determination to grant or deny a petition submitted under subparagraph 7,a7 before the date that is #a year after the date on which the first report under subsection 7h7 of section #aja is submitted after the date on which the review under subsection 7c7 of that section is completed4 7iii7 ,public availability 7,i7 ,in general ,in making a determination to grant or deny a petition submitted under subparagraph 7,a71 the ,administrator shall-- 7aa7 make all materials submitted with the petition available for public review and comment for a period of not less than #ahj days2 and 7bb7 consider all public comments submitted with respect to the materials made available under item 7aa74 7,,ii7 ,confidential business information ,subclause 7,i7 shall be carried out in accordance with section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfac74 7,d7 ,expedited consideration ,the ,administrator shall1 to the maximum extent practicable1 expedite the consideration of petitions submitted under subparagraph 7,a7 from a ,federal agency4 7,e7 ,termination of petition process ,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 #ajc7;a74 7#c7 ,alternative designation process 7,a7 ,in general ,on a continuing basis and in consultation with relevant ,federal agencies as the ,administrator determines necessary1 the ,administrator may review and1 through a public rulemaking1 designate as a nonessential use or an essential use a use of a perfluoroalkyl or polyfluoroalkyl substance4 7,b7 ,requirement ,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 7,a7 shall be consistent with-- 7i7 the best available science2 and 7ii7 the applicable recommendations or other analysis1 if any1 under a report under section #aja7;h7 7including a subsequent report74 7,c7 ,timeline 7i7 ,report required ,the ,administrator may not designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under subparagraph 7,a7 before the date that is #a year after the date on which the first report under subsection 7h7 of section #aja is submitted after the date on which the review under subsection 7c7 of that section is completed4 7ii7 ,public review ,before designating a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under subparagraph 7,a71 the ,administrator shall publish the proposed designation for public review and comment for a period of not less than #ahj days4 7iii7 ,final designation ,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 7,a7 by not later than #bgj days after the date on which the public review and comment period under clause 7ii7 ends4 7#d7 ,data transparency ,the ,administrator may1 to inform a designation under paragraph 7#b7 or 7#c71 require a manufacturer1 user1 person who manufacturers equipment for a manufacturer or user1 person who the ,administrator believes may have necessary information to inform a designation under paragraph 7#b7 or 7#c71 or a person subject to the requirements of this title to provide relevant information 7on a #a-time1 periodic1 or continuing basis for such timeframe as the ,administrator determines appropriate74 7#e7 ,required petitions 7,a7 ,in general ,stakeholders shall use the petition process under paragraph 7#b7 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 7including regulations71 ,federal standards1 or ,federal ,government specifications4 7,b7 ,submission to other agencies ,if the ,administrator receives a petition under paragraph 7#b7 or begins to carry out the alternative designation process under paragraph 7#c7 with respect to a use described in subparagraph 7,a71 the ,administrator shall1 on receipt of the petition1 share the petition with the head of the ,federal agency that required the use for a review and comment period of not less than #cj days4 7#f7 ,review of previous designations ,the ,administrator may1 pursuant to a petition from a petitioner or at the discretion of the ,administrator1 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 made4 7d7 ,administrator prioritization discretion ,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 7c7 in accordance with-- 7#a7 the ,national ,,pfas ,testing ,strategy of the ,environmental ,protection ,agency 7or a successor strategy72 or 7#b7 any other method that is based on the best available science4 7e7 ,prohibition of sales of nonessential perfluoroalkyl or polyfluoroalkyl substances 7#a7 ,in general ,beginning on the date that is #aj years after the date of enactment of this ,act1 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 uses4 7#b7 ,perfluoroalkyl or polyfluoroalkyl substance stocks ,the ,administrator may approve verifiable transfers of perfluoroalkyl or polyfluoroalkyl substance stocks in the possession of a manufacturer or user to an accredited research consortium1 including ,centers of ,excellence1 ,national ,laboratories of the ,department of ,energy1 institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 and other relevant entities that contribute to the achievement of the policy described in section #ajc7;a74 7#c7 ,savings provision ,nothing in this subsection-- 7,a7 affects an obligation of a manufacturer or user to comply with a regulation or requirement associated with the removal1 disposal1 or destruction of a perfluoroalkyl or polyfluoroalkyl substance2 or 7,b7 prohibits a manufacturer or user from using a method of removal1 disposal1 or destruction of a perfluoroalkyl or polyfluoroalkyl substance in accordance with applicable law4 #ajc4 ,united ,states perfluoroalkyl or polyfluoroalkyl substance policy 7a7 ,general policy ,it is the policy of the ,united ,states that1 to the maximum extent practicable and as permitted under applicable law-- 7#a7 contamination of any environmental media by a perfluoroalkyl or polyfluoroalkyl substance should be remediated to levels that do not present an unreasonable risk to public health and the environment2 7#b7 the destruction and disposal of perfluoroalkyl or polyfluoroalkyl substances-- 7,a7 is considered most essential to the elimination of perfluoroalkyl or polyfluoroalkyl substances1 which are also known as forever chemicals2 and 7,b7 should be prioritized as part of any perfluoroalkyl or polyfluoroalkyl substance remediation strategy in a manner that presents the lowest risk of environmental release and the lowest risk to public health and the environment2 7#c7 the use of perfluoroalkyl or polyfluoroalkyl substances in consumer products should be eliminated2 and 7#d7 in cases in which the use of perfluoroalkyl or polyfluoroalkyl substances is essential1 in accordance with any applicable report under section #aja7;h7 7including a subsequent report71 and no safer alternative for that use is available1 those perfluoroalkyl or polyfluoroalkyl substances should be removed or replaced by chemicals1 product substitutes1 or alternative manufacturing processes that reduce overall risk to human health and the environment1 including risks due to chronic1 acute1 and cumulative impacts4 7b7 ,federal procurement 7#a7 ,in general ,beginning on the date of enactment of this ,act1 the heads of ,federal agencies1 in coordination with the ,administrator and the ,administrator of ,general ,services1 shall1 to the maximum extent practicable1 eliminate the procurement of products known to contain perfluoroalkyl or polyfluoroalkyl substances4 7#b7 ,survey ,in carrying out paragraph 7#a71 the heads of ,federal agencies may-- 7,a7 carry out surveys of the products procured by the ,federal agency to determine whether the products contain perfluoroalkyl or polyfluoroalkyl substances2 and 7,b7 pause or cease procurement of products that have not been identified as not containing perfluoroalkyl or polyfluoroalkyl substances within a reasonable timeline that accounts for-- 7i7 survey completion and product return2 and 7ii7 identifying and securing safer alternatives for the product4 7c7 ,best available science ,a determination that an action complies with the policy described in subsection 7a7 or an action taken under subsection 7b7 shall be based on the best available science4 7d7 ,savings provision ,nothing in this section affects any other duty or obligation under ,federal law4 #ajd4 ,perfluoroalkyl or polyfluoroalkyl substance release phaseout 7a7 ,in general ,beginning on the date that is #aj years after the date of enactment of this ,act1 it shall be unlawful for any manufacturer or user to release any quantity of perfluoroalkyl or polyfluoroalkyl substance above the threshold of detection of a detection method for perfluoroalkyl or polyfluoroalkyl substances that is validated by the ,administrator in a manner that permits that perfluoroalkyl or polyfluoroalkyl substance to enter the environment4 7b7 ,rulemaking required 7#a7 ,in general ,not later than #g years after the date of enactment of this ,act and after a period of notice and opportunity for public comment1 the ,administrator shall finalize a rule that-- 7,a7 establishes a schedule for the phaseout of the releases above the threshold of detection described in subsection 7a7 by the date described in that subsection2 and 7,b7 establishes applicable detection methods and relevant thresholds4 7#b7 ,update ,the ,administrator may update1 in whole or in part1 the schedule required under subparagraph 7,a7 of paragraph 7#a7 in accordance with that paragraph4 7#c7 ,early adoption ,the ,administrator may1 in accordance with the policy described in section #ajc7;a7 and after a period of notice and opportunity for public comment1 finalize a rule before the rule required under paragraph 7#a7 that-- 7,a7 establishes a schedule for the phaseout or banning of releases of individual perfluoroalkyl or polyfluoroalkyl substances1 mixtures of perfluoroalkyl or polyfluoroalkyl substances1 or subclasses of perfluoroalkyl or polyfluoroalkyl substances above the threshold of detection described in subsection 7a7 by the date described in that subsection2 and 7,b7 establishes applicable detection methods and relevant thresholds4 7c7 ,savings provision ,nothing in this section affects any other duty or obligation under any other ,federal law4 #aje4 ,use for research 7a7 ,in general ,notwithstanding any other provision of this title1 the ,administrator may allow the use and detectable release of perfluoroalkyl or polyfluoroalkyl substances described in subsections 7b7 and 7c7 that do not place unreasonable risk on human health or the environment for research1 development1 testing1 and other similar purposes to assist in the achievement of the policy described in section #ajc7;a74 7b7 ,remaining stocks of perfluoroalkyl or polyfluoroalkyl substances 7#a7 ,in general ,a manufacturer or user with remaining stocks of perfluoroalkyl or polyfluoroalkyl substances in the possession of the manufacturer or user following cessation of the manufacture or use of perfluoroalkyl or polyfluoroalkyl substances may enter into an agreement with the ,administrator1 an accredited research consortium1 including ,centers of ,excellence1 ,national ,laboratories of the ,department of ,energy1 institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 and other relevant entities1 as determined by the ,administrator1 in order for such stocks to be available for use in accordance with subsection 7a74 7#b7 ,requirement ,the ,administrator may only enter into an agreement under paragraph 7#a7 if the actions to be carried out under that agreement directly contribute to the achievement of the policy described in section #ajc7;a71 as determined by the ,administrator4 7#c7 ,savings provision ,nothing in this subsection-- 7,a7 affects an obligation of a manufacturer or user to comply with a regulation or requirement associated with the removal1 disposal1 or destruction of a perfluoroalkyl or polyfluoroalkyl substance2 or 7,b7 prohibits a manufacturer or user from using a method of removal1 disposal1 or destruction of a perfluoroalkyl or polyfluoroalkyl substance in accordance with applicable law4 7c7 ,prohibition ,it shall be unlawful to develop or produce a perfluoroalkyl or polyfluoroalkyl substance solely for the purposes of activities authorized under subsection 7a7 unless the ,administrator determines it necessary to comply with the policy described in section #ajc7;a74 #ajf4 ,inspections1 monitoring1 and entry 7a7 ,in general ,for the purpose of determining whether a person is in violation of this title or for the purposes of carrying out any provision of this title-- 7#a7 the ,administrator may require any manufacturer1 user1 person who manufactures equipment for a manufacturer or user1 person who the ,administrator believes may have information necessary for the purposes described in this paragraph1 or person who is subject to the requirements of this title1 on a #a-time1 periodic1 or continuous basis-- 7,a7 to install1 use1 and maintain such monitoring equipment1 and use such audit procedures or methods1 as the ,administrator may require2 7,b7 to sample such releases 7in accordance with such procedures or methods1 at such locations1 at such intervals1 during such periods1 and in such manner as determined by the ,administrator7 as the ,administrator may require2 7,c7 to keep such records on control equipment parameters1 production variables1 or other equivalent indirect data as the ,administrator may require when direct monitoring of releases is impractical2 7,d7 to provide such other information as the ,administrator may require2 and 7,e7 to provide records and reports within #cj days of the date of a request by the ,administrator for that record or report2 and 7#b7 the ,administrator 7including an authorized representative of the ,administrator71 on presentation of the credentials of the ,administrator 7or authorized representative of the ,administrator7 shall-- 7,a7 have a right of entry to1 on1 or through any premises of the person or any premises in which any records required to be maintained under paragraph 7#a7 are located2 and 7,b7 at reasonable times1 have a right to access and copy any records1 to inspect any monitoring equipment or method required under paragraph 7#a71 and to sample any releases that the person is required to sample under that paragraph4 7b7 ,public availability ,any record1 report1 or information obtained by the ,administrator under subsection 7a7 shall1 subject to section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfac71 be made available to the public as soon as reasonably practicable4 #ajg4 ,enforcement 7a7 ,compliance orders 7#a7 ,in general ,except as provided in paragraph 7#b71 whenever1 on the basis of any information1 the ,administrator determines that a person may have violated1 or may be in violation of1 any requirement of this title1 the ,administrator may-- 7,a7 issue an order-- 7i7 assessing a civil penalty for any past or current violation in an amount that the ,administrator determines would remove any economic benefit from the violation2 7ii7 requiring compliance with that requirement1 either immediately or within a specified period of time2 or 7iii7 that both assesses a civil penalty in accordance with clause 7i7 and requires compliance in accordance with clause 7ii72 or 7,b7 commence a civil action for appropriate relief1 including a temporary or permanent injunction1 in the ,united ,states district court for-- 7i7 the district in which the violation is alleged to have occurred1 or is occurring2 or 7ii7 the district in which the defendant resides or in which the principal place of business of the defendant is located4 7#b7 ,notice to ,state ,before issuing an order or commencing an action under paragraph 7#a7 for a violation of a requirement of this title1 the ,administrator shall give notice to the ,state in which the violation is alleged to have occurred4 7#c7 ,suspension and revocation ,an order issued pursuant to this subsection-- 7,a7 may include a suspension or revocation of any use of a perfluoroalkyl or polyfluoroalkyl substance authorized under this title by the ,administrator or a ,state2 and 7,b7 shall state with reasonable specificity the nature of the violation for which the order was issued4 7#d7 ,civil penalty 7,a7 ,factors ,in assessing a civil penalty under paragraph 7#a77;,a77i71 the ,administrator shall take into account1 as applicable-- 7i7 the seriousness of the violation2 7ii7 the full compliance history of the defendant and any good faith efforts to comply2 7iii7 the size of the business of the defendant2 7iv7 the economic impact of the penalty on the business of the defendant2 7v7 the duration of the violation1 as established by credible evidence 7including evidence other than the applicable test method72 7vi7 the amount of penalties previously assessed for the same violation2 7vii7 the economic benefit of the violation2 7viii7 the cumulative impacts of-- 7,i7 the full compliance history of the defendant and any good faith efforts to comply2 and 7,,ii7 other environmental contaminant exposures in impacted communities and ecosystems2 and 7ix7 any other factor that justice may require4 7,b7 ,savings provision ,nothing in this paragraph affects the existing authority of the ,administrator to exercise enforcement discretion1 including consideration of supplemental environmental projects4 7b7 ,violation of compliance orders ,if a person subject to an order issued under subsection 7a77#a7 fails to take corrective action within the period specified in that order1 the ,administrator may assess a civil penalty in an amount that the ,administrator determines would remove any economic benefit from the violation for each day of continuing violation in accordance with subsection 7a77#d74 7c7 ,criminal penalties ,a person who recklessly violates any material condition or requirement of any applicable standard under this title 7including regulations7 shall1 on conviction1 be subject to-- 7#a7 a fine in an amount that the ,administrator determines removes any economic benefit of the violation for each day of continuing violation2 7#b7 imprisonment for a period of not more than #e years2 or 7#c7 both a fine under paragraph 7#a7 and imprisonment under paragraph 7#b74 7d7 ,relationship to other laws ,the ,administrator shall carry out this title in accordance with-- 7#a7 the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq472 7#b7 the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfja et seq472 7#c7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7#d7 the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adja et seq472 7#e7 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 and 7#f7 the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 7commonly known as the ,resource ,conservation and ,recovery ,act of #aigf74 #ajh4 ,citizen suits 7a7 ,citizen suits authorized 7#a7 ,in general ,except as provided in subsections 7b7 and 7c71 any person may commence a civil action on their own behalf against-- 7,a7 any manufacturer or user subject to the requirements of this title 7including a manufacturer1 user1 the ,united ,states1 and1 to the extent permitted by the #aath ,amendment of the ,constitution of the ,united ,states1 any other governmental instrumentality or agency7 that is alleged to be in violation of any standard1 regulation1 condition1 requirement1 prohibition1 schedule1 deadline1 or order under this title2 7,b7 any manufacturer or user subject to the requirements of this title 7including the ,united ,states and1 to the extent permitted by the #aath ,amendment of the ,constitution of the ,united ,states1 any other governmental instrumentality or agency7 that is using a perfluoroalkyl or polyfluoroalkyl substance that may present an imminent and substantial endangerment to human health or the environment2 or 7,c7 the ,administrator1 if the ,administrator is alleged to have failed to perform any act or duty under this title that is not discretionary4 7#b7 ,jurisdiction 7,a7 ,appropriate courts 7i7 ,violations and endangerment claims ,an action brought under subparagraph 7,a7 or 7,b7 of paragraph 7#a7 shall be brought in the district court for the district in which the alleged violation or endangerment occurred4 7ii7 ,claims against the ,administrator ,an action brought under paragraph 7#a77;,c7 may be brought in-- 7,i7 the ,united ,states district court for the district in which the alleged violation occurred2 or 7,,ii7 the ,united ,states ,district ,court for the ,district of ,columbia4 7,b7 ,authority ,a district court described in subparagraph 7,a7 shall have jurisdiction-- 7i7 with respect to an action described in paragraph 7#a77;,a71 to enforce the standard1 regulation1 condition1 requirement1 prohibition1 schedule1 deadline1 or order described in that paragraph2 7ii7 with respect to an action described in paragraph 7#a77;,b71 to order a person described in that paragraph-- 7,i7 to refrain from the use of the perfluoroalkyl or polyfluoroalkyl substance that may be contributing to the imminent and substantial endangerment2 7,,ii7 to take any action as may be necessary to prevent the imminent and substantial endangerment described in that paragraph2 or 7,,iii7 to carry out any combination of actions described in subclauses 7,i7 and 7,,ii72 7iii7 with respect to an action described in paragraph 7#a77;,c71 to order the ,administrator to perform the act or duty referred to in that paragraph2 and 7iv7 with respect to any action described in paragraph 7#a71 to apply any appropriate civil remedy under this title4 7b7 ,additional requirements 7#a7 ,actions for enforcement of requirements 7,a7 ,notice of violation 7i7 ,in general ,no action may be brought under subsection 7a77#a77;,a7 unless1 not less than #fj days before the date on which the action is brought1 notice of the violation of the standard1 regulation1 condition1 requirement1 prohibition1 schedule1 deadline1 or order for which the action would be brought is provided to-- 7,i7 the ,administrator2 7,,ii7 the ,state in which the alleged violation occurred2 and 7,,iii7 except as provided in clause 7ii71 the alleged violator of the applicable standard1 regulation1 condition1 requirement1 prohibition1 schedule1 deadline1 or order4 7ii7 ,exception ,notwithstanding clause 7i77,,iii71 an action may be brought under subsection 7a77#a77;,a7 immediately after the notice described in that clause is provided to the alleged violator if the action is for a violation of this title4 7,b7 ,no action if suit ongoing ,no action may be brought under subsection 7a77#a77;,a7 if the ,administrator or a ,state has commenced and is diligently prosecuting a civil or criminal action in a court of the ,united ,states or a ,state to require compliance with the standard1 regulation1 condition1 requirement1 prohibition1 schedule1 deadline1 or order for which the action under subsection 7a77#a77;,a7 would be brought4 7,c7 ,intervention as matter of right ,in an action under brought under subsection 7a77#a77;,a7 in a court of the ,united ,states1 any person may intervene as a matter of right4 7#b7 ,actions for endangerment 7,a7 ,notice of endangerment ,no action may be brought under subsection 7a77#a77;,b7 unless1 not less than #ij days before the date on which the action is brought1 notice of the imminent and substantial endangerment to human health or the environment is provided to-- 7i7 the ,administrator2 7ii7 the ,state in which the endangerment may occur2 and 7iii7 the person that is alleged to be contributing to the use of the perfluoroalkyl or polyfluoroalkyl substance causing the endangerment4 7,b7 ,no action if suit is ongoing ,no action may be commenced under subsection 7a77#a77;,b7 if the ,administrator1 in order to restrain or abate acts or conditions that may have contributed or are contributing to the activities which may present the alleged endangerment1 has commenced and is diligently acting on an authority provided under an applicable law4 7,c7 ,intervention as matter of right ,in an action brought under subsection 7a77#a77;,b7 in a court of the ,united ,states1 any person may intervene as a matter of right4 7,d7 ,notice of action ,a person bringing an action under subsection 7a77#a77;,b7 in a court of the ,united ,states shall serve a copy of the complaint on-- 7i7 the ,attorney ,general2 and 7ii7 the ,administrator4 7#c7 ,actions against the ,administrator 7,a7 ,notice to ,administrator ,no action may be brought under subsection 7a77#a77;,c7 unless1 not less than #fj days before the date on which the action is brought1 the person bringing the action has given notice to the ,administrator of the intent to bring the action4 7,b7 ,form ,the ,administrator shall prescribe the form in which the notice under subparagraph 7,a7 shall be provided4 7c7 ,costs 7#a7 ,attorney and expert witness fees ,a court1 in issuing any final order in an action brought pursuant to this section1 may award the costs of litigation 7including reasonable attorney and expert witness fees7 to the prevailing or substantially prevailing party1 as the court determines to be appropriate4 7#b7 ,bond ,a court1 in any action brought pursuant to this section in which a temporary restraining order or preliminary injunction is sought1 may require the filing of a bond or equivalent security in accordance with the ,federal ,rules of ,civil ,procedure4 #aji4 ,imminent hazard 7a7 ,authority of the ,administrator ,notwithstanding any other provision of this title1 on receipt of evidence that the use of any perfluoroalkyl or polyfluoroalkyl substance presents an imminent and unreasonable risk of serious or widespread injury to public health or environment1 without consideration of costs or other nonrisk factors1 the ,administrator may issue an order to or bring suit against any manufacturer or user subject to the requirements of this title that is determined by the ,administrator to be causing the imminent and unreasonable risk-- 7#a7 to restrain that manufacturer or user from that use2 7#b7 to order that manufacturer or user to take such other action as may be necessary2 or 7#c7 for the purposes described in paragraphs 7#a7 and 7#b74 7b7 ,violations ,a manufacturer or user who willfully violates1 or fails or refuses to comply with1 any order of the ,administrator under subsection 7a7 may1 in an action brought in the appropriate ,united ,states district court to enforce that order1 be fined in an amount that the ,administrator determines removes any economic benefit of noncompliance for each day in which the violation occurs or the failure to comply continues4 7c7 ,immediate notice ,on receipt of information that there is a perfluoroalkyl or polyfluoroalkyl substance that presents an imminent and substantial endangerment to human health or the environment1 the ,administrator shall require the violating manufacturer or user1 at cost to the violating manufacturer or user-- 7#a7 to provide immediate and public notice1 within an estimated radius of impact as determined appropriate by the ,administrator1 to-- 7,a7 the appropriate local government agencies and public services1 including impacted utilities1 including drinking water treatment plants1 and public health1 law enforcement1 and environmental protection officials2 and 7,b7 the community in which the endangerment is occurring1 including publicly accessible areas of community congregation1 including community recreation and health centers1 public libraries1 public schools1 government offices1 online message boards1 listservs1 and social media used by members of that community1 and not-for-profit community services2 7#b7 to require-- 7,a7 immediate and public notice to impacted members of the community that is provided across communication media and is easily accessible2 and 7,b7 public meetings1 in partnership with the ,administrator and local authorities and leaders1 for direct community engagement to provide health1 safety1 and additional information to the community and to field questions and concerns2 and 7#c7 to provide regular updates with respect to the endangerment in accordance with the methods described in paragraphs 7#a7 and 7#b74 #aaj4 ,application of ,federal1 ,state1 and local law to ,federal agencies 7a7 ,definitions ,in this section3 7#a7 ,covered agency ,the term covered agency means a department1 agency1 or instrumentality of the executive1 legislative1 or judicial branch of the ,federal ,government that-- 7,a7 has jurisdiction over a facility that manufactures a perfluoroalkyl or polyfluoroalkyl substance2 or 7,b7 is engaged in any activity that results1 or may result1 in the treatment1 disposal1 or release of a perfluoroalkyl or polyfluoroalkyl substance into the environment4 7#b7 ,national security ,the term national security has the meaning given the term in section #adjj4ajb7;a7 of title #e1 ,code of ,federal ,regulations 7as in effect on ,march #d1 #bjbf74 7#c7 ,reasonable service charge ,the term reasonable service charge1 with respect to a requirement under ,federal1 ,state1 interstate1 or local law1 includes-- 7,a7 fees or charges assessed in connection with enforcement1 compliance1 and investigation activities with respect to that requirement2 and 7,b7 any other nondiscriminatory charge that is assessed in connection with a ,federal1 ,state1 interstate1 or local perfluoroalkyl or polyfluoroalkyl regulatory program4 7b7 ,applicability of laws 7#a7 ,in general ,each covered agency shall be subject to1 and comply with1 all ,federal1 ,state1 interstate1 and local laws regulating perfluoroalkyl or polyfluoroalkyl substances1 including substantive and procedural requirements1 in the same manner and to the same extent as any person that is subject to those requirements1 including any requirements for the payment of reasonable service charges4 7#b7 ,inclusions ,the ,federal1 ,state1 interstate1 and local requirements1 including substantive and procedural requirements1 described in paragraph 7#a7 include-- 7,a7 an administrative order2 and 7,b7 a civil or administrative penalty or fine1 regardless of whether that penalty or fine is-- 7i7 punitive or coercive in nature2 or 7ii7 imposed for isolated1 intermittent1 or continuing violations4 7c7 ,waiver of immunity 7#a7 ,in general ,the ,united ,states expressly waives any immunity otherwise applicable to the ,united ,states with respect to a ,federal1 ,state1 interstate1 or local requirement described in subsection 7b77#a71 including any immunity with respect to injunctive relief1 an administrative order1 or a civil or administrative penalty or fine described in subsection 7b77#b77;,b74 7#b7 ,no exemption ,neither the ,united ,states nor an agent1 employee1 or officer of the ,united ,states shall be immune or exempt from any process or sanction of any ,federal or ,state court with respect to the enforcement of any injunctive relief described in paragraph 7#a74 7#c7 ,no personal liability ,no agent1 employee1 or officer of the ,united ,states shall be personally liable for any civil penalty under any ,federal1 ,state1 interstate1 or local law regulating perfluoroalkyl or polyfluoroalkyl substances with respect to any act or omissions that is within the scope of the official duties of the agent1 employee1 or officer4 7#d7 ,criminal liability ,an agent1 employee1 or officer of the ,united ,states shall be subject to any criminal sanction 7including fine or imprisonment7 under any ,federal or ,state law regulating perfluoroalkyl or polyfluoroalkyl substances1 but no department1 agency1 or instrumentality of the ,federal ,government shall be subject to such a criminal sanction4 7d7 ,exemption 7#a7 ,in general ,subject to paragraph 7#d71 the ,president may exempt1 in direct consultation with the ,administrator1 any department1 agency1 or instrumentality of the executive branch of the ,federal ,government from compliance with a requirement under a ,federal1 ,state1 interstate1 or local law regulating perfluoroalkyl or polyfluoroalkyl substances if the ,president determines that the exemption is in the interest of the national security of the ,united ,states4 7#b7 ,requirements 7,a7 ,term ,an exemption under paragraph 7#a7 shall be for a period not to exceed #a year4 7,b7 ,renewal ,the ,president may1 in accordance with paragraph 7#a71 renew an exemption under that paragraph for a period not to exceed #a year for each renewal4 7,c7 ,report to congress ,not later than ,january #ca of each year1 the ,president shall submit to ,congress a report that describes all exemptions granted under paragraph 7#a7 during the previous calendar year1 including a description of the reason for each exemption4 7#c7 ,public notice of exemption 7,a7 ,in general ,subject to subparagraph 7,b71 the ,president1 the ,administrator1 and the head of the department1 agency1 or instrumentality subject to an exemption under paragraph 7#a7 shall immediately make public the exemption1 including any renewal of an exemption under paragraph 7#b77;,b74 7,b7 ,waiver of public notice requirement ,the ,president1 in consultation with the ,administrator1 may waive the requirement under subparagraph 7,a7 if the ,president1 in consultation with the ,administrator1 determines that the waiver is in the interest of national security4 7#d7 ,no exemption for lack of appropriations ,the ,president may not grant an exemption under paragraph 7#a7 due to a lack of appropriation of amounts to comply with a requirement described in that paragraph4 #aaa4 ,judicial review 7a7 ,review of final regulations and certain petitions 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 any judicial review of a final regulation promulgated pursuant to this title or a denial by the ,administrator for a petition for the promulgation1 amendment1 or repeal of a regulation under this title shall be in accordance with this title4 7#b7 ,limitations on bringing claims 7,a7 ,in general ,a petition for the judicial review of an action of the ,administrator in promulgating any regulation or requirement under this title1 or the denial of any petition for the promulgation1 amendment1 or repeal of a regulation under this title1 may only be brought-- 7i7 in the ,united ,states ,court of ,appeals for the ,district of ,columbia2 and 7ii7 subject to subparagraph 7,b71 not later than #ij days after the date on which the promulgation or denial occurred4 7,b7 ,exception ,a petition described in subparagraph 7,a7 may be brought after the #ij-;day period described in clause 7ii7 of that subparagraph if the petition is based solely on grounds that arose after the end of that #ij-;day period4 7,c7 ,no review ,an action of the ,administrator with respect to which review could have been obtained under this subsection within the #ij-;day period described in subparagraph 7,a77ii71 but was not1 shall not be subject to judicial review in any civil or criminal proceeding for enforcement of this title4 7#c7 ,proceedings for actions for which notice and comment is required 7,a7 ,in general ,with respect to a petition for the judicial review of a determination for which this title requires notice and opportunity for hearing1 if the party seeking the judicial review applies to the court for leave to adduce additional evidence1 and demonstrates to the satisfaction of the court that the evidence is material and that there were reasonable grounds for the failure to adduce that evidence in the proceeding before the ,administrator1 the court may order that-- 7i7 additional evidence 7and any rebuttal evidence7 be taken before the ,administrator2 and 7ii7 the ,administrator adduce that evidence in the hearing in such a manner and on such terms and conditions as the court determines to be appropriate4 7,b7 ,revision ,based on any evidence adduced pursuant to subparagraph 7,a77ii71 the ,administrator-- 7i7 may-- 7,i7 modify the findings of the ,administrator as to the facts2 or 7,,ii7 make new findings2 and 7ii7 if applicable1 shall file with the court-- 7,i7 any modified or new findings made2 and 7,,ii7 the recommendation of the ,administrator1 if any1 regarding whether to modify or set aside the determination of the ,administrator being reviewed4 7,c7 ,return of evidence ,on filing the findings and recommendations required under subparagraph 7,b77ii71 the ,administrator shall return any additional evidence that had been adduced4 7b7 ,review of other actions 7#a7 ,in general ,any interested person may1 in the court of appeals of the ,united ,states for the judicial circuit in which the person resides or transacts business1 apply for review of the actions of the ,administrator in carrying out any mandatory duties required under this title4 7#b7 ,time limitations 7,a7 ,in general ,subject to subparagraph 7,b71 an application for review under paragraph 7#a7 shall be made not later than #ij days after the date of the applicable issuance1 denial1 modification1 revocation1 grant1 or withdrawal4 7,b7 ,exception ,an application for review under paragraph 7#a7 may be made after the date described in subparagraph 7,a7 only if the application is based solely on grounds that arose after the end of the #ij-;day period described in that subparagraph4 7#c7 ,no later review ,an action of the ,administrator with respect to which review could have been obtained under paragraph 7#a7 within the #ij-;day period described in paragraph 7#b77;,b71 but was not1 shall not be subject to judicial review in any civil or criminal proceeding for enforcement of this title4 7#d7 ,requirement ,a review under paragraph 7#a7 shall be carried out in accordance with chapter #g of title #e1 ,united ,states ,code4 7c7 ,statutory or common law rights not restricted ,nothing in this title restricts any right that a person or class of persons may have under statutory or common law to seek enforcement of this title or to seek any other relief 7including relief against the ,administrator or a ,state agency74 7d7 ,nonrestriction of other rights ,nothing in this title or in any other law of the ,united ,states prohibits1 excludes1 or restricts any ,state1 local1 or interstate authority from bringing any enforcement action or obtaining any judicial remedy or sanction in any ,state or local court with respect to the manufacture or release of perfluoroalkyl or polyfluoroalkyl substances4 #aab4 ,regulatory authority 7a7 ,general authority ,the ,administrator may promulgate such regulations as are necessary to carry out this title consistent with the policy described in section #ajc7;a74 7b7 ,requirement ,in carrying out any rulemaking under this title that requires a period of notice and opportunity for public comment1 that rulemaking shall be carried out in accordance with section #eec of title #e1 ,united ,states ,code4 #aac4 ,funding 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator such sums as may be necessary to carry out this title1 except for section #aja7;i71 for each of fiscal years #bjbg through #bjcf4 7b7 ,fee collection 7#a7 ,definitions ,in this subsection3 7,a7 ,annual report fee ,the term annual report fee means the fee established by the ,administrator under paragraph 7#b77;,b77i77,i7 to submit an annual report under section #ajb7;a77#b74 7,b7 ,petition fee ,the term petition fee means the fee established by the ,administrator under paragraph 7#b77;,b77i77,,ii7 to submit a petition to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under section #ajb7;c74 7,c7 ,small manufacturer ,the term small manufacturer has the meaning given the term in section #gjd4c of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,establishment of fees 7,a7 ,workload assessment analysis ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall complete a workload assessment analysis with respect to the costs expected on the ,administrator to carry out this title1 which may include an examination of the impacts of a reduced fee for small manufacturers under subparagraph 7,c74 7,b7 ,rulemaking 7i7 ,in general ,not later than #a year after the date on which the ,administrator completes the workload assessment analysis under subparagraph 7,a71 and using that workload assessment analysis1 the ,administrator shall complete a public and transparent rulemaking to establish the requirements and fees necessary to submit-- 7,i7 the annual reports under section #ajb7;a77#b71 including any necessary requirements for additional reports under that subparagraph2 and 7,,ii7 a petition to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under section #ajb7;c71 which shall include-- 7aa7 a separate fee for each use for which a designation is requested in the petition2 and 7bb7 any necessary requirements for the petition process under that section4 7ii7 ,public review and comment ,the #a-year period described in clause 7i7 shall include not less than #ij days for public review and comment on the proposed rulemaking under that clause4 7iii7 ,factors ,in determining the amount of the annual report fee and the petition fee in the rulemaking required under clause 7i71 the ,administrator-- 7,i7 shall consider-- 7aa7 usage of perfluoroalkyl or polyfluoroalkyl substances2 7bb7 the volume of used perfluoroalkyl or polyfluoroalkyl substances2 and 7cc7 the known toxicological risks of individual perfluoroalkyl or polyfluoroalkyl substances1 mixtures of perfluoroalkyl or polyfluoroalkyl substances1 and subclasses of perfluoroalkyl or polyfluoroalkyl substances1 as determined by sources of information determined relevant by the ,administrator1 including the ,national ,,pfas ,testing ,strategy and the ,computational ,toxicology ,chemicals ,dashboard of the ,environmental ,protection ,agency2 and 7,,ii7 may consider the expected total annual costs of administering the non-discretionary provisions of this title1 including collecting1 processing1 reviewing1 providing access to1 and protecting from disclosure confidential business information that is subject to section #ad of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfac74 7,c7 ,small manufacturers ,the ,administrator may1 in the rulemaking required under subparagraph 7,b77i71 reduce the annual report fee and the petition fee for small manufacturers4 7,d7 ,timeline2 required minimum fees 7i7 ,in general ,the ,administrator shall finalize the amount of the annual report fee and the petition fee1 including any reduced fees for small manufacturers under subparagraph 7,c71 by the date that is not later than #b years after the date of enactment of this ,act4 7ii7 ,required fee ,if the ,administrator fails to finalize the amount of the annual report fee and the petition fee within the #b-year period described in clause 7i7-- 7,i7 the amount of the annual report fee shall be #ajj1jjj for each annual report submitted under section #ajb7;a77#b71 which may be lower for small manufacturers as determined by the ,administrator2 and 7,,ii7 the amount of the petition fee shall be #ajj1jjj for each petition submitted under section #ajb7;c71 which may be lower for small manufacturers as determined by the ,administrator4 7iii7 ,finalization of amounts ,nothing in this subparagraph requires the ,administrator to use the minimum fee amounts imposed by clause 7ii7 after completion of the rulemaking process required under subparagraph 7,b71 even if that rulemaking process is not completed within the #b-year period described in clause 7i74 7#c7 ,adjustment of fee amounts 7,a7 ,adjustment for inflation 7i7 ,in general ,on the date that is #c years after the date on which the ,administrator establishes the amount of the annual report fee and the petition fee1 and every #c years thereafter1 the ,administrator shall adjust the amount of the annual report fee and the petition fee to reflect changes for the #cf-month period ending the preceding ,november #cj in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistic of the ,department of ,labor4 7ii7 ,adjustment of mandatory minimums ,if the minimum fee amounts under paragraph 7#b77;,d77ii7 are in effect1 clause 7i7 shall be applied by substituting the date on which the ,administrator establishes the amount of the annual report fee and the petition fee for the date on which minimum fee amounts under paragraph 7#b77;,d77ii7 come into effect until such time as the ,administrator completes the rulemaking process required under paragraph 7#b77;,b74 7,b7 ,additional adjustment ,in addition to the adjustment required under subparagraph 7,a71 the ,administrator may1 after a period of notice and opportunity for public comment1 further adjust the amount of the annual report fee and the petition fee4 7#d7 ,waiver of fees ,the ,administrator shall waive the petition fee for any petition from a ,federal agency1 a ,state agency1 or a nonprofit entity described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code to designate a use of a perfluoroalkyl or polyfluoroalkyl substance as a nonessential use or an essential use under section #ajb7;c74 7#e7 ,funds 7,a7 ,,pfas ,report ,assessment ,fund 7i7 ,establishment ,there is established in the ,treasury a fund1 to be known as the ,,pfas ,report ,assessment ,fund1 to be administered by the ,administrator4 7ii7 ,deposits ,each fiscal year1 the ,secretary of the ,treasury shall deposit into the ,,pfas ,report ,assessment ,fund an amount equal to all annual report fees collected during the previous fiscal year4 7iii7 ,contents ,the ,,pfas ,report ,assessment ,fund shall consist of-- 7,i7 amounts deposited by the ,secretary of the ,treasury under clause 7ii72 and 7,,ii7 any appropriations made by ,congress4 7iv7 ,use of funds ,amounts in the ,,pfas ,report ,assessment ,fund may be used1 without further appropriation1 to carry out section #ajb7;a77#b74 7,b7 ,,pfas ,petition ,assessment ,fund 7i7 ,establishment ,there is established in the ,treasury a fund1 to be known as the ,,pfas ,petition ,assessment ,fund1 to be administered by the ,administrator4 7ii7 ,deposits ,each fiscal year1 the ,secretary of the ,treasury shall deposit into the ,,pfas ,petition ,assessment ,fund an amount equal to all petition fees collected during the previous fiscal year4 7iii7 ,contents ,the ,,pfas ,petition ,assessment ,fund shall consist of-- 7,i7 amounts deposited by the ,secretary of the ,treasury under clause 7ii72 and 7,,ii7 any appropriations made by ,congress4 7iv7 ,use of funds ,amounts in the ,,pfas ,petition ,assessment ,fund may be used1 without further appropriation1 to carry out section #ajb7;c74 7,c7 ,interfund transfers ,the ,administrator may1 at the discretion of the ,administrator and without further appropriation1 transfer amounts between the ,,pfas ,report ,assessment ,fund and the ,,pfas ,petition ,assessment ,fund4 7#f7 ,termination of fees ,the ,administrator may terminate collection of the annual report fee and the petition fee only after the ,administrator determines1 using a rulemaking with a public comment period of not less than #ij days1 a science-based reason that the fee program is no longer necessary4 #aad4 ,severability ,if any provision of this title or the application of that provision to any person or circumstance is held to be unconstitutional1 the remainder of this title1 and the application of the provision to any other person or circumstance1 shall not be affected4 #aae4 ,retention of ,state authority 7a7 ,general policy 7#a7 ,in general ,except as provided in paragraph 7#b71 beginning on the effective date of the regulations to carry out this title1 no ,state or political subdivision of a ,state may impose any requirement that is less stringent than the requirements under this title 7including regulations7 with respect to the same matters that are regulated under this title 7including regulations74 7#b7 ,exception ,if the application of any requirement under this title 7including regulations7 is postponed or enjoined by action of a court1 a ,state or political subdivision of a ,state may impose requirements described in paragraph 7#a7 until such time as the requirements under this title take effect4 7b7 ,savings provision ,nothing in this title prohibits a ,state or political subdivision of a ,state from imposing requirements that are more stringent than those imposed by this title 7including regulations74 ,,ii ,other matters with respect to perfluoroalkyl or polyfluoroalkyl substances #bja4 ,centers of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions 7a7 ,purpose ,the purpose of this section is to dedicate resources to advancing1 and expanding access to1 perfluoroalkyl or polyfluoroalkyl substance detection and remediation science1 research1 and technologies through ,centers of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions4 7b7 ,definitions ,in this section3 7#a7 ,appropriate committees of congress ,the term appropriate committees of ,congress means-- 7,a7 the congressional defense committees 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code72 7,b7 the ,committee on ,environment and ,public ,works1 the ,committee on ,energy and ,natural ,resources1 and the ,committee on ,veterans' ,affairs of the ,senate2 and 7,c7 the ,committee on ,energy and ,commerce1 the ,committee on ,natural ,resources1 the ,committee on ,science1 ,space1 and ,technology1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 7#b7 ,center ,the term ,center means the ,center of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions established under subsection 7c77#a77;,a74 7#c7 ,centers ,the term ,centers means-- 7,a7 the ,center2 and 7,b7 the ,rural ,center4 7#d7 ,eligible research university ,the term eligible research university means an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 that-- 7,a7 has annual research expenditures of not less than #gej1jjj1jjj2 and 7,b7 is located near a population center of not fewer than #e1jjj1jjj individuals4 7#e7 ,eligible rural university ,the term eligible rural university means an institution of higher education that-- 7,a7 is located in a ,state described in section #agjc7;d77#a77;,c77iii77,i7 of title #ch1 ,united ,states ,code2 and 7,b7 is a member of the ,national ,security ,innovation ,network in the ,rocky ,mountain ,region4 7#f7 ,,epa method #ecc ,the term ,,epa ,method #ecc means the method described in the document of the ,environmental ,protection ,agency entitled ,method #ecc3 ,determination of ,per- and ,polyfluoroalkyl ,substances in ,drinking ,water by ,isotope ,dilution ,anion ,exchange ,solid ,phase ,extraction and ,liquid ,chromatography_/,tandem ,mass ,spectrometry 7or a successor document74 7#g7 ,,epa method #ecg4a ,the term ,,epa ,method #ecg4a means the method described in the document of the ,environmental ,protection ,agency entitled ,determination of ,selected ,per- and ,polyfluorinated ,alkyl ,substances in ,drinking ,water by ,solid ,phase ,extraction and ,liquid ,chromatography_/,tandem ,mass ,spectrometry 7,,lc_/,,ms_/,,ms7 7or a successor document74 7#h7 ,national laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#i7 ,rural ,center ,the term ,rural ,center means the ,rural ,center of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions established under subsection 7c77#a77;,b74 7c7 ,establishment 7#a7 ,in general ,the ,administrator shall-- 7,a7 7i7 select from among the applications submitted under paragraph 7#b77;,a7 an eligible research university and a ,national ,laboratory applying jointly for the establishment of a center1 to be known as the ,center of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions1 which shall be a bi-institutional collaboration between the eligible research university and ,national ,laboratory co-applicants2 and 7ii7 guide and assist the eligible research university and ,national ,laboratory in the establishment of that center2 and 7,b7 7i7 select from among the applications submitted under paragraph 7#b77;,b7 an eligible rural university for the establishment of an additional center1 to be known as the ,rural ,center of ,excellence for ,assessing ,perfluoroalkyl and ,polyfluoroalkyl ,substances in ,water ,sources and ,perfluoroalkyl and ,polyfluoroalkyl ,substance ,remediation ,solutions2 and 7ii7 guide and assist the eligible rural university in the establishment of that center4 7#b7 ,applications 7,a7 ,center 7i7 ,in general ,an eligible research university and ,national ,laboratory desiring to establish the ,center shall jointly submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7ii7 ,criteria ,in evaluating applications submitted under clause 7i71 the ,administrator shall only consider applications that-- 7,i7 include evidence of an existing partnership between the co-applicants that is dedicated to supporting and expanding shared scientific goals with a clear pathway to collaborating on furthering science and research relating to perfluoroalkyl or polyfluoroalkyl substances2 7,,ii7 demonstrate a history of collaboration between the co-applicants on the advancement of shared research capabilities1 including instrumentation and research infrastructure relating to perfluoroalkyl or polyfluoroalkyl substances2 7,,iii7 indicate that the co-applicants have the capacity to expand education and research opportunities for undergraduate and graduate students to prepare a generation of experts in sciences relating to perfluoroalkyl or polyfluoroalkyl substances2 7,,iv7 demonstrate that the ,national ,laboratory co-applicant is equipped to scale up newly discovered materials and methods for perfluoroalkyl or polyfluoroalkyl substance detection and perfluoroalkyl or polyfluoroalkyl substance removal processes for low-risk1 cost-effective1 and validated commercialization2 and 7,v7 identify #a or more staff members of the eligible research university co-applicant and #a or more staff members of the ,national ,laboratory co-applicant who-- 7aa7 have expertise in sciences relevant to perfluoroalkyl or polyfluoroalkyl substance detection and remediation2 and 7bb7 have been jointly selected1 and will be jointly appointed1 by the co-applicants to lead1 and carry out the purposes of1 the ,center4 7,b7 ,rural center ,an eligible rural university desiring to establish the ,rural ,center shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#c7 ,timing 7,a7 ,in general ,subject to subparagraph 7,b71 the ,centers shall be established not later than #a year after the date of enactment of this ,act4 7,b7 ,delay ,if the ,administrator determines that a delay in the establishment of #a or both of the ,centers is necessary1 the ,administrator-- 7i7 not later than the date described in subparagraph 7,a71 shall submit a notification to the appropriate committees of ,congress explaining the necessity of the delay2 and 7ii7 shall ensure that the #a or more ,centers for which a delay is necessary are established not later than #c years after the date of enactment of this ,act4 7#d7 ,requirement ,the ,administrator shall carry out subparagraphs 7,a7 and 7,b7 of paragraph 7#a7-- 7,a7 in coordination with the ,secretary of ,energy1 as the ,administrator determines to be appropriate2 and 7,b7 in consultation with the ,strategic ,environmental ,research and ,development ,program and the ,environmental ,security ,technology ,certification ,program of the ,department of ,defense4 7d7 ,duties and capabilities of the centers 7#a7 ,in general ,the ,centers shall develop and maintain-- 7,a7 capabilities for measuring1 using methods certified by the ,environmental ,protection ,agency1 perfluoroalkyl or polyfluoroalkyl substance contamination in drinking water1 ground water1 and any other relevant environmental1 municipal1 industrial1 or residential water samples or other environmental media2 and 7,b7 capabilities for-- 7i7 evaluating emerging perfluoroalkyl or polyfluoroalkyl substance removal and destruction technologies and methods2 and 7ii7 benchmarking those technologies and methods relative to existing technologies and methods4 7#b7 ,requirements 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,centers shall1 at a minimum-- 7i7 develop instruments and personnel capable of analyzing perfluoroalkyl or polyfluoroalkyl substance contamination in water using ,,epa method #ecc1 ,,epa method #ecg4a1 any future method or updated method1 or any other relevant method for detecting perfluoroalkyl or polyfluoroalkyl substances in water2 7ii7 develop and maintain capabilities for evaluating the removal of perfluoroalkyl or polyfluoroalkyl substances from water or other environmental media2 7iii7 develop and maintain capabilities to evaluate the degradation of perfluoroalkyl or polyfluoroalkyl substances in water or other environmental media2 7iv7 make the capabilities and instruments developed under clauses 7i7 through 7iii7 available to researchers throughout the regions in which the ,centers are located2 and 7v7 make reliable perfluoroalkyl or polyfluoroalkyl substance measurement capabilities and instruments available to municipalities and individuals in the region in which the ,centers are located at reasonable cost4 7,b7 ,open-access research ,the ,centers shall provide open access to the research findings of the ,centers4 7e7 ,coordination with other federal agencies ,the ,administrator may1 as the ,administrator determines to be necessary1 use staff and other resources from other ,federal agencies in carrying out this section4 7f7 ,reports 7#a7 ,report on establishment of center ,with respect to each of the ,center and the ,rural ,center1 not later than #a year after the date on which the center is established under subsection 7c71 the ,administrator1 in coordination with that center1 shall submit to the appropriate committees of ,congress a report describing-- 7,a7 the establishment of that center2 and 7,b7 the activities of that center since the date on which that center was established4 7#b7 ,annual reports ,with respect to each of the ,center and the ,rural ,center1 not later than #a year after the date on which the report under paragraph 7#a7 for that center is submitted1 and annually thereafter until the date on which that center is terminated under subsection 7g71 the ,administrator1 in coordination with that center1 shall submit to the appropriate committees of ,congress a report describing-- 7,a7 the activities of that center during the year covered by the report2 and 7,b7 any policy1 research1 or funding recommendations relating to the purposes or activities of that center4 7g7 ,termination 7#a7 ,in general ,subject to paragraph 7#b71 the ,centers shall terminate on ,october #a1 #bjcd4 7#b7 ,extension ,if the ,administrator1 in consultation with the ,centers1 determines that the continued operation of #a or both of the ,centers beyond the date described in paragraph 7#a7 is necessary to advance science and technologies to address perfluoroalkyl or polyfluoroalkyl substance contamination-- 7,a7 the ,administrator shall submit to the appropriate committees of ,congress-- 7i7 a notification of that determination2 and 7ii7 a description of the funding necessary for the applicable #a or more ,centers to continue in operation and fulfill their purpose2 and 7,b7 subject to the availability of funds1 may extend the duration of the applicable #a or more ,centers for such time as the ,administrator determines to be appropriate4 7h7 ,funding 7#a7 ,in general ,of the amounts authorized to be appropriated to the ,department of ,defense for fiscal year #bjbg for the ,strategic ,environmental ,research and ,development ,program and the ,environmental ,security ,technology ,certification ,program of the ,department of ,defense1 #be1jjj1jjj shall be made available to the ,administrator to carry out this section1 to remain available until ,september #cj1 #bjcf4 7#b7 ,administrative costs ,not more than #d percent of the amounts made available to the ,administrator under paragraph 7#a7 shall be used by the ,administrator for the administrative costs of carrying out this section4 #bjb4 ,actions under ,state law for damages from exposure to hazardous substances ,section #cji of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifeh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the subsection heading1 by inserting and statutes of repose after limitations2 7,b7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by inserting of limitations after statutes2 and 7ii7 by inserting statute of after applicable2 7,c7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 ,exception to state statutes of repose ,in the case of any action brought under ,state law for personal injury1 or property damages1 which are caused or contributed to by exposure to any hazardous substance1 or pollutant or contaminant1 released into the environment from a facility1 if the applicable statute of repose period for such action 7as specified in the ,state statute of repose or under common law7 provides a commencement date which is earlier than the federally required commencement date1 such period shall commence at the federally required commencement date in lieu of the date specified in such ,state statute4 2 and 7,e7 in paragraph 7#c7 7as so redesignated7-- 7i7 by striking paragraph 7#a7 and inserting paragraphs 7#a7 and 7#b72 and 7ii7 by inserting or statute of repose after statute of limitations2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by inserting statute of after applicable2 and 7ii7 by inserting statute of after applicable2 7,b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,applicable statute of repose period ,the term applicable statute of repose period means the period specified in a statute of repose during which a civil action referred to in subsection 7a77#b7 may be brought4 2 7,d7 in paragraph 7#d7 7as so redesignated7-- 7i7 by inserting or statute of repose after statute of limitations2 and 7ii7 by striking applicable limitations period and inserting applicable statute of limitations period or applicable statute of repose period1 respectively2 and 7,e7 in paragraph 7#e7 7as so redesignated7-- 7i7 in subparagraph 7,a71 by striking subsection 7a77#a7 and inserting paragraph 7#a7 or 7#b7 of subsection 7a72 and 7ii7 in subparagraph 7,b7-- 7,i7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and indenting appropriately2 7,,ii7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking ,in the case and inserting the following3 7i7 ,minors and incompetents ,in the case 2 and 7,,iii7 by adding at the end the following3 7ii7 ,newly designated hazardous substances ,in the case of a contaminant of emerging concern1 pollutant1 chemical1 waste1 or other substance that is designated as a hazardous substance on or after ,august #a1 #bjbb1 the term federally required commencement date means the latter of-- 7,i7 the date on which that contaminant of emerging concern1 pollutant1 chemical1 waste1 or other substance is designated as a hazardous substance2 and 7,,ii7 the date on which the plaintiff knew 7or reasonably should have known7 that the personal injury or property damages referred to in paragraph 7#a7 or 7#b7 of subsection 7a7 were caused or contributed to by that contaminant of emerging concern1 pollutant1 chemical1 waste1 or other substance4 4 #bjc4 ,bankruptcy provision relating to persistent1 bioaccumulative1 and toxic chemicals defendants and debtors 7a7 ,in general ,title ,,iii of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifea et seq47 is amended by adding at the end the following3 #cac4 ,special provision relating to persistent1 bioaccumulative1 and toxic chemicals defendants and debtors 7a7 ,definitions ,in this section3 7#a7 ,claim2 debtor2 entity2 petition ,the terms claim1 debtor1 entity1 and petition have the meanings given those terms in section #aja of title #aa1 ,united ,states ,code4 7#b7 ,estate ,the term estate means an estate of a debtor described in section #eda of title #aa1 ,united ,states ,code4 7#c7 ,nondebtor entity ,the term nondebtor entity means an entity that is not a debtor or an estate4 7#d7 ,,pbt claim ,the term ,,pbt claim means a claim based on1 arising from1 or attributable to the presence of1 or exposure to-- 7,a7 a perfluoroalkyl or polyfluoroalkyl substance 7as defined in section #b of the ,forever ,chemical ,regulation and ,accountability ,act of #bjbf72 or 7,b7 any chemical substance possessing characteristics of-- 7i7 persistence in the environment1 with a half-life of the chemical substance equal to or greater than-- 7,i7 #b months in water1 sediment1 and soil2 or 7,,ii7 #b days in air2 7ii7 accumulation in biological organisms1 with a bioaccumulation factor of bioconcentration factor equal to or greater than #a1jjj2 and 7iii7 toxicity1 with the potential to adversely affect human health or the environment4 7b7 ,automatic stay ,the filing of a petition does not operate as a stay under section #cfb7;a7 of title #aa1 ,united ,states ,code1 of the commencement or continuation1 including the issuance or employment of process1 of a judicial1 administrative1 or other action or proceeding against a nondebtor entity1 or any act to obtain or recover property of a nondebtor entity1 on account of or with respect to a ,,pbt claim against the nondebtor entity1 the debtor1 or the estate 7including a claim or cause of action against the nondebtor entity that is property of the debtor or the estate74 4 7b7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 this section and the amendment made by this section-- 7,a7 shall take effect on the date of enactment of this ,act2 and 7,b7 shall apply to any case under title #aa1 ,united ,states ,code1 that is-- 7i7 pending as of the date of enactment of this ,act2 or 7ii7 commenced or reopened on or after the date of enactment of this ,act4 7#b7 ,validity of final orders ,nothing in this section1 or the amendment made by this section1 shall affect the validity of any final judgment1 order1 or decree entered before the date of enactment of this ,act4