Forever Chemical Regulation and Accountability Act of 2026

In this Act:

(1) Administrator. The term Administrator means the Administrator of the Environmental Protection Agency.

(2) Centers of Excellence. The term Centers of Excellence means—

(A) the Center of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions established under section 201(c)(1)(A); and

(B) the Rural Center of Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions established under section 201(c)(1)(B).

(3) Essential use. The term essential use, with respect to a perfluoroalkyl or polyfluoroalkyl substance, means a use of the perfluoroalkyl or polyfluoroalkyl substance that is designated under section 102(c), as reflected under a review or recommendation under any applicable report under section 101(h) (including a subsequent report), as being an essential use because the use of the perfluoroalkyl or polyfluoroalkyl substance in an item or process is—

(A) critical for the health, safety, or functioning of society;

(B) necessary for the item or process to function; and

(C) a use for which a safer alternative is not available.

(4) Manufacturer

(A) In general. The term manufacturer means any person who—

(i) imports into the United States, a territory of the United States, or a Freely Associated State a perfluoroalkyl or polyfluoroalkyl substance;

(ii) exports from the United States, a territory of the United States, or a Freely Associated State a perfluoroalkyl or polyfluoroalkyl substance;

(iii) produces a perfluoroalkyl or polyfluoroalkyl substance;

(iv) manufactures a perfluoroalkyl or polyfluoroalkyl substance; or

(v) processes a perfluoroalkyl or polyfluoroalkyl substance.

(B) Inclusions. The term manufacturer includes importers and exporters of products that are known to contain perfluoroalkyl or polyfluoroalkyl substances.

(C) Exclusion. The term manufacturer does not include an entity that neither manufactures nor uses perfluoroalkyl or polyfluoroalkyl substances, but receives perfluoroalkyl or polyfluoroalkyl substances in the normal course of operations of the entity, including a solid waste management facility, a composting facility, a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), and a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)).

(5) National Academies. The term National Academies means the National Academies of Sciences, Engineering, and Medicine.

(6) Nonessential use. The term nonessential use means a use of a perfluoroalkyl or polyfluoroalkyl substance that is not an essential use.

(7) Perfluoroalkyl or polyfluoroalkyl substance. The term perfluoroalkyl or polyfluoroalkyl substance means a substance that is a perfluoroalkyl substance or a polyfluoroalkyl substance (as those terms are defined in section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C. 8931(2)(B))), including a mixture of those substances.

(8) Process. The term process, with respect to a perfluoroalkyl or polyfluoroalkyl substance, means the preparation of the perfluoroalkyl or polyfluoroalkyl substance, including preparation that includes the mixture of multiple perfluoroalkyl or polyfluoroalkyl substances, after the manufacture of that perfluoroalkyl or polyfluoroalkyl substance for distribution in commerce—

(A) in the same form or physical state as, or in a different form or physical state from, that in which the perfluoroalkyl or polyfluoroalkyl substance was received by the person so preparing the perfluoroalkyl or polyfluoroalkyl substance; or

(B) as part of an article containing the perfluoroalkyl or polyfluoroalkyl substance.

(9) Safer alternative. The term safer alternative, with respect to the use of a perfluoroalkyl or polyfluoroalkyl substance, means a use that—

(A) does not require the use of a perfluoroalkyl or polyfluoroalkyl substance to achieve the intended function;

(B) demonstrates adequate performance for the intended use;

(C) does not pose an unreasonable chronic or acute risk to the environment or public health as compared to the substance being replaced, including any harm that may result from persistence, bioaccumulation, and toxicity in any environment or human system, either by itself or cumulatively with other substances that cause similar harms; and

(D) has other risk characteristics that the Administrator determines appropriate, in consultation with the heads of relevant Federal agencies and stakeholders as the Administrator determines to be appropriate.

(10) State. The term State means—

(A) each State;

(B) a territory of the United States;

(C) a Freely Associated State;

(D) an Indian Tribe included on the list most recently published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131); and

(E) the District of Columbia.

(11) User

(A) In general. Subject to subparagraphs (B) and (C), the term user, with respect to a perfluoroalkyl or polyfluoroalkyl substance, has the meaning given the term by the Administrator.

(B) Considerations. In determining the definition of the term user under subparagraph (A), the Administrator shall consider—

(i) the volume of a perfluoroalkyl or polyfluoroalkyl substance used by an entity;

(ii) risks associated with releases of or exposure to a perfluoroalkyl or polyfluoroalkyl substance as a result of actions of an entity, including—

(I) toxicity;

(II) bioaccumulative properties;

(III) persistence in the environment;

(IV) interactions with other perfluoroalkyl or polyfluoroalkyl substances and other toxic chemicals;

(V) contamination and pollution burden of impacted communities; and

(VI) associated human health effects;

(iii) past or possible future releases of a perfluoroalkyl or polyfluoroalkyl substance into the environment by an entity; and

(iv) the use and fate of a perfluoroalkyl or polyfluoroalkyl substance used by an entity.

(C) Exclusion. The term user does not include an entity that neither manufactures nor uses perfluoroalkyl or polyfluoroalkyl substances, but receives perfluoroalkyl or polyfluoroalkyl substances in the normal course of operations of the entity, including a solid waste management facility, a composting facility, a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)), and a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)).