H.R. 8016
Forever Chemical Regulation and Accountability Act of 2026
Official summary
Written by the Congressional Research Service.
Forever Chemical Regulation and Accountability Act of 2026
This bill phases out the release and nonessential use of perfluoroalkyl or polyfluoroalkyl substances (PFAS) and addresses PFAS research, remediation, regulation, and enforcement.
The Environmental Protection Agency (EPA) must require each manufacturer and user of PFAS to submit annual reports that include specified information about the essential (e.g., critical for health or safety reasons) and nonessential uses of PFAS by such entities. Not later than 10 years after the enactment of this bill, manufacturers and users must fully phase out nonessential uses of PFAS.
The bill also
- establishes specified deadlines to phase out the sale of certain products containing PFAS;
- requires federal agencies, to the maximum extent practicable, to eliminate the procurement of products known to contain PFAS;
- imposes a 10-year phaseout of the release of PFAS above a certain threshold of detection;
- provides enforcement authority to the EPA regarding violations of the requirements of the bill, including through civil and criminal penalties;
- allows citizen suits against manufacturers and users of PFAS and the EPA; and
- addresses actions under state law related to damages from exposure to hazardous substances, including with regard to statutes of repose.
The bill exempts from a bankruptcy petition’s automatic stay any proceeding against a non-debtor entity (e.g., a proceeding to obtain property from a non-debtor) with respect to a PBT claim (a claim relating to persistent, bioaccumulative, and toxic chemicals) against the non-debtor entity, the debtor, or the estate.
Text of the bill
I Phaseout of nonessential perfluoroalkyl and polyfluoroalkyl substances and all releases
(a) Authority of the Administrator. Notwithstanding any other provision of this title, 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 environment, without consideration of costs or other nonrisk factors, 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—
(1) to restrain that manufacturer or user from that use;
(2) to order that manufacturer or user to take such other action as may be necessary; or
(3) for the purposes described in paragraphs (1) and (2).
(b) Violations. A manufacturer or user who willfully violates, or fails or refuses to comply with, any order of the Administrator under subsection (a) may, in an action brought in the appropriate United States district court to enforce that order, 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 continues.
(c) 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 environment, the Administrator shall require the violating manufacturer or user, at cost to the violating manufacturer or user—
(1) to provide immediate and public notice, within an estimated radius of impact as determined appropriate by the Administrator, to—
(A) the appropriate local government agencies and public services, including impacted utilities, including drinking water treatment plants, and public health, law enforcement, and environmental protection officials; and
(B) the community in which the endangerment is occurring, including publicly accessible areas of community congregation, including community recreation and health centers, public libraries, public schools, government offices, online message boards, listservs, and social media used by members of that community, and not-for-profit community services;
(2) to require—
(A) immediate and public notice to impacted members of the community that is provided across communication media and is easily accessible; and
(B) public meetings, in partnership with the Administrator and local authorities and leaders, for direct community engagement to provide health, safety, and additional information to the community and to field questions and concerns; and
(3) to provide regular updates with respect to the endangerment in accordance with the methods described in paragraphs (1) and (2).
II Other matters with respect to perfluoroalkyl or polyfluoroalkyl substances