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
II Other matters with respect to perfluoroalkyl or polyfluoroalkyl substances
Section 309 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9658) is amended—
(1) in subsection (a)—
(A) in the subsection heading, by inserting and statutes of repose after limitations;
(B) in paragraph (1)—
(i) in the paragraph heading, by inserting of limitations after statutes; and
(ii) by inserting statute of after applicable;
(C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
(2) Exception to state statutes of repose. In the case of any action brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility, if the applicable statute of repose period for such action (as specified in the State statute of repose or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall commence at the federally required commencement date in lieu of the date specified in such State statute.
; and
(E) in paragraph (3) (as so redesignated)—
(i) by striking paragraph (1) and inserting paragraphs (1) and (2); and
(ii) by inserting or statute of repose after statute of limitations; and
(2) in subsection (b)—
(A) in paragraph (2)—
(i) in the paragraph heading, by inserting statute of after applicable; and
(ii) by inserting statute of after applicable;
(B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
(3) 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 (a)(2) may be brought.
(D) in paragraph (4) (as so redesignated)—
(i) by inserting or statute of repose after statute of limitations; and
(ii) by striking applicable limitations period and inserting applicable statute of limitations period or applicable statute of repose period, respectively; and
(E) in paragraph (5) (as so redesignated)—
(i) in subparagraph (A), by striking subsection (a)(1) and inserting paragraph (1) or (2) of subsection (a); and
(ii) in subparagraph (B)—
(I) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
(II) in the matter preceding subclause (I) (as so redesignated), by striking In the case and inserting the following:
(i) Minors and incompetents. In the case
; and
(III) by adding at the end the following:
(ii) Newly designated hazardous substances. In the case of a contaminant of emerging concern, pollutant, chemical, waste, or other substance that is designated as a hazardous substance on or after August 1, 2022, the term federally required commencement date means the latter of—
(I) the date on which that contaminant of emerging concern, pollutant, chemical, waste, or other substance is designated as a hazardous substance; and
(II) the date on which the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in paragraph (1) or (2) of subsection (a) were caused or contributed to by that contaminant of emerging concern, pollutant, chemical, waste, or other substance.