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) In general. Beginning on the date that is 10 years after the date of enactment of this Act, 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 environment.
(b) Rulemaking required
(1) In general. Not later than 7 years after the date of enactment of this Act and after a period of notice and opportunity for public comment, the Administrator shall finalize a rule that—
(A) establishes a schedule for the phaseout of the releases above the threshold of detection described in subsection (a) by the date described in that subsection; and
(B) establishes applicable detection methods and relevant thresholds.
(2) Update. The Administrator may update, in whole or in part, the schedule required under subparagraph (A) of paragraph (1) in accordance with that paragraph.
(3) Early adoption. The Administrator may, in accordance with the policy described in section 103(a) and after a period of notice and opportunity for public comment, finalize a rule before the rule required under paragraph (1) that—
(A) establishes a schedule for the phaseout or banning of releases of individual perfluoroalkyl or polyfluoroalkyl substances, mixtures of perfluoroalkyl or polyfluoroalkyl substances, or subclasses of perfluoroalkyl or polyfluoroalkyl substances above the threshold of detection described in subsection (a) by the date described in that subsection; and
(B) establishes applicable detection methods and relevant thresholds.
(c) Savings provision. Nothing in this section affects any other duty or obligation under any other Federal law.
II Other matters with respect to perfluoroalkyl or polyfluoroalkyl substances