H.R. 8016 — Forever Chemical Regulation and Accountability Act of 2026

This section directs the EPA Administrator, not later than 60 days after enactment and in consultation with relevant federal agencies, to enter into a 10-year agreement (extendable in 5-year increments) with the National Academies of Sciences, Engineering, and Medicine to review scientific evidence on essential uses of perfluoroalkyl or polyfluoroalkyl substances (PFAS), criteria for designating such uses, and nonessential uses to prioritize for phaseout. The National Academies' review must (1) analyze the statutory definition of essential use as applied to PFAS and assess PFAS integration across U.S. society and economy; (2) identify research gaps, including mitigation strategies and safer alternatives; (3) recommend federal research and development activities and coordination with state, local, Tribal, and nongovernmental entities to minimize health, safety, and environmental risks; and (4) develop a framework for essential use designations under the bill, including integration of authoritative reviews on PFAS health effects and evaluations of PFAS risks in consumer products. The initial review must conclude not later than 3 years after it begins; requires robust community engagement, full federal agency cooperation, and recommendations for additional studies to address scientific uncertainties; and mandates an initial report to the EPA Administrator and relevant congressional committees not later than 1 year after enactment.

This section establishes a nationwide phaseout program for per- and polyfluoroalkyl substances (PFAS), including annual monitoring and reporting requirements and mandated phaseouts of nonessential uses. It directs the EPA Administrator to issue a final rule within three years of enactment requiring each PFAS manufacturer and user to submit annual reports—beginning 18 months after rule publication—detailing essential and nonessential uses, volumes and concentrations used, safer alternatives, environmental releases, federally required uses, byproducts, health and environmental effects, worker exposures, disposal methods, and other information specified by the Administrator. Within 180 days of receipt, the Administrator must publish each report for at least 90 days of public comment and review, conduct data quality and scientific integrity reviews, and apply confidential business information protections under TSCA section 14 (15 U.S.C. 2613); reporting ceases upon written notice of permanent discontinuation of all PFAS use (subject to a final report if use resumes within one year), with public notice of such cessations. It further requires manufacturers and users to complete a full phaseout of nonessential PFAS uses within 10 years of enactment and to submit phaseout plans within three years of enactment.

This section establishes U.S. policy on perfluoroalkyl or polyfluoroalkyl substances (PFAS, also known as "forever chemicals") requiring, to the maximum extent practicable: (1) remediation of environmental contamination to levels posing no unreasonable risk to public health or the environment; (2) prioritization of PFAS destruction and disposal in remediation strategies to minimize environmental release and health risks; (3) elimination of PFAS use in consumer products; and (4) replacement of essential PFAS uses with safer alternatives that reduce overall health and environmental risks. The section further directs federal agency heads, beginning on the date of enactment and in coordination with the EPA Administrator and Administrator of General Services, to eliminate procurement of products known to contain PFAS to the maximum extent practicable—including through product surveys and pausing or ceasing procurement of unverified products within a reasonable timeline—and requires such actions to be based on the best available science. A savings provision clarifies that the section does not affect other federal duties or obligations.

This section prohibits, beginning 10 years after enactment of this Act, any manufacturer or user from releasing perfluoroalkyl or polyfluoroalkyl substances (PFAS)—persistent synthetic chemicals used in products such as nonstick coatings and firefighting foams—above the threshold of detection of an EPA-validated method in a manner that permits entry into the environment. It requires the EPA Administrator to finalize, not later than 7 years after enactment and after notice and public comment, a rule establishing (1) a phaseout schedule for such releases by the 10-year date and (2) applicable detection methods and thresholds; the Administrator may update that schedule or, beforehand, issue rules for earlier phaseouts or bans of specific PFAS, mixtures, or subclasses. This section includes a savings clause preserving other federal law duties and obligations.

This section authorizes the EPA Administrator to permit the use and detectable release of specified perfluoroalkyl or polyfluoroalkyl substances (PFAS) for research, development, testing, and similar purposes if they pose no unreasonable risk to human health or the environment and the activities support the policy in section 103(a). It allows manufacturers or users holding remaining PFAS stocks after manufacturing or use cessation to enter agreements with the Administrator, accredited research consortia (including centers of excellence), Department of Energy national laboratories, institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or other entities designated by the Administrator to make those stocks available for such purposes, provided the Administrator determines the activities advance section 103(a)'s policy. Such agreements do not alter obligations for PFAS removal, disposal, or destruction under applicable law. This section prohibits developing or producing PFAS solely for these research purposes unless the Administrator determines it necessary to achieve section 103(a)'s policy.

This section authorizes the EPA Administrator, to determine compliance with this title, to require manufacturers, users, equipment manufacturers, other persons with relevant information, or persons subject to this title to (1) install, use, and maintain monitoring equipment and audit procedures; (2) sample releases; (3) keep records on control equipment, production variables, or equivalent data; (4) provide other required information; and (5) submit records and reports within 30 days of request. It grants the Administrator rights of entry to relevant premises, access to and copying of records, inspection of monitoring equipment and methods, and sampling of required releases at reasonable times. This section requires the Administrator to make available to the public, as soon as reasonably practicable and subject to TSCA confidentiality protections (15 U.S.C. 2613), any records, reports, or information obtained under these authorities.

This section authorizes the EPA Administrator to enforce title requirements by issuing compliance orders—after notice to the affected state—assessing civil penalties to remove any economic benefit from past or current violations, requiring compliance (immediately or within a specified time), suspending or revoking authorized perfluoroalkyl or polyfluoroalkyl substance (PFAS) uses, or any combination thereof; or by commencing civil actions for injunctive relief in federal district court. In assessing penalties, the Administrator must consider factors such as violation seriousness, the violator's compliance history and good faith efforts, business size and economic impacts, violation duration, prior penalties, economic benefits gained, and cumulative environmental effects (while retaining existing enforcement discretion). It imposes additional daily civil penalties for noncompliance with such orders and criminal penalties for reckless violations, including fines to remove economic benefits (per day of violation) and/or imprisonment for up to five years. It requires enforcement to align with major environmental statutes (i.e., Clean Air Act, Toxic Substances Control Act, Federal Water Pollution Control Act, Marine Protection, Research, and Sanctuaries Act, Safe Drinking Water Act, and Resource Conservation and Recovery Act).

This section authorizes any person to commence a civil action against (1) manufacturers or users (including federal and state entities, to the extent permitted by the 11th Amendment) alleged to violate any standard, regulation, condition, requirement, prohibition, schedule, deadline, or order under this title; (2) such manufacturers or users alleged to use a per- or polyfluoroalkyl substance (PFAS) presenting an imminent and substantial endangerment to human health or the environment; or (3) the Administrator for failing to perform any nondiscretionary act or duty under this title. District courts where the violation or endangerment occurred (or the U.S. District Court for the District of Columbia for suits against the Administrator) have jurisdiction to enforce compliance, abate endangerments, order necessary actions, or apply civil remedies under this title. Suits under (1) require 60 days' notice to the Administrator, state, and violator (immediate suit allowed in some cases) and are barred if the Administrator or state is diligently prosecuting; suits under (2) require 90 days' notice and are barred if the Administrator is diligently acting under applicable law; suits under (3) require 60 days' notice to the Administrator; intervention is a matter of right in federal suits under (1) or (2); and suits under (2) require notice to the Attorney General. Courts may award litigation costs, including reasonable attorney and expert witness fees, in final orders.

This section authorizes the EPA Administrator, notwithstanding other title provisions and without considering costs, to issue orders or bring suit against PFAS manufacturers or users determined to present an imminent and unreasonable risk of serious or widespread injury to public health or the environment (1) to restrain such use, (2) to require necessary other actions, or (3) both. It establishes fines, determined by the Administrator to remove any economic benefit of noncompliance for each day of willful violation or failure to comply with such an order. It further requires a violating manufacturer or user, at its cost and upon Administrator determination of imminent substantial endangerment from a PFAS, to provide immediate public notice to local agencies and the affected community (e.g., via media, public postings, online platforms); hold public meetings in partnership with the Administrator and local authorities for community engagement; and issue regular updates.

This section defines covered federal agencies as those with jurisdiction over PFAS (perfluoroalkyl or polyfluoroalkyl substance) manufacturing facilities or engaged in activities involving PFAS treatment, disposal, or environmental release. It requires covered agencies to comply with all Federal, State, interstate, and local PFAS laws—including substantive and procedural requirements, administrative orders, and civil or administrative penalties or fines (punitive or coercive, for isolated, intermittent, or continuing violations)—in the same manner as any nongovernmental person, including payment of reasonable service charges (i.e., enforcement, compliance, investigation fees, or other nondiscriminatory PFAS program charges). It expressly waives U.S. sovereign immunity for such requirements, including injunctive relief, administrative orders, and penalties; bars exemptions from court processes or sanctions; shields federal agents, employees, or officers from personal civil liability for official acts or omissions; subjects such individuals (but not agencies) to criminal sanctions; and authorizes the President, in consultation with the EPA Administrator, to exempt executive branch agencies for national security reasons for up to one year (renewable annually), with annual reports to Congress by January 31 describing exemptions granted, public notice requirements (waivable for national security), and a prohibition on exemptions due to lack of appropriations. (Thus, federal agencies operating PFAS facilities or activities generally face the same regulatory obligations, fees, and penalties as private entities.)

This section establishes judicial review procedures for actions by the Administrator under this title. Specifically, it (1) limits review of final regulations or denials of petitions for rulemaking to the U.S. Court of Appeals for the D.C. Circuit, generally within 90 days of the action (with an exception for grounds arising afterward), and bars later judicial review in enforcement proceedings if the deadline is missed; (2) allows courts to remand notice-and-comment determinations for additional evidence, after which the Administrator may revise findings and recommend changes; (3) permits review of other Administrator actions (e.g., issuances, denials) in the relevant U.S. court of appeals within 90 days (with an exception), conducted under the Administrative Procedure Act (chapter 7 of title 5, U.S. Code), with the same bar on later enforcement review; (4) preserves all statutory and common law rights to enforce the title or seek relief; and (5) does not restrict state, local, or interstate authorities from pursuing enforcement or remedies in state or local courts regarding the manufacture or release of per- and polyfluoroalkyl substances (PFAS).

This section authorizes the Administrator to promulgate regulations necessary to carry out this title, consistent with the policy described in section 103(a). It requires that any rulemaking under this title requiring notice and opportunity for public comment be conducted in accordance with section 553 of title 5, United States Code (i.e., the Administrative Procedure Act's procedures for general notice in the Federal Register, public comment, and delayed effective dates for substantive rules).

This section authorizes appropriations to the Administrator as necessary to carry out this title, except for section 101(i), for FY2027 through FY2036. The section further directs the Administrator to (1) complete a workload assessment analysis of implementation costs within 180 days of enactment; (2) issue a rulemaking within one year thereafter, including at least 90 days of public comment, to establish annual report fees for PFAS reporting under section 102(a)(2) and petition fees for PFAS use designations under section 102(c)—considering PFAS usage volumes, toxicological risks, and administrative costs, with possible reductions for small manufacturers and separate fees per use requested in petitions; (3) finalize those fees by two years after enactment, or impose defaults of $100,000 per report or petition (lower possible for small manufacturers) if delayed; (4) adjust fees for inflation every three years; and (5) waive petition fees for petitions from federal agencies.

This section establishes a severability clause for this title, providing that if any provision or its application to any person or circumstance is held unconstitutional, the remainder of the title and the provision's application to other persons or circumstances shall not be affected.

This section prohibits states and political subdivisions from imposing, on the effective date of implementing regulations, any requirement less stringent than those under this title for the same regulated matters, with an exception allowing less stringent state requirements if federal requirements are postponed or enjoined by court until the federal requirements take effect. It also permits states and political subdivisions to impose more stringent requirements.

This section establishes two Centers of Excellence to advance per- and polyfluoroalkyl substance (PFAS) detection and remediation science, research, and technologies in water sources. Specifically, the EPA Administrator must (1) select an eligible research university (i.e., an institution of higher education as defined in 20 U.S.C. 1001(a) with annual research expenditures of at least $750 million located near a population center of at least 5 million individuals) and National Laboratory applying jointly to establish the Center of Excellence for Assessing PFAS in Water Sources and PFAS Remediation Solutions as a bi-institutional collaboration; and (2) select an eligible rural university (i.e., an institution of higher education located in a State described in 38 U.S.C. 1703(d)(1)(C)(iii)(I) and a member of the National Security Innovation Network in the Rocky Mountain Region) to establish the Rural Center of Excellence for Assessing PFAS in Water Sources and PFAS Remediation Solutions. The Administrator must evaluate applications based on criteria including evidence of existing partnerships, research collaboration history, student training capacity, commercialization potential, and relevant staff expertise.

This section revises CERCLA's preemption of state statutes of limitations—which requires state limitations periods for personal injury or property damages from hazardous substance exposure to commence no earlier than the date the plaintiff knew (or reasonably should have known) the injury was caused by such exposure (i.e., the discovery rule), superseding stricter state rules—to also preempt state statutes of repose on the same terms. (As background, statutes of repose typically run from an event such as construction or sale, regardless of discovery or injury, and generally cannot be tolled.) The section further revises the definition of federally required commencement date to provide, for contaminants of emerging concern, pollutants, chemicals, wastes, or other substances designated as hazardous on or after August 1, 2022, that such date is the later of the designation date or the date the plaintiff knew (or reasonably should have known) of the requisite causation. (Thus, for such newly designated substances, the limitations or repose period cannot commence before federal designation.)

This section adds a new section 313 to Title III of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to define "PBT claim" (i.e., a claim based on exposure to per- and polyfluoroalkyl substances or chemicals with specified persistence—half-life of at least two months in water, sediment, or soil or two days in air—bioaccumulation factor of 1,000 or greater, and toxicity) and other terms (incorporating definitions of claim, debtor, entity, petition, and estate from the Bankruptcy Code). It provides that the automatic stay upon filing a bankruptcy petition (11 U.S.C. §362(a)) does not apply to judicial, administrative, or other actions or proceedings against a nondebtor entity—or to obtain property of such entity—with respect to a PBT claim against the nondebtor entity, debtor, or estate (including claims that are estate property). (Thus, such actions may proceed notwithstanding a related bankruptcy filing.) The provision applies to cases pending or commenced or reopened on or after enactment and does not affect final judgments entered prior to enactment.