What does Preamble of Forever Chemical Regulation and Accountability Act of 2026 do?

This bill, formally titled 'To phaseout production of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances, to prohibit releases of all perfluoroalkyl or polyfluoroalkyl substances, and for other purposes,' aims to phase out the production of nonessential uses of perfluoroalkyl or polyfluoroalkyl substances. The bill also seeks to prohibit releases of all perfluoroalkyl or polyfluoroalkyl substances. The bill was introduced by Ms. McCollum and Ms. Morrison.

What does DEFINITIONS. of Forever Chemical Regulation and Accountability Act of 2026 do?

This section defines key terms used throughout the Act related to perfluoroalkyl and polyfluoroalkyl substances (PFAS). The term 'Administrator' refers to the Administrator of the Environmental Protection Agency. “Centers of Excellence” are specifically defined as two designated centers focused on PFAS assessment and remediation. An 'essential use' of a PFAS is defined as a use critical for health, safety, or societal functioning, necessary for a process, and lacking a safer alternative. The definition of 'manufacturer' is broad, encompassing importers, exporters, producers, and processors of PFAS, but excludes certain entities like solid waste management facilities. “Safer alternative” is defined as a use that doesn't require PFAS, demonstrates adequate performance, and doesn't pose an unreasonable risk. A 'user' of PFAS is defined by the Administrator, considering factors like volume used, release risks, and environmental impact. The term 'process' refers to the preparation of PFAS after manufacture for distribution in commerce.

What does AGREEMENT WITH THE NATIONAL ACADEMIES CONCERNING THE of Forever Chemical Regulation and Accountability Act of 2026 do?

This section establishes a process for the National Academies to review and evaluate scientific evidence regarding essential uses of perfluoroalkyl or polyfluoroalkyl substances (PFAS). The Administrator is directed to enter into a 10-year agreement with the National Academies to carry out these duties, with potential for 5-year extensions. The National Academies will review scientific evidence to identify essential uses, criteria for designation, and nonessential uses for phaseout. The review will include analyzing the definition of 'essential use,' assessing PFAS integration into the U.S. economy, and identifying research gaps. The National Academies will determine categories of PFAS uses that can inform regulatory requirements and develop a framework for designating essential uses. The National Academies will assess whether certain PFAS in consumer products pose unreasonable risks and recommend elimination methods. The National Academies must integrate robust community outreach in their reviews and studies. The National Academies will submit initial and subsequent reports to the Administrator and relevant Congressional committees. The Administrator may initiate additional studies with the National Academies to update reviews and address recommendations. If an agreement with the National Academies cannot be reached, the Administrator may enter into an agreement with another qualified scientific organization.

What does MANUFACTURING AND USE PHASEOUT PROGRAM. of Forever Chemical Regulation and Accountability Act of 2026 do?

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What does UNITED STATES PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE of Forever Chemical Regulation and Accountability Act of 2026 do?

This section establishes a policy for the United States regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS), often referred to as 'forever chemicals'. The policy aims to remediate PFAS contamination to levels that do not pose an unreasonable risk to public health and the environment. Destruction and disposal of PFAS are prioritized to eliminate these substances, minimizing environmental release and health risks. The use of PFAS in consumer products should be eliminated. When PFAS use is essential and no safer alternative exists, they should be replaced with less risky chemicals or processes. Federal agencies are directed to eliminate the procurement of products containing PFAS, beginning on the act's enactment date. Agencies may conduct surveys to identify PFAS in procured products and pause or cease procurement until safer alternatives are found. Decisions regarding compliance with this policy and actions taken under the procurement guidelines must be based on the best available science. This section does not affect other duties or obligations under federal law.

What does PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE RELEASE PHASEOUT. of Forever Chemical Regulation and Accountability Act of 2026 do?

This section establishes a phaseout of perfluoroalkyl or polyfluoroalkyl substance (PFAS) releases. Beginning 10 years after enactment, it is unlawful for manufacturers or users to release PFAS above a detection threshold into the environment. The Administrator is required to finalize a rule within 7 years of enactment establishing a PFAS release phaseout schedule, detection methods, and thresholds. The Administrator may update the phaseout schedule. The Administrator may finalize a rule before the 7-year deadline allowing for earlier phaseout or banning of specific PFAS substances. This section does not affect other federal laws.

What does USE FOR RESEARCH. of Forever Chemical Regulation and Accountability Act of 2026 do?

This section allows the Administrator to permit the use and release of certain perfluoroalkyl and polyfluoroalkyl substances (PFAS) for research purposes, provided it doesn't pose unreasonable risks. Manufacturers or users with remaining PFAS stocks may enter into agreements with the Administrator or accredited research entities to make those stocks available for research. The Administrator can only enter into agreements if the actions directly contribute to the policy described in section 103(a). This section does not affect existing obligations related to PFAS removal, disposal, or destruction. It is unlawful to develop or produce PFAS solely for activities authorized under this section unless the Administrator deems it necessary to comply with the policy in section 103(a).

What does INSPECTIONS, MONITORING, AND ENTRY. of Forever Chemical Regulation and Accountability Act of 2026 do?

This section outlines the Administrator's authority to inspect, monitor, and enter premises to determine compliance with the title. The Administrator can require manufacturers, users, and related parties to install monitoring equipment, use audit procedures, sample releases, keep records, and provide information. These requirements can be implemented on a one-time, periodic, or continuous basis. The Administrator has the right to access and copy records, inspect monitoring equipment, and sample releases upon presentation of credentials. Records, reports, and information obtained are subject to public availability, with exceptions outlined in section 14 of the Toxic Substances Control Act. The Administrator may require records of 'control equipment parameters, production variables, or other equivalent indirect data' when direct monitoring is impractical.

What does ENFORCEMENT. of Forever Chemical Regulation and Accountability Act of 2026 do?

This section outlines enforcement mechanisms for violations of the title. The Administrator can issue compliance orders, including civil penalties and requirements for compliance, or commence civil actions. Before issuing an order or commencing an action, the Administrator must provide notice to the relevant state. Orders may include suspension or revocation of authorizations for perfluoroalkyl or polyfluoroalkyl substances. Civil penalties are assessed considering factors like the seriousness of the violation, compliance history, business size, and economic impact. The Administrator retains discretion to exercise enforcement discretion and consider supplemental environmental projects. Failure to comply with a compliance order can result in daily civil penalties. Reckless violations of material conditions or requirements may lead to fines and/or imprisonment. The Administrator must carry out this title in accordance with several existing environmental laws, including the Clean Air Act and the Toxic Substances Control Act.

What does CITIZEN SUITS. of Forever Chemical Regulation and Accountability Act of 2026 do?

This section authorizes citizen suits against manufacturers or users alleged to violate standards, regulations, or orders under the title. Citizen suits may also be brought against entities using perfluoroalkyl or polyfluoroalkyl substances posing an imminent and substantial endangerment. Actions against the Administrator are authorized if the Administrator fails to perform a required act or duty. Jurisdiction for violation and endangerment claims is in the district court where the violation or endangerment occurred. Actions require a 60-day notice to the Administrator and the State for violations, and a 90-day notice for endangerment claims. Suits are barred if the Administrator or a State is already diligently prosecuting a related action. Intervention as a matter of right is permitted in citizen suits. A court may award attorney and expert witness fees to a prevailing or substantially prevailing party. A bond may be required when seeking a temporary restraining order or preliminary injunction.