Congresswoman McCollum & Senator Durbin Reintroduce Forever Chemical Regulation and Accountability Act to Regulate and Mitigate Toxic PFAS

WASHINGTON, D.C. - Congresswoman Betty McCollum (D, MN-04) and Senate Minority Whip Dick Durbin (D-IL) today reintroduced the Forever Chemical Regulation and Accountability Act bicameral legislation to address the use of per- and polyfluoroalkyl substances (PFAS) in the domestic supply chain. The use of PFAS, commonly known as "forever chemicals," has severely contaminated water sources and their surrounding environments across the United States.

"Minnesotans know all too well the threat that PFAS contamination poses to the health and safety of our communities. I'm proud to partner with Senator Durbin to reintroduce our legislation which will set a ten-year national deadline to eliminate PFAS wherever possible," said McCollum. "This legislation builds on the leadership of Minnesota's elected officials, who passed Amara's Law to protect the health of our residents and confront environmental contamination through a ban on non-essential uses of PFAS. Our legislation would establish a federal ban, while also investing in research and ensuring thoughtful, science-backed safeguards that keep people safe and healthy. Reintroducing this legislation is the first step towards ensuring that communities across America have access to the clean and safe drinking water they deserve."

"Protecting our environment and Americans from toxic hazards like PFAS is a matter of public health-especially when PFAS is commonly used in household products and can be found in our water systems," said Durbin. "With the Forever Chemical Regulation and Accountability Act, we can work toward phasing out the unnecessary uses of PFAS, protecting consumers and our environment from the hazards of these chemicals."

PFAS are a class of chemicals that are highly toxic and can even be harmful at low doses. They are considered "forever chemicals" as they do not break down easily and can accumulate in people, food, and the environment. Exposure in people can occur by consuming PFAS-contaminated water or food or by using products that contain PFAS such as food packaging or non-stick cooking surfaces. Despite preliminary evidence showing the chemicals' toxicity as early as the 1960s, these dangers were not publicly known until the late 1990s. It is estimated 99 percent of Americans have PFAS in their blood. PFAS have been linked to serious illnesses, including several types of cancer, birth defects, and thyroid disease.

The Forever Chemical Regulation and Accountability Act would:

1. Initiate a National Academies of Sciences, Engineering, and Medicine study to review the persistence, bioaccumulation, and human health risks of PFAS. The Academies would also identify current PFAS uses and provide guidance on classification of essential or non-essential uses, which will be used by the U.S. Environmental Protection Agency (EPA) to require those designated "non-essential" be phased out;
2. Require all PFAS manufacturers and users to file reports with EPA to disclose certain information relating to PFAS, and require manufacturers and users to submit a phase-out schedule of their products to be completed within 10 years;
3. Direct EPA to facilitate phasing out non-essential PFAS production, consumption, and possession and prohibit manufacturers and commercial users from releasing any PFAS into the environment within 10 years;
4. Establish deadlines for manufacturers to remove PFAS from certain consumer goods such as rugs, furniture, and child products;
5. Reinforce that, to the maximum extent possible, PFAS should be eliminated from products or replaced by substitutes that reduce risk to human health and the environment. The bill also would direct federal agencies to maximize resources to achieve this goal;
6. Establish regional PFAS rapid response hubs to advance PFAS replacement and remediation;
7. Require EPA to collect fees to administer the reporting and petition processes;
8. Prevent large corporations from exploiting bankruptcy procedures to avoid persistent, bioaccumulative, and toxic chemicals, claims, ensuring that individuals who have been harmed by such chemicals can have their day in court; and
9. Update the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to toll state statutes of limitations and statutes of repose for newly-designated hazardous substances, such as PFAS, until the later of the date on which it was designated as a hazardous substance or when the plaintiff knew or reasonably should have known their injury was caused by the substance.

The full text of the bill can be found here. A fact sheet on the bill can be found here. A section by section summary can be found here.