I 
117TH CONGRESS 
2D SESSION 
H. R. 6591 
To require the Administrator of the Environmental Protection Agency to 
publish a rule that establishes standards for the flushability of disposable 
nonwoven wipes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2022 
Mrs. MCCLAIN (for herself and Mr. LOWENTHAL) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To require the Administrator of the Environmental Protec-
tion Agency to publish a rule that establishes standards 
for the flushability of disposable nonwoven wipes, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Infrastruc-
ture and Promoting Environmental Stewardship Act’’ or 
the ‘‘PIPES Act’’. 
VerDate Sep 11 2014 
21:43 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6591.IH
H6591
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. FLUSHABILITY OF DISPOSABLE NONWOVEN PROD-
UCTS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this section, the Administrator of the 
Environmental Protection Agency shall publish a rule in 
the Federal Register that— 
(1) establishes standards for flushability with 
respect to disposable nonwoven products, based on— 
(A) the criteria set forth in the document 
entitled ‘‘Publicly Available Specification (PAS) 
1: 2020 Criteria for Recognition as a Flushable 
Product’’, published by the International Water 
Services Flushability Group and dated Decem-
ber 2020 (or any appropriate successor criteria, 
as determined by the Administrator), and any 
relevant voluntary consensus standards, or 
other standards, determined appropriate by the 
Administrator; and 
(B) consideration of— 
(i) the environmental impact of flush-
ing the product, based on the composition 
of the materials in the product; 
(ii) the toilet and drain clearance abil-
ity of the product; 
(iii) the disintegration of the product; 
VerDate Sep 11 2014 
21:43 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6591.IH
H6591
pbinns on DSKJLVW7X2PROD with BILLS
(iv) how the product settles in the 
waste system; and 
(v) the biodegradation of the product; 
and 
(2) establishes a process to assess whether a 
disposable nonwoven product conforms to the stand-
ards established under paragraph (1), including a 
requirement that in order for a disposable nonwoven 
product to be designated or marked ‘‘flushable’’ or 
‘‘sewer and septic safe’’, or with any other represen-
tation that depicts the disposable nonwoven product 
as suitable for toilet disposal, the manufacturer of 
the disposable nonwoven product shall— 
(A) submit to the Administrator— 
(i) documentation demonstrating that 
the disposable nonwoven product conforms 
to such standards; and 
(ii) a fee in an amount determined ap-
propriate by the Administrator to cover the 
costs of administering this section; and 
(B) make public the documentation sub-
mitted pursuant to subparagraph (A)(i). 
(b) PRODUCT DESIGNATION OR MARKING.—Begin-
ning on the effective date of the rule published under sub-
section (a), a covered entity may use the terms ‘‘flushable’’ 
VerDate Sep 11 2014 
21:43 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6591.IH
H6591
pbinns on DSKJLVW7X2PROD with BILLS
or ‘‘sewer and septic safe’’, or any other representation 
that depicts a disposable nonwoven product as suitable for 
toilet disposal, to designate or mark a disposable 
nonwoven product only if— 
(1) the disposable nonwoven product conforms 
to the standards established under subsection (a)(1); 
and 
(2) 
the 
manufacturer 
of 
the 
disposable 
nonwoven product is in compliance with the process 
established under subsection (a)(2) with respect to 
the disposable nonwoven product. 
(c) COMPLIANCE.— 
(1) IN GENERAL.—The Administrator may, in 
consultation with the Federal Trade Commission, 
develop a process to determine whether a covered en-
tity is in compliance with this section, which may in-
clude— 
(A) a requirement to submit a third-party 
verification that a disposable nonwoven product 
conforms to the standards established under 
subsection (a)(1) if the Administrator deter-
mines that the documentation submitted pursu-
ant to subsection (a)(2) is insufficient, or fur-
ther information is otherwise necessary, to 
verify such compliance; and 
VerDate Sep 11 2014 
21:43 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6591.IH
H6591
pbinns on DSKJLVW7X2PROD with BILLS
(B) a requirement to submit to the Admin-
istrator, upon request, such other information 
as the Administrator determines necessary to 
determine such compliance. 
(2) CIVIL REMEDIES.— 
(A) MONETARY
CIVIL
PENALTIES.—The 
Administrator shall impose a monetary civil 
penalty on any covered entity that violates sub-
section (b) in an amount that does not exceed— 
(i) $25,000 for each day a disposable 
nonwoven product designated or marked by 
the covered entity in violation of such sub-
section is for sale at retail; and 
(ii) $500,000 for a single such viola-
tion. 
(B) ORDERS; INJUNCTIVE
RELIEF.—The 
Administrator may, with respect to any covered 
entity that violates subsection (b), issue an 
order to comply, or bring an action in an appro-
priate United States district court for appro-
priate injunctive relief. 
(d) WEBSITE.—Not later than 1 year after the date 
of enactment of this section, the Administrator shall— 
VerDate Sep 11 2014 
21:43 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6591.IH
H6591
pbinns on DSKJLVW7X2PROD with BILLS
(1) publish a website to educate the public 
about the proper use and disposal of disposable 
nonwoven products, including— 
(A) the effects of flushing nonflushable 
wipes; and 
(B) the requirements of this section; and 
(2) establish a quick response code to advertise 
such website. 
(e) FUNDING.—There is authorized to be appro-
priated to the Administrator— 
(1) to carry out subsection (a), such sums as 
may be necessary; and 
(2) to administer this section, an amount equal 
to any amounts collected by the Administrator pur-
suant to this section. 
(f) REPORT.—Not later than 5 years after the effec-
tive date of the rule published under subsection (a), the 
Administrator shall submit to Congress a report on the 
implementation of this section, which may include rec-
ommendations for any changes necessary to improve such 
implementation. 
(g) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
VerDate Sep 11 2014 
21:43 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6591.IH
H6591
pbinns on DSKJLVW7X2PROD with BILLS
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’ means a manufacturer, wholesaler, supplier, or 
retailer that is responsible for the labeling or retail 
packaging of a disposable nonwoven product that is 
sold or offered for sale in the United States. 
(3) DISPOSABLE
NONWOVEN
PRODUCT.—The 
term ‘‘disposable nonwoven product’’ means a 
premoistened, nonwoven disposable wipe that has 
significant potential to be flushed, as determined by 
the Administrator. 
Æ 
VerDate Sep 11 2014 
21:43 Feb 08, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H6591.IH
H6591
pbinns on DSKJLVW7X2PROD with BILLS