Protecting Infrastructure and Promoting Environmental Stewardship Act or the PIPES Act
This bill requires the Environmental Protection Agency to establish standards for flushable wipes and require wipes that are marketed as being flushable to comply with those standards. The bill provides for civil penalties for noncompliance.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6591 Introduced in House (IH)]
<DOC>
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 Protection 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Infrastructure and
Promoting Environmental Stewardship Act'' or the ``PIPES Act''.
SEC. 2. FLUSHABILITY OF DISPOSABLE NONWOVEN PRODUCTS.
(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 December 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 flushing
the product, based on the composition of the
materials in the product;
(ii) the toilet and drain clearance ability
of the product;
(iii) the disintegration of the product;
(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 standards 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
representation 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
appropriate by the Administrator to cover the
costs of administering this section; and
(B) make public the documentation submitted
pursuant to subparagraph (A)(i).
(b) Product Designation or Marking.--Beginning on the effective
date of the rule published under subsection (a), a covered entity may
use the terms ``flushable'' 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 entity is in compliance with this
section, which may include--
(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 determines that the
documentation submitted pursuant to subsection (a)(2)
is insufficient, or further information is otherwise
necessary, to verify such compliance; and
(B) a requirement to submit to the Administrator,
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 subsection (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 subsection
is for sale at retail; and
(ii) $500,000 for a single such violation.
(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 appropriate United States district court
for appropriate injunctive relief.
(d) Website.--Not later than 1 year after the date of enactment of
this section, the Administrator shall--
(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 appropriated 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 pursuant to this
section.
(f) Report.--Not later than 5 years after the effective 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 recommendations for any changes necessary to improve such
implementation.
(g) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Covered entity.--The term ``covered entity'' 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment and Climate Change.
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