[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6591 Introduced in House (IH)]

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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.
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