[Senate Report 119-63]
[From the U.S. Government Publishing Office]
Calendar No. 166
119th Congress } { Report
SENATE
1st Session } { 119-63
_______________________________________________________________________
WASTEWATER INFRASTRUCTURE POLLUTION
PREVENTION AND ENVIRONMENTAL SAFETY
ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND
TRANSPORTATION
on
S. 1092
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 19 (legislative day, September 16), 2025.--Ordered to be
printed
------
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 166
119th Congress } { Report
SENATE
1st Session } { 119-63
=======================================================================
WASTEWATER INFRASTRUCTURE POLLUTION
PREVENTION AND ENVIRONMENTAL SAFETY ACT
----------------
September 19 (legislative day, September 16), 2025.--Ordered to be
printed
----------------
Mr. Cruz, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1092]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1092) to require certain
products to be labeled with `Do Not Flush' labeling, and for
other purposes, having considered the same, reports favorably
thereon with an amendment in the nature of a substitute and
recommends that the bill, as amended, do pass.
PURPOSE OF THE BILL
The purpose of S. 1092 is to require certain products to be
labeled with ``Do Not Flush'' labeling.
BACKGROUND AND NEEDS
Currently, 90 percent of wipes sold in the United States
are non-flushable.\1\ Wastewater systems across the United
States experience operational challenges when non-flushable,
disposable wipers are flushed into wastewater systems. These
wipes are not designed to be flushed into wastewater systems
and result in blockages, equipment damage, and increased
maintenance or operating costs. According to a study conducted
by the National Association of Clean Water Agencies (NACWA),
the improper disposal of wipes into sewage systems is
responsible for $441 million a year in additional operating
costs at U.S. clean water utilities.\2\
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\1\Karen McIntyre, ``WIPPES Act--Set to Create National Standard
for Wipes Labeling,'' Nonwovens Industry, September 12, 2024, https://
www.nonwovens-industry.com/issues/2024-09/view_features/wippes-act---
set-to-create-national-standard-for-wipes-labeling/.
\2\National Association of Clean Water Agencies, ``The Cost of
Wipes on America's Clean Water Utilities: An Estimate of Increased
Utility Operating Costs,'' September 2020, https://www.nacwa.org/docs/
default-source/resources---public/govaff-3-cost_of_wipes-1.pdf.
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Proper labeling is important in keeping non-flushable wipes
out of toilets. According to a 2024 survey, consumers are less
likely to flush non-flushable wipes if they are aware of the
problems.\3\
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\3\``Annual Report 2024,'' Responsible Flushing Alliance, 2024,
https://www.flushsmart.org/wp-content/uploads/
Flushsmart_AnnualReport_2024-1.pdf.
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The purpose of the WIPPES Act is to ensure a consistent,
clear uniform labeling standard for disposal of non-flushable
wipes to better inform American consumers and change behavior
to prevent flushing non-flushable wipes into wastewater
systems.
SUMMARY OF PROVISIONS
S. 1092 would do the following:
Require entities that are responsible for the
labeling or retail packaging of certain disposable
wipes to label the products with a notice and symbol in
accordance with the express requirements of the Act
that are specific to the type of packaging, including
for: (1) cylindrical packaging, (2) flexible film
packaging, (3) rigid packaging, (4) packaging not
intended to dispense individual wipes, (5) bulk
packaging, and (6) packaging of combined products.
Direct the Federal Trade Commission (FTC) to issue
guidance to assist covered entities in complying with
the labeling requirements.
Authorize the FTC to enforce the labeling
requirements in the Act.
Create a national standard for ``Do Not Flush''
labeling of covered products by preempting State ``Do
Not Flush'' labeling laws that are not identical to the
labeling requirements set forth in the Act.
LEGISLATIVE HISTORY
S. 1092, the WIPPES Act, was introduced on March 24, 2025,
by Senator Merkley (for himself and Senators Collins,
Blumenthal, King, Markey, Murray, Padilla, Wyden, and Shaheen)
and was referred to the Committee on Commerce, Science, and
Transportation of the Senate. Senator Warren was later added as
a cosponsor. On May 21, 2025, the Committee met in open
Executive Session and, by voice vote, ordered S. 1092 reported
favorably with an amendment (in the nature of a substitute).
H.R. 2269, a House companion bill, was introduced on March
21, 2025, by Representative McClain (for herself and
Representatives Mullin, Kean, and Huffman) and was referred to
the Committee on Energy and Commerce of the House of
Representatives. On April 8, 2025, that Committee met in open
Executive Session and, by voice vote, ordered H.R. 2269
reported favorably without amendment. Representatives Pingree,
Calvert, Jayapal, and Correa were later added as cosponsors. On
June 23, 2025, H.R. 2269 passed the House by voice vote.
118th Congress
S. 1350, the WIPPES Act, was introduced on April 27, 2023,
by Senator Merkley (for himself and Senators Collins, King,
Shaheen, Wyden, Markey, Blumenthal, and Warren) and was
referred to the Committee on Commerce, Science, and
Transportation of the Senate. Senators Padilla, Feinstein, and
Murray were later added as cosponsors.
H.R. 2964, a House companion bill, was introduced on April
27, 2023, by Representative McClain (for herself and
Representative Peltola) and was referred to the Committee on
Energy and Commerce of the House of Representatives.
Representatives Perez and Brownley were later added as
cosponsors. On December 6, 2023, that Committee met in open
Executive Session and, by a vote of 42-0, ordered H.R. 2964
reported favorably as amended. On June 11, 2024, the House
passed H.R. 2964 by a vote of 351-56.
ESTIMATED COSTS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1092 would require manufacturers and suppliers of
disposable wipes to clearly mark their products with a ``do not
flush'' label and symbol. Failure to comply would be considered
an unfair or deceptive practice under the Federal Trade
Commission Act and the Federal Trade Commission (FTC) would be
responsible for enforcement.
Using information from the FTC and based on the cost of
similar requirements, CBO estimates that implementing S. 1092
would cost the FTC $4 million over the 2025-2030 period to
issue guidance and monitor and enforce those requirements. Any
related spending would be subject to the availability of
appropriated funds.
Companies that failed to meet the new requirements could
face civil penalties, which are recorded as revenues. Whether
the FTC would pursue civil penalties or some other remedy for
violations is unclear. In any event, CBO expects that companies
would generally comply with the new requirements and that any
additional penalties collected over the 2025-2035 period would
be insignificant.
S. 1092 would impose mandates as defined in the Unfunded
Mandates Reform Act (UMRA). CBO estimates that the costs to
comply with the intergovernmental and private-sector mandates
would not exceed the thresholds established in UMRA ($103
million and $206 million in 2025, respectively, adjusted
annually for inflation).
S. 1092 would preempt some state and local laws governing
the labeling of certain disposable wipes. Although the
preemptions would limit the application of state and local
laws, they would impose no duty on state or local governments
that would result in significant spending or loss of revenues.
The bill would require manufacturers of certain disposable
wipes to label their products with a ``do not flush'' label and
symbol. Because manufacturers already are complying with
similar laws enacted in California, Illinois, and several other
states, CBO estimates that the cost for manufacturers to comply
with the mandate would be small.
On June 27, 2025, CBO transmitted a cost estimate for H.R.
2269, the WIPPES Act, as passed by the House of Representatives
on June 23, 2025. The two pieces of legislation are similar,
and CBO's estimates of their budgetary effects are the same.
The CBO staff contacts for this estimate are Margot Berman
(for federal costs) and Rachel Austin (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
S. 1092 would cover manufacturers, wholesalers, suppliers,
individuals, groups of individuals, or retailers that are
responsible for the labeling or retail packaging of a covered
product that is sold or offered for retail sale in the United
States.
Economic Impact
Based on industry sources, compliance costs associated with
S. 1092's labeling requirements are expected to be minimal. It
is believed that such expenses will be outweighed by decreased
operating costs for wastewater systems from reduced disposal of
non-flushable wipes into wastewater systems.
Privacy
S. 1092 would not impact the personal privacy of
individuals.
Paperwork
S. 1092 is not anticipated to generate any additional
paperwork.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Wastewater Infrastructure Pollution Prevention and
Environmental Safety Act'' or the ``WIPPES Act''.
Section 2. ``Do Not Flush'' labeling.
Section 2(a) would require a covered entity to label a
covered product in accordance with subsections (b) and (c).
Section 2(b) would establish labeling requirements for
covered products sold in specific packaging. Subsection (b)(1)
would establish specific labeling requirements for covered
products sold in cylindrical packaging; subsection (b)(2) would
establish specific labeling requirements for covered products
sold in flexible film packaging; subsection (b)(3) would
establish specific labeling requirements for covered products
sold in a refillable tub or other rigid packaging; subsection
(b)(4) would establish specific labeling requirements for
covered products sold in packaging that is not intended to
dispense individual wipes; subsection (b)(5)(A) would establish
labeling requirements for covered products sold in bulk at
retail; subsection (b)(5)(B)(i) would exempt from the
requirements of subparagraph (A) individually packaged covered
products that are contained within outer packaging, are not
intended to dispense individual wipes, and have no retail
labeling; subsection (b)(5)(B)(ii) would exempt from the
requirements of subparagraph (A) outer packaging that does not
obscure the required labeling on individually packaged covered
products that are contained within; and subsection (b)(6) would
establish the labeling requirements for combined products.
Section 2(c) would require a covered entity to ensure that
packaging seams or folds or other packaging design elements do
not obscure the symbol or label notice; that such symbol and
label notice are each equal in size to at least 2 percent of
the surface area of the principal display panel; and that the
symbol and label notice have a high contrast with the immediate
background on the packaging so an ordinary person can see and
read the label notice and symbol. Section 2(c) also would allow
a covered entity to display a symbol and label notice either
adjacent to or on separate areas of the principal display
panel.
Section 2(d) would provide that a covered entity may not
make any express or implied representation that such covered
product can or should be flushed.
Section 2(e) would authorize the FTC to enforce the Act as
a violation of a rule describing an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act.
Section 2(f) would require the FTC, not later than 180 days
after the date of enactment and in consultation with the
Administrator of the Environmental Protection Agency, the
Commissioner of Food and Drugs, the Consumer Product Safety
Commission, and any other agency determined appropriate by the
FTC, to issue guidance to assist covered entities in complying
with the labeling requirements of this section.
Section 2(g) would place limitations on FTC guidance such
that the guidance would not confer any rights on any person,
State, or locality, or bind the FTC or any other person to the
approach recommended in the FTC guidance. Section 2(g) would
also provide that any enforcement action brought by the FTC
shall allege a specific violation of the Act and that no
enforcement action shall be based on practices that are
inconsistent with guidance unless such practices also violate
the Act.
Section 2(h) would prohibit any State or political
subdivision of a State from directly or indirectly establishing
or continuing in effect, under any authority, requirements with
respect to the ``Do Not Flush'' labeling of a covered product
that is not identical to the requirements under this section.
Section 2(i) would define the terms ``combined product'',
``Commission'', ``covered entity'', ``covered product'', ``high
contrast'', ``label notice'', ``principal display panel'',
``State'', and ``symbol''.
Lastly, section 2(j) would provide that the bill shall take
effect 1 year after the date of the enactment and shall not
apply to covered products packaged or sold before such date.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.
[all]