Notice of Public Comment Period – Nonwoven Disposable Products Regulations

Notice is hereby given that the Department of Energy and Environment (“DOEE”) published in the DC Register a Third Notice of Proposed Rulemaking, “Nonwoven Disposable Products (Wipes),” on Friday, June 20, 2025. The public comment period is now open. The proposed regulations implement the provisions of the Nonwoven Disposable Products Act of 2016, effective March 11, 2017 (D.C. Law 21-220; D.C. Official Code § 8-521 et seq.), and include changes made in response to the public comments DOEE received after publishing its Second Notice of Proposed Rulemaking in the DC Register on July 12, 2024, at 71 DCR 8035.

The Third Notice of Proposed Rulemaking includes several non-substantive changes, and one substantive change, from the Second Notice of Proposed Rulemaking. The substantive change adds to the regulations an eight-week “cure period” for manufacturers of products that have been certified as “flushable” but later fail testing to bring the products back into compliance before facing any enforcement action. This cure period is consistent with the terms of settlement agreements reached following a national class action lawsuit against wipes manufacturers. The Second and Third Notices of Proposed Rulemakings have been modeled after these settlement agreements.

For a detailed summary of comments received and DOEE’s responses, please see the Third Notice of Proposed Rulemaking, at 72 DCR 6861.

View at DC Regs or as an attachment below. Also attached below are copies of three tests referenced in the proposed rulemaking to be used to determine the flushability of nonwoven disposable products.