The Department of Energy’s Office of Energy Efficiency (DOE/EERE) has issued a proposed
new interpretation of the term “showerhead.” If
adopted, this will dramatically impact kitchen and
bath designers and the high-end spa market.
Multiple showerhead systems have been manufactured
since the 1980s, long before the Energy Policy
Act of 1992 (EPAct 1992) was enacted to limit their flow
rate to 2.5 gpm. Frequently found in health clubs, hospitals,
Veterans Affairs clinics, nursing homes, wellness
centers, correctional facilities and schools, these products
have also been embraced by homeowners seeking
a spa-like experience in their homes. In addition to
serving an important therapeutic role for many, these
high-end products provide a relaxing escape from the
pressures of the day.
For 18 years, the DOE recognized each showerhead
simply as a fixture for directing the spray of water
in a shower. Before, during and after EPAct 1992
became law, the industry and homeowners understood
the plain meaning of the law’s key term, “showerheads,”
to mean outlets for water. It certainly has not been understood
to mean the sum of potential outlets downstream of a shower valve.
PROPOSED INTERPRETATION
On May 19, a notice in the Federal Register indicated the DOE
was soliciting comments on the agency’s draft interpretative rule to
significantly change the definition of “showerhead” with a view
toward banning a variety of important—and too often necessary—
shower configurations.
With only a 30-day comment period and without much considered
deliberation, the DOE’s proposed “interpretative” rule would negate the
accepted and standard definition of a showerhead and have a number
of unintended consequences.
The proposed rule states: “The Department concludes that a showerhead
may incorporate one or more sprays, nozzles or openings. All components
that are supplied standard together and function from one inlet
(i.e., after the mixing valve) form a single showerhead for purposes of the
maximum water use standards.” It continues to say that showerheads will
be deemed noncompliant “if the showerhead’s standard components,
operating in their maximum design flow configuration, taken together
use in excess of 2.5 gpm when flowing at 80 psi,
even if each component individually does not
exceed 2.5 gpm.”
The effect of such a reclassification will eliminate
shower systems with multiple outlets with a
combined flow exceeding 2.5 gpm. Per the new
language, manufacturers will be required to
restrict water flow to one outlet at a time and add
valves for multiple outlet operation. As a result, the
DOE’s showerhead interpretive rule will impose significant
additional costs and burdens on consumers
and manufacturers, without a clear
enforcement strategy.
The Plumbing Manufacturers Institute (PMI) and its members estimate
manufacturers will incur more than $400 million in expenses for redesigning
and reconfiguring products; packaging and information; retraining
personnel; and restocking and replacing products that cannot be sold.
The DOE’s proposed rule would force the discontinuation of entire product
lines that are otherwise compliant with EPAct 1992’s maximum flowrate-per-showerhead restrictions, including handheld showers, body
sprays and shower systems.
As outlined in its mission statement, PMI promotes both the efficient
use of water and consumer choice in a fair and open marketplace.
While the focus of the DOE action, showers should not be the first place
targeted for maximizing water savings, as they represent less than 17
percent of the total residential indoor water use.
INDUSTRY PARTICIPATION
PMI and its members have been active participants in the
WaterSense program since its establishment by the Environmental Protection
Agency (EPA). WaterSense focuses on water efficiency, not
merely conservation, and includes a consumer satisfaction component.
It’s not just about cutting back on water usage; it is about products that get the same job done more efficiently with less water. Consumers trust
WaterSense-labeled products to improve their homes’ water and energy
efficiency and to manage or reduce their utility bills. Water-efficient
faucets and showerheads are widely available on the market. Showerheads
also can earn the WaterSense label.
A WaterSense-labeled showerhead such as these from Delta (top) and Moen (above) is a great way to reduce water usage, but the proposed redefinition of “showerhead,” if passed, may leave little room for much else in a bathroom.In contrast to the EPA’s process and specifications for its WaterSense
programs, the DOE wording in the proposed redefinition disregards the
longstanding distinction between a showerhead and a shower valve.
Furthermore, placing limits on flow upstream of the points of discharge
can have a direct impact on safety and present an increased risk for
scalding. To minimize the risk of scalding and thermal shock, plumbing
manufacturers and professionals have been among the stakeholders
helping to craft the guidelines that ensure acceptable methods of controlling
hot water temperatures are used when installing showerheads
with less than 2.5 gpm. Without this dialogue and verification, end-users
may be exposed to unnecessary risk.
In a tub/shower installation, the diverter between the tub and shower
is found after the mixing valve. Currently, tub spouts do not have maximum
flow standards; they have minimum flow standards. If the DOE’s
new definition is adopted, tub spouts and showers units would have to
have a 2.5-gpm combined maximum flow rate at 80 psi. This also contradicts
current plumbing codes, which specify a minimum for a tub filler
to be 2.4 gpm at 20 psi.
Obviously, the tub spout should not be included in this definition from
the DOE, but it is a clear example of how a government agency’s redefinition
to suit a new regulatory intent can create unintended adverse
consequences. Assuming one tub spout and one showerhead, each
designed to have equal flow (1.25 gpm each), the DOE’s new definition
would result in nearly an hour wait to fill a 70-gallon tub. In reality, the
tub’s water would cool before the person was able to bathe, resulting in
increased water and energy consumption to avoid a tepid bath. Clearly,
this is not the intention of the DOE, but it could be the result of the
adoption of a completely artificial definition of “showerhead.”
SWIFT RESPONSE
Reaction to the proposal has been swift and passionate. There has
been overwhelming support of consumer choice, as well as opposition
to the “government in our bathrooms.” Comments opposing the proposed
change and the method by which the change is being made
have been submitted to the DOE website. The topic has been passionately
discussed in blogs and YouTube videos, as well as reported on the
ABC Network, Fox News and in The Wall Street Journal, among others.
Attempts to change existing law of this magnitude should not be
embarked upon without meeting the full notice and comment requirements
of the Administrative Procedures Act and its corresponding due
process procedural safeguards to protect the public from arbitrary and
unsupported government action. PMI has united a coalition of diverse
stakeholders, which include:
• American Association of People with Disabilities
• American Supply Association
• Buying Group Services, Inc.
• Canadian Institute of Plumbing and Heating
• Decorative Plumbing and Hardware Association
• Elite Brand Sales and Marketing
• Forte Buying Group
• International Association of Plumbing and Mechanical Officials
• National Association of Home Builders
• National Council of the Housing Industry
• Kitchen and Bath Buying Group, Inc.
• Plumbing-Heating-Cooling Contractors Association
• The Home Depot
While the outcome of the DOE’s proposal remains unclear, it is clear the
debate has just begun. To learn more about the coalition’s continued
advocacy and educational efforts, please contact PMI at 847-481-5500.
—Barbara C. Higgens is executive director of the Plumbing Manufacturers Institute (PMI), an association representing manufacturers of
most plumbing fixtures and fittings used in North America. She is responsible
for the association’s codes/standards activities, as well as many
other leadership roles. Higgens is also a member of the board of directors
for the Council of Manufacturing Associations (CMA), the National
Association of Manufacturers (NAM), the Procurement Committee for
World Vision Storehouse and the U.S. Department of Commerce Industry
Trade Advisory (ITAC) committee. She can be reached via email at
[email protected].
