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Behind The Shower Curtain: Government All Wet

 

By Jennifer Rice, Staff Writer of Fox Valley Labor News

People certainly don't want the government in their showers, but that is exactly what is happening with the Department of Energy's recent announcement that it is enforcing its 35-year-old energy efficiency standards this year.

Even though the government hasn't enforced the DOE's rules and regulations for decades, the Plumbing Manufacturers Institute (PMI) members take them very seriously and abide by them, including the 2.5 gallon per minute fl ow rate.

Barbara Higgens
Executive Director for PMI Barbara Higgens said its members have been very frustrated with import showerheads, which exceed those fl ow rates. She spoke last weekend during a two-day Plumbing and Mechanical Contractors Authority of Northern Illinois (PAMCANI) convention in Downers Grove

The DOE is interpreting a showerhead as, "any plumbing fitting that is designed to direct water onto a bather, regardless of the shape, size, placement, or number of sprays or openings that it may have."

The impact of this is to curtail, if not ban, the sale of the multi-headed shower systems, Higgens said, adding it has a new and very aggressive team to enforce these regulations.

"Between January and March of this year, [DOE] has initiated 75 enforcement investigations on plumbing and other products. It also failed to certify 116 product models that didn't meet federal water conservation standards. So before they even get to fl ow rates, they are looking at certification," Higgens explained. Other products include faucets, air conditioners, heat pumps, lamps, lighting fixtures, refrigerators, freezers, washing machines and dryers.

To add more complication to this problem, currently there is an attempt to redefine a showerhead as a nozzle, which was published in the Federal Register. All nozzles would count as a single showerhead and be deemed noncompliant, if, taken together, they exceed 2.5 gallons per minute. With only 30 days to respond to the announcement, PMI countered that the actual definition needs to be redefined and the DOE's announcement was illtimed with the nations' economy.

"This is not a great time for homebuilders or manufacturing and it's not a good time to impose further restrictions on the sales of our products," Higgens said. Redefining a showerhead as a nozzle significantly impacts the long-standing definition. Also, the water savings is very nominal and too small to be measured. Higgens said the DOE did not conduct any cost-benefit analysis, nor did it consider any alternative or less costly options.

"By changing the rule, the impact to us is about $4 million in the first year and then a repeated cost of $300 million annually," Higgens explained. Cost is refl ected in lost sales, training and packaging.

Department Of EnergyTo counter the DOE, PMI formed a coalition to address the DOE's definition change. It also brought to light that this definition change is not likely to include gang showers and hand-held showers typically used by the elderly and disabled. Currently, DOE is in the middle of 90-day process to decide if it will revise, with additional input, adopt as submitted, withdraw or start over with formal rulemaking. "Forming this coalition and addressing these issues says a lot about our trade associations and its ability to pull people together," Higgens said.

This article originally appeared in the Fox Valley Labor News October 28, 2010

 
 
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