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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules affirmed in 2017, and then updated in 2018 to ASME A112.18.12018, Plumbing Supply Fixtures, which is the current version of the industry standard.
On December 16, 2020, DOE
published a final rule amending the definition for showerhead and adopted definitions for body spray and safety showerhead. 85 FR 81341
December 2020 Final Rule. DOE
amended the regulatory definition for showerhead to incorporate the definition from the most recent standard developed by ASME, such that the term means an accessory to a supply fitting for spraying onto a bather, typically from an overhead position. 85 FR
81341, 81342, 81359. Under the December 2020 Final Rule, DOE
interpreted the term showerhead such that each showerhead in a product containing multiple showerheads is considered separately for purposes of determining compliance with the 2.5
gallon per minute gpm standard established in EPCA. 85 FR 81341, 81342. In the December 2020 Final Rule, DOE adopted a definition for body spray, such that the term means a shower device for spraying water onto a bather from other than the overhead position. A body spray is not a showerhead. 85 FR 81341, 81359. DOE
also established a definition for safety shower showerhead meaning a showerhead designed to meet the requirements of the International Equipment Safety association ISEA
standard ISEA Z358.1, American National Standard for Emergency Eyewash and Shower Equipment. Id.
On July 22, 2021, DOE published a notice of proposed rulemaking NOPR in which it proposed to withdraw the definition of showerhead adopted in the December 2020 Final Rule, reinstate the definition of showerhead from the October 2013
Final Rule, and withdraw the interpretation from the December 2020
Final Rule. 86 FR 38594 July 2021
NOPR. As proposed, the term showerhead would be redefined as a component or set of components distributed in commerce for attachment to a single supply fitting, for spraying water onto a bather, typically from an overhead position, excluding safety shower showerheads. 86 FR 38594, 38607. DOE explained that it considered that water conservation is a more important purpose of EPCA than consistency with ASME with which DOE has no statutory obligation to align its definition. 86 FR 38594, 38597. DOE
also proposed to withdraw the definition of body spray, explaining that the definition is inconsistent with
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the express purpose of EPCA to conserve water and does not best address the relationship between body sprays and showerheads. 86 FR 38594, 38603. DOE did not propose any changes to the definition of safety shower showerhead in the July 2021
NOPR. 86 FR 38594, 3860338604.
II. Request for Information In the following sections, DOE has identified a variety of issues on which it seeks input to determine whether the current version of the applicable industry test procedure for faucets and showerheads would comply with the requirements in EPCA that test procedures be reasonably designed to produce test results which reflect energy and water use during a representative average use cycle or period of use, without being unduly burdensome to conduct 42 U.S.C. 6293b3.
Additionally, DOE has identified a variety of issues on which it seeks input to determine whether, and if so how, amended test procedures for faucets and showerheads would more accurately or fully comply with the requirements in EPCA that test procedures be reasonably designed to produce test results which reflect water use during a representative average use cycle or period of use, without being unduly burdensome to conduct 42 U.S.C. 6293b3.
A. Scope 1. Faucets EPCA and DOE regulations define faucet as a lavatory faucet, kitchen faucet, metering faucet, or replacement aerator for a lavatory or kitchen faucet.
42 U.S.C. 629131E; 10 CFR 430.2.
This definition defines the scope of the term by reference to the categories of faucets contained within in it e.g., kitchen faucet, but does not define the word faucet as that word is used in the faucet definition. Both ASME
A112.18.12012 and ASME A112.18.1
2018 define a faucet as a terminal fitting, which in turn is defined as a device that controls and guides the flow of water. DOE requests comment on the term faucet as defined in ASME
A112.18.12018 and whether further detail is warranted for DOEs regulatory definitions.
With regards to kitchen faucets specifically, DOEs review of the market suggests that there are a variety of terminal fittings available on the market that are marketed for installation in a kitchen. Certain of these products are explicitly marketed as kitchen faucets. Other products marketed for installation in the kitchen are characterized in the market as low-

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pressure water dispensers and pot fillers, and appear to be within the scope of the statutory term faucet. In the following discussion, DOE describes its understanding of these products and seeks comment and information from interested parties regarding such products. Throughout this discussion, DOE uses the term conventional kitchen faucet to refer to products explicitly marketed as kitchen faucets and for which the current DOE test procedure and water conservation standards apply, and to distinguish from products that may also be kitchen faucets but that may not be within the scope of the current test procedure.
ASME A112.18.12018 added a definition for low-pressure water dispenser and defines the term as a terminal fitting located downstream of a pressure reducing valve that dispenses drinking hot water above 71 C 160 F
or cold water or both at a pressure of 105 kPa 15 psi or less. As discussed previously, ASME A112.18.12018
defines faucet as a terminal fitting.
The reference to terminal fitting in the industry definition of low-pressure water dispenser indicates that ASME
A112.18.12018 classifies such products as a subset of faucets. DOE does not define low-pressure water dispenser and does not reference the term in the DOE test procedure for faucets. Based on DOEs market research, such products on the market may also be referred to as beverage faucets, drinking water faucets, or hot/cold water dispensers. DOE understands that the key differences between lowpressure water dispensers and conventional kitchen faucets are that low-pressure water dispensers operate at lower water pressures by definition and are used for the purpose of gently filling a relatively small vessel e.g., a glass. Particularly because of the lower water pressure, such products would not be effective at certain tasks that could otherwise be performed by a conventional kitchen faucet e.g., washing dishes and for which the ultimate purpose is something other than to fill a relatively small vessel with water.
The DOE water conservation standard for faucets specifies that water use must be measured at a flowing water pressure of 60 pounds per square inch psi, 10 CFR 430.32o. The same conditions are specified in section 5.4.2.3.1 of ASME A112.18.12012
referenced at section 2.a of Appendix S. However, for testing low-pressure water dispensers, section 5.4.2.3.1 of ASME A112.18.12018 specifies a maximum flow for low-pressure water dispensersi.e., 15 1 psi. This
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