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Federal Register / Vol. 86, No. 241 / Monday, December 20, 2021 / Rules and Regulations
established in the December 2020 Final Rule allows each nozzle within a showerhead with multiple nozzles to be separately subject to the standard, and thereby allows water flow at a multiple of that standard and the related increase of energy for water heating. 86 FR
38594, 38598.
As discussed in the July 2021 NOPR, the contemplated treatment of showerheads in the 2010 Draft Interpretive Rule, the articulated interpretation in the 2011 Enforcement Guidance, and the regulatory definition established in the October 2013 Final Rule i.e., all components attached to a single supply fitting/inlet are a single showerhead further the goal of EPCA to conserve water by improving the water efficiency of showerheads. 86 FR
38594, 38598. In treating all components attached to a single supply fitting/inlet as a shower head, the 2.5
gpm standard applies to the combined water flow of all such attached components.
In response to the July 2021 NOPR, commenters discussed the statutory interpretation of the term showerhead. AWE et al. quoted the definition of the term showerhead from Merriam-Websters.com, which defines the term as a fixture for directing the spray of water in a bathroom shower. AWE et al. stated that the definition of showerhead in the 2013 Rule appropriately aligns with this understanding. AWE et al. further stated that the December 2020 Final Rule meant that a person taking a shower from a multi-nozzle product would be using multiple showerheads at oncea concept that is awkward under the common, ordinary usage of the word showerhead. AWE et al., No. 21 at p.
2 AWE et al. explained that objects that are sold as a set together, installed together, and used together constitute a single product from the consumers point of view and the usage of these objects simultaneously for the function of showering demonstrates the collection of themthe nozzles all togetheris the single product known as a showerhead. AWE et al., No. 21 at p. 3 CEC stated that the October 2013
definition more clearly defines the term showerhead to mean any showerhead, other than a safety showerhead, must meet the maximum flow rate of 2.5 gpm.
Specifically, CEC explained that DOEs interpretation of the term in the December 2020 final rule is not justified or a permissible construction of the statute and measuring the water flow of all sprayers on a multi-nozzle device at the same time is the only meaningful interpretation of the statutory and
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regulatory structure of showerhead.
CEC, No. 19 at p. 3
Conversely, CEI et al. argued that the most likely intent of the statutory definition is that the 2.5 gpm restriction is applicable to each individual showerhead, otherwise the statute would have used the term shower instead. CEI et al., No. 18 at p. 2
AWE et al. and CECs comments discussing the general understanding of the term showerhead further confirm DOEs positions outlined in the 2010
Draft Interpretive Rule and the 2011
Enforcement Guidance that all components/units sold together as a single unit are considered a single showerhead. CEI et al. suggests that the term showerhead applies to each individual showerhead, while the term shower applies to a collection of showerheads. The term shower is generally understood to mean the location in which plumbing fixtures e.g., showerhead, tub faucet, body spray are installed to allow for the act of showering. These comments further illustrate that the term showerhead is ambiguous, as discussed in section III.A.1. As these comments and statements illustrate that the term showerhead can comprise a multiheaded showerhead and is consistent with EPCAs purpose of water conservation.
In response to the July 2021 NOPR, commenters discussed the impacts of the current definition of showerhead.
NPCC stated that the definitions of showerhead adopted in the December 2020 Final Rule provide two significant loopholes to compliance with the standard inconsistent with the purposes of EPCA, with real significant consequences for energy and water conservation. NPCC, No. 12 at pp.12
NPCC estimated that the December 2020
Final Rule definition of showerhead could significantly increase water use per shower and significantly impact consumption of electricity as well as natural gas. NPCC, No. 12 at p. 2 The Joint Advocates stated that the definition of showerhead that was finalized in the December 2020 Final Rule goes against the purposes of EPCA
and allows for showerheads to use an unlimited amount of water.
Additionally, the Joint Advocates stated that the current definition of showerhead would allow for excessive water use and result in increased costs for consumers. Joint Advocates, No. 23 at p.1 The CA IOUs stated that the December 2020 Final Rule introduced the prospect of limitless water usage in many showerhead products. CA IOUs, No. 20
at p.1 Hekstra commented that the 2020

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definition created a loophole that needs to be closed to meet the goal of creating a system that reduces the amount of water used per minute by the average shower user. Hekstra, No. 17
CEC stated that the climate and environmental damages, such as harm from increased emissions, worse air quality, unnecessary energy demand, and water availability, resulting from the December 2020 Final Rule are felt across state lines. CEC, No. 19 at p.2
CEC stated that the definition included in the December 2020 Final Rule results in an increase in water and energy use nationwide by allowing multi-sprayer devices to use more than the maximum flow rate, and is not a permissible construction of the statute. CEC, No. 19
at p.3
AWE et al. referenced its prior comments in which it estimated that the current definition could increase annual energy consumption by 25 trillion British thermal units for each gpm increase in shower flow rate, and together with the increased annual domestic water use, could increase annual water and energy bills for American consumers by an estimated $1.14 billion. AWE et al., No. 21 at p.
4 AWE et al. explained that the U.S. is experiencing serious water shortages and the December 2020 Final Rule only serves to increase the consumption of drinking water that will have severe impacts on water supplies across the country. Further, AWE et al. stated that the December 2020 Final Rule could increase residential water consumption upwards of 160 gallons annually by allowing multiple showerhead systems to increase flows from the previous 2.5
gpm. AWE et al. also noted the pressure on water utilities will continue to grow, due to population increases in areas like the West, where water is scare, and climate change, which is causing longterm declines in rainfall in many regions. The increased water consumption under the December 2020
Final Rule will increase water utility costs as it becomes necessary to provide new water supplies, and therefore may increase customer bills, as the costs for procuring needed new water supplies is passed onto consumers. AWE et al., No.
21 at pp.23 AWE stated that the December 2020 Final Rule would potentially waste billions of gallons of water, increase energy use and power plant emissions, and raise consumer water bills. Further, with much of the country struggling with drought, these 2020 changes could further compromise water supply availability. AWE, Public Meeting Transcript at p. 7
CEI et al. asserted that EPCA requires DOE to balance energy and/or water
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