[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20268-20274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07602]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0026; FRL-10007-06-OW]


Notice of Recent Specifications Review and Request for 
Information on WaterSense Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for information.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
completion of the review of WaterSense product performance criteria as 
required under the America's Water Infrastructure Act (AWIA) of 2018. 
The AWIA required the EPA to consider for review and revision, if 
necessary, specifications which were released prior to 2012. The EPA 
has completed its review and made the decision not to revise any 
specifications. A summary of the review and findings are included in 
this document. Additionally, this document announces that the EPA is 
seeking input and requesting information on any data, surveys, or 
studies to help assess consumer satisfaction with WaterSense labeled 
products, which could inform future product specification development. 
The EPA is also seeking input on how to design a study or studies to 
inform future reviews that incorporate customer satisfaction 
considerations. The results of these studies could inform future Agency 
action when developing criteria for labeling products in the WaterSense 
program. The EPA is also requesting input on whether it should include 
consumer satisfaction criteria into the WaterSense program guidelines 
and, if included, what criteria should be considered and how.

DATES: Comments on these items must be received on or before June 9, 
2020.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2020-0026, by the following method:
     Federal eRulemaking Portal: https://www.regulations.gov/. 
Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID 
No. for this notification. Comments received may be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``How do I 
submit written comments?'' heading of the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT:  For additional information, please 
contact Stephanie Tanner, Office of Water (mail code 4204M), 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, 
Washington, DC, 20460; telephone number: 202-564-2660; or email: 
Tanner.Stephanie@epa.gov (preferred). Also see the following website 
for additional information on this topic: https://www.epa.gov/watersense/product-specification-review.

SUPPLEMENTARY INFORMATION: 

I. How do I submit written comments?

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2020-
0026, at https://www.regulations.gov/. Once submitted, comments cannot 
be edited or removed from the docket. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    The Energy Policy Act (EPAct) of 1992 amended the Energy Policy and 
Conservation Act by, among other things, establishing mandatory minimum 
water use standards for plumbing products, with compliance required 
beginning in 1994. The EPAct mandated a maximum flush volume of 1.6 
gallons per flush (gpf) for toilets, 2.2 gallons per minute (gpm) flow 
rate for faucets, and a 2.5 gpm flow rate for showerheads. The 
Department of Energy (DOE) issued regulations implementing those 
statutory standards. The first toilets and showerheads that met these 
standards in the mid-1990s did not perform well because they had not 
been redesigned to use less water.
    In the early 2000's, a stakeholder group of about 100 cities, water 
utilities, non-governmental organizations, and manufacturers of water-
using products approached the EPA to ask for assistance in bringing 
order and credibility to the marketplace for water-efficient products. 
Several utilities were working to develop their own performance test 
methods for products, but each individual utility had different tests 
and different lists of approved products. Manufacturers noted that it 
was difficult and expensive to make products that met different 
requirements. Stakeholders expressed a wish for an ``ENERGY STAR''-like 
program for water-using products that would be both voluntary and non-
regulatory. The EPA responded by launching the WaterSense program in 
2006.
    WaterSense is a voluntary partnership program sponsored by the EPA 
which was initially launched in 2006 as an initiative to educate 
American consumers on making smart water choices that save money and 
maintain high performance standards. The WaterSense label makes it 
easier for consumers to identify water-efficient products, new homes, 
and programs that meet the EPA's criteria for efficiency and 
performance. WaterSense-labeled products and services are independently 
certified to use at least 20 percent less water, save energy, and 
perform as well as or better than standard models. WaterSense partners 
with manufacturers, retailers and distributors, homebuilders, 
irrigation professionals, and utilities to encourage innovation in 
manufacturing and support jobs for American workers.
    To date, the program has specifications for the seven products 
identified in the table below. Criteria for the specifications have 
also been adopted into voluntary consensus reference standards. Several 
of the products are also covered by mandatory federal DOE plumbing 
standards, as described in the table. More than 30,000 models of 
products have been certified to the WaterSense label and nearly 500 
million products have been shipped, according to reporting by 
WaterSense manufacturer partners.

[[Page 20269]]



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                                         Initial release date
            Specification               (current version with     Reference standards         Covered by DOE
                                            release date)                                      regulation?
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WaterSense Specification for Tank-     January 24, 2007.......  American Society of      Yes.
 Type Toilets.                         (Version 1.2, June 2,     Mechanical Engineers
                                        2014).                   (ASME) A112.19.2/
                                                                 Canadian Standards
                                                                 Association (CSA)
                                                                 B45.1.
High-Efficiency Lavatory Faucet        October 1, 2007........  ASME A112.18.1/CSA       Yes.
 Specification.                                                  B125.1.
WaterSense Specification for Flushing  October 8, 2009........  ASME A112.19.2/CSA       Yes.
 Urinals.                                                        B45.1; American
                                                                 Society of Sanitary
                                                                 Engineering (ASSE)
                                                                 1037.
WaterSense Specification for           March 4, 2010..........  ASME A112.18.1/CSA       Yes.
 Showerheads.                          (Version 1.1, July 26,    B125.1.
                                        2018).
WaterSense Specification for Weather-  November 3, 2011.......  Smart Water Application  No.
 Based Irrigation Controllers.                                   Technologies (SWAT)
                                                                 Test Protocol for
                                                                 Climatologically Based
                                                                 Controllers (Draft)
                                                                 with modifications.
WaterSense Specification for           December 17, 2015......  ASME A112.19.2/CSA       Yes.
 Flushometer-Valve Water Closets.                                B45.1 Ceramic Plumbing
                                                                 Fixtures, ASME
                                                                 A112.19.3/CSA B45.4
                                                                 Stainless Steel
                                                                 Plumbing Fixtures, or
                                                                 CSA B45.5/IAPMO Z124
                                                                 Plastic Plumbing
                                                                 Fixtures.
WaterSense Specification for Spray     September 21, 2017.....  ASABE/ICC 802-2014,      No.
 Sprinkler Bodies.                                               Sprinkler and Bubbler
                                                                 Design Requirements.
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III. The American Water Infrastructure Act (AWIA) of 2018 and Review of 
Specifications

    The WaterSense program was officially authorized by Congress in 
October 2018 under the AWIA (Pub. L. 115-270, Section 4306). The 
provisions under section 4306 of AWIA are largely consistent with how 
the program has operated since it began. The law requires the program 
to periodically review and, if appropriate, revise specifications, 
although not more frequently than every six years after adoption or 
major revision of performance criteria. The law also required that, not 
later than December 31, 2019, the EPA ``consider for review and revise, 
if necessary, any WaterSense performance criteria adopted before 
January 1, 2012.'' In response to AWIA, the EPA commenced a review of 
five WaterSense specifications that were issued prior to January 1, 
2012: Tank type toilets, lavatory faucets and accessories, showerheads, 
flushing urinals, and weather-based irrigation controllers.
    The EPA initiated its specification review process in December 2018 
when it released the WaterSense Notice of Specification Review.\1\ That 
notice provided the EPA's initial considerations and criteria for 
evaluating whether to revise the relevant specifications. The EPA 
considered the following in determining the feasibility in 
establishing, or in this case, revising a product specification:
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    \1\ WaterSense Notice of Specification Review, December 20, 
2018. www.epa.gov/sites/production/files/2018-12/documents/ws-notice-of-specification-review.pdf.
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     Equal or superior product performance compared to 
conventional models,
     Potential for significant water savings on a national 
level,
     State of technology development--product categories that 
rely on a single, proprietary technology will not be eligible for the 
label,
     Assurance that the development (or revision) of a 
specification will not lead to unintended or negative environmental or 
economic impacts,
     Ability to measure and verify water savings and 
performance, and
     Cost-effectiveness.
    In the context of the criteria above, the EPA reviewed the scope, 
efficiency, and performance criteria within each specification under 
consideration for revision to determine if updates may be necessary. 
The EPA also reviewed the current product marketplace, including 
product shipment data submitted by WaterSense manufacturer partners as 
part of annual reporting, to understand the market share of WaterSense 
labeled products and learn about technological advancements and 
subsequent efficiency and performance improvements that have been made 
since each specification's initial release.
    The evaluation considered technical and scientific studies, trends 
in product labeling, other specifications (regulatory or voluntary), 
and market drivers. WaterSense considered the water savings potential 
of changes; as well as potential impacts on product performance, the 
larger built system, and public health. WaterSense also sought feedback 
on potential scope expansion and/or new product categories for 
labeling.
    Throughout 2019, the EPA conducted additional product research and 
collected information from program stakeholders related to the current 
marketplace for WaterSense labeled products. The EPA also solicited 
feedback on potential changes to each specification's scope, water 
efficiency criteria, performance criteria, and the marking requirements 
of the product package. Through solicitation of public comments \2\ and 
a series of public webinars \3\ targeted to specific stakeholder 
groups, the EPA collected feedback to help guide its decision-making 
with respect to considering specification revisions.
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    \2\ A compilation of public comments received as part of the 
EPA's specification review can be viewed at www.epa.gov/watersense/product-specification-review#Comments.
    \3\ Presentation materials, meeting summaries, and recordings 
can be accessed at www.epa.gov/watersense/product-specification-review#webinars.
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    Comments received and polls conducted during the public webinars 
showed a difference of opinion among partner types as to the decisions 
the program should make. Based on the public comments submitted, 
plumbing manufacturers generally preferred to maintain the current 
specification efficiency levels and suggested WaterSense instead focus 
on improving stock penetration of existing labeled products. 
Promotional partners (e.g., water utilities, units of local government, 
non-governmental organizations) generally indicated they were 
interested in improved efficiency, but not necessarily at the expense 
of product or plumbing system performance. Summaries of the 
certification trends and stakeholder input from the informal 
stakeholder polls taken during the EPA's specification review public 
webinars are available on the WaterSense website at https://www.epa.gov/watersense/product-specification-review.
    Some commenters raised concerns about potential impacts that water 
efficiency could have on building

[[Page 20270]]

premise plumbing systems, drinking water and wastewater infrastructure, 
and water quality. These commenters stated many buildings and 
infrastructure systems, including residential home plumbing systems, 
within the United States were designed for much higher water demand and 
flows. With more efficient plumbing fixtures and appliances available, 
and changes in how water is used, there is potential to create flow 
conditions within plumbing systems that are different from what they 
were designed to accommodate. For example, commenters noted drinking 
water has a longer residence time in the plumbing system pipes before 
delivery indoors for public use. A reduction to the flow rate may 
contribute to conditions (e.g., water aging, temperature, odor) that 
are conducive to the growth of opportunistic pathogens (e.g., 
Legionella pneumophila) and other water quality issues. To understand 
these issues further, in August 2018 the EPA co-organized a workshop 
with the National Institute of Standards and Technology (NIST) and the 
Water Research Foundation (WRF) to establish research objectives 
related to water use efficiency and water quality in premise plumbing 
systems. Participants from the workshop identified research gaps that 
are still needed relating to low flow volumes on premise plumbing 
systems and its impact on water quality, usage, and efficiency.
    Comments were also received regarding potential impacts on state 
laws of further lowering the WaterSense requirements for water 
consumption levels for tank-type toilets, lavatory faucets, urinals and 
showerheads. For example, at least six states have already adopted 
regulations mandating performance requirements consistent with the EPA 
WaterSense specifications. The EPA is aware that further revisions to 
the criteria to improve water efficiency beyond the current WaterSense 
specifications may result in state law and local adoption of 
requirements.
    The EPA considered all information provided and comments received 
in its specification review as required under AWIA and made the 
decision not to make changes to existing specifications. In future 
reviews, the EPA will further consider the issues raised in this review 
related to system performance, health, and safety. Also, the EPA is 
focused on promoting plumbing and infrastructure systems that are built 
and managed for both water efficiency and water quality. As such, 
WaterSense will be cognizant of these potential unintended consequences 
as it considers revisions to any of its product specifications.
    As part of its specification development review process, the EPA 
has solicited information from program partners on what updates to 
performance criteria or referenced standards WaterSense should consider 
incorporating into specifications that would benefit the user 
experience and ensure long-term water savings. In future reviews, the 
EPA is considering including requests for additional information from 
program partners regarding consumer satisfaction and product choice in 
the performance specification review of the WaterSense products. 
Several commenters advised the EPA to conduct a user satisfaction study 
prior to a revision of a performance specification. This action seeks 
comment from the broader public in order to address the potential and 
method for inclusion of consumer satisfaction when evaluating changes 
to the WaterSense product performance criteria. The EPA request for 
consumer satisfaction information is discussed further in section V of 
this document.

IV. Summary of Information Collected From the WaterSense Specification 
Review

    Each product-specific section below includes a summary of the EPA's 
findings in the WaterSense specification review process. As noted 
above, the EPA has made the determination not to revise any of the 
specifications. In the future, should the Agency make the decision to 
revise the specification of any WaterSense product, a Notice of Intent 
(NOI) would officially initiate the specification revision process. In 
the NOI, the EPA would identify potential major and minor revisions it 
intends to include in the specification revision. Stakeholders will 
have an opportunity to comment on the content of the NOI prior to the 
EPA's development of any draft revised specification for each 
WaterSense product-specific type. The draft specification would 
likewise be made available for public comment prior to final revisions.

(a) Tank-Type Toilets

    The Federal standard for tank-type toilets set a maximum flush 
volume of 1.6 gallons per flush (gpf). The EPA released the WaterSense 
Specification for Tank-Type Toilets on January 24, 2007, which set a 
maximum efficiency level of 1.28 gpf and established criteria to 
evaluate performance. The EPA has since completed two minor revisions 
to the specification, releasing the latest version (Version 1.2) in 
June 2014. To date, manufacturer partners have produced nearly 3,900 
WaterSense labeled tank-type toilet models.
    As part of its review of the tank-type toilets specification, the 
EPA considered whether to reduce the maximum allowable flush volume 
criteria to improve water efficiency beyond what is required in the 
current WaterSense specification. The EPA also considered whether to 
modify its performance criteria to require that labeled toilets be able 
to flush a larger quantity of waste and/or toilet paper.
    While not specifically included as a consideration in the 
WaterSense Notice of Specification Review, during the stakeholder 
engagement process the EPA received feedback from several utility and 
promotional partners expressing concern about the actual water savings 
from dual-flush toilets. Under the current specification, dual-flush 
toilets must have an effective flush volume not to exceed 1.28 gallons 
gpf (4.8 liters per flush [lpf]) and remove at least 350 grams of solid 
waste per flush. As a result of the public comments, the EPA also 
considered whether to modify or eliminate the effective flush 
calculation from the specification.
Findings
    To date, eight states and multiple municipalities throughout the 
United States have adopted regulations mandating that tank-type toilets 
have a flush volume of 1.28 gpf or less, consistent with the WaterSense 
specification. A report commissioned by Plumbing Manufacturers 
International (PMI) estimates that the market penetration of WaterSense 
labeled tank-type toilet models is only 17 percent of all models 
currently installed in the United States.\4\ While many jurisdictions 
now require 1.28 gpf toilets, the EPA does not know of any that mandate 
toilets to flush below 1.28 gpf. Therefore, the market has not shifted 
below the WaterSense water efficiency threshold.
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    \4\ GMP Research Inc., June 2019. 2019 U.S. WaterSense Market 
Penetration. A GMP Research Industry Report commissioned by PMI.
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    As part of the specification review, the EPA received feedback from 
several utility and promotional partners expressing concern over water 
savings resulting from dual-flush toilets. Currently, WaterSense 
labeled dual-flush toilets may have full-flush volumes of up to 1.6 gpf 
(commensurate with a standard toilet) and still meet the effective 
flush volume requirement. Commenters indicated that realization of 
water savings is based on user behaviors related to activation of the 
full- and reduced-flushes and expressed

[[Page 20271]]

concern that the effective flush volume ratio of two reduced flushes to 
one full flush is not typically employed in real-world applications. As 
a result, WaterSense labeled dual-flush tank-type toilets might not 
achieve the minimum 20 percent water savings.\5\
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    \5\ See the WaterSense Plumbing Fixtures Specification Review 
Webinar for a summary of dual-flush toilet studies. For tank-type 
toilets, ratios of reduced flushes to full flushes ranged from 
0.48:1 to 1.7:1.
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    Comments were also received relating to increasing the quantity of 
waste and/or toilet paper beyond the 350 grams of solid waste per flush 
required. A comment was made that this may encourage manufactures to 
focus on solids and not sufficiently on other attributes like bowl 
cleaning and lighter waste removal, which require fluid dynamic design 
considerations different from bulk waste removal. According to a 
customer satisfaction survey conducted by the Metropolitan Water 
District of Southern California in 1999, bowl cleanliness was the 
number one reason for double flushing. Increasing the gram requirement 
may unduly impact product choice, consumer satisfaction and offset any 
savings in water usage.
    Currently, the EPA is funding two studies examining low-flow 
plumbing fixtures on water quality: Drexel University, ``Water 
Conservation and Water Quality: Understanding the Impacts of New 
Technologies and New operational Strategies;'' and Purdue, Michigan 
State, and San Jose Universities, ``Right Sizing Tomorrow's Water 
Systems for Efficiency, Sustainability, and Public Health.'' These 
studies will provide insight on the potential impact of declining 
wastewater flows of pollutants and solid concentrations through the 
premise plumbing system on blockages, odor, corrosion in pipes, and 
subsequently, on water quality and human health. In light of these 
ongoing studies, and consideration of the public comments received, the 
EPA has made the determination not to make changes to existing 
specifications. The EPA would like to more fully evaluate the impacts 
of low-flow plumbing fixtures on water quality and public health. The 
EPA would consider information from these studies in any future review. 
In addition, as discussed below, the EPA would consider available data 
gathered from this action on customer satisfaction and the impacts of a 
change on consumer product choice in any further review of product 
specification.

(b) Lavatory Faucets and Faucet Accessories

    The Federal standard for lavatory faucets set a maximum flow rate 
of 2.2 gallons per minute (gpm). The EPA released the High-Efficiency 
Lavatory Faucet Specification on October 1, 2007, which set a maximum 
flow rate of 1.5 gpm and established criteria to evaluate performance. 
WaterSense has not revised the specification since its initial release. 
The specification currently establishes criteria for lavatory faucets 
and faucet accessories (e.g., flow restrictors, flow regulators, 
aerator devices, laminar devices). To date, manufacturers have produced 
more than 18,000 WaterSense labeled lavatory faucet and accessory 
models.
    As part of its review of the lavatory faucets and accessories 
specification, the EPA considered whether to reduce the maximum 
allowable flow rate criteria to improve water efficiency beyond the 
current WaterSense specification. The EPA also considered whether to 
expand the scope of the specification to accommodate other faucet 
types, including residential kitchen faucets and metering faucets as 
requested by manufacturers over the last several years.
Findings
    To date, five states and multiple municipalities throughout the 
United States have adopted regulations mandating that lavatory faucets 
have a flow rate of 1.5 gallons per minute (gpm) (5.7 liters per minute 
[lpm]) or less, consistent with the WaterSense specification. Further, 
unlike tank-type toilets where states have adopted efficiency 
regulations at the WaterSense level, some states have established 
regulations setting flow rates lower than the WaterSense flow rate 
maximum for lavatory faucets. As of July 1, 2016, California requires 
lavatory faucets to have a flow rate of 1.2 gpm [4.5 lpm] or less. 
Washington and Hawaii subsequently enacted similar efficiency 
regulations for lavatory faucets, which take effect in 2021.
    The EPA has not been made aware of any performance issues related 
to lavatory faucets flowing at 1.0 or 1.2 gpm. As part of its initial 
specification development, the EPA established a minimum flow rate 0.8 
gpm [3.0 lpm] at 20 psi to ensure user satisfaction with WaterSense 
labeled lavatory faucets and faucet accessories across a range of 
potential household water pressures. The EPA needs to further evaluate 
available data and information to determine if a different minimum flow 
rate is appropriate and if it will meet customer expectations.
    Five states throughout the United States, including California, 
have adopted regulations mandating that residential kitchen faucets 
have a maximum flow rate of 1.8 gpm [6.8 lpm] or less--nearly 20 
percent lower than the current national standard with the option to 
have an override that allows the faucet to temporarily flow up to 2.2 
gpm [8.3 lpm] for pot filling. Compliant products in California are 
listed on the California Modernized Appliance Efficiency Database 
System (MAEDBS).
    The EPA would need to evaluate multiple performance considerations 
as part of the specification development process for residential 
kitchen faucets should this product-type be added to the WaterSense 
program. Considerations include, but are not limited to, whether to 
incorporate a minimum flow rate and whether to allow a temporary 
override for pot filling. Further, as discussed below, a review of 
customer satisfaction data and data on the impacts of a change on 
consumer product choice would help provide a comprehensive evaluation 
of existing product performance for both lavatory and kitchen faucets. 
Based on these findings, the EPA has made the determination not to make 
changes to existing specifications for lavatory faucets.

(c) Showerheads

    The Federal standard for showerheads sets a maximum flow rate of 
2.5 gallons per minute (gpm). The EPA released the WaterSense 
Specification for Showerheads on March 4, 2010, which set a maximum 
flow rate of 2.0 gpm and established criteria to evaluate performance. 
WaterSense completed a minor revision to the specification, releasing 
Version 1.1 on July 26, 2018. To date, manufacturers have produced more 
than 9,300 WaterSense labeled showerhead models.
    As part of its review of the showerhead specification, the EPA 
considered whether to adjust the maximum flow rate criteria to improve 
water efficiency beyond the current WaterSense specification. The EPA 
also considered how any adjustment to the flow rate could have 
unintended consequences to public health and safety without the 
corresponding change to the overall infrastructure of the premise 
plumbing system.
Findings
    The EPA has observed market changes since the initial publication 
of the specification in 2010. To date, five states and multiple 
municipalities throughout the United States have

[[Page 20272]]

adopted regulations mandating that showerheads have a flow rate of 2.0 
gallons per minute (gpm) (7.6 liters per minute [pm]) or less, 
consistent with the WaterSense specification. In addition, as of July 
1, 2018, California requires showerheads to have a flow rate of 1.8 gpm 
[6.8 lpm] or less. Washington and Hawaii have subsequently enacted 
similar efficiency regulations for showerheads, which take effect in 
2021.
    To date, approximately 63 percent of WaterSense labeled showerheads 
(as defined by the American Society of Mechanical Engineers) have a 
maximum flow rate of 1.8 gpm or less, and 77 percent of models 
certified since 2017 have a maximum flow rate of 1.8 gpm or less.
    In public comments, some manufacturers expressed concern that 
reducing the maximum flow rate to 1.8 gpm or less would result in more 
consumer complaints. In addition, several stakeholders expressed 
caution regarding lowering the flow rate further without consideration 
of health and safety impacts, including waterborne opportunistic 
pathogens (e.g., Legionella), thermal shock, and scalding. While water 
conservation is only one of potentially many factors influencing water 
quality in premise plumbing, showers are one of the primary routes of 
exposure through which humans could encounter these waterborne 
pathogens. The two research studies the EPA is currently funding will 
provide more insight on the impacts of water conservation (lowering the 
flow rate) on public health.\6\ \7\
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    \6\ Drexel University, Pennsylvania State University and 
University of Colorado at Boulder. ``Water Conservation and Water 
Quality: Understanding the Impacts of New Technologies and New 
Operational Strategies.'' EPA Grant Number: R836880.
    \7\ Purdue University, Michigan State University, San Jose State 
University and Tulane University. ``Right Sizing Tomorrow's Water 
Systems for Efficiency, Sustainability, and Public Health.'' EPA 
Grant Number: R836890.
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    In addition, since the initial release of the specification, the 
plumbing industry has worked to harmonize the automatic-compensating 
mixing valve standard (ASSE 1016/ASME A112.1016/CSA B125.16 Performance 
requirements for automatic compensating valves for individual showers 
and tub/shower combinations) and the showerhead standard (ASME 
A112.18.1/CSA B125.1). This harmonization was completed to address 
incompatibilities of these plumbing system components and to ensure 
products are marked and packaged consistently to educate consumers and 
plumbing professionals on thermal shock and scalding risks. As part of 
its specification review, the EPA received comments that thermal shock 
and scalding pose a greater risk at lower showerhead flow rates. 
However, one water utility stated that thousands of higher-efficiency 
(i.e., 1.5 gpm or less) showerheads have been given away by California 
energy providers without complaints or reported incidents related to 
thermal shock and scalding.
    Based on its findings, the EPA has decided to make no changes to 
the product specification. In any future review, as discussed below, 
the EPA will consider information from the two ongoing studies and data 
on consumer satisfaction.

(d) Flushing Urinals

    The Federal standard for urinals sets a maximum flush volume of 1.0 
gallons per flush (gpf). The EPA released the WaterSense Specification 
for Flushing Urinals on October 8, 2009, which set a maximum flush 
volume of 0.5 gpf and established criteria to evaluate performance. 
WaterSense has not revised the specification since its initial release. 
To date, manufacturers have produced more than 700 WaterSense labeled 
product models--including flush devices, fixtures, and urinal systems 
(combinations of urinal flushing devices and fixtures).
    As part of its review of the flushing urinals specification, the 
EPA considered whether to adjust the maximum allowable flush volume 
criteria to improve water efficiency beyond the current WaterSense 
specification, taking into account the potential impact this may have 
on the plumbing system and drain line performance. The EPA also 
considered whether to expand the scope of the specification to include 
either non-water urinals or non-water urinals with a drain-cleansing 
action.
Findings
    To date, six states and multiple municipalities throughout the 
United States have adopted regulations mandating that urinals have a 
flush volume of 0.5 gallons per flush (gpf) (1.9 liters per flush 
[lpf]) or less, consistent with the WaterSense specification. As of 
January 1, 2016, California requires wall-mounted urinals to have a 
flush volume of 0.125 gpf [0.5 lpf] or less, although non-wall mounted 
urinals can have a flush volume up to 0.5 gpf. Washington enacted 
similar efficiency regulations for urinals, which take effect starting 
in 2021.
    A report commissioned by PMI estimates that the market penetration 
of WaterSense labeled models is as low as 2 percent of all models 
currently installed.\8\
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    \8\ GMP Research Inc, June 2019. 2019 U.S. WaterSense Market 
Penetration. A GMP Research Industry Report commissioned by PMI.
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    While some states and municipalities have chosen to move forward 
with promoting more efficient urinals, several stakeholders, including 
water utilities, raised concerns in written comments about the efficacy 
and performance of ultra-high-efficiency (i.e., 0.125 gpf) urinals and 
non-water urinals, particularly in retrofit applications where a 
building's plumbing system was not designed for lower flows. As part of 
its specification review, the EPA was not able to identify any new 
research that assessed the impacts of flow rate on urinal performance, 
although it is aware of one study that is ongoing in Austin, Texas that 
intends to evaluate the impacts of flow rate and water quality on 
urinal and drain line performance. The study is also looking into the 
excessive build-up of struvite, a common reason for drain line 
blockages, and the odor associated with low flow and non-water urinals. 
The EPA learned during the review that consumer dissatisfaction of 
drain line blockages and odor have led to product replacements of low 
flow and non-water urinals. More information is needed to understand 
the scope of these consumer concerns and if other concerns exist.
    With this specification review, the EPA did not receive sufficient 
data or information to suggest that it should incorporate non-water 
urinals into the WaterSense urinals specification.
    The EPA has made the determination not to make changes to existing 
specifications. The EPA will monitor ongoing research on flushing 
urinals and other types of urinals available now or entering the 
marketplace. If information becomes available that provides more data 
on the efficacy of ultra-high-efficiency (i.e., 0.125 gpf) urinals, 
non-water urinals, and non-water urinals with a drain-cleansing action, 
the EPA would consider this information in any future review. Further, 
as discussed below, a review of customer satisfaction data and data on 
the impacts of a change on consumer product choice would help provide a 
complete comprehensive evaluation of existing product performance.

(e) Weather-Based Irrigation Controllers

    The EPA released the WaterSense Specification for Weather-Based 
Irrigation Controllers on November 3, 2011. There are no Federal 
standards for this product category. While the EPA

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has not revised this specification since its publication, WaterSense 
has issued several technical clarifications in the intervening years to 
better define the requirements. The specification applies to stand-
alone controllers, add-on devices, and plug-in devices (collectively 
referred to in the specification as controllers) that use weather data 
as a basis for scheduling irrigation.
    Weather-based irrigation controllers currently on the market 
either: (1) Utilize onsite weather sensors; (2) receive a weather 
signal from a local weather station(s); or (3) use both to schedule 
irrigation to meet plant needs. To date, manufacturers have produced 
nearly 800 WaterSense labeled weather-based irrigation controller 
models.
    As part of its review of the weather-based irrigation controller 
specification, the EPA considered whether a significant growth in the 
market for these products and a shift to cloud-based products would 
benefit from a revision to the specification. Specifically, the EPA 
considered whether to revise the test method used to determine product 
performance. The EPA also considered whether to revise the supplemental 
capability requirements and/or product packaging and labeling 
requirements.
    The EPA acknowledges that there has been a significant increase in 
both the number of brands of weather-based irrigation controllers on 
the market, as well as the number of labeled models since the 
specification was published in 2011. Further, due to technological 
advancements in the industry, there has been a shift to cloud-based 
products that make use of smartphones and smart home devices. Many 
manufacturers and other stakeholders currently in the marketplace were 
not in existence and able to participate in specification development 
prior to 2011, so WaterSense aimed to ensure their input was received 
during the specification review process. The EPA has evaluated the 
specification, as described below, in light of this market growth to 
ensure the specification developed in 2011 is still relevant for 
products entering the market today.
Findings
    While market growth has been significant since the release of the 
specification, WaterSense estimates that less than 10 percent of 
existing irrigation systems installed in the United States have a smart 
irrigation control technology,\9\ or those that alter irrigation 
schedules based on weather or soil moisture data. Because the remaining 
90 percent of the market available for transformation will likely move 
towards smart irrigation control technology, stakeholders, including 
both utilities and manufacturers, were not in favor of revising the 
specification.
---------------------------------------------------------------------------

    \9\ Schein, Letschert, Chan, Chen, Dunham, Fuchs, McNeil, 
Melody, Stratton, and Williams. 2017. Methodology for the National 
Water Savings and Spreadsheet: Indoor Residential and Commercial/
Institutional Products, and Outdoor Residential Products. Lawrence 
Berkley National Laboratory. Table A-4. Schein et al. describes the 
detailed technical approach to WaterSense's stock accounting 
practice for irrigation products using values available as of the 
publication date. As it is the EPA's practice to continuously update 
its work as data become available, the values referenced here are 
for the 2018 analysis, the most recent year available.
---------------------------------------------------------------------------

    The EPA also asked stakeholders during the specification review 
process whether the supplemental capability requirements included in 
the current version of the specification remained relevant for products 
entering the market today. The EPA received no feedback during the 
public comment period, stakeholder webinars or targeted outreach 
indicating that any of these requirements should be removed. Two 
commenters expressed concern over products being able to be easily 
switched to or operate in standard mode.
    The EPA has made the determination not to make changes to existing 
specifications. The EPA will continue to participate in the American 
Society of Agricultural and Biological Engineers (ASABE) X627 
Environmentally Responsive Landscape Irrigation Control Systems 
standard development process. In addition, as discussed below, the EPA 
will consider data received on customer satisfaction and the impact of 
a consumer product choice in its review of product performance in any 
future review.

V. Request for Information on Consumer Satisfaction

    As the EPA developed the framework for the WaterSense program to 
provide opportunities for additional water savings, the WaterSense 
program established a goal that labeled products should use at least 20 
percent less water than standard products. The program includes 
efficiency criteria in its specifications to assess products for water 
use. Additionally, the program set a goal that labeled products should 
perform as well as or better than regular models and included 
performance criteria in its specifications to assess performance.
    WaterSense has included strong performance requirements in its 
specifications and used independent organizations to certify that 
labelled products meet the EPA criteria. The Agency is seeking to 
better understand consumer satisfaction with the performance of 
existing labelled products and whether further changes to the 
specifications could impact consumer satisfaction. The Agency is also 
exploring ways that it could collect additional information on consumer 
satisfaction through its own consumer survey or surveys to inform 
future decision-making. Understanding consumer satisfaction is 
important to the EPA as the Agency seeks to ensure that our performance 
criteria review is in fact ensuring that labelled products are meeting 
the same standards as products on the market before the WaterSense 
label was adopted. This request for information will also help the 
program identify performance issues it may be able to correct by 
including new, or revising existing, performance criteria in its 
product specifications.
    WaterSense has an ongoing dialogue with program partners (described 
in Section II of this document) about the program. In order to more 
fully assess consumer satisfaction, WaterSense is working with its 
program partners to identify any data, surveys, or studies that have 
assessed consumer satisfaction with labeled products but recognizes 
that additional information may exist. WaterSense does not currently 
collect information on the purchase of individual products, but some of 
its program partners and other parties may have information to help the 
EPA evaluate whether consumers are satisfied with water-efficient 
WaterSense labeled products. For example, retail partners or 
manufacturers may have information on whether WaterSense labeled 
products are returned at a proportionally greater or lower rate than 
non-labeled products or other indications of consumer satisfaction. 
Water utilities and local governments which provide rebates for 
WaterSense labeled products may have information to assess whether 
their customers who received rebates are satisfied with their purchase. 
However, there may be non-partners who can also provide responsive 
information. Specifically, the EPA is requesting information on any 
data, surveys, or studies that have assessed consumer satisfaction with 
WaterSense labeled or standard products.
    Understanding consumer satisfaction is important to the EPA as the 
Agency seeks to ensure that our performance criteria review is in fact 
ensuring that labelled products are meeting the performance 
expectations of the consumer. With this action, the EPA is

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requesting input on ways it could better understand and collect 
information on consumer satisfaction with WaterSense labelled products 
as the EPA continues to evaluate considerations relating to system 
performance, health, and safety. Specifically, the EPA is seeking input 
on how it could design a study or studies for use in future reviews 
that incorporate customer considerations. For example, we are 
interested in input on how we could use a survey or surveys to 
determine what type of products consumers would like to see on the 
market, the performance attributes that are important to consumer 
choice and satisfaction, the range of performance customers are seeking 
in those attributes, and what additional features or options related to 
efficiency consumers would like to see in WaterSense products. The EPA 
is also interested in input on the collection method, frequency, and 
source of the information as we seek to balance any burden the 
collection would impose on the public with the usefulness the 
information would provide the Agency.
    Lastly, the EPA seeks input on whether there are specific consumer 
satisfaction considerations, test methods, or additional criteria it 
should consider adding to the WaterSense guidelines.

    Dated: April 7, 2020.
Andrew D. Sawyers,
Director, Office of Wastewater Management.
[FR Doc. 2020-07602 Filed 4-9-20; 8:45 am]
 BILLING CODE 6560-50-P


