DOE hints of final ruling in October.
The firestorm caused by the U.S. Department of Energy’s
proposal to re-define showerheads as shower valves may have an end in sight.
Plumbing
Manufacturers Institute Executive Director
Barbara
Higgens told pme this
week an article published earlier this month in Congressional Quarterly Weekly reveals a possible date when DOE
will announce its final ruling.
In
the piece titled “DOE Climbs in the Shower to Check the Pressure” DOE General
Counsel
Scott Blake Harris
says he expects the definition change to be formalized by October.
Higgens
remains unenthused with the showerhead re-definition situation, but did see a
small ray of light in the article in terms of how the elderly and disabled will
be impacted.
In
addition to announcing the possible October date, Harris also noted in the
article that the language will make an exception for the elderly and the disabled.
“We
think that’s in direct reference to our letter-writing regarding the aging in
place population and the physically challenged,” Higgens said. “We’re not
thrilled about this, but it’s a dent. The good news, kind of, is they are
listening. It looks like they are reacting to what we sent them.”
A
DOE spokeswoman did not immediately return a message left by pme seeking an update on the situation.
Higgens
said her organization is going to continue to push forward against the
proposal, which would allow only a single showerhead using no more than 2.5
gallons of water per minute per showering compartment.
“We’re going to
continue to gather economic impact data and we’re looking at pursuing
challenges on a procedural level” she said. “We’re not happy with this change
and we’re not happy with the way in which they did it (quietly publishing it in
the Federal Register). It was
informal and done in a quick timeframe rather than going through the full
rulemaking procedure (the article does mention the plumbing industry’s
disapproval of the process).”
Higgens released a pointed official response to the article, which is listed below:
“We are
concerned to learn that DOE General Counsel Scott Blake Harris told the Congressional Quarterly in a story
released this week on Monday’s federal Independence Day holiday that the new
interpretive rule could be formalized by as early as October,” Higgens wrote.
“If adopted, the proposal would effectively ban all existing shower systems
with multiple showerheads, prevent consumer choice when additional outlets are
needed for therapeutic uses and prevent millions of baby-boomers and other
Americans from building and remodeling to meet their parents’ and their own
aging-in-place needs. In addition, DOE’s characterization of the proposed
interpretive rule change as a ‘mere clarification’ ignores the very real
implications including an estimated $400 million negative impact on the
plumbing industry in today’s volatile economy.
“Government
does not belong behind the shower curtains of millions of Americans. We hope
that the information presented in the CQ
article does not represent DOE’s final position. The severely abbreviated
30-day comment period permits the agency to recognize only two groups-the
elderly and the disabled-that they intend to consider for an exception. There
are likely other groups out there who will never have the opportunity to come
forth and be heard unless DOE utilizes the more rigorous full
notice-and-comment rulemaking procedure.”
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