Headquarters

800 Roosevelt Rd., Bldg . C, Suite 20

Glen Ellyn , IL 60137-5833

708/858-9172

Facsimile 708 /790-3095

Plumbing

Manufacturers

Institute

Government Affairs

1655 North Fort Myer Drive, Suite 700

Arlington, VA 22209

703/351-5295

February 7, 1994

Mr. William W. Hui

Office of Codes and Standards

U.S. Department of Energy

1000 Independence Avenue, S.W_

Washington, D.C. 20585

Dear Bill:

The Plumbing Manufacturers Institute (PMI) is pleased to provide you with

two definitions on the plumbing industry to help the Department of Energy

(DOE) with its interim final rule to implement the ''Energy Policy Act of 1992".

The definition of "commercial'' is: All buildings except one and two family

houses, apartments, and condominiums except for public rest rooms therein."

The definition of "electromechanical (hydraulic) water closet" is as follows:

Any water closet that utilizes electrically operated devices, such as, but

not limited to, air compressors, pumps, solenoids, motors, or macerators in

place of, or, to aid gravity in evacuating waste from the toilet bowel."

On the issue of a sampling plan, PMI does not believe there is any need for

DOE to adopt a new one which differs from what the department now follows

in Section 10.430 of the CFR on the "Energy Policy and Conservation Act" for

other "covered products" and only when alleged violations have been cited.

In addition, our members have asked PMI to present the following questions

to DOE regarding the proposed interim final rule and how it will be enforced.

1. When should the product compliance statement be sent to the department'?

2. Does DOE plan to have the compliance statement cover each product or

just each "basic model", i.e. a group of similar products? PMI assumes it

means basic model. Please provide us with DOE's views particularly as these

relate to how existing covered products were handled under the original law.

3. How does DOE plan to address the dual inventory problem, i.e. those 3-5

gpf commercial water closets manufactured in this country after January

1, 1994, but intended for sale outside the United States'? Do manufacturers

have to mark "Commercial Use. Only" on the product? PMI assumes they do

not, as the water closet is not intended for domestic sale or installation.

The National Trade Association of Plumbing Products Manufacturers

 EE-DET-94-003 COMMENT 15

Plumbing 

Manufacturers 

Institute 

Mr. William W. Hui 

Office of Codes and Standards 

U.S. Department of Energy 

1000 Independence Avenue, S.W. 

Washington, D.C. 20585 

Dear Bill: 

I~ Headquarters 

800 Roosevelt Rd., Bldg. C, Suite 20 

Glen Ellyn, IL 60137·5833 

708/858·9172 

Facsimile 708/790·3095 

Government Affairs 

1655 North Fort Myer Drive, Suite 700 

Arlington, VA 22209 

703/351·5295 

February 7, 1994 

The Plumbing Manufacturers Institute (PMI) is pleased to provide you with 

two definitions on the plumbing industry to help the Department of Energy 

(DOE) with its interim final rule to implement the "Energy Policy Act of 1992". 

The definition of "commercial" is: "All buildings except one and two family 

houses. apartments. and condominiums except for public rest rooms therein." 

The definition of "electromechanical (hydraulic) water closet" is as follows: 

"Any water closet that utilizes electrically operated devices. such as. but 

not limited to, air compressors, pumps. solenoids. motors, or macerators in 

place of. or. to aid gravity in evacuating waste from the toilet bowel." 

On the issue of a sampling plan. PMI does not believe there is any need for 

DOE to adopt a new one which differs from what the department now follows 

in Section 10.430 of the CFR on the "Energy Policy and Conservation Act" for 

other "covered products" and only when alleged violations have been cited. 

In addition. our members have asked PMI to present the following questions 

to DOE regarding the proposed interim final rule and how it will be enforced. 

1. When should the product compliance statement be sent to the department? 

2. Does DOE plan to have the compliance statement cover each product or 

just each "basic model", i.e. a group of similar products? PMI assumes it 

means basic modeL Please provide us with DOE~s views particularly as these 

relate to how existing covered products were handled under the original law. 

3. How does DOE plan to address the dual inventory problem, i.e. those 3.5 

gpf commercial water closets manufactured in this country after January 

1. 1994. but intended for sale outside the United States? Do manufacturers 

have to mark "Commercial Use Only" on the product? PMI assumes they dc, 

not. as the water closet is not intended for domestic sale or installation. 

The National Trade Association of Plumbing Products Manufacturers 
Without some clarification from DOE and/or the FTC, manufacturers would

have to segregate their production lines according to product destination

so that all fixtures can be properly marked. This would create disruption

to the normal production process, take time and increase operating costa.

PHI recognizes the FTC has the primary authority and sole responsibility to

enforce all marking and labeling rules related to the "Energy Policy Act of

1992 for plumbing products. Nevertheless. DOE has responsibility related

to the "Commercial Use Only label for 3.5 gpf toilets. Thus, the issues

raised in question three need to be jointly addressed by DOE and the FTC.

PHI would appreciate the opportunity to soon review the initial draft of the

interim final rule, once it has received internal clearance by your office.

This would enable the plumbing industry to provide DOE with guidance arid

information which the department may find useful in drafting its final rule.

We would also be glad to meet you to discuss any issues about the plumbing

industry. Thanks for your timely response to the questions raised in this

letter, and call me at (703)-351-5295 if you would like to get together.

Sincerely,

David F. Martin

Director, Government Affairs

PHI IR File 94-22

 EE-DET-94-003 COMMENT 15

Without some clarification from DOE and/or the FTC, manufacturers would 

have to segregate their production lines according to product destination 

so that all fixtures can be properly marked. This would create disruption 

to the normal production process, take time and increase operating costs. 

PMI recognizes the FTC has the primary authority and sole responsibility to 

enforce all marking and labeling rules related to the "Energy Policy Act of 

1992" for plumbing products. Nevertheless, DOE has responsibility related 

to the "Commercial Use Only" label for 3.5 gpf toilets. Thus, the issues 

raised in question three need to be jointly addressed by DOE and the FTC. 

PMI would appreciate the opportunity to soon review the initial draft of the 

interim final rule, once it has received ~ internal clearance by your office. 

This w'ould enable the plumbing industry to provide DOE with guidance and 

information which the department may find useful in drafting its final rule. 

We would also be glad to meet you to discuss any issues about the plumbing 

industry. Thanks for your timely response to the questions raised in this 

letter. and call rrie at (703)-351-5295 if you would like to get together. 

Sincerely, 

David F. Martin 

Director. Government Affairs 

PMI IR File 94-22