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 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

GovernmentAffairs 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) withits interimfinal 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 forpublicrest 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, aircompressors, 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 Section10.430 of the CFR onthe "Energy Policy andConservationAct" 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 theproposed interim final rule and how itwillbe enforced. 1. When should theproduct compliance statementbe sentto the department? 2. Does DOE plan to have the compliance statement cover eachproduct or just each "basic model", i.e. a group of similar products? PMI assumes it means basicmodeL Pleaseprovideus with**DOE~s** viewsparticularlyas these relate tohowexistingcoveredproducts werehandledunderthe 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 intendedfor 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 ManufacturersWithout 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 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 productionprocess, take time and increase operating costs. PMI recognizesthe FTChas theprimary authority andsoleresponsibility 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 addressedby DOE and the FTC. PMI wouldappreciate the opportunity to soonreviewthe initialdraft ofthe 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 informationwhich the department may finduseful 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