AGENDA 

### U. S. DEPARTMENT OF ENERGY OFFICE OF ENERGY EFFICIENCY AND RENEWABLE ENERGY PUBLIC HEARING ON TEST PROCEDURES AND CERTIFICATION

REQUIREMENTS FOR PLUMBING PRODUCTS; AND CERTIFICATION REQUIREMENTS FOR RESIDENTIAL APPLIANCES

PLACE OF HEARING: ROOM 1E-245 FORRESTAL BUILDING 1000 INDEPENDENCE AVENUE, SW WASHINGTON, DC 20585 TELEPHONE: (202) 586-7574 TELEFAX: (202) 586-4617 DATE AND TIME: TUESDAY, APRIL 1, 1997 9:00 A.M. - 5:00 P.M.



### 1. PURPOSE OF THIS HEARING The purpose of this formal public hearing is to hear the views of interested persons on the proposed rule concerning test procedures and certification requirements for faucets, showerheads, water closets, and urinals; and to discuss other pertinent issues that may not have been addressed in the Notice. The Department will consider the views presented and comments submitted to guide its approach in the development of the Final Rule. All persons are given notice of the opportunity to attend this public hearing and to submit written comments.



### II. OPENING REMARKS AND INTRODUCTIONS

III. STRUCTURE AND TOPICS OF HEARING The agenda for today's hearing will be structured in a topic-by topic format. The Departmenthas reviewed the topics raised in statements by the scheduled speakers and believes a topic-totopic format would adhere to the process improvement rule concerning open communications and dialogues. The Department also believes this approach would prompt greater participation from interested persons, and to encourage them to provide the Department with as much pertinent information and views as can be reasonably obtained on each featured topic.

HEARING 1 3/31/97 (12:44 pin)The Department will introduce each topic, and present the background information

. Next, the

Department will invite each scheduled speaker to briefly summarize the key point of her or his prepared statement . The Department may ask questions after each statement and at other points during the discussion . At the end of all scheduled statements on each topic, the Department will invite participants to comment on the statements just presented and/or present her or his view on that topic. After discussion on a topic is completed , each participant will be permitted to briefly clarify her or his statement, and comment on statements made by others. When all agenda topics have been discussed , the Department will invite participants to comment on the remaining items described in "Other Issues." Next, the presiding officer will present closing remarks. Afterward , the audience will be invited to fill out an evaluation form before the public hearing adjourns.



### A. Faucet Standard Scheduled Speaker: AWWA The Energy Policy and Conservation Act, as amended (EPCA), prescribes statutory water conservation standard for faucets ( lavatory and kitchen ) at 2.5 gpm at 80 psig. EPCA also specifies that if ASME/ANSI Standard is amended to improve the efficiency of water use, the Secretary shall adopt the amended standard if it conforms to the basic statutory requirements of the law. Although the faucet standard was amended to 2.2 gpm at 60 psig in ASME/ANSI Standard A112.18. 1M-1994 , the Department concluded that incorporation was not required since the amended standard was theoretically equivalent to the statutory requirement. However, to accommodate requests for uniformity of a single standard in the industry, the Department agreed to adopt the amended faucet standard. In addition , ASME/ANSI Standard Al12.18.1M

- 1994 was updated and published as Al 12.18

. lM-1996

. However, the standard for faucets remains unchanged. [BILL HUI] 

### • The Department seeks comments on whether to adopt the amended standard for faucets contained in both ASME/ANSI Standards Al12.18.1M-1994 and Al12.18.1M-1996.
B. Statistical Sampling Plans for Certification Testing Scheduled Speaker: AWWA Statistical sampling plans are designed to give reasonable assurances that the true mean performance of the product being manufactured and sold meets or conforms to the Department ' s water consumption standard without imposing an unnecessary financial and test burden on the manufacturers

. In the proposed rule, the Department proposed statistical sampling plans for faucets and showerheads utilizing one-sided confidence limit at 95 percent

HEARING 2 3/31/97 ( 12:44 pm)with a 1.05 divisor, and for water closets and urinals, 90 percent at 1.10. [BILL HUI]

• The Department seeks comments on the proposed statistical sampling plans for faucets and showerheads, and water closets and urinals.

C. Certification Reporting Requirements for Plumbing Products Scheduled Speaker: IAPMO Plumbing products were added as covered products under EPCA. Since certification reporting requirements presently do not exist for plumbing products, the Department proposed such requirements for faucets, showerheads, water closets, and urinals in the Notice of Proposed Rule. Specifically, the Department proposed certification and reporting requirements similar to the Department's existing rules for appliances. The report for each basic model would include product type, product class, manufacturer's name, private labeler's name(s) if applicable, the manufacturer's model number(s), and water usage. [BILL HUI] • The Department seeks comments on the types of information required of manufacturers or their third party representatives for certifying compliance.
D. Faucets and Urinals Designed for Multiple Users Scheduled Speaker: IAPMO EPCA specified water conservation standards for plumbing products, including faucets and urinals. The Department believes that spray heads, which are installed in lavatory and designed for multiple users, are a form of faucets subject to the applicable faucet standard. The Department proposed that each independently-controlled orifice of a spray head, depending on its mode of actuation, shall not exceed the maximum flow rate for a lavatory or metering faucet. In addition, the Department proposed the maximum flow rate of a spray head with collectively-controlled orifices, depending on its mode of actuation, shall be prorated based upon 20 inches of rim space per lavatory. In addition, the Department received a letter from Kohler Co., dated February 7, 1997, regarding trough-type urinals. Kohler Co. believes that trough-type urinals are covered products under EPCA and requested that, in essence, it be allowed to satisfy compliance by prorating maximum water use based on 16 inches of urinal length per individual: [BILL HUI] • The Department seeks comments on spray heads and the proposal to prorate the maximum water consumption.

HEARING 3 3/31/97 (12:44 pin)• The Department seeks comments on trough-type urinals and the request to prorate the

maximum water consumption.

E. Test Procedures EPCA specified procedures for testing and measuring the water use of faucets and showerheads, and water closets and urinals to be ASME/ANSI Standards A112.18.1M-1989, and Al 12.19.6-1990, respectively, but that if ASME/ANSI revises these requirements, the Secretary shall adopt such revisions if they conform to the basic statutory requirements of the law. The Department proposed to adopt ASME/ANSI Standard Al 12.18. 1M-1994 for faucets and showerheads, and ASME/ANSI Standard Al 12.19.6-1990 for water closets and urinals. These standards have been updated and published as ASME/ANSI Standards Al 12.18.1M-1996 and Al 12.19.6-1995. [BILL HUI]• The Department seeks comments on whether to adopt ASME/ANSI Standards A112.18.1M1996 and Al12.19.6-1995 instead of ASME/ANSI Standards Al12.18.1M-1994 and Al 12.19.6-1990 as proposed. • The Department seeks comments on whether it referenced completely the sections concerning hydraulic performance in ASME/ANSI Standards Al12.18.1M-1994 and Al 12.19.6-1990.



### F. Other issues The Department seeks comments on the following issues: 1. The Department's proposal to have the plumbing industry submit metric equivalents on compliance certification. 2. Whether the proposed definitions of "basic models" for faucets, showerheads, water closets and urinals adequately delineate products with similar features or characteristics. (Pages 7837-7838) 3. The proposed modifications to the existing language to include plumbing products in the Code of Federal Regulations. (Page 7839) 

### 4. The proposed definition of "electromechanical hydraulic toilet." (Page 7839) 5. The proposed mathematical rounding rules and method to apply the rounding rules, and precision of reported results. (Pages 7839-7840)

HEARING 4 3/31/97 (12:44 pm)6. The proposed effective date to allow manufacturers to complete required testing and submit

the initial certification reports. (Page 7840) The proposal to extend existing enforcement procedures to plumbing products . (Page 7841) 

### 8. The proposed amendments to the existing certification reporting requirements for all residential appliances . (Pages 7841-7842) 9. Whether the proposed rule would cause significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act of 1980, and if so, the magnitude of such an impact and the number of small entities that would be impacted. (Pages 7842-7843) 10. Whether the proposed rule would cause an information collection and recording burden on the industry , and if so , the magnitude of this burden . (Pages 7843-7844) 11. Additional issues not addressed above.

IV. CLOSING REMARKS



### V. EVALUATION OF HEARING

VI. ADJOURNMENT

HEARING 3/31/97 ( 12:58 pni)