Memorandum Could End Federal Water Efficiency Standards

WASHINGTON, DC — On May 9th, the White House issued a memorandum to the Secretaries of Energy and the Interior, and the Deputy Assistant to the President and the Director of the Office of Legislative Affairs directing them to rescind — or, as appropriate, amend to revert to the standards required by statute—a host of energy and water regulations for faucets, showerheads, water closets, urinals and dishwashers.

The memorandum, titled “Rescission of Useless Water Pressure Standards,” accuses water efficiency standards with creating a class of products that are more expensive, more breakable and less useful, all of which works to create a burden for American consumers. The memorandum refers to the legislation and regulation behind such standards as, “unnecessary radical green agenda policies.”

Lastly, the memorandum requests recommendations to submit legislation before Congress that would rescind a wide swath of federal energy conservation standards, even going so far as to repeal the Energy Policy Act of 1992 in its entirety.

This is not the first time a Trump Administration has sought to repeal water standards. In December 2019, after meeting with small business owners, Trump ordered a federal review of water efficiency standards pertaining to bathroom fixtures. The first Trump Administration also famously repealed the Clean Water Rule and rewrote the EPA's pollution-control policies.

Most of these standards were later put back in place by the Biden Administration.

Reaction from the AWE

The Alliance for Water Efficiency is a nonprofit organization dedicated to promoting sustainable water use. The Alliance’s network of over 500 organizational members works through research, education and advocacy to promote water management policies that save money, strengthen communities and preserve the environment.

Ron Burke has served as President and CEO of the AWE since 2021. He finds the memorandum, “disappointing, but not terribly surprising.”

Burke is quick to note that the memorandum, while a clear signal of intention, has yet to actually create any changes in policy. Also, if standards were to change, it would still be months or years before manufacturers would begin producing those higher-flow, less efficient faucets, showerheads, urinals and toilets, even if they chose to do so (which many might not). Additionally, most state and local water efficiency standards would remain unchanged.

Still, if those changes did come into effect, it would mean higher water bills for millions of Americans, along with stressed water systems. “We have communities all around the country that are struggling already to meet water demand,” Burke says, “and that challenge would only be exacerbated by the introduction of less efficient appliances and fixtures… so that's worrisome.”

Many municipalities across the Southwestern states have had to deal with water scarcity, but even areas that have not historically faced scarcity are now having to cope with a groundwater supply that is being depleted faster than it is being replenished. Saltwater intrusion in the nation’s coastal communities is becoming a more significant problem with every passing year. Sensible water management is a national concern—not a regional one.  

“Moving the marketplace away from water efficient products and appliances is not good for anyone," Burke says. “It's not good for our pocketbooks, not good for communities that really struggle to provide adequate water supplies, and, ultimately, it's not good for the environment either.”

The struggle between the administration and water efficiency advocates will probably continue to play out in Congress and the courts. CONTRACTOR will continue to report on this story as it develops.