Rescission of Useless Water Pressure Standards
President Trump issued a memorandum directing the Secretary of Energy to rescind or amend regulations on water and energy use for various appliances, arguing they make appliances more expensive and less functional.
The memorandum also directs the Secretary to publish a notice clarifying a waiver of federal preemption of state regulations and instructs the preparation of recommendations for Congressional action to rescind relevant sections of law or the Energy Policy Act of 1992 entirely.
The president's directive is justified on the grounds of minimizing unnecessary regulatory burdens on taxpayers.
Arguments For
Reduced consumer costs: The memorandum argues that the water efficiency standards increase the cost of appliances and make them less functional, thus harming consumers.
Improved appliance functionality: The president claims that the standards make appliances less useful and more prone to breakage, improving neither energy or water savings.
Deregulation: The action reduces government regulation, aligning with a policy of less government intervention in the market.
Legislative Basis: The memorandum cites the president's constitutional authority and the laws of the United States as justification for the action.
Statutory Reversion: The memorandum directs the Secretary of Energy to revert standards to those required by existing statutes where feasible, implying a return to previously accepted thresholds.
Arguments Against
Environmental impact: Rescinding water efficiency standards could lead to increased water consumption and potential strain on water resources.
Energy consumption increase: Reduced water efficiency standards in appliances might indirectly lead to a larger energy consumption.
State preemption conflicts: The clarification of the waiver of federal preemption presents a potential for differing standards between states, and conflicts in regulation and enforcement.
Lack of long-term cost-benefit analysis: The memorandum does not appear to include a comprehensive analysis of the long-term costs and benefits of repealing water efficiency standards.
Public health concerns: Relaxed standards could affect public health, especially those related to hygiene and sanitation, though this is not expressly discussed in the memo.
MEMORANDUM FOR THE SECRETARY OF ENERGY THE SECRETARY OF THE INTERIOR THE DEPUTY ASSISTANT TO THE PRESIDENT AND DIRECTOR OF THE OFFICE OF LEGISLATIVE AFFAIRS
SUBJECT: Rescission of Useless Water Pressure Standards
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct:
Water conservation requirements for faucets, showers, bathtubs, and toilets — promulgated by the Department of Energy pursuant to the Energy Policy Act of 1992 (Public Law 102-486) — make bathroom appliances more expensive and less functional. “Efficiency” standards render other American appliances like clothes washers and dishwashers less useful, more breakable, and more expensive to repair. The Federal Government should not impose or enforce regulations that make taxpayers’ lives worse.
To address these unnecessary radical green agenda policies, I direct the Secretary of Energy to consider using all lawful authority to rescind — or, as appropriate, amend to revert to the standards required by statute — the regulations found in 10 C.F.R. 430.32(f), relating to water and energy use in dishwashers; 10 C.F.R. 430.32(o), relating to water use in faucets; 10 C.F.R. 430.32(p), relating to water use in showerheads; 10 C.F.R. 430.32(q), relating to water use in water closets; 10 C.F.R. 430.32(r), relating to water use in urinals; the definitions of “automatic clothes washer,” “clothes washer,” “dishwasher,” “faucet,” “other clothes washer,” “semi-automatic clothes washer,” “urinal,” and “water closet” contained in 10 C.F.R. 430.2; the residential washing machine efficiency standards contained in 10 C.F.R. 430.32(g); and the commercial washing machine efficiency standards contained in 10 C.F.R. 431.156.
Furthermore, I direct the Secretary of Energy to publish in the Federal Register a notice clarifying the Waiver of Federal Preemption of State regulations covered by the application of “Energy Efficiency Program for Consumer Products: Waiver of Federal Preemption of State Regulations Concerning the Water Use or Water Efficiency of Showerheads, Faucets, Water Closets and Urinals,” 75 Fed. Reg. 80289 (December 22, 2010).
I further direct the Secretary of Energy not to enforce any of the regulatory provisions listed in this memorandum, pending rescission or reversion of such provisions; the provisions of 42 U.S.C. 6295(j) and (k); or energy and water efficiency standards for washing machines, including the provisions in 42 U.S.C. 6295(g) and 42 U.S.C. 6313(e).
Finally, I direct the Secretary of Energy and the Deputy Assistant to the President and Director of the Office of Legislative Affairs to jointly prepare and submit recommendations to the President, within 60 days of the date of this memorandum, through the Chair of the National Energy Dominance Council, for the Congress to rescind, insofar as each relates to the subject matter of this memorandum, 42 U.S.C. 6295(g), (j), (k), and (o) and 42 U.S.C. 6313(e), or to repeal the Energy Policy Act of 1992 in its entirety.
This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
This presidential memorandum addresses water conservation standards for various household appliances as set by the Department of Energy.
The president cites concerns that existing standards increase appliance costs and reduce their functionality.
The memorandum directs the Secretary of Energy to take steps to rescind or amend these standards, clarify a federal preemption waiver, cease enforcement of specific provisions, and propose legislative action to either rescind related statutes or repeal the Energy Policy Act of 1992 in its entirety.
The final paragraph is a standard disclaimer limiting the legal enforceability of the memorandum.