04-15-2025

Maintaining Acceptable Water Pressure in Showerheads

Executive OrderView the Original .pdf

The 1-Minute Brief

What: Executive Order 14264, titled "Maintaining Acceptable Water Pressure in Showerheads," directs the Department of Energy to repeal a 2021 regulation that defines how water flow is measured in showerheads. Repealing the rule would likely allow manufacturers to produce new shower fixtures with multiple nozzles that, combined, could exceed the current federal water-use limit.

Money: There is no official cost analysis for this executive order. However, the Department of Energy previously estimated that the standard being repealed saves households approximately $38 per year on utility bills. Environmental and consumer groups argue that national appliance standards save consumers billions on energy and water bills collectively.

Your Impact: For most Americans with standard, single-nozzle showerheads, there will be no immediate change. Consumers in the market for new, high-end shower systems with multiple nozzles may find more high-flow options available. Using such a showerhead would likely increase household water and energy consumption, leading to higher utility bills.

Status: The Executive Order was signed by the President on April 9, 2025. It directs the Secretary of Energy to publish a notice in the Federal Register to rescind the previous rule.


What's Actually in the Bill

This executive order is a directive from the President to a federal agency. Its core function is to eliminate a specific regulation governing water conservation standards for showerheads.

Core Provisions:

  • The order directs the Secretary of Energy to formally rescind the regulation titled "Energy Conservation Program: Definition of Showerhead," which was published on December 20, 2021.
  • This action specifically targets the legal definition of "showerhead" located in the Code of Federal Regulations at 10 C.F.R. 430.2.
  • The order explicitly states that the standard public "notice and comment" period, usually required for changing federal rules, is "unnecessary because I am ordering the repeal."
  • The rescission is mandated to become effective 30 days after the official notice is published in the Federal Register.

Stated Purpose (from the Sponsors):

The order states its purpose is to combat "overregulation," which it claims "chokes the American economy and stifles personal freedom."

  1. It aims to end what it calls the "Obama-Biden war on showers" by repealing multi-thousand-word regulations that defined the term "showerhead."

Key Facts:

Affected Sectors: Consumer Appliances, Plumbing Manufacturing, Home Construction.
Timeline: The repeal is set to take effect 30 days after the notice's publication, scheduled for April 15, 2025.
Scope: The order has a national scope, affecting the standards for all new showerheads sold in the United States.


The Backstory: How We Got Here

The debate over showerhead water flow is part of a larger, decades-long conversation about appliance efficiency standards in the United States.

Timeline of Events:

The Foundation (1990s):

In response to growing concerns about water and energy scarcity, the U.S. Congress passed the Energy Policy Act of 1992. Signed into law by President George H.W. Bush, this bipartisan legislation set the first federal water conservation standard for showerheads, limiting the maximum flow rate to 2.5 gallons per minute (GPM). The goal was to reduce national water and energy consumption significantly.

The Clarification (2013):

As plumbing technology evolved, manufacturers began to sell shower fixtures with multiple nozzles or "body sprays." This created ambiguity. In 2013, the Obama administration's Department of Energy finalized a rule to clarify the 1992 law, defining the "showerhead" as the entire fixture. This meant the 2.5 GPM limit applied to the total combined flow of all its nozzles.

The First Reversal (2020):

During his first term, President Trump, who frequently complained about low water pressure, directed his Department of Energy to change the rule. In December 2020, the administration finalized a new definition that applied the 2.5 GPM limit to each individual nozzle. This effectively meant a fixture with four nozzles could use up to 10 gallons of water per minute.

The Restoration (2021):

The Biden administration reversed course again. In December 2021, the Department of Energy reinstated the Obama-era definition, applying the 2.5 GPM cap to the entire fixture collectively. It is this 2021 rule that Executive Order 14264 directs to be repealed.

Why Now? The Political Calculus:

  • This executive order is consistent with the administration's broader goal of reducing federal regulations, particularly those affecting energy and manufacturing.
  • The President has personally made appliance efficiency standards a recurring theme, often citing his dissatisfaction with the performance of water fixtures.
  • The action is framed as a move to protect "consumer choice" and push back against government overreach, a message that is popular with the administration's political supporters.

Your Real-World Impact

The Direct Answer: This directly affects a specific group: consumers looking to purchase new, high-end, multi-nozzle shower systems and the companies that manufacture them.

What Could Change for You:

Potential Benefits:

  • Consumers who prefer a higher-volume shower experience may have more product options to choose from when shopping for new fixtures.
  • It may spur innovation in the design of high-end shower systems.

Possible Disruptions or Costs:

Short-term (First 1-2 years):

  • There is no impact on your existing showerhead. Most showerheads on the market already comply with the 2.5 GPM standard and perform well, so the selection for average consumers is unlikely to change.

Long-term:

  • If you purchase and install a new multi-nozzle, high-flow showerhead, you will see an increase in your monthly water and energy (for water heating) bills.
  • A nationwide move away from such conservation standards could put additional strain on water supplies, particularly in regions prone to drought.

Who's Most Affected:

Primary Groups: Manufacturers of plumbing and appliance fixtures, home builders, and kitchen and bath remodelers.
Secondary Groups: Water and energy utilities, environmental organizations, and water conservation advocates.
Regional Impact: The practical effects may be more significant in states like California, Colorado, and New York, which have their own stricter water conservation laws.

Bottom Line: For the average person, this order will have little to no tangible impact, but for those who choose to buy newly-allowed high-flow showerheads, it will mean higher water and energy bills.


Where the Parties Stand

Republican Position: "Restoring Consumer Choice"

Core Stance: The federal government should not impose efficiency standards that compromise product performance and limit consumer freedom.

Their Arguments:

  • ✓ The order reduces the power of federal bureaucrats and returns decision-making to the consumer.
  • ⚠️ Some appliance manufacturers have previously expressed a preference for a single, clear national standard to avoid a patchwork of state-level regulations.
  • ✗ Opposes regulations perceived as the "Obama-Biden war on showers," viewing them as unnecessary government intrusion into the home and marketplace.

Legislative Strategy: Using executive authority to direct agencies to repeal regulations deemed burdensome or unlawful, often bypassing the lengthy notice-and-comment process.

Democratic Position: "Commonsense Energy Savings"

Core Stance: Federal appliance and water efficiency standards are a proven, commonsense tool to save consumers money and conserve natural resources.

Their Arguments:

  • ✓ These standards provide significant financial savings to American households through lower utility bills and reduce the nation's overall energy and water consumption.
  • ⚠️ Argue that modern, efficient showerheads can provide a satisfying shower while still conserving water, making the rollback unnecessary.
  • ✗ Oppose regulatory rollbacks that increase energy consumption and could worsen the impact of droughts in many parts of the country.

Legislative Strategy: Defending existing standards in the executive branch and preparing legal challenges to repeals that do not follow established administrative procedures.


Constitutional Check

The Verdict: ⚠️ Questionable

Basis of Authority:

The President issues this order under his authority from the Constitution and U.S. laws. The power for the Department of Energy to regulate showerheads comes from the Energy Policy and Conservation Act (EPCA), passed by Congress.

The Administrative Procedure Act (APA), 5 U.S.C. § 553, generally requires federal agencies to: "give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments" before a rule is created or repealed.

Constitutional Implications:

Administrative Procedure Act (APA): The primary legal issue is not the policy itself, but the process. The executive order directs the Secretary of Energy to repeal the rule and explicitly states that notice and comment is "unnecessary because I am ordering the repeal." This is a direct challenge to the standard process mandated by the APA, which typically requires a public comment period for repealing a rule. The order's claim to a "good cause" exception is an aggressive interpretation that courts may reject.

Separation of Powers: This order raises legal questions about the extent of presidential power. Critics will argue that while the President can direct an agency to begin the process of repealing a rule, the agency must still follow the procedural laws (the APA) passed by Congress. By ordering the agency to skip a congressionally mandated step, the executive may be encroaching on legislative authority.

Potential Legal Challenges:

It is highly likely that this action will be challenged in federal court. Environmental organizations and a coalition of state attorneys general have historically sued over similar regulatory rollbacks. The core of the lawsuit would argue that the repeal is procedurally invalid because the administration failed to follow the notice-and-comment requirements of the Administrative Procedure Act.


Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I support Executive Order 14264 to reduce burdensome regulations on home appliances and restore consumer choice."

30-Minute Deep Dive:

  • Write a Detailed Email: Contact members of the Senate Committee on Energy and Natural Resources and the House Committee on Energy and Commerce to express your support.
  • Join an Organization: Groups that advocate for deregulation and free-market principles, such as the Competitive Enterprise Institute, often lead efforts on these issues.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge the administration to withdraw Executive Order 14264. Water and energy conservation standards are important for saving money and protecting the environment."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper explaining the benefits of water conservation and appliance efficiency standards.
  • Join an Organization: Advocacy groups focused on efficiency and conservation include the Appliance Standards Awareness Project (ASAP), the Alliance for Water Efficiency (AWE), and the American Council for an Energy-Efficient Economy (ACEEE). Water advocacy groups like the National Association of Clean Water Agencies (NACWA) also work on these issues.