Maintaining Acceptable Water Pressure in Showerheads
TLDR
This executive order directs the Secretary of Energy to rescind the 2021 federal definition of “showerhead,” waiving normal notice and comment procedures. It frames the action as addressing overregulation by Obama and Biden administrations that “chokes the American economy and stifles personal freedom.” The order takes effect 30 days after publication but may face legal challenges for bypassing Administrative Procedure Act requirements. If implemented, it could allow manufacturers to produce higher-flow showerheads that use more water and energy.
This executive order directs the Secretary of Energy to rescind the 2021 regulation that defined “showerhead” (Energy Conservation Program: Definition of Showerhead, 86 Fed. Reg. 71797). The order characterizes this regulation as an example of overregulation by previous administrations that “chokes the American economy and stifles personal freedom.” It specifically references both Obama and Biden administrations’ regulations on showerheads. The order claims the Oxford English Dictionary defines “showerhead” more concisely, implying the federal definition is unnecessarily complex.
The regulation contains four key points: Firstly, it orders an immediate rescission of the 2021 showerhead definition regulation. Secondly, it explicitly waives notice and comment procedures for this rescission. Thirdly, the action takes effect 30 days after publication. Finally, the regulation frames its action as addressing overregulation that hinders economic growth and personal freedom.
The targeted regulations were part of energy conservation efforts aimed at limiting water flow in showerheads to conserve resources. However, the order attempting to implement these regulations raises several concerns. Notably, it seeks to bypass standard requirements under the Administrative Procedure Act for notice and comment by executive fiat, which may face legal challenges.
Furthermore, this decision aligns with the previous Trump administration’s pattern of deregulation in environmental areas, and reverses Biden-era conservation standards that aimed to promote water conservation. The potential practical effects of removing these definitions could be significant, as it may allow manufacturers to produce higher-flow showerheads that use more water and energy.
The order includes standard provisions clarifying it doesn’t impair OMB functions, must be implemented consistent with applicable law, and creates no enforceable rights. However, the attempt to bypass notice and comment rulemaking may be legally problematic, as courts have previously ruled that rescinding regulations typically requires the same procedural steps as implementing them.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1.
Purpose.
Overregulation chokes the American economy and stifles personal freedom. A small but meaningful example is the Obama-Biden war on showers: Twice in the last 12years, those administrations promulgated multi-thousand-word regulations defining the word “showerhead.” See Energy Conservation Program: Definition of Showerhead, 86_Fed. Reg._71797 (December 20, 2021); Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Test Procedures for Showerheads, Faucets, Water Closets, Urinals, and Commercial Prerinse Spray Valves, 78_Fed. Reg._62970 (October 23, 2013). To the extent any definition is necessary for this common piece of hardware, the Oxford English Dictionary defines “showerhead” in one short sentence.
Sec. 2.
Ordering the Repeal of the 13,000-Word Regulation Defining “Showerhead”. I hereby direct the Secretary of Energy to publish in the_Federal Register_a notice rescinding Energy Conservation Program: Definition of Showerhead, 86_Fed. Reg._71797 (December 20, 2021), including the definition of “showerhead” codified at 10 C.F.R.430.2. Notice and comment is unnecessary because I am ordering the repeal. The rescission shall be effective 30 days from the date of publication of the notice.
Sec. 3.
General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
© This order 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.
THE WHITE HOUSE,
April 9, 2025.