Title 42, The Public Health and WelfareRelease 119-110

§6294b Watersense Program

Title 42 › CHAPTER 77 — ENERGY CONSERVATION › SUBCHAPTER III — IMPROVING ENERGY EFFICIENCY › Part A — Energy Conservation Program for Consumer Products Other Than Automobiles › § 6294b

Last updated Sep 22, 2026|Official source

Summary

Creates a voluntary WaterSense program at the Environmental Protection Agency to spot and promote water-saving products, buildings, landscapes, facilities, processes, and services. The program aims to cut water use, ease pressure on public water and sewer systems, save energy used to move and treat water, and protect water for the future. It can cover things like irrigation systems, point-of-use water filters, plumbing parts, water reuse technologies, gardening and landscaping tools and practices (including xeriscaping), whole-house humidifiers, and water-efficient buildings. The EPA must make a WaterSense label and rules for how things earn the label. The agency must tell the public about the label, keep the label honest by using strong performance rules, require testing based on established consensus standards, and oversee independent third-party certification bodies that are accredited in the United States. The EPA will check the market to stop misuse. Performance rules should be reviewed no more often than every 6 years after they are set or majorly changed. When rules are changed, the EPA must give notice, ask for comments, reply as appropriate, and allow time for manufacturers and sellers to adjust. By December 31, 2019, the EPA must review any WaterSense rules made before January 1, 2012. The agency should publish estimates, at least yearly when practical, of water and energy savings from WaterSense-labeled items. The EPA and Department of Energy must coordinate to avoid overlapping rules. A WaterSense label does not create a warranty. Feasible means doable using the best available technology and methods proven in real-world conditions, with cost taken into account.

Full Legal Text

Title 42, §6294b

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment of WaterSense program

(1)In general

There is established within the Environmental Protection Agency a voluntary program, to be known as the WaterSense program, to identify and promote water-efficient products, buildings, landscapes, facilities, processes, and services in order to, through voluntary labeling of, or other forms of communications regarding, such products, buildings, landscapes, facilities, processes, and services while meeting strict performance criteria, sensibly—

(A)reduce water use;

(B)reduce the strain on public water systems, community water systems, and wastewater and stormwater infrastructure;

(C)conserve energy used to pump, heat, transport, and treat water; and

(D)preserve water resources for future generations.

(2)Inclusions

Categories of products, buildings, landscapes, facilities, processes, and services that may be included under the program include—

(A)irrigation technologies and services;

(B)point-of-use water treatment devices;

(C)plumbing products;

(D)water reuse and recycling technologies;

(E)landscaping and gardening products, including moisture control or water enhancing technologies;

(F)xeriscaping and other landscape conversions that reduce water use;

(G)whole house humidifiers; and

(H)water-efficient buildings or facilities.

(b)Duties

The Administrator of the Environmental Protection Agency, in coordination with the Secretary of Energy as appropriate, shall—

(1)establish—

(A)a WaterSense label to be used for products, buildings, landscapes, facilities, processes, and services meeting the certification criteria established pursuant to this section; and

(B)the procedure, including the methods and means, and criteria by which products, buildings, landscapes, facilities, processes, and services may be certified to display the WaterSense label;

(2)enhance public awareness regarding the WaterSense label through outreach and public education;

(3)preserve the integrity of the WaterSense label by—

(A)establishing and maintaining feasible performance criteria so that products, buildings, landscapes, facilities, processes, and services certified to display the WaterSense label perform as well or better than less water-efficient counterparts;

(B)overseeing WaterSense certifications made by third parties, which shall be independent third-party product certification bodies accredited by an accreditation entity domiciled in the United States;

(C)using testing protocols, from the appropriate, applicable, and relevant consensus standards, for the purpose of determining compliance with performance criteria; and

(D)auditing the use of the WaterSense label in the marketplace and preventing cases of misuse;

(4)not more frequently than every 6 years after adoption or major revision of any WaterSense performance criteria, review and, if appropriate, revise the performance criteria to achieve additional water savings;

(5)in revising any WaterSense criteria—

(A)provide reasonable notice to interested parties and the public of any changes, including effective dates, and an explanation of the changes;

(B)solicit comments from interested parties and the public prior to any changes;

(C)as appropriate, respond to comments submitted by interested parties and the public; and

(D)provide an appropriate transition time prior to the applicable effective date of any changes, taking into account the timing necessary for the manufacture, marketing, training, and distribution of the specific product, building, landscape, process, or service category being addressed; and

(6)not later than December 31, 2019, consider for review and revise, if necessary, any WaterSense performance criteria adopted before January 1, 2012.

(c)Transparency

The Administrator of the Environmental Protection Agency shall, to the extent practicable and not less than annually, estimate and make available to the public the relative water and energy savings attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services.

(d)Distinction of authorities

In setting or maintaining specifications and criteria for Energy Star pursuant to section 6294a of this title, and WaterSense under this section, the Secretary of Energy and the Administrator of the Environmental Protection Agency shall coordinate to prevent duplicative or conflicting requirements among the respective programs.

(e)No warranty

A WaterSense label shall not create any express or implied warranty.

(f)Methods for establishing performance criteria

In establishing performance criteria for products, buildings, landscapes, facilities, processes, or services pursuant to this section, the Administrator of the Environmental Protection Agency shall use technical specifications and testing protocols established by voluntary consensus standards organizations relevant to specific products, buildings, landscapes, facilities, processes, or services, as appropriate.

(g)Definition of feasible

The term “feasible” means feasible with the use of the best technology, techniques, and other means that the Administrator of the Environmental Protection Agency finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration).

Reference

Citations & Metadata

Citation

42 U.S.C. § 6294b

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110