National Ground Water Association

U.S. EPA is seeking your feedback on what are the questions, concerns, costs, and impacts to consumers and businesses in implementing a new lower-lead standard in drinking water products. Written comments should be sent to smith.lameka@epamail.epa.gov by August 31, 2012.  

The Reduction of Lead in Drinking Water Act changed the definition of lead-free to mean not containing more than a weighted average of 0.25 percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures. As of January 4, 2014, no person may introduce into commerce or use any pipe or plumbing fitting or fixture in the installation or repair of any public water system or any plumbing in a residential or nonresidential facility providing water for human consumption that is not lead-free under this new definition. Back inventory that does not meet the 0.25 percent lead-free calculation cannot be installed after January 3, 2014 unless it is exempt from the prohibitions. The definition of lead-free solder and flux — 0.2 percent lead — was not affected by the act.

The agency laid out some implementation issues and potential options at an August 16 stakeholders’ meeting. Among the topics discussed were the scope of the law and its exemptions, product labeling, the potential for third-party certification, the repair of existing products or components, and the effective date of the amendments as well as the timeline for rulemaking. For a copy of the presentations, click here.

During the meeting, the agency asked for and received feedback on questions or concerns such as (1) the repair, replacement, and reinstallation of products or components of products, (2) how products that can be used for either potable or nonpotable purposes should be treated, (3) the scope of exemptions including what qualifies as products “where the water is not anticipated to be used for human consumption,” and (4) the cost implications, including marginal costs, to manufacturers in  implementing the new law, including the various options laid out by EPA.

The agency is also seeking feedback on whether guidance, separate from the rulemaking process, would be helpful. Agency rulemaking is not expected to be completed until the end of 2013 or later — very close or potentially beyond the January 4, 2014 date when only products meeting the 0.25 percent lead-free calculation can be installed in drinking water applications. Individuals at the meeting and others have until August 31 to provide feedback to EPA on these or other issues. There will be additional opportunities to comment, such as when draft rules are released, but now is a great time to raise your issues and concerns so they can be considered from the beginning.