The New Low Lead Regulations 2014 AWWA Meeting February 26, 2014 LAURA A. TAYLOR (334)

Overview Sources of Lead in Drinking Water Health Affects of Lead in Drinking Water Current Safe Drinking Water Act Requirements NSF/ANSI 61 Safe Drinking Water Act Revisions Issues with the Revisions Certification Labeling Examples Questions

Sources of Lead in Drinking Water Sources of lead – Natural deposits – Household plumbing materials – Water service lines – Homes built before 1986 Most common problem – brass or chrome-plated brass faucets and fixtures Lead is rarely found in source water

Health Affects of Lead in Drinking Water Affect on adults – Increase blood pressure – Kidney problems Affect on children – Delays in physical and mental development – Slight deficits in attention span – Learning disabilities

Current SDWA Requirements SDWA 1417(a)(1)(A) – No person may use any pipe, plumbing fixture, solder, or flux that is not lead free, after June 19, 1986 for installation or repair of: any public water system any plumbing in a facility providing water for human consumption

Current SDWA Requirements SDWA 1417(b) State Enforcement – States shall enforce the lead free requirements through State or local plumbing codes, or other such means of enforcement as the State may determine to be appropriate. SDWA 1417(c) Penalties – EPA may withhold up to 5% of Federal funds available to the State under 1443(a) if the State does not enforce the lead free requirements.

Current SDWA Requirements 1417(d) Definition of lead free – Solders and flux cannot contain more than 0.2% lead – Pipe and fittings cannot contain more than 8.0% lead The standard for lead free plumbing fittings and fixtures is established in Section 9 of NSF/ANSI Standard 61

NSF/ANSI Standard 61- Scope Pipes and Related Products (pipe, hose, fittings) Protective and Barrier Materials (cements/coatings) Joining and Sealing Materials (gaskets, adhesives, lubricants, solvent cements) Process Media (activated carbon, filter media) Mechanical Devices (water meters, valves, filters) Mechanical Plumbing Devices (faucets, drinking fountains, and components)

NSF/ANSI 61 lead content restrictions There should be no lead added as an intentional ingredient in any product, component, or material submitted for evaluation to this standard, with the following exceptions: – Brass or bronze meeting the definition of “lead free” – Materials of components with a diluted surface area less than or equal to in 2 /L

NSF Standards Development Process

Certification Marks

Safe Drinking Water Act Revisions Overview Amends SDWA Section 1417 – Creates exemptions – Changes the definition of lead free Reduces lead content from 8.0% to a weighted average of 0.25% in the wetted surface material (primarily affects brass/bronze). – Eliminates provision that certain products comply with voluntary standards for lead leaching. – Establishes statutory requirement for calculating lead content – Effective date January 4, 2014

Safe Drinking Water Act Revision Exemptions 1417(a)(4)(A) – pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for non-potable services such as manufacturing, industrial processing, irrigation, outdoor watering. – or any other uses where the water is not anticipated to be used for human consumption

Safe Drinking Water Act Revision Exemptions 1417(a)(4)(B) – toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, – service saddles, or water distribution main gate valves that are 2 inches in diameter or larger. Note: Any item covered by either exemption can have any amount of lead. Also, meters have not been exempted.

Safe Drinking Water Act Revision Exemptions Fire Hydrants Fire Hydrants has been exempted. – Became Public Law on 12/20/2013 – Community Fire Safety Act of 2013 – H.R. 3588

Safe Drinking Water Act Revisions Definitions 1417(d) Definition of lead free – Revises lead content from 8% to not more than a weighted average of 0.25% with respect to the wetted surfaces of pipes, fittings, and fixtures. – Provides calculation procedure for determining the weighted average lead concentration of a product from the components that make up the product. – Eliminates requirement that certain products comply with standards for lead leaching (NSF/ANSI Standard 61 Section 9)

NSF Evaluations

Safe Drinking Water Act Revision Lead Content Calculation Core requirement: Weighted average lead content < 0.25% Formula:

Sample Faucet

Example weighted average lead content calculation

Safe Drinking Water Act Revisions Effective Date Effective Date January 4, 2014 – A product introduced into commerce legally on January 3, 2014 can’t be used on January 4, 2014 – The effective date will affect plumbers, plumbing product retailers, developers, schools and water systems – Any inventory that does not meet 0.25% lead free calculation cannot be installed after January 3, 2014, unless it is exempt from the prohibitions.

Issues With the Revisions Overview Demonstrating that products are lead free Scope of the exemptions Identifying non-potable products if dual product lines are allowed Identifying lead free products Calculating lead content Repairing and returning products to service

Demonstrating Products are Lead Free Should manufacturers be required to demonstrate that a product is lead free and if so how? Potential approaches – Require manufacturers to have products certified by a qualified independent third party (e.g., NSF/ANSI Standard 372 certification)

Scope of the Exemptions To qualify for the “used exclusively for non- potable services,” must the product be physically incapable of use in potable services or could it be physically capable of use in potable services? Potential approaches – Allow interchangeable dual product lines labeling the non-potable version as “not for potable use.” – All interchangeable products must meet the new lead free content limit.

Identifying Non-Potable Products if Dual Products Lines are Allowed If dual product lines are allowed, what kind of label should be used? Potential approaches – Require labeling of package – Require labeling of product – Require labeling of package and product

Identifying Lead Free Products How can consumers know if a product meets the revised lead free definition? Potential approaches – Require independent third-party certification including certifier’s mark – Require manufacturers to label products if certification is not done via a third-party certification – Do not require labeling of lead content Just label as non-potable

Calculation of Lead Content What constitutes the lead content of the material used to produce wetted components? Potential approaches – Lead content at the surface of the product is used – Lead content of the alloy used to produce the wetted component is used and not just the lead at the surface layer Acid washing issue Coating erosion issue This approach is consistent with NSF/ANSI Standard 372

Repairing and Returning Products to Service Can a product in the system be repaired using lead free component parts and returned to service even if other component parts were not repaired and are not lead free? Potential approaches – Entire unit would need to meet lead free requirement – Only components replaced would need to meet lead free requirement

Certification Labeling Examples

Questions Laura A. Taylor Drinking Water Branch - ADEM (334)