PRESENTED BY: NAMA’S GOVERNMENT AFFAIRS DIVISION ERIC DELL SENIOR VICE PRESIDENT Reduction of Lead in Drinking Water Act NAMA Webinar

Agenda History Unlawful Commerce Provision Current “Lead Free” Standard New “Lead Free” Standard Industry Application & Definitions Compliance Issues Enforcement & Recommendations Repairs and Next Steps Resources Questions

History Issues related to lead in Drinking Water are regulated by the U.S. Environmental Protection Agency’s Office of Water.  1974  Safe Drinking Water Act (SDWA) was originally passed by Congress to regulate the nation's public drinking water supply.  1986 & 1996  SDWA Amended  2011  Congress enacted the Reduction of Lead in Drinking Water Act, which amended Section 1417 of the SDWA.  January 4, 2014  Effective Date of Reduction of Lead in Drinking Water Act

Unlawful Commerce Provision Unlawful for any person to introduce into commerce:  any pipe, or any pipe fitting or fixture, that is not lead free, except for a pipe that is used in manufacturing or industrial processing;  For any person engaged in the business of selling plumbing suppliers, except manufacturers, to sell solder or flux that is not lead free; or  For any person to introduce into commerce any solder or flux that is not lead free unless the solder or flu bears a prominent label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing providing water for human consumption

Current “Lead Free” Standard Federal  Lead Free is defined as:  When used with respect to solders and flux, lead free refers to solders and flux containing not more than 0.2 percent lead;  When used with respect to pipes and pipe fittings, lead free refers to pipes and pipe fittings containing not more than 8.0 percent lead; and  When used with respect to plumbing fixtures, lead free refers to plumbing fittings and fixtures in compliance with standards established in accordance with section 9 of NSF/ANSI Standard 61. State  California - January 1,2010 Requires product certification by an independent third-party laboratory  Vermont - January 1, 2010  Maryland – January 1, 2012  Louisiana – January 1, 2013

New “Lead Free” Standard As of January 4, 2014, the 2011 amendments to SDWA take effect. Lead Free is defined as:  Not containing more than 0.2 percent lead when used with respect to solder and flux; and  Not 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.  Method for calculating is contained in the Act. While SDWA still refers to voluntary standards, it no longer requires plumbing fittings and fixtures to be in compliance with Section 9 of NSF/ANSI Standard 61 (e.g., new endpoint devices).

Industry Application & Definitions Pipes, Pipe Fittings, Plumbing Fittings, and Fixtures  2011 Act eliminated the distinction between “pipes” “pipe fittings”, “plumbing fittings” and “plumbing fixtures.”  Intent of Congress to broadly apply to pipes and plumbing that may provide water for human consumption.  Broad Interpretation (Fire Hydrants) Stand Alone appliance not connected to a potable water distribution system (non-plumbed) Plumbed in coffee maker or brewer Existing Inventory

Compliance Issues Illegal to Sell, Install, or Distribute unless lead free Labeling of Pipes, Pipe Fittings and Fixtures not required  NSF/ANSI 372 standard Manufacturers ahead of the Curve Repair and Replacement Parts States may apply more stringent standards:  47 States have requirements for water treatment and distribution system components to comply with NSF/ANSI standard 61 and most of them require an ANSI-accredited third party certification.

Repairs & Next Steps Repairs, Reinstallations, and Replacement Parts  Repairs of previously installed pipes, fitting or fixtures  Replacement Parts  Device made up of several component parts Next Steps  EPA will have a future rule-making following the frequently asked questions document.  EPA is seeking input from industry. Potential Industry Issues  Removal of Equipment for repair and replacement at same business location but not exact equipment location.

Enforcement & Recommendations Enforcement  No Federal Level Enforcement  State’s, City’s and Municipalities Health and Plumbing Codes  Failure to comply could result in fines and lawsuits Recommendations  Repair existing equipment  Use excess inventory  Educate yourself on newly purchased inventory and equipment  Protect yourself from liability by certifying compliance when you purchase inventory and equipment  Composites, Fiberglass, Rubber, Plastic

Resources Summary Of The Reduction Of Lead In Drinking Water Act And Frequently Asked Questions  13.pdf 13.pdf Lead-Free Definition Under the Safe Drinking Water Act EPA PowerPoint Presentation  EPA Lead Water Technical Information Hotline  NAMA Policy Position Paper 

Questions