GETTING THE LEAD OUT

Lead in drinking water has been a regulatory target for some time. Water public utilities rarely, if ever, furnish treated water containing lead. Rather, typically, lead enters drinking water from sources within a customer's property--such as from use of lead based solder for connecting copper pipes, use of faucets made from brass, and use of lead service lines from the distribution main in the street to the premises.

Under the federal Safe Drinking Water Act, U.S.EPA has been dealing with lead issues since at least 1986, reducing the permitted lead content in plumbing materials. In addition, there has been a focus in possible reduction, in some circumstances, of the aggressiveness of water supplied by a utility.

In 2011, Congress enacted the Reduction of Lead in Drinking Water Act, which imposes a new, more strict definition of "lead-free" plumbing. Under the Act, "lead-free" means that solder and flux must not contain more than 0.2% lead, and the wetted surface of drinking water pipes, pipe fittings, plumbing fittings and fixtures cannot exceed a weighted average of 0.25% lead.

The Act states that no person may use any pipe, pipe or plumbing fitting, fixture, solder or flux that is not so "lead-free" in the installation or repair of any public water system or any plumbing in a house or non-residential facility which provides water for human consumption. The Act provides a formula for calculating the weighted average lead content of wetted surfaces. Exemptions from the lead-free requirement are provided for non-consumption uses, such as toilets, bidets, urinals, shower valves, outdoor watering fixtures, etc.

The Act becomes effective January 4, 2014. However, U.S.EPA likely will soon propose regulations to implement the Act. A proposed rule may be published in October, 2012, with a final rule by the end of 2013. It is possible that, in addition to banning items that do not comply with the lead-free requirement, the regulations may establish other requirements, such as specific product identification and compliance procedures.

As the Act can affect not only water utilities but also homeowners, plumbing contractors, manufacturers, vendors and the like, it may be prudent for interested parties to be aware of both the Act and the implementation regulations.