Lead-Free Requirements for Fire Hydrants

Lead-Free Requirements for Fire Hydrants

February 12, 2014
Lead-Free Requirements for Fire Hydrants
Overview
Table 1. “Lead Free” Under SDWA § 1417
The Safe Drinking Water Act (SDWA), Section 1417,
broadly prohibits the sale and use of pipes and other
Materials
Effective
P.L. 111-380,
plumbing components that are not “lead free” (as defined in
covered
through
effective
the act ) for the installation or repair of public water
1/3/2014
1/4/2014
systems or plumbing in residential or nonresidential
Pipes and pipe
not more than 8%
not more than a
facilities providing water for human consumption.
fittings
lead
weighted average
of 0.25% in the
Enacted January 4, 2011, the Reduction of Lead in
wetted surface
Drinking Water Act (P.L. 111-380) amended the SDWA to
material
revise the definition of “lead free” and to add new
exemptions from prohibitions on the use or sale of pipes,
Plumbing fittings
products intended
same as above
pipe fittings, and plumbing fittings and fixtures that are not
and fixtures
to dispense water
(eliminated
lead free.
for human
requirement to
ingestion must
comply with
In late October 2013, less than three months before the
meet industry
industry
January 2014 effective date for the 2011 law, the
standard: Section
standards)
Environmental Protection Agency (EPA) issued guidance
9 of NSF and ANSI
subjecting fire hydrants to new lead-free standards for
Standard 61
pipes, pipe fittings, and plumbing fittings and fixtures used
Solder and flux
not more than
no change
for drinking water. EPA had not previously subjected fire
0.2% lead
hydrants to SDWA lead-free requirements. Nor have state
laws or industry standards applied to hydrants.
Source: Prepared by the Congressional Research Service.
Consequently, EPA’s October 2013 guidance posed
problems for manufacturers who had not anticipated the
Exemptions: P.L. 111-380 provided that the general
need to change manufacturing processes and for
prohibitions on the use of lead pipes, fittings and fixtures do
municipalities and water utilities that often have sizable
not apply to
inventories of hydrants, which under EPA guidance were to
become illegal to sell or install after January 3, 2014.
pipes, pipe fittings, plumbing fittings or fixtures ...
that are used exclusively for nonpotable services
Concerns were also raised regarding the supply and
such as manufacturing ... irrigation, outdoor
reliability of compliant fire hydrants that would be available
watering or any other uses where the water is
to communities and fire departments by January 2014.
not anticipated to be used for human
consumption; or
In response, the House and Senate passed the Community
Fire Safety Act of 2013, H.R. 3588, which was signed into
specified products including tub fillers, shower
law (P.L. 113-64) on December 20, 2013. This law
valves, and water distribution main gate valves
explicitly exempts fire hydrants from SDWA lead-free
two inches in diameter or larger.
requirements. (See “Legislation” section.)
Sponsors and supporters of P.L. 111-380 had argued that it
P.L. 111-380 and EPA Implementation
would parallel California and several other states’ recent
P.L. 111-380 reduced the maximum allowable level of lead
lead reduction laws and be compatible with new industry
in plumbing components in contact with drinking water
standards. However, the language in the federal law differs
from 8.0% to a weighted average of 0.25% (in the wetted
from similar state laws, and the state laws and related
surface material). Effective January 4, 2014, plumbing
industry standards have not applied to fire hydrants.
components that do not meet the 0.25% lead-free
calculation cannot be sold or installed unless they are
EPA has planned to make regulatory changes to facilitate
exempt from the prohibitions established in the law.
implementation of P.L. 111-380 as part of ongoing
revisions to regulations governing lead in drinking water. In
July 2012, EPA announced that it would not promulgate
regulatory revisions before the law entered into effect in
January 2014 but would provide information to assist
plumbing manufacturers and retailers, states, water systems,
and other affected parties in implementing the provisions of
the act.
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Lead-Free Requirements for Fire Hydrants
In May 2013, the agency issued draft Frequently Asked
President signed the bill into law (P.L. 113-64) on
Questions to guide affected parties on implementation of
December 20, 2013.
P.L. 111-380. This document made no mention of fire
hydrants. In late October 2013, however, the agency posted
P.L. 113-64 amends SDWA Section 1417(a)(4)(B) to add
on its website a final guidance document, “Summary of the
fire hydrants to the list of plumbing fitting and fixtures
Reduction of Lead in Drinking Water Act and Frequently
expressly exempted from the act’s lead-free requirements.
Asked Questions.” The EPA October guidance stated that
Additionally, P.L. 113-64 directs EPA to:
fire hydrants would be subject to the new lead-free
standards:
 consult with the National Drinking Water Advisory
Council on potential revisions to the SDWA regulations
Information available to EPA indicates that fire
for lead, and
hydrants can be, and are, used in emergency
 request the council to consider lead sources throughout
situations to provide drinking water when there
the drinking water distribution system including
are disruptions to the normal operations of the
components used to reroute water during repairs.
drinking water distribution system. Therefore, as
On December 19, 2013, the EPA revised its implementation
a class, hydrants would not qualify for exclusion
guidance concerning fire hydrants in anticipation of the
for pipes, fittings and fixtures used exclusively for
enactment of H.R. 3588.
non-potable services.
Related legislation was introduced on December 15, 2013,
Legislation
to make broader revisions to SDWA Section 1417. S. 1824
would amend the act to exempt certain pipes, fittings, and
On November 21, 2013, H.R. 3588, the Community Fire
fixtures containing brass from SDWA lead restrictions in
Safety Act of 2013, was introduced in the House to
specified circumstances unless EPA determined that such
explicitly exempt fire hydrants from the lead-free plumbing
an exemption would pose an unreasonable risk to human
requirements under the Safe Drinking Water Act. The
health.
House passed H.R. 3588 on December 2, 2013. A
companion bill, S. 1779, was introduced in the Senate on
Mary Tiemann, Specialist in Environmental Policy
December 9, 2013. On December 17, the Senate passed
H.R. 3588, without amendment, by unanimous consent. The
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Lead-Free Requirements for Fire Hydrants

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