WHAT IS THE LEAD BAN?
On June 19,1986, Congress enacted the Safe
Drinking Water Act Amendments of 1986 (P.L.
99-339). Two key sections of this law consti-
tute the "lead ban." The provisions of these
sections are as follows:
Section 1417 (which amends the Safe Drinking
Water Act (SDWA)):
Prohibition on use of pipe, solder, or flux in
public water systems that is not "lead free";
Special public notice requirements for lead;
State enforcement of prohibition and special
public notice for lead; and
Definition of "lead free" materials.
Section 109 (which does not amend SDWA):
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Ban on lead water pipes, solder, and flux in
Veterans' Administration and Department
of Housing and Urban Development
insured or assisted property;
Designation of lead solder as a hazardous
substance when solder contains more 0.2
percent lead; and
Requirements for warning labels on lead
solder.
WHY A BAN ON LEAD?
Most people understand that the consumption
of lead can be very dangerous. Unfortunately,
lead is present in many places in air, food,
dust, dirt, and in drinking water. Studies have
shown that we receive an average of 15 to 20
percent of our total lead intake from drinking
water. Studies also show that the primary
source of lead in drinking water is not from the
main public water source that is, the lake,
river, reservoir, or well but rather, the lead
comes from our own plumbing and plumbing
fixtures.
All people are susceptible to the dangers of lead
contamination, but especially children.
Children are particularly sensitive because their
bodies are still developing and they absorb and
retain more lead than adults. Even at very low
levels of lead exposure, children can experience
reduced I.Q. levels, impaired learning and
language skills, loss of hearing, and reduced
attention spans and poor classroom perform-
ance. At higher levels, lead can cause damage to
the brain and central nervous system, interfering
with both learning and physical growth.
Women of child-bearing age are also at risk.
Lead can cause impaired development of the
fetus, premature births, and reduced birth
weights, as well as fertility problems and
miscarriages. Men are at risk of increased blood
pressure from exposure to too much lead.
WHO IS AFFECTED BY THE
LEAD BAN?
The lead ban affects all public water systems
and virtually every citizen. The following
sections explain how particular aspects of the
lead ban affect a wide variety of people.
PLUMBING MUST BE "LEAD FREE"
The law states that only "lead free" pipe, solder,
or flux may be used in the installation or repair
of (1) public water systems, or (2) any plumbing
in a residential or non-residential facility provid-
ing water for human consumption, which is
connected to a public water system.
Thus, not only all public water systems, but
anyone else that intends to install or repair
drinking water plumbing that is connected to a
public water system including plumbers,
contractors, and private homeowners must
use "lead free" materials. The term "lead free"
means that solders and flux may not contain
more than 0.2 percent lead, and that pipes and
pipe fittings may not contain more than 8.0
percent lead.
This prohibition was effective on June 19,1986.
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SYSTEMS MUST NOTIFY THE PUBLIC
The law also requires that each public water
system identify and notify persons that may be
affected by lead contamination of their drinking
water. This notice was intended to inform the
public about the possibility of lead contamina-
tion due either to (1) the lead content in the
construction materials of their public water
distribution systems, or (2) if a water supply is
corrosive enough to cause the leaching of lead
from plumbing materials.
Congress established the public notice require-
ment because regulation of the public water
systems alone cannot solve the lead problem.
Public education (i.e., the notice) is also needed,
because even if the public water system does all
it can to reduce lead levels, drinking water may
still be contaminated by lead from household
plumbing or plumbing fixtures.
The Environmental Protection Agency (EPA)
was made responsible for developing the
manner and form of this notice. EPA published
the requirements and details of the special
public notice for lead in the Federal Register on
October 28,1987 (52 FR 41534).
As required by the law, the lead notices must
provide a dear and readily understandable
explanation of:
Potential sources of lead in drinking water;
Potential adverse health effects;
Reasonably available methods of mitigating
known or potential lead content in drinking
water;
Any steps the public water system is taking
to mitigate lead content in drinking water;
and
The necessity of seeking alternative water
supplies, if any.
The notice should have appeared already, either
in your local newspaper, \vith your water bill, or
in the mail. If your place of employment has its
own drinking water supply (that is, if it is by
definition and regulation a "public water
system"), then you should have received some
form of the notice at work as well.
All public water systems were required to
provide notice beginning no later than June
19,1988.
STATES MUST ENFORCE LAW
The states are required to enforce both the
general prohibition on lead materials and the
public notice requirements for water suppliers.
States must enforce the lead ban through state
or local plumbing codes, or by such other
means of enforcement that the states determine
to be appropriate. States must enforce the
public notice requirement. The first step in
this process is usually for the state to request
the public water systems to submit proof that
the notice has been released.
Both the lead ban and the public notice
requirements were to be enforced in all states
beginning no later than June 19,1988. If the
state does not enforce these two requirements,
the EPA may withhold up to 5 percent of
Federal grant funds available to that state for
its State Public Water System Supervision
Program.
NO LEAD IN VA/HUD HOMES
The lead ban also affects potential home
buyers. The law prohibits the Department of
Housing and Urban Development (HUD) and
the Veterans' Administration (VA) from insur-
ing or guaranteeing a mortgage, or from
furnishing assistance for a newly constructed
residence, unless the new residence has a
potable water system that has "lead free" pipe,
solder, and flux.
This prohibition was effective on June 19,
1988.
LEAD SOLDER IS HAZARDOUS... READ
THE WARNING LABEL
Manufacturers, distributors, and sellers of lead
plumbing materials are also affected by the lead
ban. The law amended two sections of the
Federal Hazardous Substances Act.
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First, the law was amended to state that any
solder with a lead content greater than 0.2
percent is a hazardous substance. Second, it
now requires that any lead solder, which is not
"lead free" and which is introduced or deliv-
ered for introduction into interstate commerce,
must prominently display a warning label.
The label must state the lead content of the
solder and must warn that the use of such
solder in the making of joints or fittings in any
private or public potable water supply system
is prohibited.
This requirement was effective on June 19,
1988.
WHAT SHOULD YOU DO?
IF your home or apartment was built, or if
your plumbing was repaired after June 19,
1986, only materials that are "lead free" should
have been used.
FIRST check your plumbing. Lead is a dull-
gray metal that is soft enough to be easily
scratched with a housekey. Also, look for
copper pipes; lead solder is commonly used
with copper piping, but a special test kit is
necessary to prove if the solder used
contains lead.
SECOND, if you determine or suspect that
lead was used, report the violation to the
state and local enforcement agencies. Your
state drinking water program is usually
located in the state capital (or another major
city), and is often part of the Department of
Health or Environmental Regulation!.
Consult the blue pages of your local phone
book for the proper address and phone
number. If you need further assistance
locating your State public water system
official, contact EPA's Safe Drinking Water
Hotline. Also, contact the builder, contrac-
tor, or plumber immediately and request
that they remedy the situation.
THIRD, get your tapwater tested. Locate a
certified laboratory in your area and be
sure to follow the proper EPA testing
protocol. The protocol is available from the
Safe Drinking Water Hotline or the states,
A list of state certified laboratories can be
obtained from your state's laboratory certi-
fication officer. The Safe Drinking Water
Hotline can provide you with the name,
address, and phone number of your lab
certification officer.
FOURTH, if you need legal assistance
regarding the enforcement of the lead ban,
contact your state drinking water program
and/or an attorney
FINALLY, until you are certain that you do
not have a problem, flush your taps before
use and only use the COLD tap for drinking
and cooking. In order to conserve water,
you may want to use the flushed water for
other household uses, such as washing
dishes or watering plants. You may also
want to keep a bottle or jug of flushed water
in your refrigerator for drinking and
cooking; this will help reduce the amount of
flushing.
IF your home or apartment was built, or if
your plumbing was repaired before June 19,
1986, lead materials may have been used. Even
though the materials were legally installed,
they may present a hazard to your health,
particularly in buildings that are less than five
years old. Studies have shown that lead in
solder tends to leach out at the highest levels
during the first five years after installation of
the pipe.
FIRST, check your plumbing (as above).
SECOND, if you determine or suspect that
lead was used, get your tapwater tested by
a competent laboratory (as above). The
results may indicate that some type of
remediation is necessary.
FINALLY, until you are certain that you do
not have a problem, flush your taps before
use and only use the COLD tap for drinking
and cooking (as above).
IF you intend to repair your plumbing (that
is, plumbing that supplies drinking water),
read the label on the materials to ensure they
are "lead free."
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FOR MORE INFORMATION
For more information on the lead ban and on
the overall problem with lead contamination
of drinking water, you may want to obtain the
following:
Lead and Your Drinking Water. Available from:
U.S. Environmental Protection Agency, Office
of Drinking Water, 401M Street, SW, Wash-
ington, DC, 20460; or call the Safe Drinking
Water Hotline at (800) 426-4791 or (202) 382-
5533.
The Lead Solder Ban: Its Effect on the Plumbing
Industry. Available from: National Associa-
tion of Plumbing, Heating, and Cooling
Contractors (NAPHCC) Educational Founda-
tion, 180 S. Washington Street, Suite 50, Falls
Church, Va, 22046; or call at (800) 533-7694 or
(703) 237-8100.
Lead in School Drinking Water. (GPO-055-000-
00281-9) Available for $3.25. Send check or
money order to: Superintendent of Docu-
ments, U.S. Government Printing Office,
Washington, DC, 20460; or order by calling
(202) 783-3238.
For specific information on the Safe Drinking
Water Act, the lead ban, the special public
lead notice, or other regulatory and policy
issues, write:
U.S. Environmental Protection Agency
Office of Drinking Water
401M Street, SW
Washington, DC 20460
Or call: The Safe Drinking Water Hotline
800-426-4791 or 202-382-5533
ĞU S, GOVERNMENT PRINTING OFFICE 1934-0-520-860
United States
Environmental Protection
Agency
August 1989
EPA 57Q/9-89-BBB
Office of Water (4601)
vvEPA The Lead Ban:
Preventing the
Use of Lead in
Public Water
Systems and
Plumbing Used
for Drinking
Water
Printed on Recycled Paper I
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