Summary Of The
                            Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
The Reduction of Lead in Drinking Water Act was enacted on January 4, 201 1 to amend Section 1 41 7
of the Safe Drinking Water Act (SDWA or Act) respecting the use and  introduction into commerce of
lead pipes, plumbing fittings or fixtures, solder and flux.  The Act established a prospective effective
date of January 4, 201 4, which  provided a three year timeframe for affected parties to transition to
the new requirements.  Upon signature the Community Fire Safety Act of 201 3'  will further amend
Section 1 41 7 to exempt fire hydrants.  In anticipation of these changes taking effect, EPA is
providing the following summary of the requirements of the lead ban provisions in Section 1 41 7 and
some answers to frequently asked questions related to the amendments to assist manufacturers,
retailers, plumbers and consumers in understanding the changes to the law.

Outreach
On August 1 6, 201 2, EPA held a public webinar with stakeholders to discuss the Reduction of Lead
in Drinking Water Act and the potential ramifications that this change in law may have.  Participants
included public utilities, government agencies, plumbing manufacturers, plumbing retailers and
trade associations. At the end of this webinar, EPA solicited comments from the attendees on issues
and concerns related to the  new requirements.  The webinar proceedings and the solicited input
were used in formulating an initial set of Frequently Asked Questions (FAQs) that were published for
public comment on May 23, 201 3. EPA held a webinar on November, 25 201 3 to solicit information
from stakeholders  regarding the applicability of Section 1 41 7 to fire  hydrants.  EPA was reassessing
whether fire  hydrants should be subject to the lead free requirements when the  Community Fire
Safety Act was passed. EPA has revised this document to explain that fire hydrants would  be exempt
from the lead free requirements in accordance with the Community Fire Safety Act.

This document, including revised answers to frequently asked questions, is intended to help the
public understand the statutory requirements, EPA intends to further clarify and refine these and
other issues  related to these provisions in a future rulemaking. These FAQs include  some
recommendations that are advisory only (indicated by the use of the  words such as "should" or
"encourages").

EPA remains interested in feedback on these FAQs, for refinement of these answers, to  respond to
new questions, or to determine which issues should be explored in its rulemaking. As a result, EPA
may revise or supplement these FAQs from time to time.

SDWA Section 1417
Since 1 986, the Safe Drinking Water Act ("SDWA" or "the Act") has prohibited the use of certain items
that are not  lead free and since 1 996 the Act has made it unlawful for anyone to introduce into
commerce items that are not lead free.
1 The Community Fire Safety Act of 2013 was passed in both the House (December 2, 2013) and Senate (December
17, 2013). As of December 19, 2013, the President's signature to enact the bill is pending.


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                                       Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
Use Prohibition
Section 1 41 7(a)(l) prohibits the "use of any pipe, any pipe or plumbing fitting or fixture, any solder,
or any flux, after June 1 986,  in the installation or repair of (i) any public water system; or (ii) any
plumbing in a residential or non-residential facility providing water for human consumption, that is
not lead free" as defined in Section 1 41 7(d).  Prior to the 201 1 Amendments, the only exception to
this prohibition was for "leaded joints necessary for the repair of cast iron pipes."

Unlawful Commerce Provision
There are three components  to the "unlawful commerce" provision. Section 1 41 7(a)(3) provides that
"it shall be unlawful -
       (A)         for any person to introduce into commerce any pipe, or any  pipe or plumbing
                  fitting or fixture, that is not lead free, except for a pipe that is used in
                  manufacturing or industrial processing;
       (B)         for any person engaged in the business of selling plumbing  supplies, except
                  manufacturers, to sell solder or flux that is not lead free; or
       (C)         for any person to introduce into commerce any solder or flux that is  not lead free
                  unless the solder or flux 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."

Summary of the Amendments to SDWA Section 1417
The 201 1 Reduction of Lead  in Drinking Water Act revised Section 1 41 7 to:
       (1)  Redefine  lead free in SDWA Section 1 41 7(d) to:
             lower the maximum lead content of the wetted surfaces of plumbing products such
              as pipes, pipe fittings,  plumbing fittings and fixtures from 8.0%  to a weighted
              average of 0.25%;
             establish a statutory method for the calculation of lead content;  and
             eliminate the requirement that lead free products be in compliance with voluntary
              standards established in accordance with SDWA 141 7(e) for leaching of lead from
              new plumbing fittings and fixtures.
       (2)  Create exemptions in SDWA Section 1 41 7(a)(4) from the prohibitions on the use or
           introduction into commerce for:
             "pipes, pipe fittings,  plumbing fittings or fixtures, including backflow preventers,
              that are used exclusively for nonpotable 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;"  (SDWA 141 7(a)(4)(A))
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                                       Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
              "toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, fire hydrants,
              shower valves, service saddles, or water distribution main gate valves that are 2
              inches in diameter or larger." (SDWA 1 41 7(a)(4)(B))

Effective Date of the Amendments
The amendments will become effective on January 4, 201 4.
Until January 4, 2014:
          The definition of lead free is a maximum lead content of 8.0%
          None of the exemptions created by the 201 1 amendments apply
          Plumbing fittings and fixtures must be in compliance with the voluntary standard Section
           9 of NSF, International (NSF)/American National Standards Institute (ANSI) Standard 61.
As of January 4, 201 4, the 201 1 amendments to Section 1 41 7 of SDWA take effect and therefore:
          A new definition of lead free applies, including a maximum  lead content of 0.25% and a
           method for calculating it, unless the  product is covered by one of the exemptions.
          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).

Other laws related to the sale or use of plumbing products that  contain lead
It is important  to note that State and local jurisdictions may have additional limitations or
requirements regarding the use or sale and distribution of pipes, pipe or plumbing fittings, or
fixtures that contain lead.  Contact your local or State plumbing or  drinking water authority to find
out more about any additional requirements that may apply.

Frequently Asked  Questions

Definition of Lead Free
1.  Q.  How exactly will the definition of lead free change?

       A. Prior to January 4, 201 4,  lead free has the following definition:-
              (1)  when used with respect to solders and flux,  lead free refers to solders and flux
                  containing not more than 0.2 percent lead;
              (2)  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
              (3)   when used with  respect to plumbing fittings and fixtures, lead free refers to
                  plumbing fittings and fixtures in compliance with standards established in
                  accordance with SDWA Section 1 41 7(e) (e.g. Section 9 of NSF/ANSI Standard 61).

       Effective January 4, 2014, lead free means:

                  (A) not containing more than 0.2  percent lead  when used with respect to solder
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                                        Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                 And Frequently Asked Questions
                  and flux; and

                  (B)  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.

                   Calculation
                  For purposes of the Act, the weighted average lead content of a pipe, pipe fitting,
                  plumbing fitting,  or fixture is calculated by using the following statutory formula:
                          For each wetted component, the percentage of lead  in the component is
                          multiplied by the  ratio of  the wetted  surface area of that component to
                          the  total  wetted  surface  area of the  entire product to arrive at  the
                          weighted  percentage of lead  of the component.
                          The weighted  percentage  of lead  of each wetted component is  added
                          together,  and  the sum of  these  weighted  percentages constitute  the
                          weighted  average lead content of the product. The  lead content  of  the
                          material  used   to  produce  wetted components  is  used to determine
                          compliance.
                          For lead content of materials that are  provided as a range, the maximum
                          content of the range must  be used.2

Questions about Coverage
2.  Q. What did Congress mean by pipes, pipe fittings,  plumbing fittings and fixtures?

       A.  By removing Section 1 41 7(d)(3)  from the definition  of lead  free, the 201 1 amendments
       eliminated distinctions between "pipes" "pipe fittings",  "plumbing fittings" and "plumbing
       fixtures." As a general matter, Congress intended that these amendments  broadly apply to
       pipes and plumbing that may provide water for human consumption so that lead  in the
       wetted surfaces of these conveyances can be minimized or eliminated, thus reducing
       exposures to lead in tap water. For purposes of these  FAQs, EPA is  using the term "pipes,
       fittings or fixtures" as a shorthand to  refer to pipes, pipe fittings, plumbing fittings and
       fixtures, as those terms are used in the Act
2  Following is an example of the statutory calculation. Note: The formula will vary for each product depending upon
the number of components and the wetted surface area of each component. Equation: Total % Lead = [Pb%Ci X
RWSACi] +  [Pb%C2X RSAC2] + [Pb%CnX RSACn]
Example:
Component      (Pb%) Lead Content               (RWSA) Ratio of Wetted Surface Area        Weighted % Lead
Washer         0.50%                         1/1000                              0.0005
Pipe            0.10% lead                     999/1000                             0.099
Weighted Average Lead Content: 0.0005 + 0.099 = 0.0995


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                                       Summary Of The
                            Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
3.  Q.  I am a manufacturer of faucet-mounted water treatment devices and plumbed-in treatment
    devices, which may include dedicated faucets. Are these types of devices a pipe, fitting or fixture
    that is subject to the new lead free requirements?

       A. Yes, both point-of-use and point-of-entry devices are covered by the lead free
       requirements because the terms used by Congress are commonly understood to include
       kitchen and  bathroom faucets and the  pipes leading to such faucets.  These devices are
       typically integrated into a faucet or plumbing system that delivers drinking water and as such
       is considered to be covered by the new lead free requirements. Because these devices may be
       designed to  remove lead, EPA expects that some may already meet the lead content limit of
       0.25%.

4.  Q.  I am a manufacturer of stand-alone appliances that are not connected to a  potable water
    distribution system (i.e. non-plumbed), such as coffee makers or pour through water filters. Are
    these types of items required to meet the new definition  of lead free  before I introduce them into
    commerce?

       A. These stand-alone, non-plumbed, appliances or devices do not  logically fit within the
       statutory reference to  pipes, fittings or fixtures because they are  not plumbed in and they
       are not part  of the drinking water distribution system. The focus of SDWA Section 1 41 7 is to
       prevent the contamination of the drinking water in the distribution system  by lead that has
       leached from pipes, faucets and other fixtures incidental to the delivery of  potable water. As
       noted in the legislative history of the 1 996 amendments to Section  1 41 7, "[i]t is the intent of
       the Committee that the terms pipe and plumbing fittings and fixtures in the legislation are in
       reference to drinking water applications...." EPA does encourage manufacturers to avoid the
       use of lead in such appliances and EPA also encourages consumers  to consult the
       manufacturers of these items to make sure that they do not contain lead.

       Where such devices are, however, integrated into pipes,  fitting or fixtures for the delivery of
       water, such as a plumbed in coffee  maker, they would logically come within the scope of the
       new lead free requirements.

5.  Q. Are fire hydrants subject to the lead  free requirements in section 1 41 7(a)?

       A.  No, the Community Fire Safety Act  of 201 3, once enacted, would exempt  fire hydrants
       from the lead free requirements in section  1 41 7(a).

6.  Q. Are household appliances or fixtures, such as washing machines, dishwashers and water
    heaters subject to the lead free requirements?
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                                       Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
       A. If the appliance or fixture is part of the plumbing system and is not used exclusively for
       nonpotable services, it is subject to the lead free requirements. As a result, washing
       machines are exempt as a device that is used exclusively for nonpotable services.
       Dishwashers and water heaters, on the  other hand, are not exempt because they are used for
       potable services.
7.  Q.  How does EPA interpret the phrase "potable services"
       A. EPA interprets "potable services" to be services or applications that provide water suitable
       for human ingestion (e.g. drinking, teeth brushing, food preparation, dishwashing,
       maintaining oral hygiene).

8.  Q.  Are temporarily installed items, including those used for emergency repairs, subject to the
    new lead free requirements?

       A. There is no exemption in the statute for temporary or emergency repairs; therefore under
       the language of the statute, any pipe, fitting or fixture used in installation or repair,
       beginning January 4, 201 4, is subject to the lead free requirements and  must meet the new
       definition of lead free, even if their installation is only temporary or for an emergency repair.

9. Q.  I am a manufacturer of hose bibs (threaded faucets with nozzles bent downward). I market
    them and sell them primarily for use outdoors (e.g. to connect to a garden hose, sprinkler, or
    irrigation system) but they could be used for services associated with human consumption as
    well.  Are the hose bibs required to meet the new definition of lead free?

       A. A hose bib is a pipe, fitting or fixture under the language of the statute and therefore it is
       subject to the requirements in Section 1 41 7 unless it is used exclusively for nonpotable
       services. If you market and sell hose bibs for nonpotable services, and the bibs are
       prominently and clearly labeled as illegal to use for potable services and not anticipated  to
       be used for human consumption, then EPA would generally consider them to be used
       exclusively for nonpotable services and therefore, exempt from the lead free requirements in
       SDWA  1417(a)(l) and (3).

1 0. Q.  I am a manufacturer of pipes, fittings or fixtures (e.g. backflow preventers). Some of the
    products I make are  marketed and sold  for use in nonpotable services exclusively, and some
    products I make are  marketed and sold  for both potable and nonpotable services. The products
    marketed and sold for use in  nonpotable services could theoretically be used for potable
    services.  If I affix a label to the products that are sold for nonpotable services identifying it  as
    illegal to use for potable services, could it be considered exempt under 1 41  7(a)(4)(A)?

       A. Yes. While there is no  requirement in the statute to label pipes, fittings or fixtures as
       either lead free or not lead free, a manufacturer could use labeling to establish that  the pipe,


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                                       Summary Of The
                            Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
       fitting or fixture is used exclusively for nonpotable services and therefore, exempt from the
       lead free requirements in SDWA 1417(a)(l) and (3).  In implementing the new requirements,
       EPA would generally consider pipes, fittings or fixtures to be used exclusively for nonpotable
       services if they are marketed and sold for use  in nonpotable services, and prominently and
       clearly labeled as  illegal to use  in potable services and not anticipated  for human
       consumption.

       EPA also recommends that the  label identify some examples of potable services to convey
       that it includes more than drinking water.  For example, the label could say "It is illegal to
       use this product in potable services such as drinking water, handwashing, food preparation,
       and dishwashing."

11. Q.  I am a manufacturer of 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.  Now that the new law exempts these products from the use prohibition and
   the unlawful commerce provision in SDWA 1 41 7(a)(l) and (3), do they still  need to meet the old
   definition of lead free or could they contain more than 8.0% lead?

       A. Once the amendments take  effect on January 4, 201 4, there will  be nothing in the SDWA
       that would require any part of these products to meet the old (or new) definition of lead free.
       However, there may be State or local laws prohibiting these products from containing more
       than a certain percentage of lead, or other legal implications to increasing the lead content
       of these products, so manufacturers may want to seek legal advice before increasing the lead
       content  of these products.

1 2. Q.  I am a manufacturer of products that are not anticipated to be used in  potable services but
   the products are not used exclusively in nonpotable services. Are the products exempt from the
   requirements of the Act under Section 1 41 7 (a)(4)(A)?

       A. No, only pipes, fittings or fixtures that are  used exclusively in nonpotable services are
       exempt  under 1 41 7(a)(4)(A). If the item is used exclusively in nonpotable services it is also
       not anticipated to be used for human consumption, but the inverse  is not necessarily true.
       Pipes, fittings or fixtures that are not anticipated to be used for human consumption  but are
       physically capable of being used for potable services may not be used  exclusively for
       nonpotable services in which case they would not be exempt under Section 1 41 7(a)(4)(A).

1 3. Q.  I am a manufacturer of products that are sold for use in nonpotable  services but they could
   be connected to potable services.  If I want to assure my products are  used exclusively for
   nonpotable  applications, what kind of labeling should I use?

       A. If you choose to label your pipes, fittings or fixtures in  order to establish that they are to
       be used exclusively for nonpotable services, the labeling should be clear and prominent;


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                                       Summary Of The
                            Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
       otherwise, it may not be reasonable to assume that the product will be used exclusively for
       nonpotable services and not anticipated to be used for human consumption. EPA
       recommends that the labeling consist of both a product label and a packaging label because
       products can get separated from their packaging.  Another reason for labeling both the
       package and the product is that one package may contain many individual products within it
       and purchasers may not be aware of the label on the bulk package. EPA further recommends
       that product labels consist of physically marking the product, a tag physically attached to
       each individual product or an individual bag that contains each individual product. Labels
       should clearly  indicate that it is illegal for  use in potable services and not anticipated for
       human consumption.

Effective Date
14. Q.  I operate a hardware store that sells pipes, fittings  or fixtures primarily to homeowners,
    contractors, and some  small businesses that sell plumbing services.  I recently purchased a large
    amount of pipes, fittings or fixtures that meet the old definition  of lead free, but not the new
    definition of lead free.  If my inventory of these fixtures has not sold by January 4, 201 4, may I
    continue to sell them until I've sold my existing supply?

       A. No. The changes to the law become effective on January  4, 201 4. Congress provided a
       transition period of three years after enactment (201 1) of the new requirements. The statute
       does not provide any further extensions or exceptions for back inventory, small businesses,
       or sales to end-users. However, back inventory that could be used in both potable and
       nonpotable services may still continue to qualify for the exemption, and, as  a result, be sold,
       if the products are  clearly labeled as illegal to use for potable services.

1 5. Q.  I am a builder and I anticipate that I will have a project that is partially completed on January
    4, 201 4. Am I required to remove all the plumbing that is not compliant with the new definition
    of lead free?

       A. Any plumbing installed prior to January 4, 201 4 would not need to be replaced under
       SDWA so long  as it met the lead free requirements applicable at the time of  installation. Any
       pipe, fitting or fixture installed after January 4, 201 4 must meet the new lead free definition.
       EPA recommends you check with your local building inspector to get more information on
       implementation of  this requirement, including any documentation required to demonstrate
       the lead content and installation date.

Calculating Lead Content, Third  Party Certification and Labeling Products
1 6. Q.  I am a manufacturer of plumbing fittings.  How do I determine whether my products  meet
    the definition of lead free in SDWA?
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                                       Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
       A. Starting January 4, 201 4, the statute requires that you use the method for calculating lead
       content in Section 1 41 7(d)(2), which is described in the answer to question 1.

1 7. Q.  I am a manufacturer of plumbing supplies. If I apply a coating to the wetted surface or use a
   lead removal technology to treat the surface,  how does it affect my calculation of the lead
   content of the material used to produce the wetted component?

       A. Section 1 41 7 (d)(l )(B) defines lead free for pipes, fittings or fixtures to mean "not more
       than a weighted average of 0.25% lead" when used with respect to the wetted surfaces. The
       statutory provision for calculating lead content (Section  141 7(d)(2)) provides that "[t]he lead
       content of the material used to produce wetted components is used to determine compliance
       with the lead free definition." That provision also provides that, for lead content of materials
       that are provided as a range, the maximum content of the range must be used. The
       "material used to produce wetted components" includes all of the materials used to produce
       any component that has a wetted surface. If a coating is applied to a pipe, fitting or fixture,
       you must calculate the lead content of both the alloy and the coating and use the maximum
       lead content. If a pipe, fitting or fixture is treated with a lead removal technology,  you would
       need to calculate the lead content of the alloy used to produce the pipe, not just the surface
       of the pipe, fitting or fixture   because the alloy is the  material  used to produce the pipe
       and the pipe is the wetted component.  If the lead content of the material is provided as a
       range, you would use the maximum lead content.

1 8. Q.  Now that the new definition of lead free no longer refers to pipes, fittings or fixtures "in
   compliance with standards established in accordance with subsection (e) of this section", could
   State or local law and regulations still prohibit the use of products that are not in compliance
   with certain voluntary standards?

       A. As of January 4, 201 4, pipes, fittings or fixtures are no longer required by the SDWA to be
       in compliance with voluntary standards (e.g., Section 9 of NSF/ANSI  Standard 61 or NSF/ANSI
       Standard 372) because Congress removed Section 1417(d)(3) (which  referenced Section
       1 41 7(e)) from the definition of lead free.  State or local laws  and  regulations (e.g., plumbing
       codes) however,  may still prohibit the use of products that are not in compliance with certain
       voluntary standards.

1 9. Q.  I am a plumbing manufacturer.  Does the SDWA require that  my products be certified by a
   third party to demonstrate compliance with the new definition of lead free?

       A. The SDWA does not require manufacturers to obtain third party certification of their
       products.  However, EPA encourages manufacturers to use third party certification  or to
       create a system to document compliance (e.g., self-certification) with Section 1 41 7 of SDWA
       and to provide important information to subsequent purchasers or users of the product,
       including retail stores, plumbers and consumers. Additionally, a recent  survey of States


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                                       Summary Of The
                            Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
       found that 47 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.

20. Q.  I am a manufacturer of pipes, fittings or fixtures. Am I required to label my products as
   being lead free?

       A. There are no requirements in SDWA for a manufacturer to label these products as lead
       free; however, EPA encourages manufacturers to provide subsequent purchasers or users of
       the product, including retail stores, plumbers and consumers with information that clearly
       indicates the lead content in the products they are selling or distributing.  Additionally, some
       States or local governments may require lead free labeling.
21. Q.  Is there a role for third party certifications?
       A. While the SDWA does not require third party certification, third party certification bodies
       or agencies may be used by manufacturers to inform consumers which products meet a
       voluntary standard. One such standard, NSF/ANSI 372, is consistent with the requirements of
       the Reduction of Lead in Drinking Water Act. A third party certification such as NSF/ANSI
       372 could be a useful way to identify a product as meeting the requirements of Section
       1 41 7. Also, there may be State or local laws that require third party certification.

22. Q.  I am installing a bathroom sink faucet (e.g., a plumbing fixture serving water intended for
   human consumption) and I want to be sure that the fixture meets the requirements of the
   Reduction of Lead in Drinking Water Act.  How can I tell  which product to  purchase?

       A. Any bathroom sink faucet for sale after January 4, 201 4 must  be lead free (containing not
       more than 0.25% weighted average lead content). While the statute does not require
       labeling, EPA encourages and expects many plumbing product manufacturers to label their
       products as lead free so that they can demonstrate compliance with SDWA as well as provide
       information to purchasers or users of the product.

       Many State plumbing codes require the use of products that are in compliance with NSF/ANSI
       standards 61 and 372.  NSF/ANSI Standard 372 is a certification process by which
       independent laboratories verify that the plumbing product is in compliance with the
       requirements of the 201 1  Reduction of Lead in Drinking Water Act. Products will bear the
       mark of the laboratory that has independently certified that the product meets the standard.
       EPA published a brochure to  assist the public with identifying the various marks  that indicate
       a product has been certified as lead free  to the new  requirement of the Act: "How to Identify
       Lead-Free Certification Marks for Drinking Water System & Plumbing Materials." You can
       access the document at http://nepis.eDa.gov/Exe/ZyPDF.egi?Dockey=PI OOGRDZ.txt
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                                       Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
       Alternatively, a consumer could directly contact the manufacturer of the product to confirm
       that the model you wish to purchase meets the lead free requirements.

Repairs and Replacement Parts

23. Q.  How does EPA interpret the new statutory provisions to apply to repairs, reinstallations, and
replacement parts?

       A.  Repairs of previously installed pipes, fitting or fixtures
       A pipe, fitting or fixture that was installed  in a public water system or a facility providing
       water for human consumption prior to the effective date of the 201 1 Act does not need to
       meet the new definition of lead free regardless of whether it is repaired.  The repaired pipe,
       fitting or fixture  is not being "used" in the  repair or installation, or "introduced into
       commerce" and therefore, the  requirements of Section 1 41 7 are not triggered as a result of
       the repair.   Parts used in repairs may need to meet the requirements of Section 1 41 7 (see
       "Replacement Parts" below and FAQ #24, 26, 27 and 28).

       The temporary removal of pipes, fittings, or fixtures for repairs and reinstallation to their
       original location  would not trigger the requirements of Section 1 41 7 because the pipes,
       fittings or fixtures are not being installed or "used in" repair.  (See FAQ #29). Similarly, the
       temporary removal of pipes, fittings or fixtures for storage or calibration and reinstallation to
       their original location would not trigger the requirements of Section 1417.  (See FAQ #30.)

       Replacement Parts
       After the effective date  of the 201 1 Act, any replacement parts that are  pipes, fittings, or
       fixtures either installed or used in repairs of a public water system or a facility providing
       water for human consumption, or introduced into commerce, must meet the definition of
       lead free.  (See FAQ #25)

       However, where the replacement of pipes,  fittings, or fixtures is part of a device (such as a
       water heater) made up of several component parts and the  device meets the definition of
       lead free in the 201 1  Act, the replacement parts themselves need not meet the new
       definition of lead free. As long as the overall device would  meet it with the replacement part
       installed, then the requirements of Section 1 41 7 would be met.  Such replacement parts
       should be labeled as  specifically for use in the device that meets the new definition of lead
       free. (See FAQ #24.)

       Also, the use or introduction into commerce of replacement parts that are not pipes, fittings,
       or fixtures does not trigger the requirements of Section 1 41 7. EPA recommends that any
       replacement parts that are not pipes, fittings, or fixtures that come  into contact with potable
       water meet the definition of lead free in the 201 1 Act because of their potential to cause
       elevated levels of lead in drinking water, but they are  not required to do so. (See FAQ #26.)


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                                       Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
24. Q. I am a manufacturer of pipes fittings or fixtures that serve water intended for human
    consumption. These pipes, fittings or fixtures are made up of several component parts. If I sell
    or provide free replacement parts, AND the original pipe, fitting or fixture met the lead free
    requirement in the 201 1  Act, must those replacement parts meet the new definition of lead free?

       A. If the original pipe,  fitting or fixture met the lead free requirement in the 201 1 Act, and
       the replacement parts are sold for use in that specific device, they would not make the
       fixture noncompliant, and therefore those parts do not need to meet the lead free
       requirement.

25. Q. I am a plumber who installs and repairs pipes, fittings or fixtures that provide water for
    human consumption. If one of these devices requires replacement after January 4, 201 4 does
    the new  pipe, fitting or fixture need to meet the  new federal  definition of lead free?

       A. Yes, the replacement of a pipe, fitting or fixture would trigger the requirements of Section
       1 41 7 and the new pipe, fitting or fixture would need to meet the new definition of lead free.
       Section 1 41 7(a)(l) prohibits the use of a pipe, fitting or fixture that is not lead free in the
       installation or repair of any plumbing in a residential or non-residential facility providing
       water for human consumption.

26. Q. I am a plumber who installs and repairs plumbing in facilities providing water for human
    consumption. A pipe, fitting or fixture requires repair of a part that is not a pipe,  fitting, or
    fixture. Does the new part  need to meet the definition of lead free?

       A. No. The definition of lead  free  does not apply to component parts that are  not "pipes,
       pipe fittings, plumbing fittings, and fixtures" (referred to in these FAQs  as "pipes, fittings,
       and fixtures"). EPA recommends that the wetted components of any replacement parts that
       are not pipes, fittings,  or fixtures  also be lead free. (See FAQ #2). EPA also notes that solder
       and flux used to install or repair pipes, fittings and fixtures may not contain more than 0.2
       percent lead (See FAQ#1).

27. Q.  I am  repairing, in place, a pipe, fitting or fixture, which provides water for human
    consumption. The pipe, fitting of fixture was installed prior to January 4, 201 4 and I do not
    know whether it meets the  new definition of lead free in the 201 1 Act.  Do the replacement parts
    need to meet the new definition of lead free?

       A.  While the previously installed  pipe, fitting or fixture does not need to  meet the new
       definition of lead free as it was installed  prior to the effective date of the new lead free
       requirements, the statutory language requires that any replacement parts that are pipes,
       fittings or fixtures must meet the  lead free requirements.  In addition, EPA recommends that
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                                       Summary Of The
                             Reduction Of Lead In Drinking Water Act
                                And Frequently Asked Questions
       any replacement parts that are not pipes, fittings, or fixtures that come into contact with
       potable water should meet the definition of lead free in the 201 1 Act.

28. Q.  I am repairing a pipe, fitting or fixture, which provides water for human consumption.  The
    pipe, fitting or fixture was installed a/ferjanuary 4, 201 4 and meets the new definition of lead
    free.  Do the replacement parts need to meet the new definition of lead free?

       A. It is  unlikely that somebody making a repair will  be able to recalculate the weighted
       average of lead in the pipe, fitting or fixture as a whole.  Therefore, if the repair calls for
       parts that are pipes, fitting, or fixtures, those parts must meet the new definition of lead free
       unless the repair is  using parts specifically made by the vendor for use  in repairing the
       specific pipe, fitting or fixture in question, ensuring that the new parts would have the same
       lead content  as the  existing parts that are being replaced.

29. Q. If I am  repairing a pipe, fitting or fixture which was installed prior to January 4, 201 4 and I
    need to temporarily remove it,  does it need to meet the  new definition of lead free after the
    repair has been completed?

       A. No.  The repaired pipe, fitting, or fixture does not need to meet the  definition of lead free
       because it is  not being "used  in" a repair or installed for the first time or introduced into
       commerce. Just as  a pipe, fitting, or fixture that does not meet the new definition of lead
       free may be repaired in place, a pipe, fitting, or fixture can be temporarily taken out of
       service for repair and returned to the same location  without triggering the  requirement to
       meet the definition  of lead  free in the 201 1 Act.  Any component parts used in the repair
       that are themselves pipes, fittings, or fixtures must  meet the definition of lead free in the
       2011 Act (see FAQ#25).

30. Q.  I operate a water system that  temporarily removes pipes, fittings or fixtures (e.g. seasonal
    storage or calibration) and the  pipe, fittings or fixtures are returned to their original location;
    must these  pipes, fittings or fixtures meet the new definition of lead free after January 4, 201 4?

       A. No.  Because the water system is simply returning an unaltered pipe, fitting or fixture to
       the same location it would  not be required to meet the new definition of lead free.

Introduction Into Commerce
31. Q.  Has EPA interpreted the term  "introduction into commerce" in SDWA Section 1 41 7(a)(3)?

       A. Yes. In 1 998, after Section 1 41 7 was amended to prohibit the introduction into commerce
       of any pipes, pipe or plumbing fittings or fixtures,  EPA  issued guidance on the enforcement
       and implementation of Section 1417.   In the guidance,  EPA  explained that  it "interprets
       'introduce into commerce' as used  in Section 1417 of SDWA  to cover not only the initial
       offering of products for sale  but also the sale or distribution from an inventory of products."


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                                      Summary Of The
                            Reduction Of Lead In Drinking Water Act
                               And Frequently Asked Questions
       (WSG #1 29, Sept. 24, 1 998, at 2).

32. Q.  If I  give away free replacement parts, am I introducing those parts into commerce?

       A.   Yes.  As  noted, above, EPA has previously  interpreted  the  phrase  "introduce  into
       commerce" as including the distribution of products, not just the sale of products, so giving
       away free products or parts would be covered by the Act.
          Office of Water (4707M)       EPA 81 5-S-l 3-003             December 201 3
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