UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     GUIDANCE FROM HOTLINE COMPENDIUM
                                                                              WSGH16
SUBJECT:   Effect of the Lead Ban on Sale of Plumbing Fixtures
             Containing Lead Solder

SOURCE:    Peter Lassovszky
Section 1417(a) of the SDWA established a ban on the use of lead pipes containing more than
eight (8) lead and solder and fluxes containing more than 0.2 percent lead. A faucet
manufacturer markets a certain product across the country. The product is a do-it-yourself unit
which has plastic connections, hence no need for soldering. However, a consumer safety
pamphlet, included with the faucets, informs the buyer that small amounts of lead solder are used
to connect and seal joints inside the unit, thus lead exposure is a possibility.  If the faucet was
manufactured prior to the effective date of the lead ban, can it still be  sold to consumers at
present?  And if the faucet was made after June 19, 1986, was it illegal for the manufacturer to
use lead solder and, again, can the product be marketed?

       Response:

       Section 1417 of the Safe Drinking Water Act (SDWA) prohibits the installation of any
       pipe, solder and flux in the installation or repair of any public water system, or any
       plumbing in a residential or non-residential facility connected  to a public water system.

       In addition to the SDWA, Congress amended Section 4 of the  Federal Hazardous
       Substances Act (FHSA) to prohibit the introduction of any lead solder into interstate
       commerce which has a lead content in excess of 0.2 percent unless, the solder
       prominently displays a warning label stating the content of the lead solder, and a warning
       regarding the prohibited use of such  solder in the joints  or fittings of any private or public
       potable water system.   15 U.S.C. § 1263(k)

       If faucets which contain lead solders used to connect and seal joints inside the unit are
       introduced into interstate commerce, they have to display a warning label to comply with
       the FHSA, regardless of the date of their manufacture. The consumer safety pamphlet
       included with the faucets should include identical language contained on the warning
       label.  In its present form, the safety pamphlet could be easily misinterpreted by the
       consumer, who may not be aware that it is not legal to install such a faucet into his
       household plumbing system.
       The faucets that were delivered to the distributor and retailer before the effective date

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
       GUIDANCE FROM HOTLINE COMPENDIUM
                                                        WSGH16

                                                             of
                                                             the
                                                             lead
                                                             ban
                                                             i
                                                             cou
                                                             Id
                                                             be
                                                             lega
                                                             lly
                                                             sol
                                                             d
                                                             loca
                                                             lly
                                                             wit
                                                             hin
                                                             the
                                                             Stat
                                                             e
                                                             wit
                                                             hou
                                                             t
                                                             dis
                                                             pla
                                                             yin
                                                             g
                                                             war
                                                             nin
                                                             g
                                                             labe
                                                             Is.
                                                             The
                                                             sam
                                                             e
                                                             wo
                                                             uld
                                                             app
                                                             iy
                                                             to

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
       GUIDANCE FROM HOTLINE COMPENDIUM
                                                         WSGH16

                                                              fau
                                                              cets
                                                              ma
                                                              nuf
                                                              actu
                                                              red
                                                              and
                                                              sol
                                                              d
                                                              wit
                                                              hin
                                                              the
                                                              sam
                                                              e
                                                              Stat
                                                              e.
                                                              Ho
                                                              wev
                                                              er,
                                                              as
                                                              stat
                                                              ed
                                                              in
                                                              the
                                                              SD
                                                              W
                                                              A,
                                                              inst
                                                              alia
                                                              tion
                                                              of
                                                              sue
                                                              h
                                                              fau
                                                              cets
                                                              into
                                                              any
                                                              plu
                                                              mbi

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      UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
              GUIDANCE FROM HOTLINE COMPENDIUM

                                                                     WSGH16

                                                                           ng
                                                                           con
                                                                           nect
                                                                           ed
                                                                           to a
                                                                           pub
                                                                           lie
                                                                           wat
                                                                           er
                                                                           syst
                                                                           em
                                                                           wo
                                                                           uld
                                                                           be
                                                                           ille
                                                                           gal.

In summary, it is not federally illegal for the manufacturer to use lead solder in the
faucets.  The product can also be legally marketed, provided that the labeling provisions
prescribed in the FHSA are met. However, some States may have introduced more
stringent requirements prohibiting the sale and marketing of these faucets. Consumers
should not install these faucets into their drinking water supply, unless the manufacturer
certifies that the solder used to connect and seal joints inside the unit is lead  free.

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