UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WSG30
Date Signed: April 23, 1987
Honorable Jack Fields
House of Representatives
Washington, D.C. 20515
Dear Mr. Fields:
I am responding to your letter of March 26, 1987, in which you requested answers to
several questions posed by Mr. John Collins about the lead ban provisions in the Safe Drinking
Water Act (SDWA) Amendments of 1986 (P.L. 99-339). My response will answer each question
as posed by Mr. Collins.
1) "Is the law now in effect? I have been told that the law will be in effect in June
1988."
The law is in effect now. After June 19, 1986, (the effective date of the SDWA
amendments) any solder, flux, and pipe used in the installation or repair of any
public water supply system, or in any plumbing in a residential or non-residential
facility providing water for human consumption which is connected to a public
water supply system must be "lead free." "Lead free" means that solder and flux
may not contain more than 0.2 percent lead and pipe may not contain more than
8.0 percent lead. The States must enforce this requirement within two years (June
19, 1988).
2) "Who will enforce the law, and what are the penalties for noncompliance?"
As explained above, all States must have a mechanism in place to enforce this
prohibition by June 19, 1988. It is up to each State to decide how best to
implement this requirement. Penalties for noncompliance will be a function of
each State's laws and regulations. In addition, beginning June 19, 1988, the
Department of Housing and Urban Development and the Veterans Administration
may not provide mortgage insurance or other assistance for new residential
property unless the plumping is "lead free." Also beginning June 19, 1988, solder
which has lead content in excess of 0.2 percent must prominently display a
warning label that the use of that solder in making joints or fittings in any private
or public potable water supply is prohibited.
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WSG30
3) "How will the solder-joints be tested? Whose responsibility is this?"
Several test kits are available to enable inspectors to test for the lead content of solder
joints in the field. It is the responsibility of the State (or local governments) to ensure
that the lead ban provisions are enforced. EPA will evaluate each State's enforcement
program to ensure a lead ban mechanism is in place and adequately enforced.
4) "What civil liabilities will be incurred if it is proven that lead bearing solder has been
used, and as a result lead poisoning to a human? The above in regards to (a) the
plumbing contractor; (b) the building contractor; (c) the plumbing supply house which
sold the lead bearing solder?"
EPA can only address the responsibilities imposed by the SDWA. Questions
concerning specific product liability are determined by State law. The SDWA simply
bans the use of products that are not "lead free" as defined by the Act. The SDWA is
neutral on the issue of liability. It neither imposes liability nor relieves individuals of
liability for any injury caused by lead bearing products. Of course, in determining
whether to impose such liability a court may consider whether the defendant was in
compliance with the lead prohibition requirements of the Safe Drinking Water Act as
well as State law implementing the lead ban.
5) "What penalties will be incurred if the State and/or local governments do not comply
with this law?"
If a State fails to enforce the prohibition EPA may withhold up to five percent of the
State's Public Water System Supervision program grant. Any penalties on local
governments will be determined by each State government.
I trust this information will clarify the lead ban provisions of the Safe Drinking Water
Act. I appreciate your questions and welcome any further clarifications you may have.
Sincerely,
(signed for by Rebecca Hanmer)
Lawrence J. Jenson
Assistant Administrator
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