Andre Algazi - DTSC
916-324-3114
AAlgazi@dtsc.ca.gov
Dr. Li Tang - DTSC
916-322-2505
LTang@dtsc.ca.gov
Tyrone Smith
916-445-5658
TSmith@dtsc.ca.gov
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Department of Toxic Substances
Control Office of Pollution Prevention and
Green Technology
Multimedia Products Unit
Today’s Topics
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Goals of AB 1953
Testing and Monitoring Results
Regulatory Authorities
NSF Standards and 3rd Party Certification
Future Directions - National Standards
Regulatory Background
"Lead free," as defined in the SDWA, means
that the maximum allowed concentration is:
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0.2 percent in solder and flux;
8.0 percent in pipes and pipe fittings;
4.0 percent lead by dry weight in plumbing fittings
and fixtures.
Regulatory Background
On January 1, 2010, California law (HSC section
116875) further reduced "lead free" to mean that the
maximum allowed lead content is:
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0.2 % lead in solder and flux;
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0.25 % lead in wetted surfaces of pipes, pipe fittings,
plumbing fittings and fixtures, as determined by a
weighted average.
Regulatory Background
The new California law further prohibits:
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Any person from using any pipe, pipe or plumbing fitting or fixture, solder, or
flux that is not "lead free" in the installation or repair of any public water system
or any plumbing in a facility providing water for human consumption, except
when necessary for repair of leaded joints of cast iron pipes;
Any person from introducing into commerce any pipe, pipe or plumbing fitting,
or fixture that is not "lead free," except for a pipe that is used in manufacturing
or industrial processing;
Any person engaged in the business of selling plumbing supplies, except
manufacturers, from selling solder or flux in the business that is not "lead free;"
Regulatory Authorities
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State
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Local
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Department of Toxic Substances Control HSC §25214.4.3
California Department of Public Health HSC §116875
CA Attorney General’s Office
City/County Environmental Health Department
Local Building Department
City Attorney/County District Attorney
Regulatory Authorities Con’t
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While DTSC is required to test and evaluate compliance to the
lead free standards, enforcement authority of the lead free
standard was not given to DTSC.
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Regarding the DPH Drinking Water Program (Drinking Water
Program), if the products or components are considered part of a
public water system, they are regulated through the Drinking
Water Program requirements.
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DTSC's Role in Implementing
Low Lead in Plumbing Law
Role as Auditor
 Testing Protocol
 Annual Sampling and Testing
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Web Posting and Reporting
Coordination and Outreach
http://www.dtsc.ca.gov/PollutionPrevention/LeadInPlumbing.cfm
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HSC § 25214.4.3
DTSC is required to:
 1) annually select, to the extent resources are available, up to
75 drinking water faucets and other fittings and fixtures for
testing and evaluation to determine compliance with the lead
free standards in Health and Safety Code section 116875,
 2) post the test results on DTSC’s internet web site, and
 3) transmit the test results in an annual report to the California
Department of Public Health (DPH).
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Components and Wetted Surface
Areas
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2010 Lead in Plumbing Annual Report
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Posted on DTSC web site
http://www.dtsc.ca.gov/PollutionPreventio
n/LeadInPlumbing.cfm
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Sampling from 1 January
2010 thru 31 December 2010
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44 individual plumbing
products collected and tested
AB 1953 Sampling Results
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AB 1953 Result by Product Types
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Reduction of Lead in Drinking
Water ActP.L. 111-380 (S. 3874)
Amends SDWA Section 1417 – Prohibition on Use
and Introduction into Commerce of Lead Pipes,
Solder and Flux
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Changes the definition of “lead-free” by reducing lead content from 8%
to a weighted average of not more than 0.25% in the wetted surface
material (primarily affects brass/bronze)
Modifies the applicability of the prohibitions by creating exemptions
Eliminated provision that required certain products to comply with
“voluntary” standards for lead leaching
Establishes statutory requirement for calculating lead content
Effective 36 months from signature – January 4, 2014
Lead and Copper Rule - Long
Term Revision (LTR)
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revise the regulations to include the new SDWA definition of
lead free plumbing materials in the regulations
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EPA also intends to clarify how best to distinguish plumbing
materials that are exempt from the requirements
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address third-party certification
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defining the extent of the repair use prohibition in the act.
Lead and Copper Rule – LTR con’t
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One option could be that unless products are
used exclusively for non-potable purposes,
they would have to meet the “lead-free”
requirements.
Another option is that both potable and nonpotable versions could be made, but only if
the non-potable products are clearly labeled
as not for potable applications
New Lead Free Exemptions
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–1417(a)(4)(A)
One exemption is 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;”
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New Lead Free Exemptions
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1417(a)(4)(B)
Another exemption is for “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.
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Any item covered by either of the two
exemptions can have any amount of lead.
Issue #1: Demonstrating that
Products are Lead Free
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Require manufacturers to have products certified by a qualified
independent third party
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EPA assisted in the development of NSF/ANSI Standard 372 which uses
the same calculation as required under new SDWA lead free definition
Manufacturer certification with publicly available documentation
of their calculations/tests
Issue #2: Scope of the Exemptions
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1417(a)(4)(A) Exemption
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–This exemption from the lead free requirements is for products
that “are used exclusively for non-potable services”. To qualify
for the exemption, must the product be physically incapable of
use in potable services or could it be physically capable of use
in potable services, but labeled as illegal for use in potable
services?
Issue #2: Scope of the Exemptions
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Potential Approaches
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–Allow dual product lines (potable and non-potable products
that are interchangeable) if the non-potable version of the
product is labeled as not for potable purposes
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–All products that are interchangeable with a potable
counterpart must meet the new lead content limit because it is
not “used exclusively for non-potable services”.
Issue #2a: Identifying Non-Potable
Products if Dual Product Lines Allowed
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If dual product lines are allowed, what kind of label
should be used?
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Require labeling of package
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Require labeling of product
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Require labeling of package and product
Issue #3: Identifying “Lead Free”
Products
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Labeling could help distinguish between back inventory that
does not meet 0.25% lead content requirement and products
that do meet the 0.25% lead content requirement
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Approaches ?
-Require independent third-party certification against
NSF/ANSI Standard 372, which includes certifier’s mark
-Require manufacturers to label products that meet 0.25%
lead content if not done via third-party certification
-Do not require labeling of lead content , rely on labeling of
non-potable products or prohibit interchangeable non-potable
products
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Issue #4: Calculation of Lead
Content
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Lead content at the surface of the product is used
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Lead content of the alloy used to produce the wetted
component is used and not just the lead at the
surface layer
NSF/ANSI 372 – 2011
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NSF/ANSI 61 establishes limits for the amount of
lead that may migrate into drinking water from the
water contact materials within a drinking water
contact product
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NSF/ANSI 372 establishes a limit on the amount
of lead that may be contained within the water
contact materials in a drinking water contact product.
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Lead Content Verification Testing
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Lead content verification testing shall at a
minimum include screening of the following:
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Materials with lead content specifications greater
than zero.
Any materials, including coatings and their
substrates, with wetted surfaces areas in excess
of 10% of the wetted surface area of the product.
Lead content screening
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Screening may be used to check the lead
content in the following cases, but not limited
to:
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Screening of components where no lead is expected (e.g. certain
plastics, elastomers, coatings);
Screening of components where lead is expected for comparison
to material specification information; and
Initial screening of components to identify and prioritize items for
further testing.
Issue #5: Repairing and Returning
Products to Service
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Potential Approaches
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Entire unit would need to meet 0.25% lead content
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Only components being replaced would need to meet the
0.25% lead content
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Approaches assume that all component parts being sold
separately meet the 0.25% lead content
Resources
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DTSC’s lead in plumbing page
– http://www.dtsc.ca.gov/PollutionPrevention/LeadInPlumbing.cfm
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NSF Low Lead Plumbing Products Guide
– http://www.nsf.org/business/mechanical_plumbing/annexg.asp
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U.S EPA
Commonly Asked Questions: Section 1417 of the Safe Drinking
Water Act and the NSF Standard | Drinking Water Standards | US
EPA
– http://water.epa.gov/scitech/drinkingwater/dws/plumbing.cfm
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California Department of Public Health
– Drinking Water Program's regulation of public water systems:
AB1953DWP@cdph.ca.gov.
Future Questions
Call or e-mail
OPPGT,Multimedia Products Unit
Tyrone
Smith
(916) 445-5658
Leadinplumbing@dtsc.ca.gov
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Contacts
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For Lead and Copper Rule – LTR Upcoming
Guidelines and Comments please contact:
Lameka Smith, Standards and Risk Management
Division, OGWDW, U.S. Environmental Protection
Agency; by telephone (202) 564-1629 or
email smith.lameka@epa.govmailto: