Reduction of Lead in Drinking Water Act

Lead in Drinking Water Act

Click here for a printable PDF copy of the entire notice:  Reduction of Lead in Drinking Water

Subject:  The Reduction of Lead in Drinking Water Act Date:  December 2013, Revised March 2014

The Reduction of Lead in Drinking Water Act, signed January 4, 2011, amends Section 1417 of the Safe Drinking Water Act (“SDWA”), and goes into effect January 4, 2014.  This law reduces the allowable level of lead in plumbing products used to convey water for human consumption from 8.0% (where it stood since 1986) to 0.25% using a new method of lead content assessment.  The law applies to the installation, sale, and resale of potable plumbing products and will impact all current inventory (in warehouses or ReStores) and future donations.  In order to avoid fines and penalties from state and/or federal agencies, all Habitat Affiliates and ReSotres must understand and comply with the law effective January 4, 2014.

I.  The Federal Law:

As of January 4, 2014, Affiliates cannot (i) install, (ii) sell or (iii) resell “pipes, pipe fittings, plumbing, fittings or fixtures” that are not “lead free.”  See 42 U>S>C> 300g-6, as amended.  The new definition of “lead free” requires that the product have less that 0.25% lead content based on a new, statutory formula that factors the total number of components and the wetted surface area of each component.

  •  Products subject to this law:  pipes, fittings, and fixtures that may provide water for human consumption (drinking, teeth brushing, food preparation)
    • kitchen faucets
    • bathroom sink faucets
    • dishwashers
    • water heaters
    • pipes and pipe fittings leading to these faucets/appliances
    • plumbed-in appliances (if the tubing is not entirely vinyl, PVC, or plastic piping are not subject to the lead law.  Based on guidance from industry experts and the EPA, HFHI advises its affiliates that refrigerators (even those with ice makers or water dispensers) are included in this category of plumbed-in appliances that fall outside the scope of the lead law.  Thus, Affiliates can continue to sell refrigerators in the normal course of business as they did prior to January 4, 2014.
    • even if installation is only temporary or for an emergency repair
  • Products exempt from this law:
    • 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.  See 1417(a)(4)(B)
      • This exemption category includes, but is not limited to:
        • toilets
        • showerheads
        • bathtub fillers
        • all valves and piping leading to such toilets, bath and shower fixtures
      • The 2 inch diameter qualification refers only to the “water distribution main gate valves”.  This means that showerheads, bathtub fixtures, and related piping are exempt from the lead law regardless of size.
    • pipes, fittings, and fixtures used exclusively for services where water is not anticipated to be used for human consumption.  See 1417(a)(4)(A)
      • manufacturing, industrial, processing, irrigation, outdoor watering, washing machine
    • Fire Hydrants
      • The House and Senate recently passed a Bill that now makes fire hydrants exempt from this law.  The statue will be amended accordingly.