EPA Proposes New Labeling, Certification Requirements for Plumbing Pipes, Fittings and Fixtures
The Environmental Protection Agency is proposing new labeling and certification requirements for manufacturers of pipes, fittings, fixtures, solder and flux for drinking water (here). EPA’s proposed rule would require importers and manufacturers of these products to label both on the product itself and on its packaging that the product meets mandatory lead limits. Pipes, fittings and fixtures exempt from lead limits because they are intended for non-potable water would either have to be incompatible with potable water systems or labeled that they are illegal for use with drinking water. Importers and manufacturers would have to obtain third-party certification that they meet lead limits, or self-certify if they are a small business. Comments on the proposed rule are due April 17.
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The proposed rule also codifies in EPA’s regulations 2011 amendments to laws on lead in drinking water that lowered the maximum lead content of wetted surfaces of plumbing products from 8 percent to 0.25 percent. The 2011 law also created new exemptions from lead content requirements for pipes, pipe fittings, plumbing fittings and fixtures used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation and outdoor watering, as well as 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.
For covered products, EPA is proposing to require that all lead-free products be labeled on the packaging, container or tag, as well as directly on the product, unless the product is too small for legible marking. Products too small for marking would still need to be labeled on the package, container or tag. EPA is not proposing a specific phrase that labeling must include. Third-party certification requirements would apply to manufacturers or importers with 100 or more employees to demonstrate compliance with the lead-free definition by obtaining a third-party certification by an accredited body. Manufacturers with fewer than 100 employees or importers representing foreign manufacturers with less than 100 employees would also be able to self-certify by creating a “certificate of conformity” that it posts on a web page for public access.
(Federal Register 01/17/17)