(July 1, 1944, ch. 373, title XIV, § 1417, as added Pub. L. 99–339, title I, § 109(a),June 19, 1986, 100 Stat. 651; amended Pub. L. 104–182, title I, § 118, title V, § 501(f)(1),Aug. 6, 1996, 110 Stat. 1645, 1691; Pub. L. 111–380, § 2(a),Jan. 4, 2011, 124 Stat. 4131.)
Amendment of Subsections (a) and (d)
Pub. L. 111–380, § 2,Jan. 4, 2011, 124 Stat. 4131, provided that, applicable beginning on the day that is 36 months after Jan. 4, 2011, this section is amended as follows:
(1) by adding at the end of subsection (a) the following:
“The prohibitions in paragraphs (1) and (3) shall not apply to—
“(A) 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; or
“(B) 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.”; and
(2) by amending subsection (d) to read as follows:
(d) Definition of lead free
(1) In general
For the purposes of this section, the term “lead free” means—
(A) not containing more than 0.2 percent lead when used with respect to solder and flux; and
(B) not more than a weighted average of 0.25 percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.
The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product. The lead content of the material used to produce wetted components shall be used to determine compliance with paragraph (1)(B). For lead content of materials that are provided as a range, the maximum content of the range shall be used.
1996—Pub. L. 104–182
, § 501(f)(1), made technical amendment to section catchline and subsec. (a) designation.
Subsec. (a)(1). Pub. L. 104–182
, § 118(1), substituted “Prohibitions” for “Prohibition” in heading and amended text generally. Prior to amendment, text read as follows: “Any pipe, solder, or flux, which is used after June 19, 1986, in the installation or repair of—
“(A) any public water system, or
“(B) any plumbing in a residential or nonresidential facility providing water for human consumption which is connected to a public water system,
shall be lead free (within the meaning of subsection (d) of this section). This paragraph shall not apply to leaded joints necessary for the repair of cast iron pipes.”
Subsec. (a)(2)(A). Pub. L. 104–182
, § 118(2), inserted “owner or operator of a” after “Each” in introductory provisions.
Subsec. (a)(3). Pub. L. 104–182
, § 118(3), added par. (3).
Subsec. (d)(3). Pub. L. 104–182
, § 118(4), added par. (3).
Subsec. (e). Pub. L. 104–182
, § 118(5), added subsec. (e).
Effective Date of 2011 Amendment
Pub. L. 111–380
, § 2(b),Jan. 4, 2011, 124 Stat. 4132
, provided that: “The provisions of subsections (a)(4) and (d) ofsection
of the Safe Drinking Water Act [42
, (d)], as added by this section, apply beginning on the day that is 36 months after the date of the enactment of this Act [Jan. 4, 2011].”
Notification to States
Section 109(b) ofPub. L. 99–339
provided that: “The Administrator of the Environmental Protection Agency shall notify all States with respect to the requirements of section 1417 of the Public Health Service Act [this section] within 90 days after the enactment of this Act [June 19, 1986].”
Ban on Lead Water Pipes, Solder, and Flux in VA and HUD Insured or Assisted Property
Section 109(c) ofPub. L. 99–339
, as amended by Pub. L. 102–54
, § 13(q)(2),June 13, 1991, 105 Stat. 279
, provided that:
“(1) Prohibition.—The Secretary of Housing and Urban Development and the Secretary of Veterans Affairs may not insure or guarantee a mortgage or furnish assistance with respect to newly constructed residential property which contains a potable water system unless such system uses only lead free pipe, solder, and flux.
“(2) Definition of lead free.—For purposes of paragraph (1) the term ‘lead free’—
“(A) when used with respect to solders and flux refers to solders and flux containing not more than 0.2 percent lead, and
“(B) when used with respect to pipes and pipe fittings refers to pipes and pipe fittings containing not more than 8.0 percent lead.
“(3) Effective date.—Paragraph (1) shall become effective 24 months after the enactment of this Act [June 19, 1986].”