b) Definitions. The following definitions
apply to this Section:
"Accredited third-party certification body" means a body the
American National Standards Institute (ANSI) accredits to provide product
certification for meeting the lead-free requirements of not more
than a weighted average of 0.25 percent lead content for the wetted surfaces,
consistent with section 1417 of SDWA and subsection (c), such as certification
to the NSF/ANSI 372 standard.
"Administrator" means the Administrator of USEPA or an
authorized representative.
"Affiliated" means a person or entity directly controlling,
indirectly controlling (through one or more intermediaries), under control of,
or under common control with a specific person or entity. Affiliated persons or
entities include any of the following: a parent company and all wholly or
partially owned subsidiaries of the parent company, or two or more corporations
or family partnerships having overlap in ownership or control.
"Alloy" means a substance composed of two or more metals or
of a metal and a nonmetal.
"Coating" means a thin layer of material, such as paint,
epoxy, zinc galvanization, or other material, usually applied by spraying or in
liquid form to coat internal surfaces of pipes, fittings, or fixtures.
"Custom fabricated product" means a product:
A manufacturer makes on a case-by-case basis to accommodate
the unique needs of a single customer;
Not having an assigned Universal Product Code (UPC);
That no manufacturer, importer, wholesaler, distributor,
retailer, or other source stocks or makes available through inventory for
distribution; and
That no person catalogs in print or on the internet with a
specific item number or code.
"Drinking water cooler" means any mechanical device that is
affixed to drinking water supply plumbing actively cools water for human
consumption.
"Fitting" means a pipe fitting or plumbing fitting.
"Fixture" means a receptacle or device connected to a water
supply system or discharging to a drainage system or both. Fixtures used for
potable uses include:
Drinking water coolers, drinking water fountains, drinking
water bottle fillers, and dishwashers;
Plumbed-in devices, such as point-of-use treatment devices,
coffee makers, and refrigerator ice and water dispensers; and
Water heaters, water meters, water pumps, and water tanks,
unless nobody uses them for potable uses.
"Flux" means a substance someone uses to help melt or join
metals, such as by removing oxides and other coatings or residues from the
metals before joining by using solder or other means.
"Importer" means any person introducing any pipe, pipe or
plumbing fitting or fixture, solder, or flux entering the United States into
commerce; any "importer", as defined in
19 CFR
101.1, incorporated by reference in Section
611.102; or both.
"Introduce into commerce" or "introduction into commerce"
means selling or distributing products or offering products for sale or
distribution in the United States.
"Liner" means a rigid lining, such as a plastic or copper
sleeve, that is:
Sealed with a permanent barrier to exclude lead-bearing
surfaces from water contact; and
Of sufficient thickness and otherwise has physical properties
necessary to prevent erosion and cracking for the expected useful life of the
product.
"Manufacturer" means a person or entity conducting either of
certain activities:
Processing or making a product; or
Having a second person process or make products under a
contractual arrangement for distribution, using the first person's or entity's
brand name or trademark.
"Non-potable services" means all product uses and
applications that are not potable uses.
"Person" means an individual, corporation, company,
association, partnership, municipality, or State or federal agency, including
an officer, employee, or agent of a corporation, company, association,
municipality, or State or federal agency.
"Pipe" means a conduit, conductor, tubing, or hose and may
also include permanently attached end fittings.
"Pipe fitting" means any piece, such as a coupling, elbow, or
gasket, a person uses for connecting pipe lengths or other plumbing pieces
together or for changing direction.
"Plumbing fitting" means a plumbing component controlling the
volume or directional flow of water, such as a kitchen faucet, bathroom
lavatory faucet, manifold, or valve.
"Point-of-use treatment device" means point-of-use treatment
device, as defined in Section
611.102.
"Potable uses", for purposes only of this subsection (b),
means services or applications providing water for human ingestion, such as
drinking, cooking, preparing food, dishwashing, brushing teeth, or maintaining
oral hygiene.
"Product" means a pipe, fitting, or fixture.
"Public water system" or "PWS" is defined in Section
611.101.
"Solder" means a type of metal persons use to join metal
parts, such as sections of pipe, without melting the existing metal in the
joined parts. Solder usually appears on the market in the form of wire rolls or
bars.
"State" means the State of Illinois and its authorized
agencies.
"United States" includes its commonwealths, districts,
states, tribes, and territories.
"Water distribution main" means a pipe, typically found under
or adjacent to a roadway, supplying water to buildings via service
lines.
BOARD NOTE: Subsection (b) derives from
40 CFR
143.11.
c) Definition of Lead
-Free and
Calculation Methodology
1)
"Lead
-free", for the purposes of this Section, means:
A) Not containing more than 0.2 percent lead,
for solder and flux; and
B) Not
more than a weighted average of 0.25 percent lead if the wetted surfaces of
pipes, pipe fittings, plumbing fittings, and fixtures.
2) Calculate the weighted average lead
content of a pipe, pipe fitting, plumbing fitting, or fixture using the
following formula:
A) For each wetted
component, multiply the percentage of lead in the component by the ratio of the
wetted surface area of that component to the total wetted surface area of the
entire product to derive the weighted percentage of lead of the
component.
B) The sum of the
weighted percentage of lead of all wetted components gives the weighted average
lead content of the product.
C) Use
the lead content of the material used to produce wetted components to determine
compliance with subsection (c)(1)(B).
D) For lead content of materials given as a
range, use the maximum content of the range.
3) If a coating is applied to the internal
surfaces of a pipe, fitting, or fixture component, use the maximum lead content
of both the coating and the alloy to calculate the lead content of the
component.
4) If a liner is
manufactured into a pipe, fitting or fixture, use the maximum lead content of
the liner to calculate the lead content of the component.
5) If a fixture contains any media
(e.g., activated carbon, ion exchange resin) contained in
filters, do not use the media in determining the "total wetted surface area of
the entire product" in subsection (c)(2).
6) In addition to the definitions of
"lead
-free" in subsections (c)(1) through (c)(5), no drinking
water cooler containing any solder, flux, or storage tank interior surface that
may come into contact with drinking water is lead
-free if the
solder, flux, or storage tank interior surface contains more than 0.2 percent
lead. The manufacturer must make its drinking water coolers so that each
individual part or component that may come in contact with drinking water does
not contain more than eight percent lead while still meeting the maximum 0.25
percent weighted average lead content of the wetted surfaces of the entire
product.
BOARD NOTE: Subsection (c) derives from
40 CFR
143.12.
g) Exemptions. Subsections (d), (f), and (j)
do not apply to certain products:
1) Pipes,
pipe fittings, plumbing fittings, or fixtures, including backflow preventers,
exclusively for use in non-potable services such as manufacturing, industrial
processing, irrigation, outdoor watering, or any other uses in which no person
would reasonably anticipate that someone would use the water for human
consumption. Additional products that could be "used exclusively for
non-potable services" include:
A) Products
clearly labeled, on the product, package, or tag with a phrase like, "Not for
use with water for human consumption", or another phrase conveying the same
meaning in plain language;
B)
Products incapable of use in potable services (e.g.,
physically incompatible) with other products needed to convey water for potable
uses; and
C) Products plainly
identifiable and marketed as solely for a use other than conveying water. These
other uses include conveying air, chemicals other than water, hydraulic fluids,
refrigerants, gases, or other non-water fluids.
2) Toilets, bidets, urinals, fill valves,
flushometer valves, tub fillers, shower valves, fire hydrants, service saddles,
and water distribution main gate valves (provided the valves are at least two
inches (5.1 cm) in diameter or larger).
3) Clothes washing machines, emergency drench
showers, emergency face wash equipment, eyewash devices, fire suppression
sprinklers, steam-capable clothes dryers, and sump pumps.
BOARD NOTE: Subsection (g) derives from
40 CFR
143.16.
j) Required Certification of Products
1) A manufacturer or importer introducing
into commerce products that must meet the lead
-free requirements
of section 1417 of the Safe Drinking Water Act and subsection (c) must ensure,
except as provided in subsections (j)(1)(A) through (j)(1)(C), that the
products are certified compliant, as specified in subsections (j)(2) and
(j)(3), by September 1, 2023, or before introducing the product into commerce,
whichever occurs later. The manufacturer or importer must maintain
documentation substantiating the certification for at least five years after
the date the manufacturer or importer last sold the product.
A) Product components of assembled pipes,
fittings, or fixtures do not need to be individually certified if the entire
product in its final assembled form is lead-free certified.
B) Direct replacement parts for previously
installed lead-free certified products do not need to be individually certified
if the weighted average lead content of wetted surface area for the part does
not exceed the lead content of the original part.
C) Dishwashers do not need to be
certified.
2) The
manufacturer or importer must obtain certification of its products from an
accredited third-party certification body, except as provided in subsection
(j)(3). The manufacturer or importer must keep records for all products an
accredited third-party certification body certifies, minimally including
documents substantiating certification, certification dates, and expiration
dates. The manufacturer or importer must provide these documents upon request
to the Agency or USEPA, as specified in subsection (k)(2).
3) A manufacturer or importer may
self-certify its products under subsection (j)(3)(A) or (j)(3)(B). A
manufacturer or importer electing to self-certify its products must comply with
subsections (j)(4) through (j)(7).
A)
Manufacturers having fewer than ten employees, or importers entering products
purchased from or manufactured by manufacturers having fewer than ten
employees, may elect to self-certify products in lieu of obtaining
certification from an accredited third-party certification body. The number of
employees includes any persons employed by the manufacturer and its affiliated
entities. The number of employees must be calculated by averaging the number of
persons that the manufacturer and its affiliated entities employ, regardless of
part-time, full-time, or temporary status, for each pay period over the
manufacturer's and affiliated entities' latest 12 calendar months or averaged
over the number of months in existence if less than 12 months. Any firm that
subsequently expands employment to ten or more employees, based on the most
recent 12-month average number of persons employed, is no longer eligible to
self-certify products and must obtain third-party certification within 12
months after having ten or more employees.
B) A manufacturer or importer may elect to
self-certify any custom-fabricated product in lieu of obtaining certification
from an ANSI-accredited third-party certification body, regardless of the
number of persons the manufacturer or importer employs.
4) To self-certify products, the eligible
manufacturer or importer must attest that its products comply with the
definition of "lead
-free" in subsection (c) by developing and
maintaining a "certificate of conformity". The certificate of conformity must
be:
A) Signed by a responsible corporate
officer; general partner; proprietor; or an authorized representative of a
responsible corporate officer, general partner, or proprietor; and
B) Posted the certificate to a website with
continuing public access in the United States, unless the certificate is being
distributed by other means (e.g., electronically or in hard
copy) with the product through the distribution channel for final delivery to
the end-use installer of the product.
5) The certificate of conformity must be in
English and include:
A) Contact information
for the manufacturer or importer:
i) The
entity's or proprietor's name;
ii)
Street and mailing addresses;
iii)
Phone number; and
iv) Email
address;
B) For products
imported into the United States, contact information for the
manufacturer;
C) A brief listing of
the products, including, when applicable, unique identifying information such
as model names and numbers;
D) A
statement attesting that the products meet the lead
-free
requirements of section 1417 of the Safe Drinking Water Act (42 U.S.C.
300g-6) and subpart B of 40 CFR
143 and that
the manufacturer or importer is eligible to self-certify the product under that
rule;
E) A statement indicating how
the manufacturer or importer verified conformance with section 1417 of the Safe
Drinking Water Act (42
U.S.C.
300g-6) and subpart B of 40 CFR
143;
and
F) The signature, date, name,
and position of the signatory and the name and position of the officer,
partner, or proprietor who is principal if the signatory certifies as agent on
behalf of a responsible corporate officer.
6) A manufacturer or importer self-certifying
products must maintain, at a primary place of business within the United
States, certificates of conformity and sufficient documentation to confirm that
products meet the lead-free requirements of this Section. Sufficient
documentation may include detailed schematic drawings of the products
indicating dimensions, records of calculations of the weighted average lead
content of the products, documentation of the lead content of materials used in
manufacture, and other documentation the manufacturer or importer used in
verifying the lead content of a plumbing device. The manufacturer or importer
must provide this documentation and certificates of conformity upon request to
the Agency or USEPA, as specified in subsection (k)(2). The manufacturer or
importer must also maintain this documentation and certificates of conformity
for at least five years after it last sold the product.
7) The manufacturer or importer must complete
the certificate of conformity and documents before introducing a product into
commerce.
BOARD NOTE: Subsection (j) derives from
40 CFR
143.19.
