Section 611.126 Using Lead-Free Pipes, Fittings, Fixtures, Solder, and Flux for Drinking Water

Section 611

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE F: PUBLIC WATER SUPPLIES

CHAPTER I: POLLUTION CONTROL BOARD

PART 611 PRIMARY DRINKING WATER STANDARDS

SECTION 611.126 USING LEAD-FREE PIPES, FITTINGS, FIXTURES, SOLDER, AND FLUX FOR DRINKING WATER

Section 611.126  Using Lead-Free Pipes, Fittings, Fixtures,

Solder, and Flux for Drinking Water

a)         Applicability

and Scope

1)         This

Section incorporates federal standards for

pipes; pipe

or plumbing fittings; or fixtures, solder, and flux

,

as

sections 1417 and 1461 of SDWA (42 U.S.C. 300g-6 and 300j-21) require

.

This Section applies to any person introducing these products into commerce,

such as a manufacturer, importer, wholesaler, distributor,

reseller, or retailer

.  This Section also applies to any person using these

products when installing or repairing specific facilities:

A)        A PWS;

or

B)        A

residential or nonresidential facility providing water for human consumption.

2)         This

subsection (a)(2) corresponds with 40 CFR 143.10(b), which USEPA marked "reserved".

This statement maintains structural consistency with the corresponding USEPA

rules.

BOARD NOTE:  Subsection (a)

derives from 40 CFR 143.10.

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

es

, 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.

"C

ustom

fabricated product

" means a product:

A

manufacturer makes on a case-by-case basis

to accommodate the unique needs

of a single customer;

N

ot having

an assigned Universal Product Code (UPC)

;

T

hat no

manufacturer, importer, wholesaler, distributor, retailer, or other source

stocks or makes available through inventory for distribution

; and

T

hat 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

rson 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:

P

rocessing

or making a product

; or

H

aving 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

rwise 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:

P

rocessing

or making a product

; or

H

aving 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 611.10

1.

"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

in Section 611.10

1.

"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)        T

he 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

l 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.

d)         Use

Prohibitions

1)         No

person may use

any pipe, pipe or plumbing fitting or

fixture, solder, or flux

that is

not lead

-

free

in the installation

or repair of specific facilities:

A)        Any

PWS; or

B)        Any

plumbing in a residential or nonresidential facility providing water for human

consumption.

2)         Subsection

Subsection (c)

derives from 40 CFR 143.12.

d)         Use

Prohibitions

1)         No

person may use

any pipe, pipe or plumbing fitting or

fixture, solder, or flux

that is

not lead

-

free

in the installation

or repair of specific facilities:

A)        Any

PWS; or

B)        Any

plumbing in a residential or nonresidential facility providing water for human

consumption.

2)         Subsection

(d)(1) does not apply to leaded joints necessary for the repair of cast iron

pipes.

BOARD NOTE:  Subsection (d)

derives from 40 CFR 143.13.

e)         This

subsection (e) corresponds with 40 CFR 143.14, requiring authorized states to

implement the requirements of section 1417(a)(1) of SDWA (42 U.S.C.

300g-6(a)(1)) and 40 CFR 143.13.  This statement maintains structural

consistency with the corresponding USEPA rule.

f)

Introduction into Commerce Prohibitions

1)         No

person may introduce into commerce

any pipe, pipe or

plumbing fitting or fixture, solder, or flux

that is not lead

-

free,

except for a pipe

for use

in

manufacturing

or industrial processing;

2)         No

person engaged in the business of selling plumbing supplies in the United

States, except a manufacturer, may sell solder or flux that is not lead

-

free;

and

3)         No

person may introduce into commerce any solder or flux that is not lead

-

free,

unless the solder or flux bears a prominent label stating that it is illegal to

use the solder or flux in the installation or repair of any plumbing providing

water for human consumption.

BOARD NOTE:  Subsection (f)

derives from 40 CFR 143.15.

g)         Exemptions.

S

ubsections (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

ctions (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 (if 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.

h)         This

subsection (h) corresponds with 40 CFR 143.17, which USEPA marked "Reserved".

This statement maintains structural consistency with the corresponding USEPA

rule.

i)

Required Labeling of Solder and Flux That Is Not

Lead

-

Free

t,

eyewash devices, fire suppression sprinklers, steam-capable clothes dryers, and

sump pumps.

BOARD NOTE:  Subsection (g)

derives from 40 CFR 143.16.

h)         This

subsection (h) corresponds with 40 CFR 143.17, which USEPA marked "Reserved".

This statement maintains structural consistency with the corresponding USEPA

rule.

i)

Required Labeling of Solder and Flux That Is Not

Lead

-

Free

.  Solder and flux that is not "lead

-

free",

as defined in subsection (c)(1)(A), must bear a prominent label stating that

it is illegal to use the solder or flux in the

installation or repair of any plumbing providing water for human consumption

.

BOARD NOTE:  Subsection (i)

derives from 40 CFR 143.18.

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

ly 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

rer 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)         T

o 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

thorized 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)          T

he 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

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)         T

he 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.

k)

Compliance Provisions

1)         N

ot complying with the Act or

this Section

may subject a person to enforcement action.  E

nforcement action may include injunctive or declaratory

relief

,

a Board order to cease and desist

,

civil penalties, or criminal penalties.

2)

USEPA or the Agency

may, on a case-by-case

basis, request any information,

such as records it

deems necessary

to determine

whether a person

complies

with

section 1417 of the Safe Drinking

Water Act (42 U.S.C. 300g-6); subpart B of 40 CFR 143, incorporated by

reference in Section 611.102; and this Section

relief

,

a Board order to cease and desist

,

civil penalties, or criminal penalties.

2)

USEPA or the Agency

may, on a case-by-case

basis, request any information,

such as records it

deems necessary

to determine

whether a person

complies

with

section 1417 of the Safe Drinking

Water Act (42 U.S.C. 300g-6); subpart B of 40 CFR 143, incorporated by

reference in Section 611.102; and this Section

.  T

he

manufacturer or importer must provide requested information to USEPA or the

Agency

at a time and in a format

as reasonably

requested by USEPA or the Agency

.

BOARD NOTE:  Subsection (k)

derives from 40 CFR 143.20.