EPA late last week reportedly reversed its controversial decision to apply new lead-content rules to newly installed fire hydrants, just days before the U.S. Senate was expected to vote on legislation addressing the issue.
According to a report posted on the website of the Pittsburgh Tribune-Review, an EPA spokeswoman late Friday said the agency has “concluded that fire hydrants are not widely used as a potable source of water and that the guidance should be revised to exclude fire hydrants if Congress doesn’t take action” before the January 4 effective date of the new standards.
EPA has not formally notified AMWA or other stakeholders of this decision, or how it might go about revising the October 22 Frequently Asked Questions document that first said new hydrants must conform to the new lead standards. As of Sunday evening EPA’s webpage on the topic still listed the October 22 document as the agency’s most recent statement on the issue.
EPA’s apparent reversal comes as the U.S. Senate was widely expected to approve H.R. 3588, the “Community Fire Safety Act,” later this week. The bill, which unanimously passed the House of Representatives on December 2, would overrule EPA’s October 22 interpretation by adding fire hydrants to a list of products (such as toilets and shower valves) that are statutorily exempt from the new lead-content standards. An identical version of the bill introduced in the Senate last week as S. 1779 had also attracted bipartisan support.
EPA’s announcement could leave H.R. 3588 with an uncertain future. Some lawmakers have said they prefer an administrative solution to the hydrant problem, with a legislative fix only a last resort. Senators holding this view could potentially block the chamber from quickly passing the legislation now that EPA has apparently changed course. The fate of the bill must be decided relatively quickly, however, as the Senate is aiming to adjourn for the year by this Friday.