The answers to the majority of frequently asked questions (FAQs) in EPA’s new summary of the Reduction of Lead in Drinking Water Act of 2011 (the Act) were crafted as anticipated. However, an unexpected interpretation in the response to one FAQ indicates that fire hydrants are to be included in definition of “pipes, pipe fittings, plumbing fittings and fixtures” covered under the Act. This interpretation is problematic as it comes late in the process and, AMWA believes, counter to legislative intent.
According to EPA’s FAQs, the inclusion of fire hydrants in the definition of “lead free” is premised upon the potential for water provision through temporary connections in emergency or other special circumstances. As a result, EPA has interpreted hydrants as being used to supply potable water. Use of hydrants in such circumstances represents a de minimis health risk, a perspective that has led to the exclusion fire hydrants under similar state-level lead free standards. In particular, the California standard that served as the basis for development of the federal legislation exempts fire hydrants and it was anticipated that the federal standard did the same.
Because of EPA’s unanticipated interpretation, AMWA and a coalition of other associations are working to craft letters to both EPA and Congress asking them to delay the implementation of the criteria with respect to fire hydrants and work with stakeholders to properly assess the issue. Look for additional information from AMWA in the coming weeks as the situation evolves. In the meantime, please contact Scott Biernat ([email protected]) or Dan Hartnett ([email protected]) if you have any questions or would like to get directly involved in responding to this issue.
The FAQs and other information on EPA’s efforts addressing lead in drinking water are available on EPA’s Lead in Drinking Water webpage.