The U.S. Environmental Protection Agency (EPA) recently released a “Frequently Asked Questions” document which could have significant negative financial impacts on municipal governments. Under the Office of Water interpretation of 2011’s Reduction of Lead in Drinking Water Act (P.L. 111-380), fire hydrants are not exempt from the Safe Drinking Water Act (SDWA). With an effective date of January 4, agencies have little time to object or adapt to EPA’s interpretation.
Under SDWA’s Section 1417, no person may use pipes or other fixtures containing lead in the installation or repair of any public water system providing water for human consumption. The 2011 law amended Section 1417 to exempt pipes and fittings where water is not anticipated to be for human consumption. EPA decided against exempting fire hydrants because hydrants are known to be used in emergency situations as sources of potable water.
Opponents of EPA’s position argue the law was never intended to cover fire hydrants, model state laws specifically exempt fire hydrants, and the public health benefit is miniscule while the cost of the decision could be quite large. Several associations are urging key legislators, including Senator Barbara Boxer as author of the legislation, to persuade EPA to change course before January and specifically add fire hydrants to the list of infrastructure exempt under the Act.
The text of P.L. 111-380 is located here:
http://www.gpo.gov/fdsys/pkg/PLAW-111publ380/pdf/PLAW-111publ380.pdf
EPA’s Frequently Asked Questions document from October 2013 – including the relevant Question 5 – is located here:
http://water.epa.gov/drink/info/lead/upload/epa815s13001.pdf
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