Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water (Final Rule)

Forms and Documents

Document Name	Status
2563ss02.docx Supporting Statement A	2020-10-29

IC Document Collections

IC ID	Document Title	Status
239984	Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water	Modified

ICR Details

OMB Control No: 2040-0299	ICR Reference No: 202010-2040-003
Status: Active	Previous ICR Reference No: 202002-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 2563.02
Title: Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/02/2020
	Date Received in OIRA: 11/02/2020
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2023	36 Months From Approved
Responses	3,990	0	0
Time Burden (Hours)	77,838	0	0
Cost Burden (Dollars)	9,140,000	0	0

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Abstract: "The Reduction of Lead in Drinking Water Act of 2011 (RLDWA, the Act) modified the technical definition of lead free by lowering the maximum lead content of pipes, fittings, and fixtures from 8% to 0.25% and introduced greater complexity to calculating lead free by requiring that level be met based on a weighted average of wetted surfaces. The Act also created exemptions for certain plumbing products from pre-existing lead free requirements. The final rule establishes product certification requirements for products intended for human consumption applications in public water systems and residential or non-residential facilities to demonstrate compliance with the lead free requirements. These requirements will reduce inadvertent use of non-lead free plumbing products in potable use applications and, consequently, will reduce adverse health effects associated with exposure to lead in drinking water. Manufacturers with 10 or more employees or importers entering products purchased from or manufactured by manufacturers with 10 or more employees must demonstrate compliance with the lead free definition by obtaining third party certification by an American National Standards Institute (ANSI) accredited, third party certification body. Firms with fewer than 10 employees can use a third party certification body or self-certify that their products conform to the Safe Drinking Water Acts (SDWA) lead free requirements. This self-certification option also extends to custom fabricated products regardless of a manufacturers number of employees. The EPA estimates the total burden during this 3-year period will be 128,969 to 233,513 hours, and the average, annual burden number ranges from 42,990 to 77,838 hours. EPA estimated a range of burden (and costs) based on a lower and upper bound estimate of manufacturers that currently use a third party certifying agency. The total costs over the 3-year period are between $20.1 and $34.7 million, or an average of $6.7 to $11.6 million per year."

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Authorizing Statute(s): PL: Pub.L. 93 - 523 1417 Name of Law: Safe Drinking Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AF55	Final or interim final rulemaking	85 FR 54235	09/01/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,990	0	0	3,990	0	0
Annual Time Burden (Hours)	77,838	0	0	77,838	0	0
Annual Cost Burden (Dollars)	9,140,000	0	0	9,140,000	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Environmental Protection Agency (EPA) is finalizing changes to existing regulations to protect the public from lead in plumbing materials used in public water systems or residential or nonresidential facilities providing water for human consumption. The changes in this rule codify aspects of the Reduction of Lead in Drinking Water Act of 2011 (RLDWA) and the Community Fire Safety Act of 2013 (CFSA). The RLDWA amended section 1417 of the Safe Drinking Water Act (SDWA), which prohibits the use and introduction into commerce of certain plumbing products that are not lead free. The RLDWA revised the definition of lead free to lower the allowable maximum lead content of the wetted surfaces of plumbing products from 8.0 percent to a weighted average of 0.25 percent of the wetted surfaces of the wetted surfaces of pipes, fittings, and fixtures; and established a statutory method for calculating lead content. In addition, the RLDWA created exemptions from the lead free requirements for plumbing products that are used exclusively for nonpotable services as well as for other specified products. The CFSA further amended Section 1417 to exempt fire hydrants from these requirements. EPA is also establishing new requirements for manufacturers or importers that introduce into commerce products that must meet lead free requirements to certify such products as being in compliance with the lead free requirements in Section 1417 of the SDWA. EPA expects that these requirements for lead content in plumbing materials used in new installations and repairs will result in fewer sources of lead in drinking water and, consequently, will reduce adverse health effects associated with exposure to lead in drinking water. EPA is also making other changes to the existing regulations to assist in implementation of Section 1417 of the SDWA, as amended. The SUPPLEMENTARY INFORMATION section details EPAs changes to existing regulations as authorized under the SDWA as amended.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/02/2020

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