Brace yourself for an ironic twist to California’s lead law.
The Wizard of Ozpopped into my daydreams as I sat in on a session at
the recent Water Quality Association’s 2009 Mid-Year Leadership Conference in
suburban Chicago. Of particular interest was a Sept. 17 meeting of WQA’s
Channel Sections, in which participants discussed the Jan. 1, 2010
implementation of California’s AB 1953 law mandating ultra-low lead levels for
all products and components that come in contact with potable
water.
WQA, whose membership makes or sells water treatment devices, is a latecomer to
this issue. They are just now dealing with questions plumbing manufacturers
addressed more than three years ago when AB 1953 was first passed. That’s
because it didn’t dawn on them until relatively recently that the law would
even apply to their drinking water treatment units (DWTUs), which contain few
lead-bearing parts and are not specifically cited by AB 1953. WQA’s technical
director had been trying to get clarification from the California Dept. of
Toxic Substances Control (DTSC) as to whether the law would apply to them, and
if so how the members could get their products certified. His quest, like that
of poor Dorothy seeking her way back to Kansas, had a simple goal fraught with
complications along the way.
The first answer was yes, they would have to comply because “all products are
game” - the reported response of a California bureaucrat who I imagined to be a
close relative of the Wicked Witch of the West. WQA members had to think hard
before identifying certain brass fittings as about the only lead-containing
component in their products, whose water interfaces are typically made of
plastic. One person pointed out that some plastics are made with lead
stabilizers. Shhh, several members simultaneously admonished
him.
The regulators remained silent about the compliance question, however. WQA
Technical Director Joseph Harrison pointed out in a letter to the DTSC that
because of customized designs and installations, many DWTUs “sold and used in
California do not carry ANSI-accredited certifications.” Not that this would
make any difference, since even being certified to ANSI/NSF 61, the gold
standard for water quality, does not constitute compliance with AB 1953. As to
why not, only the wise and wonderful Wizard of Oz can explain. Just follow the
Yellow Brick Road.
DTSC personnel lacked sufficient knowledge (I’m conjuring brainless Scarecrow
here) to answer the certification question. Nor did anybody have the heart (Tin
Man) to pursue it further, or the courage (Cowardly Lion) to give a definitive
ruling. So, a mere three and a half months before the law was to take effect,
WQA members remained confused about how to get home.
Someone pondered out loud how many “tens of thousands of manhours we as an
industry have devoted to this issue.” Good question. If WQA’s executives,
engineers, technicians, marketing people, secretaries and so on had spent tens
of thousands of hours trying to solve the puzzles of AB 1953, their counterparts
on the plumbing side - being more numerous, specifically targeted and working
at it longer - must’ve spenthundreds
of thousandsof manhours, plus tens of millions of dollars, on
developing products that comply and figuring out the compliance angles. All of
these resources were of course subtracted from activities that contribute
actual value.
Ah, but one must weigh this expense against the benefits of AB 1953 in
preventing all the harm done by plumbing products built with constituent parts
containing up to 8% lead under the old standard. Give California’s legislators
and regulators unlimited time and money and they might be able to produce at
least one addled brain that would stand as evidence of the need for their new
law. For now, just accept that their intentions are as pure as Good Witch
Glinda’s.
An ultimate irony leaked out at the WQA session that no doubt will be a howler
to those of you who devoted some of those hundreds of thousands of manhours to
AB 1953.
We all know about the huge budget deficits and fiscal crisis facing
California’s state government. The state is being forced to make drastic cuts
in even essential public services such as schools, police and fire departments.
One participant told the audience of a conversation with a California public
health bureaucrat who told him that given the state’s predicament, “There’s no
money for testing (product compliance with AB 1953).”
Pay no attention to that man behind the curtain.
Regulators From Oz
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