7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Several existing federal regulations relate to plumbing code in Wisconsin. Some of these regulations require compliance with prior editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials. A search of the United States Code (USC) found the following existing federal rules that impact plumbing:
The provisions of 24 USC § 3280.601-612 cover the "Manufactured Home Construction and Safety Standards" law. This law sets standards for plumbing materials, fixtures, and equipment installed within or on manufactured homes as of April 1, 2009.
"Safe Drinking Water Act" is codified under 42 USC § 300f-300f-9. This law regulates plumbing for the purpose of protecting drinking water from contaminants. The provisions identify the acceptable level of contaminants in drinking water.
Under 42 USC § 300g-1, the provisions of the "National Primary Drinking Water Law” are codified. This law establishes primary drinking water regulations pursuant to section 1412 of the Public Health Service Act, as amended by the Safe Drinking Water Act. Regulated by the US Environment Protection Agency (EPA). The regulations are applicable to public water systems including monitoring requirements for lead and copper in tap water.
"The Reduction of Lead in Drinking Water Act" is a federal law that amended the Safe Drinking Water Act (SOWA). The Act set new, lower standards for lead amounts permissible in plumbing products that encounter potable water. SOWA is codified under 42 USC § 300g-6 section 1417. The law reduces the permissible levels of lead in the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures to a weighted average of not more than 0.25%. EPA has primary responsibility for interpreting SOWA. Individual states utilize health or plumbing codes or other standards consistent with the SOWA and EPA regulations to enforce those standards.
The provisions of 40 USC § 143.10-143.20 and 42 USC § 300j-24 identify guidance on lead contamination drinking water. Provisions identify guidance to decrease or eliminate lead contamination drinking water. It requires each state to develop a testing program to remedy lead contamination and meet the lead-free federal definition. The "National Pollutant Discharge Elimination System (NPDES)" is codified in 33 USC § 1342. Created in 1972 by the Clean Water Act, the NPDES permit program is authorized to state governments by EPA to perform many permitting, administrative, and enforcement aspects of the program. The Clean Water Act prohibits anybody from discharging pollutants through a "point source" into a water of the United States unless they have an NPDES permit. The Food and Drug Administration sets standards for manufacturing practice for finished pharmaceuticals. Federal codes under 21 CFR § 210-211 establish standards for plumbing in buildings and facilities that manufacture pharmaceuticals. The federal code section, 30 CFR § 71.402 was established by the Department of Labor to protect miner's safety and health. The code sets minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities. Under 40 CFR § 141, "Primary Drinking Water Regulations" further set maximum levels for contaminants in drinking water. The Energy Policy and Conservation Act, as amended (EPCA), requires the Department of Energy to administer an energy and water conservation program for certain major household appliances and commercial equipment, including certain plumbing products such as shower heads, faucets and water closets. The regulations implementing EPCA are found under 10 CFR § 430. 8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The changes to the plumbing codes may have an economic impact on a person or entity, such as a business, that is required to follow plumbing codes. This includes the design, construction and implementation of buildings and structures with plumbing and manufacturers and sellers of plumbing products.
Contact Person: Jake Pelegrin, Administrative Rules Coordinator
