Guide
Which plumbing parts are exempt from the Safe Drinking Water Act lead-free rule, and can they still use leaded brass?
The Safe Drinking Water Act lead-free rule is the federal prohibition on introducing into commerce a pipe, plumbing fitting or fixture that is not “lead free”, meaning a weighted average of not more than 0.25 percent lead across its wetted surfaces. The statute then exempts two groups of products from that prohibition: those used exclusively for nonpotable services, and a named list of fixtures and valves. Which of your turned parts fall into either group decides whether leaded brass such as C36000 is still allowed.
General information, not legal advice. This guide reads the federal text for engineers and buyers. It does not cover state law, and a lawyer or your compliance lead should confirm any exemption you rely on.
By Saola Manufacturing engineering team · Published · Updated
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What does the federal lead-free rule cover, and where do the exemptions sit?
Section 1417 makes it unlawful to introduce into commerce a pipe, pipe fitting, plumbing fitting or fixture that is not lead free, and subsection (a)(4) then removes two groups from that prohibition. The groups are products used exclusively for nonpotable services and a short named list.
The prohibition and the exemptions are both in the same section of the US Code, 42 U.S.C. 300g-6. Paragraph (a)(3) states the ban, paragraph (a)(4) lists what it does not apply to, and subsection (d) defines “lead free” as a weighted average of 0.25 percent lead on wetted surfaces. The statutory note on the same page ties (a)(4) and (d) to the date 36 months after the January 4, 2011 enactment (see the note to the section), which is why the current definition applies from 2014.
EPA turned the statute into a regulation in 2020. Its exemption section, 40 CFR 143.16, repeats the two statutory groups and adds a third paragraph for a few appliance-type products. EPA’s own lead-free plumbing page, last updated in May 2026, summarizes the same exemptions in plain language.
The 0.25 percent definition and the weighted-average calculation are covered in our guide to lead-free brass for NSF 61 and NSF 372, so this page does not restate them. It deals only with the earlier question: is the part inside the rule at all?
Which part families are exempt by name, and which are not?
The statute names toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles and main gate valves of 2 inches in diameter or larger (Section 1417(a)(4)). Everything else depends on the use-based exemption or is inside the rule.
The list is a list of products, not of materials, so the question for a turned part is which finished product it goes into. A valve stem for a shower valve belongs to an exempt product; the same stem in a lavatory faucet does not, because faucets are not on the list. The table maps common turned-part families onto the text. The right-hand column is our reading of the text, not a legal conclusion.
| Turned part goes into | Route in the text | What to confirm before relying on it |
|---|---|---|
| Toilet fill valve or flushometer valve | Named product (fill valves, flushometer valves, toilets) | That the part is a component of the named valve and not of a separate supply fitting |
| Shower valve stem or cartridge body | Named product (shower valves) | That the shower valve is the product being sold; a combined faucet-and-shower fitting needs its own reading |
| Tub filler spout parts | Named product (tub fillers) | The product category on the end customer’s drawing |
| Bidet or urinal valve parts | Named product (bidets, urinals) | Same: the product, not the part, is on the list |
| Main gate valve parts, 2 in. or larger | Named product, with a size condition | Valves below 2 in. are not covered by this entry |
| Lavatory or kitchen faucet parts | Not on the named list | Treat as inside the rule unless the use is exclusively nonpotable |
| Irrigation valve or hose adapter | Use-based: exclusively nonpotable (irrigation, outdoor watering) | Label, physical incompatibility with potable parts, or marketing that makes the use plain (see next section) |
| Air, gas or hydraulic fitting | Use-based: plainly marketed for a non-water fluid | Product is marketed solely for that fluid |
| Fire sprinkler, sump pump, eyewash, drench shower | Listed in 40 CFR 143.16(c) | The regulation lists these; the statute text does not |
How does the nonpotable exemption work for a part that could end up on drinking water?
The exemption applies only to products used exclusively for nonpotable services, and the regulation gives three ways to show it: a clear label, physical incompatibility with potable parts, or marketing solely for a non-water fluid. A generic brass adapter that is sold without any of the three is the typical gray area.
The statute says the exemption covers fittings and fixtures “used exclusively for nonpotable services” such as manufacturing, industrial processing, irrigation and outdoor watering, or any other use where the water is not anticipated to be used for human consumption, per the statute text. The word that does the work is “exclusively”. A hose-bib style fitting that can plausibly feed a drinking-water hose is harder to defend than an irrigation valve that cannot be threaded onto a potable line.
The regulation turns that into three qualifying conditions: a label on the product, package or tag with a phrase such as “Not for use with water for human consumption”; a product that is physically incompatible with the other parts needed to convey potable water; or a product plainly identifiable and marketed solely for a use other than conveying water, which includes air, hydraulic fluids, refrigerants and gases.
For a buyer this is a documentation task. The label, the catalog description and the drawing note all have to say the same thing about the intended use. The exemption belongs to the product as sold, so the evidence has to sit with the product owner, and a machine shop cannot supply it.
If a part is exempt, can it still use leaded brass?
On the federal text alone, the lead-free prohibition does not reach the products it exempts, so it does not by itself require a lead-free alloy there; whether that holds for your product is for your compliance lead to confirm. Even then, whether to keep C36000 depends on where else the same part number is used.
Leaded brass is still the free-cutting benchmark. A 2014 article in Valve Magazine notes that brass components often contain about 2.5 percent lead, which is exactly why they fail the weighted-average test in a potable product (see the Valve Magazine article, 2014). In an exempt product that number does not matter to the federal rule.
Three situations push buyers toward one lead-free alloy across the line even when some products are exempt. First, a stem or body that is shared between an exempt product and a non-exempt one has to meet the stricter case, and two alloys for one part number invite a mix-up at receiving. Second, a part sold to several customers may be built into a product whose category you do not control. Third, the federal text is not the only rule: EPA’s page does not address state requirements, and this guide has not reviewed any state’s own text, so a buyer shipping into several states should read each one before standardizing on leaded stock.
The reverse is also true. If a part is made in very large numbers for one named exempt product, such as a toilet fill valve, there is no federal reason to pay for a different alloy. The decision is commercial, and it is cleaner when the drawing records the reason.
What changes on the machine when an exempt part moves off leaded brass?
Lead is what makes free-cutting brass machine so easily, so a lead-free alloy changes chip control, tool wear and the feeds and speeds that were proven on C36000. Plan a first-article run on the new alloy and do not assume the old program carries over.
The Copper Development Association ratings reproduced in our lead-free brass guide place both C27450 and C69300 below C36000 on machinability. The practical effect on a lathe is a stricter conversation about chip evacuation on deep bores and cross holes, thread-form wear on the cutting tool, and surface finish on sealing faces.
At Saola, turned brass parts run through CNC turning at our lead CNC plant, and a change of alloy is treated as a process change that needs its own first-article check, not a material swap on an existing program. Any plating, passivation or other finish on the part runs through partner plants we manage, and the finish call-out should be reviewed again when the alloy changes.
How do you record an exemption on a drawing and in an RFQ?
Put the intended use, the alloy by ASTM specification and UNS number, and the compliance basis in the drawing notes, and ask the supplier to quote against that exact wording. A material note that says only “brass” leaves the supplier to guess whether the lead-free rule applies.
A note that works for an exempt part reads like this: “Used in [named product]; exempt under 42 U.S.C. 300g-6(a)(4) per owner; material ASTM B16, UNS C36000.” A note for a part that must be lead free reads: “Material ASTM B927, UNS C27450 or ASTM B371, UNS C69300; lead content per mill test report; no substitution without written approval.”
In the RFQ, ask the supplier three things: which alloy and bar specification is quoted, how the mill test report will be matched to the lot, and whether the shop keeps leaded and lead-free bar in physically separate stock. The last question matters more than it sounds, because a part number that can be cut from either bar is the easiest way for a wrong-alloy shipment to happen. The ASTM call-out itself is a separate topic, and the right specification for each alloy is set out in our guide on brass bar material call-outs.
Keep a dated copy of the reading you relied on. Because the exemption turns on how the product is used and marketed, the record should be the product owner’s, and it should be updated if the product changes category.
Frequently asked
Are lavatory and kitchen faucets exempt from the federal lead-free rule?
They are not on the named list in the statute, so a faucet that delivers drinking water is inside the rule unless the use is exclusively nonpotable. Check the product category rather than the part.
Is a shower valve stem exempt even if the shower valve also has a tub spout?
Shower valves and tub fillers are both on the named list, but a combined fitting should be read against the product definition on the end customer’s drawing. Ask the product owner; do not infer it from the part.
Does a federal exemption mean I can ship leaded brass anywhere in the US?
No. EPA’s page does not address state requirements, and this guide did not review any state’s text. Confirm each state where the finished product is sold.
Does the size condition apply to every gate valve?
The regulation exempts water distribution main gate valves only if they are 2 inches in diameter or larger. Smaller gate valves are not covered by that entry.
Is an exempt product also free of Proposition 65 warnings?
No. California Proposition 65 is a separate regime from the Safe Drinking Water Act, and a product can need a warning under one without breaching the other. It is outside the scope of this guide.
Sources
- 42 U.S.C. 300g-6, Prohibition on use of lead pipes, solder, and flux, Cornell Legal Information Institute, current text read October 2026
- 40 CFR 143.16, Exemptions, eCFR, rule published by EPA in 2020, read October 2026
- Use of Lead Free Pipes, Fittings, Fixtures, Solder and Flux for Drinking Water, US EPA, page last updated May 19, 2026
- Choosing valves for new no-lead water system regulations, Valve Magazine (Valve Manufacturers Association), August 11, 2014