*55 FR 1772*

ENVIRONMENTAL PROTECTION AGENCY\
\
AGENCY: Environmental Protection Agency (EPA).

\[WH-FRL-3705-8\]

55 FR 1772

**January** 18, 1990

Drinking **Water Coolers** That Are Not **Lead** Free\
ACTION: Final and proposed lists of drinking **water coolers** that are
not **lead** free and request for comments.\
\
\
SUMMARY: This notice is issued pursuant to the **lead** Contamination
Control Act of 1988 (LCCA), [[Public Law
100-572]{.underline}](http://www.lexis.com/research/buttonLink?_m=d216fc9893a784bce35264af6221d745&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 1772%5D%5D><%2Fcite>&_butType=1&_butStat=0&_butNum=1&_butInline=1&_butinfo=LXE_100_PL_572&_fmtstr=FULL&docnum=3&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=cd76c61b34a804a6cd35509fabd7a60d),
enacted on October 31, 1988, which amends the Safe Drinking Water Act
(SDWA). The LCCA added section 1463 to the SDWA. This section requires
that the Environmental Protection Agency (EPA), after notice and
opportunity for public comment, publish a list of drinking **water
coolers,** by brand and model, which are not **lead** free. The list
must separately identify each brand and model of drinking **water
cooler** which has a **lead**-lined water tank. In carrying out this
provision, EPA is to use the best information available to the Agency.
EPA is to revise and republish this list from time to time, as may be
appropriate, as new information or analysis becomes available regarding
**lead** contamination in drinking **water coolers.** This notice
announces a final list of **water coolers** which are not **lead** free,
including a final list of **water coolers with lead**-lined tanks, and
proposes additional coolers to be included on a future list.\
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DATES: Written comments on the proposed list of additional coolers
should be submitted on or before March 5, 1990.\
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ADDRESSES: Send written comments to Lead Docket, Office of Drinking
Water (WH-550), U.S. Environmental Protection Agency, 401 M Street SW.,
Washington, DC 20460. A copy of supporting documents is available for
review at EPA in the Drinking Water Docket, Room EB-15, 401 M Street SW.
Washington, DC 20460. To make an appointment for access to the docket,
call (202) 382-3027 between 8:30 a.m. and 4:30 p.m. Eastern Time.\
FOR FURTHER INFORMATION CONTACT: Peter Lassovszky, Office of Drinking
Water (WH-550E), U.S. Environmental Protection Agency, 401 M Street SW.,
Washington, DC 20460, (202) 475-8499. Information also may be obtained
from the EPA Safe Drinking Water Hotline. Callers within the United
States (except Washington, DC and Alaska), Puerto Rico, and the Virgin
Islands may reach the Safe Drinking Water Hotline at (800) 426-4791;
callers in the Washington, DC area and Alaska may reach the Hotline at
(202) 382-5533. The Safe Drinking Water Hotline is open Monday through
Friday, excluding Federal holidays, from 8:30 a.m. to 4:00 p.m. Eastern
Time.\
\
**TEXT:**\
SUPPLEMENTARY INFORMATION:\
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I. Background\
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*A. Purpose and Summary*\
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On October 31, 1988, the Lead Contamination Control Act of 1988 was
enacted. This legislation provides for programs to help reduce exposure
to lead-contaminated drinking water, especially for children. Its major
provisions include a mandate for the Consumer Product Safety Commission
(CPSC) to order the repair, replacement, or recall and refund of
drinking **water coolers** that EPA has identified as containing
**lead**-lined water tanks; a ban on the manufacture or sale in
interstate commerce of drinking **water coolers** that are not **lead**
free; Federal and State programs to help schools evaluate and respond to
**lead** contamination in drinking water, including State and Federal
technical and (if appropriations are available) possibly financial
assistance, and the expansion of **lead** screening programs for
children to be administered by the Centers for Disease Control. Under
the LCCA, the term \"lead free\" means,\
\
\
with respect to a drinking **water cooler,** that each part or component
of the cooler which may come in contact with drinking water contains not
more than 8 percent **lead,** except that no drinking **water cooler**
which contains any solder, flux, or storage tank interior surface which
may come in contact with drinking water shall be considered **lead**
free if the solder, flux, or storage tank interior surface contains more
than 0.2 percent **lead.** \* \* \* SDWA section 1461(1).\
\
The LCCA further provides that, for the purposes of the Consumer Product
Safety Act, all drinking **water coolers** identified by EPA on the list
published under section 1463 as having a **lead**-lined tank shall be
considered to be \"imminently hazardous consumer products\" within the
meaning of section 12 of that Act [[(15 U.S.C.
2061).]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=d216fc9893a784bce35264af6221d745&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 1772%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=15 USC 2061&_fmtstr=FULL&docnum=3&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=a2cca0b8f1ebf7a8fb85fa6cdfa1c2c7)
The CPSC, after notice and opportunity for comment, including a public
hearing, is required to\
\
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issue an order requiring the manufacturers and importers of such coolers
to repair, replace, or recall and provide a refund for such coolers
within 1 year after the enactment of the Lead Contamination Control Act
of 1988. SDWA section 1462.\
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In addition, the LCCA requires that by August 1, 1989,\
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each State shall establish a program \* \* \* to assist local
educational agencies in testing for and remedying, **lead**
contamination in drinking **water from coolers** and from other sources
of **lead** contamination at schools under the jurisdiction of such
agencies \* \* \* \[this\] program shall include measures for the
reduction or elimination of **lead** contamination from those **water
coolers** which are not **lead** free and which are located in schools.
Such measures shall be adequate to ensure that \* \* \* \[by February 1,
1990\] \* \* \* all such **water coolers** in schools under the
jurisdiction of \[local educational agencies\] are repaired, replaced,
permanently removed, or rendered inoperable unless the cooler is tested
and found (within the limits of testing accuracy) not to contribute
**lead** to drinking water. SDWA section 1464(d).\
\
Under the LCCA, the term \"local educational agency\" means any local
educational agency as defined in section 198 of the Elementary and
Secondary Education Act of 1965; the owner of any private, nonprofit
elementary or secondary school building; and the governing authority of
any school operating under the defense dependent\'s education system
provided for under the Defense Dependent\'s Education Act of 1978. The
term \"school\" means any elementary school or secondary school as
defined in section 198 of the Elementary and Secondary Education Act of
1965 and any kindergarten or day care facility.\
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*B. **Lead** in Drinking **Water Coolers***\
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Investigation by EPA\'s Office of Drinking Water revealed that **water
coolers** can sometimes be a significant source of **lead** in drinking
water. In 1988, a report to Congress by the U.S. Agency for Toxic
Substances and Disease Registry entitled \"The Nature and Extent of
**Lead** Poisoning in Children in the United States\" warned that some
drinking **water coolers** may contain **lead** solder and/or
**lead**-lined water tanks that release **lead** into the water they
distribute. This warning was based upon an EPA analysis of 22 water
coolers at a U.S. Navy facility and data supplied to the report\'s
authors by EPA\'s Office of Drinking Water. The source of the **lead**
problem was **lead** solder and, in some cases, **lead**-lined water
tanks used inside the **water coolers.** Based on limited test results
using EPA\'s guidance document and testing protocol, EPA believes that
the most serious cooler contamination problems are associated with
**water coolers** that have water reservoir tanks lined with
**lead**-containing materials.\
\
In response to a Congressional survey in the winter of 1988, three major
manufacturers, the Halsey Taylor Company, EBCO Manufacturing
Corporation, and Sunroc Corporation, indicated that **lead** solder had
been used in at least some models of their drinking **water coolers.**
The manufacturers\' submissions indicated that close to 1,000,000
**water coolers** contained **lead** solder but that **lead** based
solder was not used on any water-way connections after December 17,
1987. None of the submissions indicated that water tanks had ever been
designed or intentionally manufactured with a **lead** lining. Although
the industry has existed since before the 1920\'s, only very limited
information was provided concerning **water coolers** manufactured prior
to the 1960\'s; hence, the actual number of coolers containing **lead**
may be much greater.\
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C. Public Comments on EPA\'s Proposed Lists\
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On April 10, 1989, EPA proposed at [[54 FR
14320]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=d216fc9893a784bce35264af6221d745&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 1772%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=3&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B54 FR 14320%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=3&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=4b59a3616e55c9beab18c3df55bd766b)
lists of drinking **water coolers** that are not **lead** free and
coolers with **lead**-lined water tanks. Comments were received from the
Halsey Taylor Company, EBCO Manufacturing Company, Sunroc Corporation
and the International Bottled Water Association (IBWA). EPA is revising
its proposed list in response to comments received and is inviting
public comment on a proposed list of additional drinking **water
coolers** identified as containing **lead**-lined tanks. EPA also
invites comment on deletion of certain bottled water coolers
manufactured by the Sunroc Corporation.\
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1. Drinking **Water Coolers** That Are Not **Lead** Free\
\
The Halsey Taylor Company commented that they had manufactured drinking
water coolers for the Haws Drinking Faucet Company (Haws) since 1984.
These coolers have been manufactured under the Haws brand name for
distribution and carry model designations different from those used by
Halsey Taylor for Halsey Taylor brand water coolers. Halsey Taylor
indicates that certain Haws brand coolers manufactured for Haws by
Halsey Taylor from November 1984 through December 18, 1987, should be
added to EPA\'s list of non-lead-free coolers because these coolers
contain two tin/lead solder joints. The model designations for these
units are as follows:\
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\
HC8WT; HC8WTH; HC14WT; HC14WTH; HC14WL; HC16WT; HC4W; HC6W; HC8W; HC14W;
HC4F; HC4FH; HC8F; HC8FH; HC14F; HC14FH; HC14FL; HCBF7; HCBF7D; HCBF7HO;
HWC7 \*; HWC7D \*; HC2F; HC2FH; HC5F and HC10F.\
\
\* These model numbers were previously shown under the Halsey Taylor
brand on the EPA\'s proposed list of drinking **water coolers** that are
not **lead** free.\
\
These models are included in this notice under \"Revised List of
Drinking **Water Coolers** that are not **Lead** Free.\"\
\
Halsey Taylor has also stated that Halsey Taylor model numbers 5656FTN,
5800FTN, and 8880FTN should be deleted from EPA\'s list because these
water fountains do not actively cool (i.e., have no refrigeration unit)
drinking water and are not subject to the requirements of the LCCA. In
addition, they requested that model S3/5/10C be deleted since they had
previously erroneously identified this as containing a lead based solder
on waterway connections. EPA has deleted these models from this list.
Finally, Halsey Taylor has provided an alternate list of drinking
**water cooler** catalog numbers for the remaining Halsey Taylor coolers
on EPA\'s proposed list of coolers that are not **lead** free. The
proposed list designates certain **water coolers** by model series.
Within a model series, gallonage capacity and other variations may
exist. These variations are reflected in the specific model number
designations which appear in product catalogs. Halsey Taylor states that
owners are more likely to be familiar with the model number designations
in the product catalogs. EPA is including both sets of model
designations in this notice.\
\
The EBCO Manufacturing Company commented that their bottled water
coolers models CBI(H), DB2, and DB1R(H) did not belong on this list. The
information regarding these models on EPA\'s proposed list reflected
information contained in a letter by EBCO dated January 21, 1988,
addressed to the U.S. House of Representatives Subcommittee on Health
and the Environment of the Committee on Energy and Commerce. EBCO has
brought to EPA\'s attention another letter dated February 12, 1988, sent
to the Subcommittee, which stated that subsequent to 1961, the company
used only **lead** free solder on all bottled **water cooler** parts in
contact with water. EPA has decided in view of this information to
delete these models from the list.\
\
In addition, EBCO reports that upon further investigation of products
manufactured many years ago, the following additional models of pressure
bubbler coolers which EBCO previously reported as containing one 50-50
tin-lead solder joint should be deleted from EPA\'s list as well. The
company reports that these models do not contain a lead solder joint as
previously reported but rather a solid brass valve that is lead free
under the LCCA. EPA is therefore deleting the following models from the
list: WEEC03 WEEH03 WEFC15 WEFH03 WELC07 WELC16 WW07T WERC07 WFE10
WEEC05 WEFC03 WEFC20 WEFH08 WELC08 WELH07 WEFH03 WERC13 WEEC03-OX WEEC07
WEFC08 WEFC13-OX WEKC03 WELC13 WELH08 WEFH08 WETC05 WEEC10-OX WEEC10
WEFC10 WEFC20-OX WEKC05 WELC14 WEMC07 WEPC05 WETC10 DP5F WEEC13 WEFC13
WEKC05-OX WELC05 WELC15 WEMC13 WERC05 WEWC07 DP10F\
\
Finally, EBCO states that water cooler models CP10-50, DP20-50,
DP13A-50, CP3-50 and DP14A-50/60 were manufactured by EBCO exclusively
for export. The company further states that \"EBCO Manufacturing Company
has never manufactured these models for sale in interstate commerce or
sold these models in interstate commerce. \* \* \*\" Accordingly, EPA
has deleted these models from the list of drinking **water coolers**
that are not **lead** free.\
\
The Sunroc Corporation informed EPA in a letter dated April 20, 1989,
that lead solder was never used to directly join drinking water-bearing
lines in models reported to the EPA as having lead solder as a secondary
seal. Sunroc indicated that the lead containing secondary seal on the
Sunroc units cited in EPA\'s proposed list is a precautionary backup to
the primary seal. The primary seal, a stainless steel weld, does not
contain lead and is the only material that is in contact with drinking
water. Sunroc states that there is no reason to believe the primary seal
will not hold and that the secondary seal will not come into contact
with the drinking water and that only a limited number of such units
were manufactured. Both the Sunroc Corporation and IBWA have requested
that EPA delete models USB-1, USB-3, T6Size 3, BC and BCH from the list.
EPA is deleting these Sunroc models from this list. However, because of
the remote possibility of water contact as described above, EPA solicits
public comment on whether these units should be included in EPA\'s next
list.\
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Comments received from IBWA support EBCO and Sunroc concerns as
described above.\
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2. Drinking **Water Coolers With Lead**-Lined Tanks\
\
Comments on EPA\'s proposed list of coolers with lead-lined tanks were
received from the Halsey Taylor Company. From the serial numbers
published by EPA on the six models of **water coolers** listed as having
**lead**-lined tanks, Halsey Taylor estimates that the approximate dates
of manufacture for these units were 1957, 1959 (2 units), 1965, 1966,
1969 and 1973 (2 units). The company states that they have never
designed nor intentionally manufactured a **water cooler** tank with any
interior **lead** linings. They state that they do not deny that molten
tin used to coat the interior of tanks in the past may have been
accidentally contaminated at certain times but the company believes that
any such contamination occurred on an infrequent and random basis. They
stated that this belief is supported by a series of geographically
dispersed water tests conducted by Halsey Taylor and information
gathered by Halsey Taylor on water tests previously conducted by Water
Test Corporation on Halsey Taylor coolers. The company further indicates
that they discontinued coating the interior of tanks with *any* material
after June 1978. Given the above assertions, Halsey Taylor requested
that EPA limit the scope of any list to certain water coolers
manufactured during possible \"suspect\" time periods.\
\
In the April 10, 1989 Federal Register notice of its proposed list of
drinking **water coolers with lead**-lined tanks, EPA stated that only a
limited number of **water coolers** (22) were examined and that because
of this limited sampling, EPA could not determine how many other coolers
within each model number contain a **lead**-lined tank. While the
manufacturer has estimated the approximate dates of manufacture of the
individual units cited by EPA, no explanation nor information has been
provided to support a conclusion that defective units are limited to
those dates or to the 1957 through 1973 time period. In addition, while
high lead levels in the drinking water from a cooler can be an indicator
of a lead-lined water tank, low levels do not necessarily mean the
absence of a lead-lined tank. Given the limited nature of the data
available to EPA and the possible random nature of the occurrence of
lead linings stated by Halsey Taylor, EPA has insufficient basis to
limit the list to any particular time period(s).\
\
Finally, in their comments, Halsey Taylor also stated that EPA had found
drinking **water coolers** of other manufacturers that were found to
contain **lead** levels in the interior surface of their tanks above the
0.2% limit of the LCCA. Halsey Taylor inquired as to why EPA had not
listed those coolers. In testing drinking **water coolers** and listing
coolers with **lead**-lined tanks, EPA takes into account the accuracy
in the testing procedure and inherent variations that occur in all
results. In the models listed to date, EPA has confidence that samples
taken clearly exceed the statutory limit taking into account these
limitations of testing methodology. The models questioned by Halsey
Taylor (and other models) did not meet this test. EPA is working to
improve testing methodology for cases where low level measurements are
required. However, EPA must continue to list drinking water coolers
within the limits of accuracy of its analytical techniques.\
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II. Final List of Drinking **Water Coolers** That Are Not **Lead** Free
as of January 18, 1990\
\
\
*Halsey Taylor Company*\
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The Halsey Taylor Company reported use of **lead** solder in numerous
models of **water coolers** manufactured under the Halsey Taylor brand
name between 1978 and December 18, 1987. The model series numbers are:\
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WMA-1; SWA-1; S3/5/10D; S300/500/1000D; SCWT/SCWT-A; DC/DHC-1;
BFC-4F/7F/4FS/7FS;\
\
The model number designations which appear in Halsey Taylor Product
Catalogs are:\
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WM8A-1, WM14A-1, WM14A-1-BL, WM16A-1, SW4A-1, SW8A-1, SW14A-1, S3D, S5D,
S10D, S300-2D, S500-5D, S1000-10D, SCWT4A, SCWT8A, SCWT14A, SCWT14A-FL,
DC-1, DHC-1, BFC-4F, BFC-4FS, BFC-7F and BFC-7FS.\
\
In addition to these Halsey Taylor models, Halsey Taylor indicates that
the following Haws brand coolers manufactured for Haws by Halsey Taylor
from November 1984 through December 18, 1987, are not lead free because
they contain two tin/lead solder joints. The model designations for
these coolers are:\
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HC8WT; HC8WTH; HC14WT; HC14WTH; HC14WL; HC16WT; HC4W; HC6W; HC8W; HC14W;
HC4F; HC4FH; HC8F; HC8FH; HC14F; HC14FH; HC14FL; HCBF7; HCBF7D; HCBF7HO;
HWC7; HWC7D; HC2F; HC2FH; HC5F and HC10F.\
\
\
*EBCO Manufacturing Company*\
\
The EBCO Manufacturing Company (whose products are also marketed under
the names \"Oasis,\" \"Kelvinator,\" \"Aqua-Dry,\" \"Culligan,\" and
\"Aquarius\" and were also marketed by Westinghouse Corp.) identified
two categories of drinking **water coolers** which are not **lead**
free, as defined by the LCCA.\
\
The first category consists of all pressure bubbler **water coolers**
with shipment dates from 1962 through 1977. These units contain one
50-50 tin-**lead** solder joint on the bubbler valve. Model numbers are
not available for products in this category.\
\
The second category consists of pressure bubbler coolers produced from
1978 through 1981. These units each had one 50-50 tin-lead solder joint.
The model numbers are: 13P DP8A PX-10 DP7MH DP14M DP15MW DP7SM EP10F
CP3H 13PL DP8AH DP12N DPM8 DP15M DP5S DP13SM WTC10 CP5 DP20 DP13A DP15W
DPM8H DP16M DP7S DP7WM CP10 DP3R DP10X DP5M DP13M CP3M DP13S DP7WMD 7P
DP3RH C10E DP7M DP13M-60 CP5M DP14S EP5F\
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III. Final List of Drinking **Water Coolers With Lead**-Lined Tanks as
of January 18, 1990\
\
The following is a list of model numbers of the drinking **water
coolers** which may have **lead**-lined water tanks.

  ---------------------------------- ------------------------------------
  **Model Numbers of Water Coolers   
  Which Have At Least One Unit With  
  a Lead-Lined Tank 1**              

                                     

  **Brand**                          **Model series**

                                     

  Halsey Taylor                      WM8A

  Halsey Taylor                      WT8A

  Halsey Taylor                      GC10ACR

  Halsey Taylor                      GC10A

  Halsey Taylor                      GC5A

  Halsey Taylor                      RWM13A
  ---------------------------------- ------------------------------------

1 EPA has tested a limited number of **water coolers** from various
manufacturers by cutting them open to determine whether they contain
**lead**-lined tanks. EPA has found at least one or two units of each of
the model series identified on this list to contain a lead-lined tank.
EPA does not know how many other coolers within each model series
contain a lead-lined tank. The model series and corresponding serial
numbers of the tanks found to contain a lead lining are as follows:
Halsey Taylor WM8A: 838269; WM8A: 67409774; WT8A: 66 421303; WT8A: 66
421268; GC10ACR: 65 361559; GC10A: 69 598593; GC10A: 142378; GC10A:
113383; GC5A: 142646; GC5A: 142648; GC5A: 142645; GC5A: 13147; RWM13A:
834774; RMW13A: 834765.\
\
If an owner has a **water cooler** in any of the above listed model
series, the drinking **water cooler** may contain a **lead**-lined water
tank. EPA advises that owners of such coolers report this information to
the CPSC. Information should be referred to the Consumer Product Safety
Commission, Washington, DC 20207. After notice and opportunity for
comment, including a public hearing, the Consumer Product Safety
Commission shall issue an order requiring the manufacturers and
importers of such coolers to repair, replace, or recall and provide a
refund for such coolers. Since the hearing process may be lengthy,
interested parties may call the CPSC HOTLINE (1-800-638-2772) for a
status update.\
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IV. Proposed List of Drinking **Water Coolers With Lead**-Lined Tanks\
\
EPA invites comment on the following proposed additions to the list of
drinking **water coolers with lead**-lined water tanks.\
\
\
*Halsey Taylor Company*\
\
Since the April 10, 1989, publication of its proposed list of drinking
**water coolers with lead**-lined tanks, EPA has examined several
additional Halsey Taylor tanks submitted by the Portland, Maine and
Fairfax Country, Virginia School Districts, Colby College, Maine, and
the Minnesota State Health Department and determined that they contained
**lead**-lined tanks. The model and serial numbers of the units are as
follows:

  ----------------------------------------- -----------------------------
                                            

                                            

  **Model series**                          **Serial**

                                            **No.**

                                            

  WM14A                                     843034

  WM14A                                     843006

  WT11A                                     222650

  WT21A                                     64309550

  WT21A                                     64309542

  LL14A                                     64346908
  ----------------------------------------- -----------------------------

EPA is unable to determine, based upon existing information, how many
other units under these model series contain lead-lined tanks.\
\
The following information is extracted by EPA from a report containing
confidential business information dated August 4, 1988, from Mr. Robin
G. Munden, Vice President, General Counsel and Secretary, Household
Manufacturing to Frank Brauer, Consumer Product Safety Commission. The
report related a manufacturing malfunction discovered by Halsey Taylor
which resulted in a small amount of lead containing coating material
being unintentionally applied to the interior surface of copper storage
tanks and Halsey Taylor efforts to deal with this problem. The report
was obtained by EPA from the CPSC and because of confidential business
information contained in the report, EPA had deferred publication of
this information pending discussion with Halsey Taylor. EPA has since
obtained agreement with Halsey Taylor to extract from their report the
necessary information required by the LCCA.\
\
At the time of the detected malfunction in February 1979, Halsey Taylor
coated the external surface of water cooler storage tanks to improve the
efficiency of the refrigeration system. According to Halsey Taylor, the
coating was applied by immersion of the water storage tank into a vessel
containing hot molten solder. The company states that prior to June 5,
1978, the solder coating contained 100 percent tin and both the internal
and external surfaces of the water tanks were coated. After June 5,
1978, the company indicates that the manufacturing process was changed
from coating both surfaces to coating only the external surface by
closing all openings to the inside of the tank. In addition, the company
reported that the solder content was also changed from 100 percent tin
to an alloy of 35 percent tin/65 percent lead.\
\
It was determined by Halsey Taylor that a periodic and random
malfunction of a piece of manufacturing equipment resulted in a pin hole
opening which allowed \"a very small quantity\" of coating to enter and
coat the internal bottom section of the storage tank. The company
conducted tests and estimated that 5 percent to 10 percent of the 36,879
units manufactured by the problem process during the problem period of
June 1, 1978 through March 15, 1979, suffered from this defect. The
company stated that it undertook a number of steps to correct the
defective manufacturing process including switching to 100 percent tin
for external tank coating, identifying defective units, investigating
potential health effects, and locating and repairing defective units.
According to the CPSC, this corrective action is still ongoing.\
\
A report of these voluntary activities was submitted by Halsey Taylor to
the CPSC for review. The CPSC reviewed the report, and concluded in
August of 1979 that the information provided was not sufficient to
justify further action at that time. The model series, catalog and
serial numbers of the suspect units produced from June 1, 1978 to March
15, 1979 as indicated by Halsey Taylor in their report to CPSC include
the following:\
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\
Model Series HBW-8-A WM-14-SH WM-16-A SW-4-A WT-8-A\* WT-14-W SC-8-A
SC-14-SP SC-16-W S-3C-1 HT-1530 RC-12-A HBW-13-A WM-14-CB WM-16-W SW-6-A
WT-14-A WT-16-A SC-14-A SC-14-SH SC-20-A S-5-C XP-16-W RWM-8-A WM-8-A\*
WM-14-W WM-16-BL SW-8-A WT-14-FL WT-16-W SC-14-FL/FR SC-14-W SC-21-W
S-10-C WC-7-A RWM-13-A\* WM-14-A WM-14-BL WM-20-A SW-13-A WT-14-CB
WT-20-A SC-14-CB SC-16-A LL-14-A LC-1530\
\
\*These models are listed here for completeness of the above list;
however, EPA is not seeking comment since they are included on the final
list we are publishing today.\
\
\
Catalog Model Numbers RWM-8-A WM-8-A-1 WM-14-W WM-16-BL-1 SW-4-A
WT-14-FL WT-16-W SC-14-FL/FR SC-14-W SC-21-W S-5-C HR-5-A RP-6-A-3
OHT-103-A CP-3-CB RC-8-A-GF RWM-8-A WM-14-A-1 WM-14-BL-1 WM-20-A-1
SW-6-A WT-14-CB WT-20-A SC-14-CB SC-16-A LL-14-A S-10-C HR-9-A RP-10-A-3
02510-A CP-3-A RC-12-A HBW-8-A WM-14 (SH) WM-16-A-1 SW-8-A WT-8-A
WT-14-W SC-8-A SC-14-SP SC-16-W TF-16-A LC-1530 SJ-6-A-3 RP-19-A
WC-7-A-1 RC-12-A-GF HBW-13-A WM-14-CB WM-16-W SW-13-A WT-14-A WT-16-A
SC-14-A SC-14-SH SC-20-A S-3-C-1 HT-1530 SJ-10-A-3 RP-20-W XP-16-W

  ----------------- ----------------- ----------------- -----------------
  **SERIAL NUMBERS                                      
  OF SUSPECT WATER                                      
  COOLERS**                                             

                                                        

  **From**          **To**            **From**          **To**

                                                        

  00980145          00980183          00989888          00989932

  01073003          01073005          01083066          01083070

  01084580          01084580          01085966          01086225

  01100810          01100897          01106342          01106344

  01120865          01120899          01124024          01124048

  01131313          01131347          01137619          01137623

  01144339          01144349          01146300          01146399

  01146676          01146699          01147266          01147299

  01149627          01149699          01151659          01151699

  01155757          01155999          01157432          01157449

  01161125          01161199          01162830          01164901

  01163301          01163400          01164093          01164112

  01165651          01165662          01166410          01166699

  01166945          01166969          01167845          01168499

  01171401          01171578          01171600          01171609

  01171837          01171837          01171845          01171856

  01171883          01171883          01172329          01172653

  01172665          01172800          01174353          01174422

  01174794          01174794          01174800          01175039

  01177500          01177763          01177771          01177784

  01178071          01178099          01179101          01179200

  01179579          01179582          01179759          01179761

  01180363          01180371          01180435          01180494

  01180831          01180900          01181300          01181690

  01181745          01182099          01182900          01183231

  01183391          01183556          01183581          01184085

  01184371          01184899          01185500          01186229

  01186306          01186505          01187550          01187557

  01187803          01188264          01188315          01188316

  01188600          01188979          01189926          01190191

  01191512          01192297          01192301          01192400

  01192414          01192663          01195500          01195964

  01196491          01196699          01196921          01196949

  01196951          01196970          01197515          01197799

  01197860          01198599          01198751          01199050

  01199101          01199300          01199571          01199870

  01200001          01200080          01200100          01200329

  01201522          01201896          01202362          01202432

  01202900          01203539          01203541          01203550

  01204166          01204492          01204706          01204706

  01204760          01204762          01205300          01205314

  01205327          01205327          01205335          01205399

  01205427          01205448          01206400          01206459

  01206800          01206824          01207138          01207422

  01207601          01207799          01207919          01208099

  01208103          01208132          01208201          01208279

  01208895          01208939          01209800          01209844

  01212400          01213219          01214501          01214537

  01214575          01214600          01214800          01214880

  01215201          01215299          01215500          01215844

  01215950          01216114          01216201          01216673

  01217150          01217166          01217350          01217359

  01217700          01217721          01217800          01218849

  01219730          01220504                            
  ----------------- ----------------- ----------------- -----------------

If an owner has any of the above listed model series and a serial number
matching one of the above listed serial numbers (both conditions must be
met), the drinking **water cooler** may contain a **lead**-lined water
tank. EPA advises that owners of such coolers report this information to
the CPSC. Information should be referred to the Consumer Product Safety
Commission, Washington, DC 20207. After notice and opportunity for
comment, including a public hearing, the Consumer Product Safety
Commission shall issue an order requiring the manufacturers and
importers of such coolers to repair, replace, or recall and provide a
refund for such coolers. Since the hearing process may be lengthy,
interested parties may call the CPSC HOTLINE (1-800-638-2772) for a
status update.\
\
V. EPA\'s Plans for Updating the Lists; Guidance on Use of the Lists\
\
The CPSC sent requests, dated November 14 and 20, 1988, to its field
offices to conduct additional investigations of **lead** in drinking
**water coolers.** Information from this inquiry has been reviewed by
EPA but has not revealed any additional units for listing. Should other
efforts identify additional drinking **water coolers** that are not
**lead** free, EPA will revise and update the list as necessary.\
\
EPA invites comment on the accuracy and completeness of the proposed
lists in section IV only. Anyone aware of drinking **water coolers**
that are not **lead** free which are not included on the above lists may
submit this information to EPA. Such information should include the name
of the manufacturer, brand name, model number, and serial number,
identification or a brief description of the **lead**-containing
component, its location in the water transport pathway, and its percent
**lead** content if known and test method used. In addition, so that EPA
may verify the information received, commenters are requested to include
their name, address, and source of information relied upon to support
their findings.\
\
While the presence of **lead** in drinking water can indicate the
presence of **lead** in a **water cooler,** the public is reminded that
under the LCCA, the term \"**lead** free\" is based upon the **lead**
content of the component part itself rather than upon an analysis of the
**lead** content of the drinking water in contact with the component.
Additionally, as stated previously, before the CPSC may issue an order
requiring repair, replacement, or recall and refund of drinking **water
coolers with lead**-lined tanks, it must provide an opportunity for
comment and public hearing. Because commenters\' claims may be
challenged by manufacturers, importers, or others, commenters may be
required to provide persuasive evidence regarding the tank lining and
should be prepared to do so until such time as the recall, repair, or
replacement of the cooler ordered by CPSC has been completed.\
\
Five factors contribute to high **lead** levels in drinking water
dispensed by coolers: (1) The presence of **lead**-lined water tanks and
**lead**-containing components; (2) the presence of corrosive waters
(e.g., waters having low pH or alkalinity); (3) prolonged contact time
between the water and materials of construction containing **lead**
which can occur as a result of infrequent use of the **water cooler;**
(4) age (i.e., water from newer coolers or devices containing **lead**
materials or new plumbing connections containing **lead** solder tends
to have higher **lead** levels); and (5) presence of **lead** in water
entering the cooler due to upstream plumbing or other sources of
**lead.** Careful testing and interpretation of results is necessary to
distinguish the **water cooler** as a cause of the **lead** in the water
as opposed to other sources upstream of the cooler. In addition, any
existing problems may be exacerbated if a building\'s electrical system
is grounded to the plumbing system.\
\
Given the limited information available to EPA on **lead**-containing
drinking **water coolers,** owners are urged not to rely upon the above
lists for assuring the quality of drinking water from **water coolers.**
EPA recommends that the drinking water from individual coolers (as well
as other outlets) in a building be tested to determine if lead is
present in water from a particular cooler and, if so, at what level. If
**lead** is found to be present, additional analysis should be performed
to determine whether the source of **lead is from the water cooler,**
the plumbing, or both.\
\
EPA has prepared a guidance document and testing protocol which explains
how to test individual drinking **water coolers** to determine the
extent of **lead** contamination from **water coolers.** Although
directed towards schools and other educational institutions, this
manual, \"Lad in School Drinking Water,\" should prove useful for other
buildings as well. EPA urges that water taps, in addition to those
connected to coolers, be tested for lead where such taps may be
contaminated by lead and supply water for drinking or cooking. Copies
can be obtained by writing to the Superintendent of Documents,
Government Printing Office, Washington, DC 20402. \"Request Lead in
School Drinking Water, GPO stock number 055-000-00281-9. Enclose a check
or money order for \$3.25.\" Please do not send cash.\
\
Dated: January 10, 1990.\
\
\
Robert H. Wayland III,\
\
Acting Assistant Administrator for Water.\
\[FR Doc. 90-1151 Filed 1-17-90; 8:45 am\]\
\
BILLING CODE 6560-50-M

++++++++++++++++++++++++++++++++++++++++++++

*55 FR 14851*

CONSUMER PRODUCT SAFETY COMMISSION\
\
AGENCY: Consumer Product Safety Commission.

\[CPSC Docket No. 90-C0011\]

55 FR 14851

**April** 19, 1990

Scotsman Group, Inc., a Corporation; Provisional Acceptance of a Consent
Order Agreement\
ACTION: Provisional acceptance of consent order agreement under the Lead
Contamination Control Act of 1988 (Pub. L. 100-572) (LCCA).\
\
\
SUMMARY: The **Lead** Contamination Control Act of 1988 requires the
Commission to issue an order requiring manufacturers of drinking **water
coolers** that have been identified by the Environmental Protection
Agency (EPA) as having **lead**-lined tanks to repair, replace or recall
and provide a refund for such coolers. On January 18, 1990, EPA
published a Federal Register notice listing six models of water coolers
manufactured by Respondent and proposed listing several others. [[(55 FR
1772).]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=1&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 1772%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=3e252d0179871620f66a659425df9c12)
The staff has negotiated the Consent Order Agreement that follows to
provide a replacement or refund program that addresses the Respondent\'s
coolers. The Commission has provisionally accepted the Consent Order
Agreement. If the Commission receives a timely request not to accept the
Consent Order Agreement, it will consider such request and vote on its
acceptability. If the Commission does not receive a timely request not
to accept the Consent Order Agreement, it shall become final on May 21,
1990.\
\
\
DATES: Any interested person may ask the Commission not to accept this
Consent Order Agreement by filing a written request with the Office of
the Secretary by May 19, 1990.\
\
\
ADDRESSES: Persons wishing to comment on this Consent Order Agreement
should send written comments to the Office of the Secretary, Consumer
Product Safety Commission, Washington, DC 20207.\
FOR FURTHER INFORMATION CONTACT: Ronald G. Yelenik, Trial Attorney, or
Eric L. Stone, Trial Attorney, Directorate for Compliance and
Administrative Litigation, Consumer Product Safety Commission,
Washington, DC 20207; telephone (301) 492-6626.\
\
Dated: April 13, 1990.\
\
**TEXT:**\
Sheldon D. Butts,\
\
Deputy Secretary.\
\
\
Consent Order Agreement\
\
This Consent Order Agreement is made by and between Scotsman Group,
Inc., a corporation (hereinafter, \"Respondent\") and the staff of the
Consumer Product Safety Commission (hereinafter, \"Staff\") in
resolution of this matter.\
\
Respondent and the Staff stipulate and agree as follows:\
\
I\
\
1. The United States Consumer Product Safety Commission has jurisdiction
over Respondent and over the subject matter of this Consent Order
Agreement pursuant to [[42 U.S.C.
300j-22.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=2&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=93fa960833d3d868b468111dca05f61e)\
\
2. This Consent Order Agreement is issued under the above-referenced
statutory provision.\
\
3. As provided at [[42 U.S.C.
300j-22,]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=3212aa8ca74e460336d4a9e7a79ca412)
for purposes of enforcement, this Consent Order Agreement shall be
treated as an Order under [[15 U.S.C.
2064]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=15 USC 2064&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=586cbc4cc7abee2ae46d6ff19c0f9e91)(d).
Respondent acknowledges that a violation of this Consent Order Agreement
is a prohibited act within the meaning of [[15 U.S.C.
2068]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=5&_butInline=1&_butinfo=15 USC 2068&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=b4e392fd60649f69b5de1f107337b69d)(a)
(5) and may subject a violator to a civil or criminal penalty under [[15
U.S.C.
2069]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=15 USC 2069&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=411b4ac5dadb39e04cdc6684ab0ed35a)
and 2070.\
\
II\
\
4. Respondent is a corporation organized and existing under the laws of
the State of Delaware with its principal corporate offices located at
775 Corporate Woods Parkway, Vernon Hills, Illinois 60061. Respondent,
through its Halsey Taylor Division, was during the time period in
question a manufacturer of drinking water coolers as that term is
defined at [[42 U.S.C.
300j-21]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=7&_butInline=1&_butinfo=42 USC 300J-21&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=e542281dd80a9371c5e760f3446ca83b)(1).
Whenever this Consent Order Agreement refers to drinking water coolers
\"manufactured\" by Respondent, that reference includes all coolers
manufactured by Scotsman Group, Inc., the Halsey Taylor division of
Scotsman or its predecessor companies or business organizations.\
\
5. The \"Staff\" is the staff of the United States Consumer Product
Safety Commission (hereinafter \"Commission\"), an independent
regulatory Commission of the United States of America created pursuant
to [[15 U.S.C.
2053.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=8&_butInline=1&_butinfo=15 USC 2053&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=844cbd89cdfba7f09727bdee43ec0382)\
\
III\
\
6. On October 31, 1988, the United States Congress enacted the **Lead**
Contamination Control Act of 1988, [[Public Law
100-572]{.underline}](http://www.lexis.com/research/buttonLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=1&_butStat=0&_butNum=9&_butInline=1&_butinfo=LXE_100_PL_572&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=4b2ebeae3b27d0387d6c46b4bd06a73b)
(hereinafter, \"LCCA\"). The LCCA amends the Safe Drinking Water Act,
[[42 U.S.C.
300f,]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=10&_butInline=1&_butinfo=42 USC 300F&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=e0b9a7a1afa62edf3c1df587e9b882ee)
*et seq.,* and requires the Environmental Protection Agency
(hereinafter, \"EPA\" ), among other things, to publish a list
(hereinafter, the \"EPA list\") identifying each brand and model of
drinking **water cooler** which has a **lead**-lined tank. [[42 U.S.C.
300j-23]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=11&_butInline=1&_butinfo=42 USC 300J-23&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=7ca6a6b1872ac0dc901c2fc8bd1c3994)(a).\
\
7. The LCCA states that, for purposes of the Consumer Product Safety Act
(CPSA), all drinking **water coolers** identified on the EPA list as
having a **lead**-lined tank shall be considered to be \"imminently
hazardous consumer products\" within the meaning of [[15 U.S.C.
2061.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=12&_butInline=1&_butinfo=15 USC 2061&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=cc4122a2e65ad0a38cc43259be8468e7)
The LCCA further provides that the Commission shall issue an order
requiring the manufacturers of such drinking **water coolers** to
repair, replace, or recall and provide a refund for those coolers. [[42
U.S.C.
300j-22.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=13&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=52c41723730e6e2214a70d3b2261ac1c)\
\
8. On April 10, 1989, EPA published a proposed list of drinking **water
coolers** which may contain **lead**-lined tanks and here manufactured
by Respondent. [[54 FR
14320.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=14&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B54 FR 14320%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=9d04bdb33ef940f10f397e9730d4c6aa)
The proposal listed the WM8A, WT8A, GC10ACR, GCl0A, GC5A, and RWM13A
models. On January 18, 1990, the EPA published its final list, listing
the same six water cooler models and proposing the addition of a number
of other models in the future. [[55 FR
1772.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=15&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 1772%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=6e6380fd983348c2b4e9c6f9b5ff45e1)\
\
9. The Staff alleges that all tank-type models of drinking **water
coolers** manufactured by the Respondent before April 1, 1979, include
units with **lead**-lined tanks, as that term is defined in the LCCA.
[[42 U.S.C.
300j-21]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=16&_butInline=1&_butinfo=42 USC 300J-21&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=76fff4995e7023a6d978f04b6f736d98)(7).\
\
10. Aithough it denies and contests the staff\'s allegations, Respondent
has entered into this Consent Order Agreement for the purpose of
resolving this matter without resorting to protracted administrative and
judicial proceedings.\
\
IV\
\
11. The provisions of this Consent Order Agreement shall apply to all
tank-type models of drinking water coolers manufactured by Respondent,
whether or not those models are included on the present or on a future
EPA list.\
\
12. Respondent shall undertake certain corrective actions, specified in
the Order incorporated herein, regarding all tank-type drinking water
cooler models manufactured by Respondent before April 1, 1979.\
\
13. This Consent Order Agreement resolves all claims that now exist, or
may exist in the future, under the LCCA, CPSA or Federal Hazardous
Substances Act for repair, replacement, or recall and refund of the
purchase price, or public notice requirements, for any of Respondent\'s
tank-type drinking **water coolers** manufactured with **lead.** This
Consent Order Agreement also resolves any claims that Respondent
violated [[15 U.S.C.
2064]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=17&_butInline=1&_butinfo=15 USC 2064&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=e8bbb1d50cf4d276481e24df6167dda6)(b)
by failing to report to the Commission the presence of **lead** in
drinking **water coolers** manufactured before April 1, 1979.\
\
14. Upon provisional acceptance by the Commission of this Consent Order
Agreement, it shall disclose the terms of this document to the public
and shall publish it in the Federal Register. If the Commission does not
receive any written requests not to accept the Consent Order Agreement
within 30 days, it shall be deemed finally accepted on the 31st day
after the date it is published in the Federal Register. If the
Commission does receive a timely request not to accept the Consent Order
Agreement, it will consider such request and vote on the acceptability
of such Consent Order Agreement or the desirability of further action.\
\
15. Respondent knowingly, voluntarily and completely waives any rights
it may have to issuance of a complaint setting forth the staff\'s
allegations, and agrees that the staff allegations set forth in the
Consent Order Agreement shall serve as a substitute for a complaint.
Respondent also waives any right it may have to a hearing pursuant to
[[42 U.S.C.
300j-22]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=18&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=47d4e9708700da2a34998f9af0ef05fe)
or any other statutory provision, and to judicial review or other
challenge or contest of the validity of the Commission\'s action in th
is matter.\
\
16. The provisions of this Consent Order Agreement shall apply to the
Respondent and its successors and assigns.\
\
17. Upon final Commission acceptance, the Commission shall publicize the
terms of this Consent Order Agreement and make it available for public
viewing at the Office of the Secretary, Consumer Product Safety
Commission, 5401 Westbard Avenue, Bethesda, Maryland 20207.\
\
18. No agreement, understanding, or representation not contained in this
Consent Order Agreement may be used to vary or contradict its terms.\
\
19. In the event the Commission does not finally accept this Consent
Order Agreement in its current form, the provisions of this Consent
Order Agreement shall be null and void and Respondent shall be entitled
to notice and opportunity for comment, including a public hearing, as
required by [[42 U.S.C.
300j-22.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=19&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=7140f8a4c2b667afc5084bc68932b804)\
\
The foregoing Agreement, incorporated by reference in the attached
Order, is hereby respectfully submitted to the Commission by the parties
named above, and each consents to the entry of said Order by the
Commission.\
\
\
Order\
\
Upon consideration of the foregoing Agreement between the parties, the
terms of which are hereby incorporated by reference into the Commission
Order, it is hereby Ordered that:\
\
1. This Order shall apply to all models of tank-type drinking water
coolers manufactured by Respondent before April 1, 1979.\
\
2. Respondent shall take the following corrective actions:\
\
\
*Notice*\
\
(a) Within 30 days of service upon Respondent of this final Order,
Respondent shall send by first class mail, the notice specified in
Appendix 1, to all responsible officials of parochial and private
schools, colleges and universities, and day care centers with 10 or more
children in the United States, identified in the most recent, complete
Quality Education Data mailing lists for those groups, notifying them of
the terms of Respondent\'s replacement and refund effort.\
\
(b) Within 30 days of service upon Respondent of this final Order,
Respondent shall send by first class mail, the notice specified in
Appendix 2, to all public school superintendents in the United States,
identified in the most recent, complete Quality Education Data mailing
list, notifying them of the terms of Respondent\'s replacement and
refund effort.\
\
(c) Within 30 days of service upon Respondent of this final Order,
Respondent shall send by first class mail, the notice specified in
Appendix 3, to all LCCA state coordinators notifying them of the terms
of Respondent\'s replacement and refund effort.\
\
(d) Within 30 days of service upon Respondent of this final Order,
Respondent shall send by first class mail, the notice specified in
Appendix 4 to headquarters offices for 219 religious denominations,
identified in The Yearbook of American and Canadian Churches and the
notice specified in Appendix 5 to approximately 1000 YMCA and YWCA
regional corporate headquarters, and approximately 525 central and
administrative centers for boys and girls clubs across the country.\
\
(e) Within 15 days of service upon Respondent of this final Order,
Respondent shall submit full page paid advertisements for placement in
the next available issues, in the following publications targeted at
facility and property management professionals: *Building Operating
Management, Industrial Maintenance and Plant Operations, Public Works,*
and *Skylines.* Advertisements shall be placed in two consecutive issues
of each publication, and shall be in the form set forth at Appendix 6.\
\
(f) Within 24 hours of entry of this final Order, Respondent shall
establish and maintain an 800 telephone number manned by trained
operators who are able to clarify the scope of the replacement and
refund program and provide further information to cooler owners.\
\
\
*Replacement or Refund*\
\
(g) Respondent shall, at the election of the owner of a drinking water
cooler subject to this Order, provide a comparable replacement cooler as
specified in section (j) and Appendix 7 to this Order, or a refund of
the purchase price if that person submits the following documentation:\
\
(1) The cooler\'s identification tag (from the exterior of the cooler or
the interior of the cooler), or a photograph of the tag. If all
identification tags are missing, the cooler owner must submit a
photogaph of the cooler and substitute documentation (such as a receipt
or repair order) that shows that the cooler is a tank-type water cooler
manufactured before April 1, 1979;\
\
(2) A completed Water Cooler Identification Chart in the form attached
at Appendix 8;\
\
(3) A completed Affidavit in the form attached at Appendix 9 or 10, as
appropriate;\
\
(4) Water test results showing net **lead** levels contributed by the
**water cooler** in excess of 20 ppb from a state-certified laboratory
using EPA approved methods conducted in conformity with the procedures
set forth in Appendix 11, except that if the **water coolers** were
tested prior to the public announcement of this corrective action
program, the owner may submit water test results from a qualified
laboratory that used reliable testing procedures with sampling conducted
in a manner consistent with the procedures set forth in Appendix 11.\
\
Under usual circumstances, the foregoing documentation shall be
required. However, Respondent shall accept reasonable substitutes when
circumstances warrant.\
\
These procedures do not govern \"special refunds,\" as that term is
defined in sections (m) through (o), below. Such special refunds are
governed by the rules set forth in those sections.\
\
(h) Upon receipt of a request for a replacement cooler or refund,
Respondent will review the documentation provided by the cooler owner to
confirm the cooler\'s eligibility for a replacement or refund.
Respondent may decline to process a request for replacement or refund
where:\
\
(1) Some of the documentation required by subparagraph (g), above, is
not submitted, is incomplete or is otherwise inadequate;\
\
(2) The cooler in question was not manufactured by Respondent prior to
April 1, 1979; or\
\
(3) The water test results do not demonstrate net lead levels above 20
ppb or were not developed using the required sampling and testing
protocol.\
\
\
Where the documentation submitted by the cooler owner does not meet
these requirements, Respondent shall send the owner a letter identifying
the deficiencies and asking the owner to correct them.\
\
(i) If the cooler owner\'s documentation is complete and adequate,
Respondent shall send the owner a confirmatory letter indicating that a
replacement cooler or refund will be forthcoming as soon as possible.
The letter will remind the owner of his or her obligation to remove from
service and scrap the old cooler and will provide a sticker to be placed
on the old water cooler. The sticker shall contain the following
message: \"This cooler contributes more than 20 parts per billion lead
to the water. Do not use or resell.\"\
\
(j) If the cooler owner chooses to receive a replacement cooler,
Respondent shall, within a reasonable time after receipt of the required
documentation, ship, at its cost, a brand new water cooler model
comparable to the cooler it is replacing, to the owner in accordance
with the list set forth in Appendix 7.\
\
(k) If the cooler owner chooses to receive a refund the amount of the
refund provided shall be the amount on the schedule attached as Appendix
12, to this Order or, if the owner can provide reasonable documentation
of the purchase price of the cooler (such as the invoice or sales
receipt), such purchase price shall be refunded.\
\
(l) Respondent previously offered a 60 percent discount on a new cooler
to replace coolers which had been shown to be contributing net lead
levels to drinking water above 50 ppb. Respondent shall contact any
owners who participated in that program if their former coolers would
have qualified for corrective action under the program set forth in this
Agreement and shall provide a refund of the amount the owner paid to
obtain a new cooler.\
\
\
*Special Refund*\
\
(m) Respondent shall provide a special refund to any **water cooler**
owner who is a college, university, school or day care facility and can
show that (1) between April 10, 1989 and January 18, 1990, it owned a
tank-type drinking **water cooler** manufactured by Respondent before
April 1, 1979, (2) such cooler was listed in the April 10, 1989 EPA
proposed list [[(54 FR
14320)]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=0d513cc2d4308f380fdeb8abe932852a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=20&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B54 FR 14320%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=2&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=a4cb4ce2e7d355948eefbca939e6e9ac)
as having a **lead**-lined tank, (3) such cooler was not water tested,
(4) such cooler was removed as the result of having been included in the
proposed EPA list, (5) such cooler was disposed of, or damaged upon
removal, prior to January 18, 1990 and, therefore, (6) cannot be hooked
up to a water source for water testing.\
\
(n) The amount of such special refund shall be determined based on the
date of manufacture of the water cooler. For all drinking water coolers
manufactured on or before December 31, 1966, Respondent shall provide a
special refund of 100 percent of the amount listed in Appendix 12. For
all coolers manufactured from January 1, 1967 through March 31, 1979,
Respondent shall provide a special refund of 20 percent of the amounts
listed in Appendix 12 for each such cooler.\
\
(o) In order to qualify for such special refund, the water cooler owner
must submit the following documentation:\
\
(1) A receipt, bill, invoice or other document(s) reflecting work
performed, which document was generated at the time such work was
performed in removing and, where appropriate, disposing of, such cooler,
which shows the date of removal and/or disposal of the cooler;\
\
(2) Documentation generated prior to the cooler\'s removal (such as
invoices, photographs, repair sheets, cooler inventory lists) showing
the model and serial number for each cooler for which a special refund
is claimed; and\
\
(3) A completed affidavit in the form attached at Appendix 13.\
\
Under usual circumstances, the foregoing documentation shall be
required. However, Respondent shall accept reasonable substitutes when
circumstances warrant.\
\
\
*Recordkeeping and Reporting*\
\
(p) Respondent shall use its best efforts to inquire of all persons
contacting it on its 800 telephone line about the reason for the call,
and if the call is about Respondent\'s replacement and refund program
shall inquire as to how the caller learned about the program. Respondent
shall maintain records of all such responses as well as records
regarding any necessary follow-up actions (such as information mailed to
the caller) required as a result of the call.\
\
(q) For a period of five years after the date of service upon Respondent
of this final Order, Respondent shall maintain records of all mailings,
all advertisements placed, and all inquiries received, about the
replacement and refund program that required follow-up action.
Respondent shall also maintain copies of any documentation received from
cooler owners seeking a replacement or refund, records of replacement
coolers shipped, and refunds given, and records of any documents
regarding why such replacements and refunds were not given. These
documents shall be made available for inspection by the Commission staff
upon its request during normal business hours.\
\
(r) Respondent shall provide on a monthly basis (for a period of one
year), and on a quarterly basis (for two years thereafter), reports to
the Commission staff on its notice, replacement and refund efforts.
These reports shall start one month after the date of service upon
Respondent of the final Order. Such reports shall summarize the status
of the mailings described in paragraphs (a) to (c) above, the placement
and publication of the advertisements described in paragraph (d) above,
and the manner in which consumers contacting the 800 phone line learned
about the replacement and refund program. Furthermore, each report shall
at minimum state for the preceding period, the number of coolers
identified that are subject to replacement or refund, the number of
replacement water coolers actually shipped, and the number of refunds
mailed. Each report shall also include cumulative totals for each of
these categories, and be in the form set forth at Appendix 14.
Respondent\'s obligation to maintain the 800 phone line shall expire at
the end of the three year period.\
\
(s) For a period of three years after the date of service upon
Respondent of this final Order, Respondent shall notify the Commission
at least 30 days prior to any change in its business (such as
incorporation, dissolution, assigment, sale, merger, or filing for
bankruptcy) that results in the emergence of a successor corporation,
the creation or dissolution of subsidiaries, the dissolution of the
corporation, or any other change which might affect compliance
obligations arising out of this Order. If it is not possible to provide
such 30 days notice, Respondent shall provide such notice as soon as it
is possible to do so.\
\
Dated: April 2, 1990.\
\
Consented to on behalf of the Respondent by:\
\
\
Richard C. Osborne,\
\
President & CEO, Scotsman Group, Inc.\
\
Consented to on behalf of the Commission Staff by:\
\
\
David Schmeltzer,\
\
Associate Executive Director, Directorate for Compliance and
Administrative Litigation.\
\
\
Alan H. Schoem,\
\
Director, Division of Administrative Litigation.\
\
Dated: April 4, 1990.\
\
By:\
\
\
Ronald G. Yelenik,\
\
Trial Attorney.\
\
\
Eric L. Stone,\
\
Trial Attorney.\
\
The Consumer Product Safety Commission hereby provisionally accepts the
foregoing Consent Order Agreement. By order of the Commission this 13th
day of April 1990.\
\
\
Sheldon D. Butts,\
\
Deputy Secretary, Office of the Secretary.\
\[FR Doc. 90-9112 Filed 4-18-90; 8:45 am\]\
\
BILLING CODE 6355-01-M

++++++++++++++++++++++++++++++++++++++

*55 FR 22387*

CONSUMER PRODUCT SAFETY COMMISSION\
\
AGENCY: Consumer Product Safety Commission.

\[CPSC Docket No. 90-C0011\]

55 FR 22387

**June** 1, 1990

Scotsman Group, Inc., a Corporation; Final Acceptance of a Consent Order
Agreement\
ACTION: Final acceptance of consent order agreement under the Lead
Contamination Control Act of 1988 (Pub. L. 100-572) (LCCA).\
\
\
SUMMARY: The **Lead** Contamination Control Act of 1988 requires the
Commission to issue an order requiring manufacturers of drinking **water
coolers** that have been identified by the Environmental Protection
Agency (EPA) as having **lead**-lined tanks to repair, replace or recall
and provide a refund for such coolers. EPA published a Federal Register
notice on January 18, 1990, listing six models of water coolers
manufactured by Respondent and proposed listing several others. [[(55 FR
1772)]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=1&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 1772%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=f628f057a184c9cc1f75d66bf4034ea9)
The staff negotiated a Consent Order Agreement to provide a replacement
or refund program that addresses the listed coolers. The Commission
provisionally accepted that Agreement on April 13, 1990 and published it
for comment in the Federal Register on April 19, 1990. [[(55 FR
14851)]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=2&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 14851%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=d0911e8a85da3f7313c52d9f5b79eb04)
The Commission received two comments on the provisional Agreement and
after considering those comments, voted on May 25, 1990 to finally
accept the Agreement. The text of the final Consent Order Agreement is
published below.\
\
\
DATES: The Consent Order Agreement became effective on May 25, 1990.\
\
\
FOR FURTHER INFORMATION CONTACT: Ronald G. Yelenik, Trial Attorney, or
Eric L. Stone, Trial Attorney, Directorate for Compliance and
Administrative Litigation, Consumer Product Safety Commission,
Washington, DC 20207; telephone (301) 492-6626.\
\
Dated: May 29, 1990.\
\
**TEXT:**\
Sheldon D. Butts,\
\
Deputy Secretary.\
\
\
Consent Order Agreement\
\
This Consent Order Agreement is made by and between Scotsman Group,
Inc., a corporation (hereinafter, \"Respondent\") and the staff of the
Consumer Product Safety Commission (hereinafter, \"Staff\") in
resolution of this matter.\
\
Respondent and the Staff stipulate and agree as follows:\
\
\
*I*\
\
1. The United States Consumer Product Safety Commission has jurisdiction
over Respondent and over the subject matter of this Consent Order
Agreement pursuant to [[42 U.S.C.
300j-22.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=3&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=b3ebc9a0f2aed423a633c2abcbb15e8a)\
\
2. This Consent Order Agreement is issued under the above-referenced
statutory provision.\
\
3. As provided at [[42 U.S.C.
300j-22,]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=4&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=e89850f653c3379e3d6fe9ef696873a1)
for purposes of enforcement, this Consent Order Agreement shall be
treated as an Order under [[15 U.S.C.
2064]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=5&_butInline=1&_butinfo=15 USC 2064&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=ef116cfbc9a7bbb3e896c735d421d77b)(d).
Respondent acknowledges that a violation of this Consent Order Agreement
is a prohibited act within the meaning of [[15 U.S.C.
2068]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=6&_butInline=1&_butinfo=15 USC 2068&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=66b460228d2308e534c80df4d4f1e4a7)(a)(5)
and may subject a violator to a civil or criminal penalty under [[15
U.S.C.
2069]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=7&_butInline=1&_butinfo=15 USC 2069&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=27f405f0663617d89039d0b7ad6968a3)
and 2070.\
\
\
*II*\
\
4. Respondent is a corporation organized and existing under the laws of
the State of Delaware with its principal corporate offices located at
775 Corporate Woods Parkway, Vernon Hills, Illinois 60061. Respondent,
through its Halsey Taylor Division, was during the time period in
question a manufacturer of drinking water coolers as that term is
defined at [[42 U.S.C.
300j-21]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=8&_butInline=1&_butinfo=42 USC 300J-21&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=7e4b3a7c899209afd8b7b5594cfbc33c)(1).
Whenever this Consent Order Agreement refers to drinking water coolers
\"manufactured\" by Respondent, that reference includes all coolers
manufactured by Scotsman Group, Inc., the Halsey Taylor division of
Scotsman or its predecessor companies or business organizations.\
\
5. The \"Staff\" is the staff of the United States Consumer Product
Safety Commission (hereinafter \"Commission\"), an independent
regulatory Commission of the United States of America created pursuant
to [[15 U.S.C.
2053.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=9&_butInline=1&_butinfo=15 USC 2053&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=2231abf54c07fc9060d1a6653d4fbf46)\
\
\
*III*\
\
6. On October 31, 1988, the United States Congress enacted the **Lead**
Contamination Control Act of 1988, [[Public Law
100-572]{.underline}](http://www.lexis.com/research/buttonLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=1&_butStat=0&_butNum=10&_butInline=1&_butinfo=LXE_100_PL_572&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=99ac312e352891a24df8df868ed0356a)
(hereinafter, \"LCCA\"). The LCCA amends the Safe Drinking Water Act,
[[42 U.S.C.
300f,]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=11&_butInline=1&_butinfo=42 USC 300F&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=947409bfe2482b883810b2a1c774c7f3)
*et seq.,* and requires the Environmental Protection Agency
(hereinafter, \"EPA\"), among other things, to publish a list
(hereinafter, the \"EPA list\") identifying each brand and model of
drinking **water cooler** which has a **lead**-lined tank. [[42 U.S.C.
300j-23]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=12&_butInline=1&_butinfo=42 USC 300J-23&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=143f697c6f892107f9ddf35f1413acf2)(a).\
\
7. The LCCA states that, for purposes of the Consumer Product Safety Act
(CPSA), all drinking **water coolers** identified on the EPA list as
having a **lead**-lined tank shall be considered to be \"imminently
hazardous consumer products\" within the meaning of [[15 U.S.C.
2061.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=13&_butInline=1&_butinfo=15 USC 2061&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=da48af4da1984cbba1c1df7e239f4873)
The LCCA further provides that the Commission shall issue an order
requiring the manufacturers of such drinking **water coolers** to
repair, replace, or recall and provide a refund for those coolers. [[42
U.S.C.
300j-22.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=14&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=e5a792eec70c4c4fb2529b5f68965e07)\
\
8. On April 10, 1989, EPA published a proposed list of drinking **water
coolers** which may contain **lead**-lined tanks and were manufactured
by Respondent. [[54 FR
14,320.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=15&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B54 FR 14320%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=22e21253b62c3a78d9bd848f814245e3)
The proposal listed the WM8A, WT8A, GC10ACR, GC10A, GC5A, and RWM13A
models. On January 18, 1990, the EPA published its final list, listing
the same six water cooler models and proposing the addition of a number
of other models in the future. [[55 FR
1772.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=16&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 1772%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=b7bc028b2af5c0e7f37be46f6e3dff6d)\
\
9. The Staff alleges that all tank-type models of drinking **water
coolers** manufactured by the Respondent before April 1, 1979, include
units with **lead**-lined tanks, as that term is defined in the LCCA.
[[42 U.S.C.
300j-21]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=17&_butInline=1&_butinfo=42 USC 300J-21&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=9a3faaf580dade148b1b53fe2f528e25)(7).\
\
10. Although it denies and contests the staff\'s allegations, Respondent
has entered into this Consent Order Agreement for the purpose of
resolving this matter without resorting to protracted administrative and
judicial proceedings.\
\
\
*IV*\
\
11. The provisions of this Consent Order Agreement shall apply to all
tank-type models of drinking water coolers manufactured by Respondent,
whether or not those models are included on the present or on a future
EPA list.\
\
12. Respondent shall undertake certain corrective actions, specified in
the Order incorporated herein, regarding all tank-type drinking water
cooler models manufactured by Respondent before April 1, 1979.\
\
13. This Consent Order Agreement resolves all claims that now exist, or
may exist in the future, under the LCCA, CPSA or Federal Hazardous
Substances Act for repair, replacement, or recall and refund of the
purchase price, or public notice requirements, for any of Respondent\'s
tank-type drinking **water coolers** manufactured with **lead.** This
Consent Order Agreement also resolves any claims that Respondent
violated [[15 U.S.C.
2064]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=18&_butInline=1&_butinfo=15 USC 2064&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=f129cef4969565f0010b90e426670d0f)(b)
by failing to report to the Commission the presence of **lead** in
drinking **water coolers** manufactured before April 1, 1979.\
\
14. Upon provisional acceptance by the Commission of this Consent Order
Agreement, it shall disclose the terms of this document to the public
and shall publish it in the Federal Register. If the Commission does not
receive any written requests not to accept the Consent Order Agreement
within 30 days, it shall be deemed finally accepted on the 31st day
after the date it is published in the Federal Register. If the
Commission does receive a timely request not to accept the Consent Order
Agreement, it will consider such request and vote on the acceptability
of such Consent Order Agreement or the desirability of further action.\
\
15. Respondent knowingly, voluntarily and completely waives any rights
it may have to issuance of a complaint setting forth the staff\'s
allegations, and agrees that the staff allegations set forth in the
Consent Order Agreement shall serve as a substitute for a complaint.
Respondent also waives any right it may have to a hearing pursuant to
[[42 U.S.C.
300j-22]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=19&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=65a6d5139114b4c06ad2efaedfb3f459)
or any other statutory provision, and to judicial review or other
challenge or contest of the validity of the Commission\'s action in this
matter.\
\
16. The provisions of this Consent Order Agreement shall apply to the
Respondent and its successors and assigns.\
\
17. Upon final Commission acceptance, the Commission shall publicize the
terms of this Consent Order Agreement and make it available for public
viewing at the Office of the Secretary, Consumer Product Safety
Commission, 5401 Westbard Avenue, Bethesda, Maryland 20207.\
\
18. No agreement, understanding, or representation not contained in this
Consent Order Agreement may be used to very or contradict its terms.\
\
19. In the event the Commission does not finally accept this Consent
Order Agreement in its current form, the provisions of this Consent
Order Agreement shall be null and void and Respondent, shall be entitled
to notice and opportunity for comment, incuding a public hearing, as
required by [[42 U.S.C.
300j-22.]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=4&_butStat=0&_butNum=20&_butInline=1&_butinfo=42 USC 300J-22&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=9531c2602fe38ea859bc07b863499347)\
\
The foregoing Agreement, incorporated by reference in the attached
Order, is hereby respectfully submitted to the Commission by the parties
named above, and each consents to the entry of said Order by the
Commission.\
\
\
*Order*\
\
Upon consideration of the foregoing Agreement between the parties, the
terms of which are hereby incorporated by reference into the Commission
Order, it is hereby Ordered that:\
\
1. This Order shall apply to all models of tank-type drinking water
coolers manufactured by Respondent before April 1, 1979.\
\
2. Respondent shall take the following corrective actions:\
\
\
*Notice*\
\
(a) Within 30 days of service upon Respondent of this final Order,
Respondent shall send by first class mail, the notice specified in
Appendix 1, to all responsible officials of parochial and private
schools, colleges and universities, and day care centers with 10 or more
children in the United States, identified in the most recent, complete
Quality Education Data mailing lists for those groups, notifying them of
the terms of Respondent\'s replacement and refund effort.\
\
(b) Within 30 days of service upon Respondent of this final Order,
Respondent, shall send by first class mail, the notice specified in
appendix 2, to all public school superintendents in the United States,
identified in the most recent, complete Quality Education Data mailing
list, notifying them of the terms of Respondent\'s replacement and
refund effort.\
\
(c) Within 30 days of service upon Respondent of this final Order,
Respondent shall send by first class mail, the notice specified in
Appendix 3, to all LCCA state coordinators notifying them of the terms
of Respondent\'s replacement and the refund effort.\
\
(d) Within 30 days of service upon Respondent of this final Order,
Responsent shall send by first class mail, the notice specified in
Appendix 4 to headquarters offices for 219 religious denominations,
identified in The Yearbook of American and Canadian Churches and the
notice specified in Appendix 5 to approximately 1000 YMCA and YWCA
regional corporate headquarters, and approximately 525 central and
administrative centers for boys and girls clubs across the country.\
\
(e) Within 15 days of service upon Respondent of this final Order,
Respondent shall submit full page paid advertisements for placement in
the next available issues, in the following publications targeted at
facility and property management professionals: *Building Operating
Management, Industrial Maintenance and Plant Operations, Public Works,*
and *Skylines.* Advertisements shall be placed in two consecutive issues
of each publication, and shall be in the form set forth at Appendix 6.\
\
(f) Within 24 hours of entry of this final Order, Respondent shall
establish and maintain an 800 telephone number manned by trained
operators who are able to clarify the scope of the replacement and
refund program and provide further information to cooler owners.\
\
\
*Replacement or Refund*\
\
(g) Respondent shall, at the election of the owner of a drinking water
cooler subject to this Order, provide a comparable replacement cooler as
specified in section (j) and Appendix 7 to this Order, or a refund of
the purchase price if that person submits the following documentation:\
\
(1) The cooler\'s identification tag (from the exterior of the cooler or
the interior of the cooler), or a photograph of the tag. If all
identification tags are missing, the cooler owner must submit a
photograph of the cooler and substitute documentation (such as a receipt
or repair order) that shows that the cooler is a tank-type water cooler
manufactured before April 1, 1979;\
\
(2) A completed Water Cooler Identification Chart in the form attached
at Appendix 8;\
\
(3) A completed Affidavit in the form attached at Appendix 9 or 10, as
appropriate;\
\
(4) Water test results showing net **lead** levels contributed by the
**water cooler** in excess of 20 ppb from a state-certified laboratory
using EPA approved methods conducted in conformity with the procedures
set forth in Appendix 11, except that if the **water coolers** were
tested prior to the public announcement of this corrective action
program, the owner may submit water test results from a qualified
laboratory that used reliable testing procedures with sampling conducted
in a manner consistent with the procedures set forth in Appendix 11.\
\
Under usual circumstances, the foregoing documentation shall be
required. However, Respondent shall accept reasonable substitutes when
circumstances warrant.\
\
These procedures do not govern \"special refunds,\" as that term is
defined in sections (m) through (o), below. Such special refunds are
governed by the rules set forth in those sections.\
\
(h) Upon receipt of a request for a replacement cooler or refund,
Respondent will review the documentation provided by the cooler owner to
confirm the cooler\'s eligibility for a replacement or refund.
Respondent may decline to process a request for replacement or refund
where:\
\
(1) Some of the documentation required by subparagraph (g), above, is
not submitted, is incomplete or is otherwise inadequate;\
\
(2) The cooler in question was not manufactured by Respondent prior to
April 1, 1979; or\
\
(3) The water test results do not demonstrate net lead levels above 20
ppb or were not developed using the required sampling and testing
protocol.\
\
\
Where the documentation submitted by the cooler owner does not meet
these requirements, Respondent shall send the owner a letter identifying
the deficiencies and asking the owner to correct them.\
\
(i) If the cooler owner\'s documentation is complete and adequate,
Respondent shall send the owner a confirmatory letter indicating that a
replacement cooler or refund will be forthcoming as soon as possible.
The letter will remind the owner of his or her obligation to remove from
service and scrap the old cooler and will provide a sticker to be placed
on the old water cooler. The sticker shall contain the following
message: \"This cooler contributes more than 20 parts per billion lead
to the water. Do not use or resell.\"\
\
(j) If the cooler owner chooses to receive a replacement cooler,
Respondent shall, within a reasonable time after receipt of the required
documentation, ship, at its cost, a brand new water cooler model
comparable to the cooler it is replacing, to the owner in accordance
with the list set forth in Appendix 7.\
\
(k) If the cooler owner chooses to receive a refund, the amount of the
refund provided shall be the amount on the schedule attached as Appendix
12, to this Order or, if the owner can provide reasonable documentation
of the purchase price of the cooler (such as the invoice or sales
receipt), such purchase price shall be refunded.\
\
(l) Respondent previously offered a 60 percent discount on a new cooler
to replace coolers which had been shown to be contributing net lead
levels to drinking water above 30 ppb. Respondent shall contact any
owners who participated in that program if their former coolers would
have qualified for corrective action under the program set forth in this
Agreement and shall provide a refund of the amount the owner paid to
obtain a new cooler.\
\
\
*Special Refund*\
\
(m) Respondent shall provide a special refund to any **water cooler**
owner who is a college, university, school or day care facility and can
show that (1) between April 10, 1989 and January 18, 1990, it owned a
tank-type drinking **water cooler** manufactured by Respondent before
April 1, 1979, (2) such cooler was listed in the April 10, 1989 EPA
proposed list [[(54 FR
14,320)]{.underline}](http://www.lexis.com/research/buttonTFLink?_m=4943019bbc14d7132bbc442003c9fa7a&_xfercite=<cite cc%3D"USA"><!%5BCDATA%5B55 FR 22387%5D%5D><%2Fcite>&_butType=3&_butStat=2&_butNum=21&_butInline=1&_butinfo=<cite cc%3D"USA"><!%5BCDATA%5B54 FR 14320%5D%5D><%2Fcite>&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLbVzz-zSkAz&_md5=0d719b5163ac83c761eda63382c72e58)
as having a **lead**-lined tank, (3) such cooler was not water tested,
(4) such cooler was removed as the result of having been included in the
proposed EPA list, (5) such cooler was disposed of, or damaged upon
removal, prior to January 18, 1990 and, therefore, (6) cannot be hooked
up to a water source for water testing.\
\
(n) The amount of such special refund shall be determined based on the
date of manufacture of the water cooler. For all drinking water coolers
manufactured on or before December 31, 1966, Respondent shall provide a
special refund of 100% of the amount listed in Appendix 12. For all
coolers manufactured from January 1, 1967 through March 31, 1979,
Respondent shall provide a special refund of 20% of the amounts listed
in Appendix 12 for each such cooler.\
\
(o) In order to qualify for such special refund, the water cooler owner
must submit the following documentation:\
\
(1) A receipt, bill, invoice or other document(s) reflecting work
performed, which document was generated at the time such work was
performed in removing and, where appropriate, disposing of, such cooler,
which shows the date of removal and/or disposal of the cooler;\
\
(2) Documentation generated prior to the cooler\'s removal (such as
invoices, photographs, repair sheets, cooler inventory lists) showing
the model and serial number for each cooler for which a special refund
is claimed; and\
\
(3) A completed affidavit in the form attached at Appendix 13.\
\
Under usual circumstances, the foregoing documentation shall be
required. However, Respondent shall accept reasonable substitutes when
circumstances warrant.\
\
\
*Recordkeeping and Reporting*\
\
(p) Respondent shall use its best efforts to inquire of all persons
contacting it on its 800 telephone line about the reason for the call,
and if the call is about Respondent\'s replacement and refund program
shall inquire as to how the caller learned about the program. Respondent
shall maintain records of all such responses as well as records
regarding any necessary follow-up actions (such as information mailed to
the caller) required as a result of the call.\
\
(q) For a period of five years after the date of service upon Respondent
of this final Order, Respondent shall maintain records of all mailings,
all advertisements placed, and all inquiries received, about the
replacement and refund program that required follow-up action.
Respondent shall also maintain copies of any documentation received from
cooler owners seeking a replacement or refund, records of replacement
coolers shipped, and refunds given, and records of any documents
regarding why such replacements and refunds were not given. These
documents shall be made available for inspection by the Commission staff
upon its request during normal business hours.\
\
(r) Respondent shall provide on a monthly basis (for a period of one
year), and on a quarterly basis (for two years thereafter), reports to
the Commission staff on its notice, replacement and refund efforts.
These reports shall start one month after the date of service upon
Respondent of the final Order. Such reports shall summarize the status
of the mailings described in paragraphs (a) to (c) above, the placement
and publication of the advertisements described in paragraph (d) above,
and the manner in which consumers contacting the 800 phone line learned
about the replacement and refund program. Furthermore, each report shall
at minimum state for the preceding period, the number of coolers
indentified that are subject to replacement or refund, the number of
replacement water coolers actually shipped, and the number of refunds
mailed. Each report shall also include cumulative totals for each of
these categories, and be in the form set forth at Appendix 14.
Respondent\'s obligation to maintain the 800 phone line shall expire at
the end of the three-year period.\
\
(s) For a period of three years after the date of service upon
Respondent of this final Order, Respondent shall notify the Commission
at least 30 days prior to any change in its business (such as
incorporation, dissolution, assignment, sale, merger, or filing for
bankruptcy) that results in the emergence of a successor corporation,
the creation or dissolution of subsidiaries, the dissolution of the
corporation, or any other change which might affect compliance
obligations arising out of this Order. If it is not possible to provide
such 30 days notice, Respondent shall provide such notice as soon as it
is possible to do so.\
\
Consented to on behalf of the Respondent by:\
\
Dated: April 2, 1990.\
\
\
Richard C. Osborne,\
\
President and CEO, Scotsman Group, Inc.\
\
Consented to on behalf of the Commission Staff by:\
\
\
David Schmeltzer,\
\
Associate Executive Director, Directorate for Compliance and
Administrative Litigation.\
\
\
Alan H. Schoem,\
\
Director, Division of Administrative Litigation.\
\
Date: April 4, 1990.\
\
\
Ronald G. Yelenik,\
\
Trial Attorney.\
\
\
Eric L. Stone,\
\
Trial Attorney.\
\
21The Consumer Product Safety Commission hereby provisionally accepts
the foregoing Consent Order Agreement. By order of the Commission this
13th day of April 1990.\
\
\
Sheldon D. Butts, Jr.,\
\
Acting Secretary, Consumer Product Safety Commission.\
\
The Consumer Product Safety Commission hereby finally accepts the
foregoing Consent Order Agreement. By order of the Commission this 25th
day of May 1990.\
\
\
Sheldon D. Butts, Jr.,\
\
Acting Secretary, Consumer Product Safety Commission.\
\[FR Doc. 90-12698 Filed 5-31-90; 8:45 am\]\
\
BILLING CODE 6355-01-M