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ABS Black Plastic Pipe in Buildings
Properties, uses, standards, defects, failure claims, class action
- POST a QUESTION or COMMENT about ABS plastic or "black plastic" drain piping used in buildings: installation, inspection, cracks, leaks, failures
ABS or black plastic plumbing pipes:
This article describes the properties of ABS plastic piping and tubing used in buildings. We include information about failures and problems with some generations of plastic pipes (ABS, polybutylene) and we describe good building practice installation details where plastic piping is being installed. We discuss distinguishing between leaky ABS drain piping and other under-building water or leak sources.
The articles at this website will answer most questions about plastic building water supply and building drain piping products, failures, and claims as well as many other building plumbing system inspection or defect topics.
InspectAPedia tolerates no conflicts of interest. We have no relationship with advertisers, products, or services discussed at this website.
- Daniel Friedman, Publisher/Editor/Author - See WHO ARE WE?
ABS Plastic Pipe Failures, Leaks, Claims, Settlements
As our black ABS (Acrylonitrile Butadiene Styrene) drain piping photo shows (above), some drain line leaks having nothing to do with product defects can occur in this system if the piping is not properly installed.
Field investigations of leak stains (as in our photo) as well as investigations of sewer gas odors have traced these problems to failure to properly clean, prime, and glue the pipe joints during construction.
However, "All Black -hit," defective black ABS plastic waste pipe manufactured in the mid 1980's failed by cracking, as Cranor's photo below illustrates.
"All Black -hit," defective black ABS plastic waste pipe manufactured in the mid 1980's failed by cracking. The result was litigation and some damage settlements, but currently it is unlikely that a homeowner will find legal relief for newly-discovered ABS drain waste vent piping cracks and failures.
History of ABS Pipe Failures: ABS Plastic Drain/Waste/Vent (DWV) pipe failure Brands
Our photo (left) illustrates a homeowner-installed water softener drain cut into an ABS drain line - an unsanitary cross connecction explained
at CROSS CONNECTIONS, PLUMBING.
ABS drain pipe material failures were reported for pipe made between 1985 and 1988. [1][2][5][6][7] below
- Apache ABS pipe failures: Apache Plastics defective piping was produced due to use of defective raw materials to make ABS DWV between January and May 1985. Not all Apache ABS DWV suffers the cracking failure problem, and less Apache ABS pipe defects are found than among the other manufacturers listed below.
- Centaur ABS pipe: Centaur black ABS pipe was labeled with the company's name and was made between February and August 1985. Decoding for the date in data stamped on Centaur pipe: look at the production code found just past the UPC on the pipe, beginning with an "S"(1985) followed by 5 characters YMDDDP as follows:
- Character 1: Year of manufacture: E=1971, F=1972, G=1973, etc. - an "S" = 1985 and a "T" =- 1986 - key problem years for ABS DWV piping defects.
- Character 2: and Month of manufacture: D=Jan, E=Feb, etc. through O=Dec.
- Characters 3, 4: Day of manufacture (2 characters) encoded as digits 1-0 corresponding to D-M respectively
- Character 5: Production shift or Resin Lot code.
- Character 6: used only for third party sales: Centaur also produced ABS piping for sale under other trade names. In that case Centaur advised that the company printed a "C" suffixed to the end of the product date code.
- Gable ABS pipe failures: Gable plastics defective ABS piping was made during 1985 and 1986 and is very prone to cracking failures and leaks, again due to use of defective plastic raw materials.
- Gable ABS pipe date of manufacture is stamped un-encoded onto the pipe
- Phoenix ABS pipe, successor to Centaur Corp. issued defective, crack-prone ABS piping from January 1986 - October 1986. Phoenix used the same production codes (but the year will indicate it's Phoenix not Centaur).
- Polaris ABS pipe, manufactured defective ABS piping between February 1985 and July 1985. Not all Polaris ABS piping made during this interval suffers the cracking failure, depending on variation in batches of purchased raw material.
- Polaris ABS Pipe Date Encoding: nnnYY where
- nnn = the numeric day of the year (001-365) and YY = the year in digits, such as 10085.
- Spartan ABS pipe
More information: U.S. CPSC Hot Line: 800-638-8270
ABS Plastic Pipe Leak Failures Still Being Discovered
ABS plastic drain and vent line failures are still being discovered, as John Cranor's photo from 2011 illustrates.
Home inspector John Cranor provided theis photo of a cracked ABS drain line, commenting:
This photo of cracked ABS is damage that I feel has to be related to the defective ABS that was reported years ago.
I am in VA and have inspected close to 6000 homes and this was the first I have seen this issue here. I saw at least six spots on the drain pipe in the crawl space that had similar cracking and white crusty residue like shown in photo.
I know there was once a lot of information out there about this issue but now I cannot find hardly anything. The website abspipes.com is now owned by some plumbing contractor and it has no useful information about ABS or its issue.
The seller of the property where I took this photo has some plumber saying there is nothing wrong and that he has never heard of a problem as I described. He claims the white residue is mud and that he could see no crack.
Below: another cracked ABS pipe photo from Mr. Cranor, from an inspection performed in August 2020. He notes:
This ABS piping failure is on a home built in 1995. It's interesting how the cracks usually follow the glue line.
I see these cracks often here in VA, usually it's the 80's era homes but this one in 1995, although supposedly the defective pipe involved in that class action never made it to the east!
Watch out: plastic pipe glue manufacturers such as Oatey warn that using excessive amounts of solvents or glues can weaken the pipe. As we note the crack following the glue line we postulate that the glue may be a factor in this ABS failure. Here is an excerpt from the application instructions for Oateys solvent cement used in plastic piping systems:
5. Apply a liberal coat of cement to the pipe to the depth of the socket, leave no uncoated surface.
6. Apply a thin coat of cement to inside of fitting, avoid puddling of cement. Puddling can cause weakening and premature failure of pipe or fitting. Appluy a second coat of cement to the pipe.
Original source: Oatey product labels, also https://www.oatey.com/faqs-blog-videos-case-studies/blog/how-complete-perfect-solvent-cement-joint-every-time
How to Detect or Find ABS plastic pipe cracking failures
Although the cracked ABS drain line is quite visible in Mr. Cranor's photo (above), or in some areas where piping is exposed (photo at left) there may not be ready access for visual inspection of all surfaces of all of the plastic ABS drain lines in a building.
Here are some tips that can reduce (not eliminate) the chances of missing faulty black ABS plastic drains:
- For houses built between 1985 and 1988, perhaps extending into 1993 or even later (to allow for use of in-stock older ABS piping), inspectors, building owners, and building buyers should be particularly alert for leaks in ABS black plastic drain, waste or vent piping.
As we noted above, for buildings constructed outside of this time window drain lines may have other leaks and defects, regardless of faulty materials themselves. - Look for visible damage, leaks, leak stains, or loose pipes or fittings that may be moving due to breaks or cracks in the DWV piping. Remember to include inspection of the vent piping system, from on-roof, in the attic, and in other accessible areas.
Keep in mind that if you find even one leak there is a high risk that there may be additional hidden leaks as well as future failures and leaks. - Look for product dates & manufacturer's codes indicating the problem brands of ABS piping, listed above. Experts report defective ABS piping products based on manufacturer's product codes and dates even if no leaks are observed at the time of inspection.
- Look on the under-side of lateral drain line runs through the building for evidence of leak stains on the ABS piping itself - the actual crack may be difficult to spot but leak stains may be more obvious (see the photo above)
- Look for water leak stains on building walls, ceilings, floors below ABS drain pipes on nearby building surfaces
- Look for ABS drain line cracks at the glue-line joint in and look for mixed plastic types (white PVC, black ABS) on older buildings.
Cracking ABS failures often occurred close to glued unions. Modern plastic pipe glues can handle and even joint both types of plastics, but at an older installation such as at the home above, where we see mixed plastics we pose the possibility that none of the mixed-type plastic pipe joints may be properly glued.
This is not a problem peculiar to defective ABS but the two conditions may be found together. - Look for evidence of repeated prior repairs that may indicate recurrent cracking and leak failures in the piping system
- Pressure test drain, waste, vent piping systems: for a system that is in doubt or where a hidden leak is suspected (perhaps where there are undiagnosed sewer gas odors), consider pressure testing the DWV piping. Pressure testing can also detect improper pipe joints such as failure to glue the joints properly.
ABS Class Action & Litigation
The prior class action litigation involved five of the six ABS pipe manufacturer's brands listed above: Centaur, Phoenix, Polaris, Gable, and Apache. (Spartan was excluded). We have not found evidence of an class action (June 2012). The attorney involved in prior actions, David Birke-White, indicated (paraphrasing) that defective ABS piping failures are a progressive problem and that piping that had not already failed will do so in the future.[1]
ABS DWV pipe failure references
- [1] Mark Cramer, Tampa Florida, provided background information about ABS black plastic drain piping failures, including lists of problem pipe manufacturers, date encoding, and attorney's statements. 2/28/1997. Mr. Cramer is a Florida home inspector and home inspection educator. He is a frequent contributor to InspectApedia.com. Mr. Cramer provided information based on "Inspector's Field Notes"™, William P Ball, Ed., 1996.
- [2] John Cranor [Website: /www.house-whisperer.com ] provided a photograph of failed ABS drain piping used above. Mr. Craynor, an ASHI member and a home inspector (The House Whisperer) is located in Glen Allen, VA 23060. He is also a contributor to InspectApedia.com
- [3] P. Davis, B.E. Tiganis, L.S. Burn, "The effect of photo-oxidative degradation on fracture in ABSpipe resins", Polymer Degradation and Stability,
Volume 84, Issue 2, May 2004, Pages 233–242
Abstract: This work investigates ultraviolet (UV) degradation and its influence on fracture failure in acrylonitrile–butadiene–styrene (ABS) resins. Preliminary chemiluminescence assessment of coupon specimens indicates that degradation is restricted to the specimen surface, with a relatively rapid depletion of residual stabiliser compared to the bulk of the specimen. Fourier transform infra-red spectral analysis indicates that this surface-specific degradation forms photoproducts with the distortion of absorbance bands (corresponding to the trans CC unsaturation (vinyl) in polybutadiene (PB), and the 1,2-butadiene terminal vinyl C–H band), indicating bond unsaturation.
These changes in chemical structure are attributed to cross-linking and chain scission in the PB phase. It is proposed that surface degradation after UV exposure promotes brittle behaviour and may therefore influence the failure mechanism of ABS pressure pipes under static loading.
The effect of UV exposure in coupon specimens is compared to that of surface notching, and plane-strain fracture toughness tests are used to obtain an empirical relationship between exposure time and “equivalent” notch depth. By assuming that this relationship is independent of specimen geometry (i.e. degradation is restricted to the surface), a methodology for estimating the lifetime of UV-exposed ABSpipes is proposed.
An analysis of DN100 Class 15 ABSpipes predicts that a transition to brittle fracture failure occurs after 137 years. However, it is recommended that the influence of pipe wall thickness on degradation kinetics be quantified. - [2] J. P. Lu, P. Davis, L. S. Burn, "Lifetime prediction for ABS pipes subjected to combined pressure and deflection loading", Polymer Engineering & Science
Volume 43, Issue 2, pages 444–462, February 2003,
Abstract As part of an investigation into the performance of acrylonitrile-butadiene-styrene (ABS) systems for water transportation, this paper presents a method for predicting the service lifetimes of buried pipes under in-service loading conditions. A linear fracture mechanics approach was used to analyze brittle failure initiating from adventitious flaws located at the bore surface of pipe. Failure criteria were determined using the time-dependent, quasistatic, plane strain fracture toughness of the ABS material, combined with empirical parameters that describe slow, steady crack growth.
The expected operating conditions of a buried pipe were then separated into static loading contributions from internal pressure, diametrical deflection and residual stress. Idealized stress intensity factors associated with mode-I crack opening under each of these components were determined using a finite element analysis and superposed to describe the general case in service.
The computed net stress intensity factor was then combined with the previously determined fracture toughness and slow crack growth data in an algorithm to simulate incremental radial crack growth from the pipe bore.
Predicted failure times compared well with an experimental model of expected operating conditions, which combined hydrostatic pressure and parallel-plate deflection loading of an internally notched pipe. The prediction method was also used to identify the factors that control the lifetime of a pipe in service. The influence of material visco-elasticity was investigated by simulating variations in fracture toughness and slow crack growth resistance. It was proposed that, in practice, these variations are governed by opposing changes in visco-elasticity.
The effect of changing diametrical deflection and residual stress distribution were also simulated, allowing recommendations on pipe manufacture and installation conditions to be made. - [4] Lieff, Cabraser, Heimann & Bernstein, Attorneys at Law, "Lieff Cabraser represented plaintiffs who alleged that certain ABS pipe contained plastic resin that caused it to crack and leak."
http://www.lieffcabraser.com/ - [5] Bill Ball, "ABS Failure Video", Bill Ball Enterprises, 3104 O St., Sacramento CA 96186, Tel: 800-309-HOME.
- [6] Note: the previous "Official website for the class action suit against ABS manufacturers" , with the official claim form and descriptive information: http://www.abspipes.com/ is no longer functional.
- [7] Redwood Kardon, "ABS DWV Pipe: reported defects", 1996, CodeCheck.com
Some "ABS Pipe Failure Leaks" may be from Other Causes
Question: How do I know if a wet area is from a plumbing leak or ground moisture
I purchased a condo last year, was aware that it had had this type of 2" sewer line replaced, when it failed big time, in April 2015. At the time we were advised that all the bad ABS had been replaced.
We now find that the 2 bathrooms still have this line running through the cement pad. We have been unable to view lines with scope due to (angles) curves in line.
The picture is of previous line repair (some of it) and dark area although showing moisture, also reflects overlap of cement fill. There has not been any overt wet areas, just damp, and demonstrated on water/moisture meter.
In addition the condos were built on a low lying foundation prone to moisture.
... when moisture (mold) showed up in my carpet, under a plastic chair pad, we found areas of moisture in all areas of room, as well as coming up around previously replaced lines, I began to wonder if plumbing an issue or ground moisture.
Plumbing seems to work without problem, even under load of bath tub empty or washer run. I am catching a whiff of rotten eggs from time to time, esp. in morning before I get up.
Short of jack hammering up both bathrooms (tub, shower, and sinks, as I understand the toilets would not have the at risk sewer line). Is there any option for determining if lines have failed?
I happened to track down the plumber who did the repair in past (prior to my ownership) and he confirms this information. He did not add any viscus plastic barrier before he put in new lines. Stated it was not standard of work. Many of the condos in my complex have similar issues-it is a big deal, all were built mid 1980's.
Appreciate any guidance into proceeding with these issues. - Anonymous by private email 2016/12/25
Reply:
Anon,
This apparent ABS sewer line leak sounds like a real headache. I would have speculated that the moist areas you report are more likely to be roof spillage or surface water collecting near and under the building, finding its way into the piping trenches and up under the basement slab, if not that you report a rotten-egg smell. Typically that odor is sewer gas.
If the sewer gas has been present (at least in wet weather) the odor still could be due to a combination of water under the slab and previous sewage effluent that leaked into the same space.
But if there was no odor after the repair in 2015, that is if the sewer gas like smell is new, I'm worried that there's a leak that was missed or a repair that failed.
I wouldn't give up on getting a scope through the drain line. Proper plumbing drain installation avoids sharp 90 degree turns because of the drain clogging problem that they cause, so it should be possible for an experienced technician to get a sewer line inspection camera through the lines.
See SEWER / SEPTIC PIPE CAMERAS
If you find that additional drain line repair is needed, it might be possible to re-line the piping in-place.
...
Reader Comments, Questions & Answers About The Article Above
Below you will find questions and answers previously posted on this page at its page bottom reader comment box.
Reader Q&A - also see RECOMMENDED ARTICLES & FAQs
On 2020-09-10 by (mod) - Anyone still having issues with defective ABS piping?
Yes, Cece, some defective ABS piping remains installed and produces an occasional failure; there's no assurance nor reason to think that all defective piping product has been found and replaced.
Inspect your piping, and if you're having multiple breaks, just as you described, then it'd be reasonable to replace all of it rather than to risk a costly leak and building damage or mold contamination issue.
On 2020-09-04 by cece
Anyone still having issues with defective ABS piping? What can I do about it?? I have had 4 pipe breaks right at the joints circumferentially. House built in the '80s. It's Polaris piping.
On 2020-08-14 9 by Anonymous
Russ
I agree that sounds very odd and possibly improper or unsafe. You need to follow the ABS pipe backwards to see where it originates.
On 2020-08-13 by Russ Manning
i'm a roofing contractor and on the job i'm doing the 6" "B" vent pipe has a 2" ABS pipe running through the center of it. why?
On 2020-07-10 - by (mod) -
No. For several reasons. Inadequate pressure, chemical risks, volume inadequate.
On 2020-07-09 by Jonathan
Hi, I was wondering if it's safe or non-toxic to use ABS pipes and glue to transport compressed air for breathing.
On 2019-11-15 - by (mod) -
Boo
How aggravating. And a surprise too. I can see encountering 1 1/4" diameter sink tailpiece and trap OR a standard 1 1/2" diameter sink tailpiece and trap - so is it possible that your measurement is a little off?
See if the old thread will catch a new 1 1/2" size trap part and see if what you have in hand is the smaller 1 1/4" size.
Let me know - attach a photo if you can.
On 2019-11-15 by Boodle
I have an older mobile home purchased with other property. The kitchen sink drain J-trap is thread on. The two plastic nuts froze and cracked.
The current replacement parts have a different size nut/thread on the going out side. The old thread is 1/16" larger. Why? It is black pipe, ABS. Is there a supply of the old nut out there?
On 2018-08-20 - by (mod) -
Perhaps try again to post your photo using the Add Image button.
IF the failure was in replacement ABS piping, he problem may not be defective material but instead inadequate support.
On 2018-08-16 by Joe
I live in southern Indiana and built my house in 1986. I have replaced all of the abs piping in the crawl space as it had cracked at the joint in several places. Now it has cracked again in the pipe left above the floor line (8/2018).
I have attached a photo of the most recent. I do have some mold damage and had to remove the wall to repair. I have two more locations in my baths that still have the old abs pipe in the wall. I was wondering if all abs manufactured at the time used the same formula and if any other places in Indiana may have experienced this problem that is known about.
thank you.
joe
On 2018-01-18 - by (mod) -
Sam:
You might have success borrowing a simple moisture meter - trace moisture up the wall and you can find the height at which it starts. I use a radio-signal type moisture meter that can penetrate masonry better than a pin type meter.
On 2018-01-18 by Sam Webb
I have a leak in a drain pipe inside a party wall that is showing up in basement above foundation. It appears the drain from Laundry on 2nd floor has drain pipe inside cinder block party wall. Is a remote camera the best way to find it? Other ideas will be appreciatied.
Question: defective ABS piping in 1986 home
(Apr 30, 2014) deborah doben said:
We have been advised by our contractor/plumber that our home built in 1986 has defective ABS piping and that is the cause of a severe leak which has caused damage to our kitchen floor, cabinet, drywall and concrete. What recourse do I have, if any. to help me with costs of these repairs and what else do I need to know to file a claim.
Reply:
Deborah, in the ABS PLASTIC PIPE FAILURES article above we describe several class action activities regarding failed ABS piping along with contact information or case status. Some of these settlements are closed out. What recourse you have depends on the brand of pipe installed, its age, its extent of & cause of failure, and the extent of building damage as well as the status of claims and settlement action.
Comments: about plumbers' experience with ABS pipe failures
(Apr 8, 2013) Plastic Pipe Fittings said:
Thanks for the sharing of such information. we will pass it on to our readers. This is a great reading. Thanking you.
* The above comment was posted by
The Plastic Pipe Shop, a U.K. firm who for our U.K. readers can be reached at Tel: 01786-472850 or by email to sales@plasticpipeshop [dot] co [dot] uk
(Sept 30, 2015) Anonymous said:
I remember cutting a bunch of this out in the 90's .Didn't last very long..
(Sept 30, 2015) Anonymous said:
Wow, the photo's here shows bad skills as a plumber.. Never mind the bad ABS.. Must of been some kind of rotor rooter plumber made repairs for thousands
(Sept 30, 2015) Anonymous said:
Please hire lic's plumbers ...The bathtub is a code violation ..
Question: likes ABS pipe information website pages
(May 13, 2014) Sara said:
Hi Deborah and editor
In googling the ABS defective pipes, I found this thread.
Deborah, I'm curious as to what kind of recourse you took as I just discovered (after fixing a leaky pipe) that my rental property (purchased in late 2012-built in 1984) has these faulty pipes.
Dan Joe, thank you for posting this information. It was very helpful.
Reply:
Thanks Sarah, we're glad to assist and welcome questions, critique, or content suggestions from our readers
Question: ABS ... still leaking after all these years
(Mar 31, 2016) TomNik said:
If anyone is still watching this ABS problem - I am wondering what folks are finding their insurance companies stance is on the failed ABS pipe and resulting damage as the settlement money of $70 million has expired. Now what do we do?? thanks
Reply:
ABS plastic drain and vent line failures are still being discovered, as John Cranor's photo (in the ABS PLASTIC PIPE FAILURES article) illustrates.
...
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Citations & References
In addition to any citations in the article above, a full list is available on request.
- [3] PB (polybutylene with mechanical fittings) Piping leaks: especially in mobile homes and in the U.S. South, for example trailers and double-wides throughout Florida that were piped with this material - per M Cramer. See "Polybutylene Piping: Time Bomb?" Daniel Friedman, Journal of Light Construction, August 1996 [Technical Q&A] .
- [4] ABS Plastic Pipe: "All Black -hit," defective black ABS plastic waste pipe manufactured in the mid 1980's failed by cracking. Additional information: www.abspipes.com
- [5] Polybutylene Plumbing (plastic pipes): gray plastic water supply piping cracked, leaked, and resulted in a class action and settlement.
- [6] ABS Plastic Drain/Waste/Vent (DWV) pipe failures: reported for Centaur, Phoenix, Polaris, Gable, and Spartan pipe mfgs. for pipe made between 1985 and 1988. CPSC Hot Line: 800-638-8270 or ABS Drain Leaks/Failures-Class Action Settlement COX settlement through Shell Oil set up by a contractor involved in the settlement Plumbing Failures: Spencer Class settlement. 10% of replacement cost/damages, only for acetal (plastic)fittings Polybutylene - http://ag.arizona.edu/AZWATER/awr/nov94/leaks.html - plumbing info at U. Arizona Polybutylene - piping lawsuit settlement website Polybutylene plumbing lawsuit proposed settlement-old site
- COX settlement through Shell Oil set up by a contractor involved in the settlement
- Eric Galow, Galow Homes, Lagrangeville, NY. Mr. Galow can be reached by email: ericgalow@gmail.com or by telephone: 914-474-6613. Mr. Galow specializes in residential construction including both new homes and repairs, renovations, and additions.
- [7] PB Technology Center (information about PB Pipes) Tel: 800-338-7732, also see the 1990 PB Pipe recommendations published by the Polybutylene Product Line Committee of the Plastic Pipe and Fittings Association.
- Polybutylene Plumbing Failures: Spencer Class settlement, Web: spencerclass.com, 10% of replacement cost/damages, only for acetal (plastic)fittings
- [9] Polybutylene piping lawsuit settlement website
- [10] Polybutylene plumbing lawsuit proposed settlement-old site
- [11] plumbing911.com/poly/ Polybutylene Plumbing Failures , Lots of Info about, but slow-loading busy site - appears dead 2024/01/24
- [12] Zurn Manufacturing, Web: zurn.com , Zurn Pex, Inc., Highway 11 East, Commerce, TX 75428, Tel: (903) 886-2580
provides information about installing and using PEX piping including Type b PEX through their website. Quoting from the company's website
Zurn was founded in 1900 in Erie, PA. It originally manufactured a patented backwater valve, and it now manufactures and distributes one of the largest plumbing products packages in the world! Zurn includes: the Specification Drainage Operation, AquaFlush flush valves, AquaSense sensor-operated plumbing products, AquaSpec commercial faucets, Wilkins, Zurn Light Commercial, Flo-Thru, the Chemical Drainage Systems, Zurn PEX Plumbing Systems and Zurn Radiant Heat. - [13] Zurn PEX PLUMBING DESIGN AND APPLICATION GUIDE [PDF] - web search 2023/04/06 & 12/23/2010, original source zurn.com/operations/pexrh/pdfs/installation/PEXDesApplGuide.pdf
- [14] Zurn Pex Plumbing
Products Liability Litigation, United States Court of Appeals
FOR THE EIGHTH CIRCUIT, No. 10-2267, Filed 6 July 2011, Quoting:
Minnesota homeowners brought this action1 against Zurn Pex, Inc. and Zurn Industries, Inc (Zurn) alleging that brass fittings used in the company's cross linked polyethylene (PEX) plumbing systems are inherently defective. In pretrial motions the homeowners sought class certification for their consumer protection, warranty, and negligence claims, and Zurn moved to strike the testimony of two of the homeowners’ experts. After denying Zurn's motion to strike the expert testimony, the district court2 granted the homeowner requests for class certification for their warranty and negligence claims, but denied it for their consumer protection claims. Zurn appeals from the district court's certification order. We affirm.
Web search 4/12/12, original source: www.ca8.uscourts.gov/opndir/11/07/102267P.pdf - [15] Uponor, Inc., F1807 Plumbing Court File No. - United States District Court, District of Minnesota, In Re: Uponor, Inc., F1807 Plumbing Court File No. 11-MD-2247 ADM/JJK
Fittings Products Liability Litigation, "
Order Granting Motion to Certify Class for Settlement Purposes and for Preliminary Approval of Class Action Settlement and Form and Dissemination of Notice to the Class" Quoting:
The Motion for Preliminary Approval of Class Action Settlement was heard on January 12, 2012. After review of pleadings and briefing, and having heard the arguments of counsel for good cause shown, it is hereby ORDERED that: (1) the Motion for Preliminary Approval of Nationwide Class Action Settlement Agreement; (2) preliminary and conditional certification of a settlement class; (3) approval of the form and content of Notice and Settlement; (4) an injunction and stay of all claims and actions against the RTI Defendants
Web search 4/12/12, original source: http://www.mnd.uscourts.gov/MDL-Uponor/ - [16] Bonnie Ransom Stern & Gustavo Lagos, "Are There Health Risks from the Migration of Chemical Substances from Plastic Pipes into Drinking Water? A Review", Human and Ecological Risk Assessment: An International Journal
Volume 14, Issue 4, 2008, Abstract:
Plastic pipes used to convey hot and cold drinking water are synthetic polymers containing numerous additives that enhance durability, impact strength, and toughness, and resist material degradation. Although some research studies have been conducted to evaluate the type and levels of chemical substances migrating from polymeric materials into drinking water, the potential adverse health effects associated with these compounds in potable water have not been described. This review evaluates the literature on the occurrence of regulated and unregulated substances in drinking water related to the use of plastic pipes, characterizes potential health hazards, and describes uncertainties associated with human health and exposure in need of further research. Of particular public health concern is the potential for sensitive populations to be exposed to short-term elevations in leachates during critical periods, and for co-occurring leachates targeting the same organ(s) and/or sharing a common mode of toxic action to have additive or synergistic effects. Contaminants are measured in the distribution system, not at the tap where human exposure actually occurs. For increased health protection, it is important to identify compounds that migrate from plastic pipes into drinking water and to better quantify human exposures and health hazards to these substances and their degradates. - [17] Andrew J. Whelton, Andrea M. Dietrich, Daniel L. Gallagher, "Chapter 6 Impact of Chlorinated Water Exposure on Chemical Diffusivity and Solubility,
Surface and Bulk Properties of HDPE and PEX Potable Water Pipe", in Advancing Potable Water Infrastructure through an Improved Understanding of Polymer
Pipe Oxidation, Polymer–Contaminant Interactions, and Consumer Perception of Taste, Andrew James Whelton
Dissertation submitted to the Faculty of the
Virginia Polytechnic Institute and State University
In partial fulfillment of the requirements for the degree of
DOCTOR OF PHILOSOPHY
In
Civil Engineering
Andrea M. Dietrich, Chair
Daniel L. Gallagher
Marc A. Edwards
Brian J. Love
James M. Tanko, April 2, 2009
Blacksburg, Virginia. Abstract: While more than 100 years of research has focused on removing acute and chronic health
threats from water, substantially less study has focused on potable water infrastructure and water
quality deterioration, monitoring technologies, and relationships between water taste and
consumer health. These knowledge–gaps have left infrastructure users, owners, regulators, and
public health professionals largely unaware of how premise and buried polymer water pipes
deteriorate and sorb/ desorb organic contaminants during normal operations and following water
contamination events. These knowledge–gaps also prevent infrastructure managers from
producing drinking water that optimizes mineral content for both water taste and health benefits,
and employing a monitoring tool capable of immediately detecting water contamination or
equipment failures.
Research was conducted to address these challenges using analytical chemistry,
environmental engineering, food science, polymer chemistry, public health, and material science
principles. This work was enhanced by collaborations with sixteen American water utilities and
the National Institute for Standards and Technology. These efforts were funded by the National
Science Foundation, American Water Works Association, and the Water Research Foundation.
Research results are unique and provide important scientific contributions to the public
health, potable water, and material science industries. Particular achievements include the: (1)
Evaluation of linkages between minerals, water palatability, and health useful for water
production and public health decisions; (2) Creation of a novel infrastructure and water quality
surveillance tool that has begun water utility implementation in the USA; (3) Development of an
accelerated chlorinated water aging method with stable water pH, free chlorine, and alkalinity
concentration that enables interpretation of polymer pipe surface and bulk characteristic changes;
(4) Discovery that polar compounds are 2–193% more soluble in PEX than HDPE water pipes;
(5) Finding that several polymer and contaminant properties can be used to predict contaminant diffusivity and solubility during sorption and desorption in new, lab aged, and water utility PE
pipes; and the (6) Discovery that chlorinated water exposure of HDPE and PEX pipes increases
polar contaminant diffusivity during sorption by 50–162% and decreases diffusivity during
desorption as much as 211%. Outcomes of this work have domestic and global significance, and
if engaged, can greatly improve public health protection, potable water infrastructure operations,
water quality, sustainability, and regulation. - [18] Chemax, "Cross-Linked Polyethylene Tubing and Water Contamination", retrieved 2/17/2013, original source: http://www.chemaxx.com/polytube1.htm [copy on file as [Water Contamination chemical investigation.pdf]
- [19] Ingun Skjevrak, Anne Due, Karl Olav Gjerstad, Hallgeir Herikstad "Volatile organic components migrating from plastic pipes (HDPE, PEX and PVC) into drinking water", Water Research Volume 37, Issue 8, April 2003, Pages 1912–1920
Abstract: High-density polyethylene pipes (HDPE), crossbonded polyethylene pipes (PEX) and polyvinyl chloride (PVC) pipes for drinking water were tested with respect to migration of volatile organic components (VOC) to water. The odour of water in contact with plastic pipes was assessed according to the quantitative threshold odour number (TON) concept. A major migrating component from HDPE pipes was 2,4-di-tert-butyl-phenol (2,4-DTBP) which is a known degradation product from antioxidants such as Irgafos 168®. In addition, a range of esters, aldehydes, ketones, aromatic hydrocarbons and terpenoids were identified as migration products from HDPE pipes. Water in contact with HDPE pipes was assessed with respect to TON, and values ⩾4 were determined for five out of seven brands of HDPE pipes. The total amount of VOC released to water during three successive test periods were fairly constant for the HDPE pipes. Corresponding migration tests carried out for PEX pipes showed that VOC migrated in significant amounts into the test water, and TON ⩾5 of the test water were observed in all tests. Several of the migrated VOC were not identified. Oxygenates predominated the identified VOC in the test water from PEX pipes. Migration tests of PVC pipes revealed few volatile migrants in the test samples and no significant odour of the test water. - [20] Andrew J. Whelton, Ph.D., M.ASCE; Andrea M. Dietrich, Ph.D., Aff.ASCE; and Daniel L. Gallagher, Ph.D., P.E., M.ASCE, ”Contaminant Diffusion, Solubility, and Material Property Differences between HDPE and PEX Potable Water Pipes.” J. Environ. Eng., 136(2), 227–237.
doi: 10.1061/(ASCE)EE.1943-7870.0000147
Abstract: the objectives of this work were to identify differences between the composition, bulk properties, contaminant diffusivity and solubility for new high-density polyethylene (HDPE) pipe and crosslinked polyethylene (PEX) pipe, as well as determine which contaminant and polymer properties are useful for predicting contaminant fate in water pipe. Variations in PE pipe density (0.9371–0.9547 g/cm3) , crystallinity (69–72%), crosslinking (60 and 76%), and oxidative induction time (33 to >295 min .) were detected. While numerically these differences seem minor, results show that slight material differences have a notable effect on contaminant diffusivity and solubility. Nonpolar contaminant diffusivity and solubility were best predicted by bulk density. Polar contaminants were more soluble and diffused faster through PEX than HDPE pipes because PEX pipes contained a greater amount of oxygen. For all materials, dipole moment and Log Kow were good predictors of contaminant fate and molecular volume was only useful for predicting diffusivity and solubility values for haloalkane and nonpolar aromatic contaminants. - [21] Jia Tang, Daniel L. Gallagher, and Andrea M. Dietrich. (2013) Predicting Permeation of Organic Contaminants into Polyethylenes. Journal of Environmental Engineering 139:2, 205-212
Online publication date: 1-Feb-2013.
Abstract:
A model was developed and validated for predicting solubility and diffusion coefficients for contaminants permeating polyethylene (PE) materials used for water pipes and geomembranes. Model development was based on diffusivity and solubility of 13 contaminants and six PE materials that were new and/or aged in chlorinated water. Physical and chemical properties of the contaminants and PEs were included as variables in the model. Tree regression was used to select variables, and multiple linear regression was used to develop predictive equations for contaminant diffusivity and solubility in PE. Organic contaminant properties, especially dipole moment and octanol-water partition coefficient, had greater predictive capability than PE properties. Coefficients of determination (R2)>0.8 were obtained for the multiple linear regressions. Model coefficients changed slightly between new PE materials and chlorine-aged PE, but these changes were not statistically significant. Good agreement was demonstrated between model predictions and measured data from an independent data set. These results provide guidance for material selection for both water pipes and geomembranes and assessing contamination potential. - [22] Andrew J. Whelton, Andrea M. Dietrich, and Daniel L. Gallagher. (2011) Impact of Chlorinated Water Exposure on Contaminant Transport and Surface and Bulk Properties of High-Density Polyethylene and Cross-Linked Polyethylene Potable Water Pipes. Journal of Environmental Engineering 137:7, 559-568
Online publication date: 1-Jul-2011. Abstract:
The aim of this work was to determine if the aging of polyethylene (HDPE, PEX-A and PEX-B) water pipes by exposure to chlorinated water altered polar and nonpolar contaminant diffusivity and solubility by analyzing new, laboratory-aged, and exhumed water-distribution system polyethylene (PE) pipes. After 141 days of aging in pH 6.5 water with 45 mg/L free chlorine, the surface chemistry and bulk properties of PEX-A pipe were unaffected. Carbonyl bonds (σ=1,713 cm−1) were detected on the surfaces of HDPE and PEX-B pipe, and these oxygenated surfaces became more hydrophilic, resulting in statistically significant increases in diffusion rates. All 10 contaminant and four pipe material combinations had diffusivity increases on average of 50% for polar contaminants and 5% for nonpolar contaminants. Contaminant solubility was slightly increased for aged PEX-A and slightly decreased for PEX-B pipes. Toluene and trichloromethane diffusivity and solubility values for 7- to 25-year-old buried water utility pipes were similar to values for new and laboratory-aged HDPE-based materials. Because chlorinated water exposure alters how polar contaminants interact with aged PE pipes, results of this work should be considered in future health risk assessments, water quality modeling, pipe performance, and service-life considerations. - [23] ANDREW J. WHELTON & TINH NGUYEN, "Contaminant Migration from Polymeric Pipes used in Buried Potable Water Distribution Systems: A Review", Critical Reviews in Environmental Science and Technology, February 2012 posted online,
Abstract: Polymeric pipes are increasingly being installed in water distribution systems because of their many advantages. Contaminant migration from polymer pipes into drinking water is a growing concern in the United States and environmental engineers are evaluating the role of these materials on water quality, system operation, and regulatory compliance. To aid these efforts and serve as a source of background information, this paper critically reviews available literature on polymeric potable water pipes in use, known contaminants released from in–service and new piping, their perceived sources, and outlines future challenges in the U.S. and abroad. - [24] Andrew James Whelton, "Advancing Potable Water Infrastructure through an Improved Understanding of Polymer Pipe Oxidation, Polymer–Contaminant Interactions, and Consumer Perception of Taste", Dissertation submitted to the Faculty of the Virginia Polytechnic Institute and State University In partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY In Civil Engineering, April 2, 2009 Blacksburg, Virginia, retrieved 2/17/2013, original source http://scholar.lib.vt.edu/theses/ available/etd-04162009-113815/unrestricted/ FINALWheltonDissertationMay09.pdf#page=158
- [25] Website: GreenBuildingAdvisor.com, "PEX vs Copper", retrieved 2/18/2013, original source: http://www.greenbuildingadvisor.com/ community/forum/green-products-and-materials/ 16256/pex-vs-copper [copy on file as PEX vs Copper _ GreenBuildingAdvisor.pdf]
- [26] Website: GreenBuildingAdvisor.com," How Safe is PEX tubing?", retrieved 2/18/2013, original source: http://www.greenbuildingadvisor.com/ blogs/dept/qa-spotlight /how-safe-pex-tubing [copy on file as How Safe is PEX tubing_GreenBuildingAdvisor.pdf]
- [27] Lauren Hunter, "California’s PEX Battle Continues", Remodeling Magazine, June 2010, Website: Builderonline.com, "x", retrieved 2/18/2013, original souirce: http://www.builderonline.com/legislation/californias-pex-battle-continues.aspx [copy on file as California’s PEX Battle Continues - Plumbing, Legal Issues, Legislation - Builder Magazine.pd]
- [28] Contractor Magazine, "California approves PEX for plumbing — again- Contractor Magazine.pdf", retrieved 2/18/2013, original source: http://contractormag.com/news/ california-pex-plumbing-1234 [copy on file as California approves PEX for plumbing — again- Contractor Magazine.pdf]
- In addition to citations & references found in this article, see the research citations given at the end of the related articles found at our suggested
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