Subsec. (b)(2)(B). Pub. L. 99-339, Sec. 105(a)(4), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “Notwithstanding clauses (i) and (ii) of subparagraph (A) of this paragraph, the final date for compliance prescribed in a schedule prescribed pursuant to this subsection for an exemption granted for a public water system which (as determined by the State granting the exemption) has entered into an enforceable agreement to become a part of a regional public water system shall (i) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by interim national primary drinking water regulations, be not later than January 1, 1986; and (ii) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water regulations, be not later than nine years after such requirement takes effect." Subsec. (b)(2)(C). Pub. L. 99-339, Sec. 105(a)(4), added subpar. (C). Subsec. (e). Pub. L. 99-339, Sec. 101(c)(4), substituted “300g-1(b)” for “300g-1(b)(3)”. 1980–Subsec. (a)(2). Pub. L. 96-502, Sec. 4(b), substituted "treatment technique requirement, or, for a system that was not in operation by that date, only if no reasonable alternative source of drinking water is available to such new system, and” for “treatment technique requirement, and". Subsec. (b)(2)(A)(i). Pub. L. 96-502, Sec. 1, substituted “January 1, 1984” for “January 1, 1981”. Subsec. (b)(2)(B)(i). Pub. L. 96-502, Sec. 1, substituted “January 1, 1986” for “January 1, 1983”. 1977-Subsec. (b)(1). Pub. L. 95-190 substituted "contaminant" for "containment" wherever appearing. Section Referred to in Other Sections This section is referred to in sections 300g, 300g-2, 300g-3, 300g-9, 300j-2, 300j-7, 300j-8 of this title. 42 USC 300g-6 (a) In general PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX (1) Prohibitions (A) In general No person may use any pipe, any pipe or plumbing fitting or fixture, any solder, or any flux, after June 19, 1986, in the installation or repair of (i) any public water system; or (ii) any plumbing in a residential or nonresidential facility providing water for hu man consumption, that is not lead free (within the meaning of subsection (d) of this section). (B) Leaded joints Subparagraph (A) shall not apply to leaded joints necessary for the repair of cast iron pipes. (2) Public notice requirements (A) In general Each owner or operator of a public water system shall identify and provide notice to persons that may be affected by lead contamination of their drinking water where such contamination results from either or both of the following: (i) The lead content in the construction materials of the public water distribution system. (ii) Corrosivity of the water supply sufficient to cause leaching of lead. The notice shall be provided in such manner and form as may be reasonably required by the Administrator. Notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard. (B) Contents of notice Notice under this paragraph shall provide a clear and readily understandable explanation of (i) the potential sources of lead in the drinking water, (ii) potential adverse health effects, (iii) reasonably available methods of mitigating known or potential lead content in drinking water, (iv) any steps the system is taking to mitigate lead content in drinking water, and (v) the necessity for seeking alternative water supplies, if any. (3) Unlawful acts Effective 2 years after August 6, 1996, it shall be unlawful (A) for any person to introduce into commerce any pipe, or any pipe or plumbing fitting or fixture, that is not lead free, except for a pipe that is used in manufacturing or industrial processing; (B) for any person engaged in the business of selling plumbing supplies, except manufacturers, to sell solder or flux that is not lead free; or (C) for any person to introduce into commerce any solder or flux that is not lead free unless the solder or flux bears a prominent label stating that it is illegal to use the solder or flux in the installation or repair of any plumbing providing water for human consumption. (b) State enforcement (1) Enforcement of prohibition The requirements of subsection (a)(1) of this section shall be enforced in all States effective 24 months after June 19, 1986. States shall enforce such requirements through State or local plumbing codes, or such other means of enforcement as the State may determine to be appropriate. (2) Enforcement of public notice requirements The requirements of subsection (a)(2) of this section shall apply in all States effective 24 months after June 19, 1986. (c) Penalties If the Administrator determines that a State is not enforcing the requirements of subsection (a) of this section as required pursuant to subsection (b) of this section, the Administrator may withhold up to 5 percent of Federal funds available to that State for State program grants under section 300j-2(a) of this title. (d) "Lead free" defined For purposes of this section, the term "lead free” (1) when used with respect to solders and flux refers to solders and flux containing not more than 0.2 percent lead; (2) when used with respect to pipes and pipe fittings refers to pipes and pipe fittings containing not more than 8.0 percent lead; and (3) when used with respect to plumbing fittings and fixtures, refers to plumbing fittings and fixtures in compliance with standards established in accordance with subsection (e) of this section. (e) Plumbing fittings and fixtures (1) In general The Administrator shall provide accurate and timely technical information and assistance to qualified third-party certifiers in the development of voluntary standards and testing protocols for the leaching of lead from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion. (2) Standards (A) In general If a voluntary standard for the leaching of lead is not established by the date that is 1 the standard. (B) Alternative requirement If regulations are required to be promulgated under subparagraph (A) and have not been promulgated by the date that is 5 years after August 6, 1996, no person may import, manufacture, process, or distribute in commerce a new plumbing fitting or fixture, intended by the manufacturer to dispense water for human ingestion, that contains more than 4 percent lead by dry weight. (July 1, 1944, ch. 373, title XIV, Sec. 1417, as added Pub. L. 99-339, title I, Sec. 109(a), June 19, 1986, 100 Stat. 651; amended Pub. L. 104-182, title I, Sec. 118, title V, Sec. 501(f)(1), Aug. 6, 1996, 110 Stat. 1645, 1691.) Amendments 1996-Pub. L. 104-182, Sec. 501(f)(1), made technical amendment to section catchline and subsec. (a) designation. Subsec. (a)(1). Pub. L. 104-182, Sec. 118(1), substituted "Prohibitions" for "Prohibition" in heading and amended text generally. Prior to amendment, text read as follows: "Any pipe, solder, or flux, which is used after June 19, 1986, in the installation or repair of (A) any public water system, or (B) any plumbing in a residential or nonresidential facility providing water for human consumption which is connected to a public water system, shall be lead free (within the meaning of subsection (d) of this section). This paragraph shall not apply to leaded joints necessary for the repair of cast iron pipes." Subsec. (a)(2)(A). Pub. L. 104-182, Sec. 118(2), inserted "owner or operator of a" after "Each" in introductory provisions. Subsec. (a)(3). Pub. L. 104-182, Sec. 118(3), added par. (3). Subsec. (d)(3). Pub. L. 104-182, Sec. 118(4), added par. (3). Notification to States Section 109(b) of Pub. L. 99-339 provided that: “The Administrator of the Environmental Protec- Section 109(c) of Pub. L. 99-339, as amended by Pub. L. 102-54, Sec. 13(q)(2), June 13, 1991, 105 "(1) Prohibition.-The Secretary of Housing and Urban Development and the Secretary of Veterans Affairs may not insure or guarantee a mortgage or furnish assistance with respect to newly constructed residential property which contains a potable water system unless such system uses only lead free pipe, solder, and flux. (2) Definition of lead free.-For purposes of paragraph (1) the term 'lead free’— (A) when used with respect to solders and flux refers to solders and flux containing not more than 0.2 percent lead, and (B) when used with respect to pipes and pipe fittings refers to pipes and pipe fittings containing not more than 8.0 percent lead. (3) Effective date.—Paragraph (1) shall become effective 24 months after the enactment of this Act [June 19, 1986].” Cross References Housing assistance by Secretary of Veterans Affairs, see section 3701 et seq. of Title 38, Veterans' Benefits. Housing assistance by Secretary of Housing and Urban Development, see section 1701 et seq. of Title 12, Banks and Banking. Section Referred to in Other Sections This section is referred to in section 300g-3 of this title. MONITORING OF CONTAMINANTS 42 USC 300g-7 (a) Interim monitoring relief authority (1) In general A State exercising primary enforcement responsibility for public water systems may modify (A) monitoring, conducted at the beginning of the period for the contaminant concerned (2) Termination; timing of monitoring The interim relief period referred to in paragraph (1) shall terminate when permanent monitoring relief is adopted and approved for such State, or at the end of 36 months after August 6, 1996, whichever comes first. In order to serve as a basis for interim relief, the monitoring conducted at the beginning of the period must occur at the time determined by the State to be the time of the public water system's greatest vulnerability to the contaminant concerned in the relevant ground or surface water, taking into account in the case of pesticides the time of application of the pesticide for the source water area and the travel time for the pesticide to reach such waters and taking into account, in the case of other contaminants, seasonality of precipitation and contaminant travel time. Each State exercising primary enforcement responsibility for public water systems under this subchapter and having an approved source water assessment program may adopt, in accordance with guidance published by the Administrator, tailored alternative monitoring requirements for public water systems in such State (as an alternative to the monitoring requirements for chemical contaminants set forth in the applicable national primary drinking water regulations) where the State concludes that (based on data available at the time of adoption concerning susceptibility, use, occurrence, or wellhead protection, or from the State's drinking water source water assessment program) such alternative monitoring would provide assurance that it complies with the Administrator's guidelines. The State program must be adequate to assure compliance with, and enforcement of, applicable national primary drinking water regulations. Alternative monitoring shall not apply to regulated microbiological contaminants (or indicators thereof), disinfectants and disinfection byproducts, or corrosion byproducts. The preceding sentence is not intended to limit other authority of the Administrator under other provisions of this subchapter to grant monitoring flexibility. (2) Guidelines (A) In general The Administrator shall issue, after notice and comment and at the same time as guidelines are issued for source water assessment under section 300j-13 of this title, guidelines for States to follow in proposing alternative monitoring requirements under paragraph (1) for chemical contaminants. The Administrator shall publish such guidelines in the Federal Register. The guidelines shall assure that the public health will be protected from drinking water contamination. The guidelines shall require that a State alternative monitoring program apply on a contaminant-by-contaminant basis and that, to be eligible for such alternative monitoring program, a public water system must show the State that the contaminant is not present in the drinking water supply or, if present, it is reliably and consistently below the maximum contaminant level. (B) Definition For purposes of subparagraph (A), the phrase "reliably and consistently below the maximum contaminant level" means that, although contaminants have been detected in a water supply, the State has sufficient knowledge of the contamination source and extent of contamination to predict that the maximum contaminant level will not be exceeded. In determining that a contaminant is reliably and consistently below the maximum contaminant level, States shall consider the quality and completeness of data, the length of time covered and the volatility or stability of monitoring results during that time, and the proximity of such results to the maximum contaminant level. Wide variations in the analytical results, or analytical results close to the maximum contaminant level, shall not be considered to be reliably and consistently below the maximum contaminant level. (3) Effect of detection of contaminants The guidelines issued by the Administrator under paragraph (2) shall require that if, after the monitoring program is in effect and operating, a contaminant covered by the alternative monitoring program is detected at levels at or above the maximum contaminant level or is no longer reliably or consistently below the maximum contaminant level, the public water system must either— (A) demonstrate that the contamination source has been removed or that other action has been taken to eliminate the contamination problem; or (B) test for the detected contaminant pursuant to the applicable national primary drinking water regulation. (4) States not exercising primary enforcement responsibility The Governor of any State not exercising primary enforcement responsibility under section 300g-2 of this title on August 6, 1996, may submit to the Administrator a request that the Administrator modify the monitoring requirements established by the Administrator and applicable to public water systems in that State. After consultation with the Governor, the Administrator shall modify the requirements for public water systems in that State if the request of the Governor is in accordance with each of the requirements of this subsection that apply to alternative monitoring requirements established by States that have primary enforcement responsibility. A decision by the Administrator to approve a request under this clause shall be for a period of 3 years and may subsequently be extended for periods of 5 years. (c) Treatment as NPDWR All monitoring relief granted by a State to a public water system for a regulated contaminant under subsection (a) or (b) of this section shall be treated as part of the national primary drinking water regulation for that contaminant. (d) Other monitoring relief Nothing in this section shall be construed to affect the authority of the States under applicable national primary drinking water regulations to alter monitoring requirements through waivers or other existing authorities. The Administrator shall periodically review and, as appropriate, revise such authorities. (July 1, 1944, ch. 373, title XIV, Sec. 1418, as added Pub. L. 104-182, title I, Sec. 125(b), Aug. 6, 1996, 110 Stat. 1654.) Section Referred to in Other Sections This section is referred to in sections 300h-7, 300j-13 of this title. OPERATOR CERTIFICATION 42 USC 300g-8 (a) Guidelines Not later than 30 months after August 6, 1996, and in cooperation with the States, the Administrator shall publish guidelines in the Federal Register, after notice and opportunity for comment from interested persons, including States and public water systems, specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity public water systems. Such guidelines shall take into account |