(b) Loans or grants Within 1 year after publication of the guidelines under subsection (a) of this section, a State exercising primary enforcement responsibility for public water systems may require a public water system, as a condition of receiving a loan or grant from a State loan fund under section 300j-12 of this title, to submit with its application for such loan or grant a water conservation plan consistent with such guidelines. (July 1, 1944, ch. 373, title XIV, Sec. 1455, as added Pub. L. 104-182, title I, Sec. 134, Aug. 6, 1996, 110 Stat. 1679.) ASSISTANCE TO COLONIAS 42 USC 300j-16 (a) Definitions As used in this section: (1) Border State The term "border State" means Arizona, California, New Mexico, and Texas. (2) Eligible community The term "eligible community” means a low-income community with economic hardship that (A) is commonly referred to as a colonia; (B) is located along the United States-Mexico border (generally in an unincorporated area); and (C) lacks a safe drinking water supply or adequate facilities for the provision of safe drinking water for human consumption. (b) Grants to alleviate health risks The Administrator of the Environmental Protection Agency and the heads of other appropriate Federal agencies are authorized to award grants to a border State to provide assistance to eligible communities to facilitate compliance with national primary drinking water regulations or otherwise significantly further the health protection objectives of this subchapter. (c) Use of funds Each grant awarded pursuant to subsection (b) of this section shall be used to provide assistance to one or more eligible communities with respect to which the residents are subject to a significant health risk (as determined by the Administrator or the head of the Federal agency making the grant) attributable to the lack of access to an adequate and affordable drinking water supply system. (d) Cost sharing The amount of a grant awarded pursuant to this section shall not exceed 50 percent of the costs of carrying out the project that is the subject of the grant. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 1997 through 1999. (July 1, 1944, ch. 373, title XIV, Sec. 1456, as added Pub. L. 104-182, title I, Sec. 135, Aug. 6, 1996, 110 Stat. 1679.) ESTROGENIC SUBSTANCES SCREENING PROGRAM 42 USC 300j-17 In addition to the substances referred to in section 346a(p)(3)(B) of title 21 the Administrator may provide for testing under the screening program authorized by section 346a(p) of title 21, in accordance with the provisions of section 346a(p) of title 21, of any other substance that may be found in sources of drinking water if the Administrator determines that a substantial population may be exposed to such substance. (July 1, 1944, ch. 373, title XIV, Sec. 1457, as added Pub. L. 104-182, title I, Sec. 136, Aug. 6, 1996, 110 Stat. 1680.) DRINKING WATER STUDIES 42 USC 300j-18 (a) Subpopulations at greater risk (1) In general The Administrator shall conduct a continuing program of studies to identify groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to contaminants in drinking water. The study shall examine whether and to what degree infants, children, pregnant women, the elderly, individuals with a history of serious illness, or other subpopulations that can be identified and characterized are likely to experience elevated health risks, including risks of cancer, from contaminants in drinking water. (2) Report Not later than 4 years after August 6, 1996, and periodically thereafter as new and significant information becomes available, the Administrator shall report to the Congress on the results of the studies. (b) Biological mechanisms The Administrator shall conduct biomedical studies to (1) understand the mechanisms by which chemical contaminants are absorbed, distributed, metabolized, and eliminated from the human body, so as to develop more accurate physiologically based models of the phenomena; (2) understand the effects of contaminants and the mechanisms by which the contaminants cause adverse effects (especially noncancer and infectious effects) and the variations in the effects among humans, especially subpopulations at greater risk of adverse effects, and between test animals and humans; and (3) develop new approaches to the study of complex mixtures, such as mixtures found in drinking water, especially to determine the prospects for synergistic or antagonistic interactions that may affect the shape of the dose-response relationship of the individual chemicals and microbes, and to examine noncancer endpoints and infectious diseases, and susceptible individuals and subpopulations. (c) Studies on harmful substances in drinking water (1) Development of studies The Administrator shall, not later than 180 days after August 6, 1996, and after consulta- (A) Enhanced Surface Water Treatment Rule (59 Fed. Reg. 38832 (July 29, 1994)). (2) Contents of studies The studies required by paragraph (1) shall include, at a minimum, each of the following: (A) Toxicological studies and, if warranted, epidemiological studies to determine what levels of exposure from disinfectants and disinfection byproducts, if any, may be associated with developmental and birth defects and other potential toxic end points. (B) Toxicological studies and, if warranted, epidemiological studies to quantify the carcinogenic potential from exposure to disinfection byproducts resulting from different disinfectants. (C) The development of dose-response curves for pathogens, including cryptosporidium and the Norwalk virus. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $12,500,000 for each of fiscal years 1997 through 2003. (d) Waterborne disease occurrence study (1) System The Director of the Centers for Disease Control and Prevention, and the Administrator (A) within 2 years after August 6, 1996, conduct pilot waterborne disease occurrence stud- (2) Training and education The Director and Administrator shall jointly establish a national health care provider training and public education campaign to inform both the professional health care provider community and the general public about waterborne disease and the symptoms that may be caused by infectious agents, including microbial contaminants. In developing such a campaign, they shall seek comment from interested groups and individuals, including scientists, physicians, State and local governments, environmental groups, public water systems, and vulnerable populations. (3) Funding There are authorized to be appropriated for each of the fiscal years 1997 through 2001, $3,000,000 to carry out this subsection. To the extent funds under this subsection are not fully appropriated, the Administrator may use not more than $2,000,000 of the funds from amounts reserved under section 300j-12(n) of this title for health effects studies for purposes of this subsection. The Administrator may transfer a portion of such funds to the Centers for Disease Control and Prevention for such purposes. (July 1, 1944, ch. 373, title XIV, Sec. 1458, as added Pub. L. 104-182, title I, Sec. 137, Aug. 6, 1996, 110 Stat. 1680.) Section Referred to in Other Sections This section is referred to in section 300j-12 of this title. Part F-Additional Requirements DEFINITIONS 42 USC 300j-21 As used in this part (1) Drinking water cooler The term "drinking water cooler" means any mechanical device affixed to drinking water supply plumbing which actively cools water for human consumption. (2) Lead free 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. The Administrator may establish more stringent requirements for treating any part or component of a drinking water cooler as lead free for purposes of this part whenever he determines that any such part may constitute an important source of lead in drinking water. (3) Local educational agency The term "local educational agency" means (A) any local educational agency as defined in section 8801 of title 20, (B) the owner of any private, nonprofit elementary or secondary school building, and (C) 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 (20 U.S.C. 921 and following). (4) Repair The term "repair" means, with respect to a drinking water cooler, to take such corrective action as is necessary to ensure that water cooler is lead free. (5) Replacement The term "replacement”, when used with respect to a drinking water cooler, means the permanent removal of the water cooler and the installation of a lead free water cooler. (6) School The term "school" means any elementary school or secondary school as defined in section 8801 of title 20 and any kindergarten or day care facility. (7) Lead-lined tank The term "lead-lined tank” means a water reservoir container in a drinking water cooler which container is constructed of lead or which has an interior surface which is not lead free. (July 1, 1944, ch. 373, title XIV, Sec. 1461, as added Pub. L. 100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2884; amended Pub. L. 103-382, title III, Sec. 391(p), Oct. 20, 1994, 108 Stat. 4024; Pub. L. 104-182, title V, Sec. 501(f)(7), Aug. 6, 1996, 110 Stat. 1692.) References in Text The Defense Dependent's Education Act of 1978, referred to in par. (3)(C), probably means the Defense Dependents' Education Act of 1978, title XIV of Pub. L. 95-561, Nov. 1, 1978, 92 Stat. 2365, as amended, which is classified principally to chapter 25A (Sec. 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 921 of Title 20 and Tables. Amendments 1996-Pub. L. 104-182 made technical amendment to section catchline and first word of text. 1994–Par. (3)(A). Pub. L. 103-382, Sec. 391(p)(1), substituted “section 8801 of title 20” for “section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381)”. Par. (6). Pub. L. 103-382, Sec. 391(p)(2), substituted “section 8801 of title 20" for "section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854)”. RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS 42 USC 300j-22 For purposes of the Consumer Product Safety Act [15 U.S.C. 2051 et seq.], all drinking water coolers identified by the Administrator on the list under section 300j-23 of this title as having a lead-lined tank shall be considered to be imminently hazardous consumer products within the meaning of section 12 of such Act (15 U.S.C. 2061). 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 within 1 year after October 31, 1988. For purposes of enforcement, such order shall be treated as an order under section 15(d) of that Act (15 U.S.C. 2064(d)). (July 1, 1944, ch. 373, title XIV, Sec. 1462, as added Pub. L. 100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2885; amended Pub. L. 104-182, title V, Sec. 501(f)(8), Aug. 6, 1996, 110 Stat. 1692.) References in Text The Consumer Product Safety Act, referred to in text, is Pub. L. 92-573, Oct. 27, 1972, 86 Stat. 1207, as amended, which is classified generally to chapter 47 (Sec. 2051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2051 of Title 15 and Tables. Amendments 1996-Pub. L. 104-182 made technical amendment to section catchline and first word of text. DRINKING WATER COOLERS CONTAINING LEAD 42 USC 300j-23 (a) Publication of lists The Administrator shall, after notice and opportunity for public comment, identify each brand and model of drinking water cooler which is not lead free, including each brand and model of drinking water cooler which has a lead-lined tank. For purposes of identifying the brand and model of drinking water coolers under this subsection, the Administrator shall use the best information available to the Environmental Protection Agency. Within 100 days after October 31, 1988, the Administrator shall publish a list of each brand and model of drinking water cooler identified under this subsection. Such list shall separately identify each brand and model of cooler which has a lead-lined tank. The Administrator shall continue to gather information regarding lead in drinking water coolers and shall revise and republish the list from time to time as may be appropriate as new information or analysis becomes available regarding lead contamination in drinking water coolers. (b) Prohibition No person may sell in interstate commerce, or manufacture for sale in interstate commerce, any drinking water cooler listed under subsection (a) of this section or any other drinking water cooler which is not lead free, including a lead-lined drinking water cooler. (c) Criminal penalty Any person who knowingly violates the prohibition contained in subsection (b) of this section shall be imprisoned for not more than 5 years, or fined in accordance with title 18, or both. (d) Civil penalty The Administrator may bring a civil action in the appropriate United States District Court (as determined under the provisions of title 28) to impose a civil penalty on any person who violates subsection (b) of this section. In any such action the court may impose on such person a civil penalty of not more than $5,000 ($50,000 in the case of a second or subsequent violation). (July 1, 1944, ch. 373, title XIV, Sec. 1463, as added Pub. L. 100-572, Sec. 2(a), Oct. 31, 1988, 102 Stat. 2885; amended Pub. L. 104-182, title V, Sec. 501(f)(9), Aug. 6, 1996, 110 Stat. 1692.) Amendments 1996-Pub. L. 104-182 made technical amendment to section catchline and subsec. (a) designation. Section Referred to in Other Sections This section is referred to in sections 300j-22, 300j-24 of this title. 42 USC 300j-24 LEAD CONTAMINATION IN SCHOOL DRINKING WATER (a) Distribution of drinking water cooler list Within 100 days after October 31, 1988, the Administrator shall distribute to the States a list of each brand and model of drinking water cooler identified and listed by the Administrator under section 300j-23(a) of this title. (b) Guidance document and testing protocol The Administrator shall publish a guidance document and a testing protocol to assist schools in determining the source and degree of lead contamination in school drinking water supplies and in remedying such contamination. The guidance document shall include guidelines for sample preservation. The guidance document shall also include guidance to assist States, schools, and the general public in ascertaining the levels of lead contamination in drinking water coolers and in taking appropriate action to reduce or eliminate such contamination. The guidance document shall contain a testing protocol for the identification of drinking water coolers which contribute to lead contamination in drinking water. Such document and protocol may be revised, republished and redistributed as the Administrator deems necessary. The Administrator shall distribute the guidance document and testing protocol to the States within 100 days after October 31, 1988. |