15 U.S.C. § 8911 — Monitoring and detection
submitted 7 years ago by Pub. L. 116-92 to r/title-15-COMMERCE-AND-TRADE · 341 words · no verdicts yet
The EPA must add certain PFAS chemicals to its next list of unregulated contaminants that water systems must monitor, without counting against the usual 30-chemical cap. Large water systems (over 10,000 people) must test for these chemicals; smaller systems must test too if funding allows, though very small systems only need representative sampling. EPA pays reasonable testing costs and can waive the requirement if labs lack capacity.
(a) Monitoring program for unregulated contaminants
(1) The EPA Administrator* must include the substances described below in the fifth version of the list of unregulated contaminants that public water systems must monitor for, under section 300j-4(a)(2)(B)(i) of title 42.
(2) Those substances are PFAS chemicals and groups of PFAS chemicals that (A) EPA has validated a way to measure in drinking water, and (B) are not already covered by a national drinking-water safety rule.
(3) These added PFAS chemicals do not count toward the normal limit of 30 unregulated contaminants that water systems must monitor under that section.
(b) Applicability
(1) The Administrator must: (A) require water systems serving more than 10,000 people to test for these PFAS chemicals; (B) require water systems serving 3,300 to 10,000 people to test too, subject to (2) below and if money is available; and (C) make sure only a representative sample of systems serving fewer than 3,300 people have to test, again subject to (2) below and available funding.
(2) If the Administrator decides labs do not have enough capacity to handle all the testing required under (1)(B) and (1)(C), the Administrator may waive those testing requirements.
(3) The Administrator must pay the reasonable cost of testing and lab analysis needed for the monitoring required under (1)(B) and (1)(C), using either money set aside under specific provisions of section 300j-4 of title 42, or any other available funds.
The Administrator* shall include each substance described in paragraph (2) in the fifth publication of the list of unregulated contaminants to be monitored under section 300j–4(a)(2)(B)(i) of title 42.
The substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances—
for which a method to measure the level in drinking water has been validated by the Administrator; and
that are not subject to a national primary drinking water regulation.
The perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances included in the list of unregulated contaminants to be monitored under section 300j–4(a)(2)(B)(i) of title 42 under paragraph (1) shall not count towards the limit of 30 unregulated contaminants to be monitored by public water systems under that section.
The Administrator shall—
require public water systems serving more than 10,000 persons to monitor for the substances described in subsection (a)(2);
subject to paragraph (2) and the availability of appropriations, require public water systems serving not fewer than 3,300 and not more than 10,000 persons to monitor for the substances described in subsection (a)(2); and
subject to paragraph (2) and the availability of appropriations, ensure that only a representative sample of public water systems serving fewer than 3,300 persons are required to monitor for the substances described in subsection (a)(2).
If the Administrator determines that there is not sufficient laboratory capacity to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1), the Administrator may waive the monitoring requirements in those subparagraphs.
The Administrator shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1) using—
funds made available pursuant to subsection (a)(2)(H) or subsection (j)(5) of section 300j–4 of title 42; or
any other funds made available for that purpose.
Source credit: (Pub. L. 116–92, div. F, title LXXIII, § 7311, Dec. 20, 2019, 133 Stat. 2276.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 2276
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.
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