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42 U.S.C. § 300g–6Prohibition on use of lead pipes, solder, and flux

submitted 82 years ago by Pub. L. 99-339 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,161 words · no verdicts yet

in plain englishAI-generated · not legal advice

Since June 19, 1986, pipes, solder, and flux used in drinking water systems must be lead free. Water systems must warn people if their water could pick up lead from old pipes or corrosion. Since 1998, it's illegal to sell non-lead-free pipes or plumbing supplies for drinking water. EPA also limits how much lead new fixtures can leach, and must educate the public about lead risks.

(a) In general (1)(A) Since June 19, 1986, no one may use any pipe, plumbing fitting or fixture, solder, or flux, unless it's "lead free" (as defined in (d)), when installing or repairing a public water system, or plumbing in a home or other building that supplies water for people to drink. (1)(B) This rule doesn't apply to leaded joints needed to repair cast iron pipes. (2)(A) Every water system owner or operator must identify people who might be affected by lead in their drinking water and give them notice, whether that lead comes from the system's own construction materials or from corrosive water dissolving lead. The Administrator decides how and in what form the notice must be given. This notice is required even if there's no violation of any national drinking water standard. (2)(B) The notice must clearly and simply explain (i) where lead in the drinking water could come from, (ii) the possible health effects, (iii) reasonably available ways to reduce lead levels, (iv) any steps the system is already taking about it, and (v) whether people might need to look for an alternative water supply. (3) Starting 2 years after August 6, 1996, it becomes illegal (A) for anyone to sell or ship pipes or plumbing fixtures that aren't lead free — except pipes used for manufacturing or industrial processing; (B) for anyone selling plumbing supplies, other than manufacturers, to sell solder or flux that isn't lead free; or (C) for anyone to sell solder or flux that isn't lead free unless it carries a clear label saying it's illegal to use in plumbing for drinking water. (4) These bans in (1) and (3) don't apply to (A) pipes and fixtures — including backflow preventers — used only for non-drinking purposes, like manufacturing, industrial processing, irrigation, or outdoor watering; or (B) toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water-main gate valves that are 2 inches or larger. (b) State enforcement (1) States must enforce the (a)(1) pipe/solder/flux ban starting 24 months after June 19, 1986, using state or local plumbing codes or whatever other enforcement method the state finds appropriate. (2) States must also enforce the (a)(2) public-notice requirements starting 24 months after June 19, 1986. (c) Penalties If the Administrator finds that a state isn't enforcing subsection (a) as required by (b), the Administrator can withhold up to 5 percent of that state's federal funding for state program grants under section 300j–2(a). (d) Definition of lead free (1) "Lead free" means (A) for solder and flux, no more than 0.2 percent lead; and (B) for the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures, no more than a weighted average of 0.25 percent lead. (2) To calculate the weighted average: for each part of the product that touches water (each "wetted component"), multiply that part's lead percentage by the ratio of its wetted surface area to the whole product's wetted surface area. That gives the weighted lead percentage for that part. Add up the weighted percentages for every wetted component. That total is the product's weighted average lead content, which is compared against the 0.25 percent limit in (1)(B). If a material's lead content is given as a range, use the highest number in that range. (e) Plumbing fittings and fixtures (1) The Administrator must give accurate, timely technical information and help to qualified third-party certifiers working on voluntary standards and testing methods for lead leaching from new plumbing fittings and fixtures meant to dispense water for people to drink. (2)(A) If no voluntary lead-leaching standard exists within 1 year of August 6, 1996, the Administrator must, within 2 years of that date, issue a health-based performance standard setting maximum leaching levels for new fittings and fixtures meant to dispense drinking water. That standard takes effect 5 years after the Administrator issues it. (2)(B) If regulations required under (A) haven't been issued within 5 years of August 6, 1996, then no one may import, manufacture, process, or sell a new plumbing fitting or fixture meant to dispense drinking water that contains more than 4 percent lead by dry weight. (f) Public education (1) The Administrator must make information available to the public about lead in drinking water, covering (A) the risks of lead in drinking water, (B) what causes lead to get into a home's water, (C) steps states, water systems, and consumers can take to cut the risk, and (D) other resources people can use to reduce their lead exposure, including how to test for lead in their water. (2) When sharing this information, the Administrator must — depending on available funding — run outreach specifically aimed at groups that face a greater risk than the general population from lead exposure in drinking water.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(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 human consumption,

that is not lead free (within the meaning of subsection (d)).

(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.

(4) Exemptions

The prohibitions in paragraphs (1) and (3) shall not apply to—

(A)

pipes, pipe fittings, plumbing fittings, or fixtures, including backflow preventers, that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or

(B)

toilets, bidets, urinals, fill valves, flushometer valves, tub fillers, shower valves, fire hydrants, service saddles, or water distribution main gate valves that are 2 inches in diameter or larger.

(b) State enforcement
(1) Enforcement of prohibition

The requirements of subsection (a)(1) 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) 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) as required pursuant to subsection (b), 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) Definition of lead free
(1) In general

For the purposes of this section, the term “lead free” means—

(A)

not containing more than 0.2 percent lead when used with respect to solder and flux; and

(B)

not more than a weighted average of 0.25 percent lead when used with respect to the wetted surfaces of pipes, pipe fittings, plumbing fittings, and fixtures.

(2) Calculation

The weighted average lead content of a pipe, pipe fitting, plumbing fitting, or fixture shall be calculated by using the following formula: For each wetted component, the percentage of lead in the component shall be multiplied by the ratio of the wetted surface area of that component to the total wetted surface area of the entire product to arrive at the weighted percentage of lead of the component. The weighted percentage of lead of each wetted component shall be added together, and the sum of these weighted percentages shall constitute the weighted average lead content of the product. The lead content of the material used to produce wetted components shall be used to determine compliance with paragraph (1)(B). For lead content of materials that are provided as a range, the maximum content of the range shall be used.

(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 year after August 6, 1996, the Administrator shall, not later than 2 years after August 6, 1996, promulgate regulations setting a health-effects-based performance standard establishing maximum leaching levels from new plumbing fittings and fixtures that are intended by the manufacturer to dispense water for human ingestion. The standard shall become effective on the date that is 5 years after the date of promulgation of 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.

(f) Public education
(1) In general

The Administrator shall make information available to the public regarding lead in drinking water, including information regarding—

(A)

risks associated with lead in drinking water;

(B)

the conditions that contribute to drinking water containing lead in a residence;

(C)

steps that States, public water systems, and consumers can take to reduce the risks of lead in drinking water; and

(D)

the availability of additional resources that consumers can use to minimize lead exposure, including information on sampling for lead in drinking water.

(2) Vulnerable populations

In making information available to the public under this subsection, the Administrator shall, subject to the availability of appropriations, carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.

Source credit: (July 1, 1944, ch. 373, title XIV, § 1417, as added Pub. L. 99–339, title I, § 109(a), June 19, 1986, 100 Stat. 651; amended Pub. L. 104–182, title I, § 118, title V, § 501(f)(1), Aug. 6, 1996, 110 Stat. 1645, 1691; Pub. L. 111–380, § 2(a), Jan. 4, 2011, 124 Stat. 4131; Pub. L. 113–64, § 2, Dec. 20, 2013, 127 Stat. 668; Pub. L. 114–322, title II, § 2106(b), Dec. 16, 2016, 130 Stat. 1726.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 99-339 · 100 Stat. 651
  • 1996Amended · Pub. L. 104-182 · 110 Stat. 1645, 1691
  • 2011Amended · Pub. L. 111-380 · 124 Stat. 4131
  • 2013Amended · Pub. L. 113-64 · 127 Stat. 668
  • 2016Amended · Pub. L. 114-322 · 130 Stat. 1726

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-339 on 1944-07-01.

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