42 U.S.C. § 300g-6 : US Code - Section 300G-6: Prohibition on use of lead pipes, solder, and flux

Search 42 U.S.C. § 300g-6 : US Code - Section 300G-6: Prohibition on use of lead pipes, solder, and flux

(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) 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 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.