Section text and notes
In general
Prohibitions
In general
Leaded joints
Subparagraph (A) shall not apply to leaded joints necessary for the repair of cast iron pipes.
Public notice requirements
In general
Contents of notice
Unlawful acts
Exemptions
State enforcement
Enforcement of prohibition
The requirements of subsection (a)(1) shall be enforced in all States effective 24 months after . 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.
Enforcement of public notice requirements
The requirements of subsection (a)(2) shall apply in all States effective 24 months after .
Penalties
section 300j–2(a) of this titleIf 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 .
Definition of lead free
In general
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.
Plumbing fittings and fixtures
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.
Standards
In general
If a voluntary standard for the leaching of lead is not established by the date that is 1 year after , the Administrator shall, not later than 2 years after , 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.
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 , 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.
Public education
In general
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.
July 1, 1944, ch. 373 Pub. L. 99–339, title I, § 109(a)100 Stat. 651 Pub. L. 104–182, title I, § 118110 Stat. 1645 Pub. L. 111–380, § 2(a)124 Stat. 4131 Pub. L. 113–64, § 2127 Stat. 668 Pub. L. 114–322, title II, § 2106(b)130 Stat. 1726 (, title XIV, § 1417, as added , , ; amended , title V, § 501(f)(1), , , 1691; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 114–3222016—Subsec. (f). added subsec. (f).
Pub. L. 113–642013—Subsec. (a)(4)(B). inserted “fire hydrants,” after “shower valves,”.
Pub. L. 111–380, § 2(a)(1)2011—Subsec. (a)(4). , added par. (4).
Pub. L. 111–380, § 2(a)(2)Subsec. (d). , amended subsec. (d) generally. Prior to amendment, subsec. (d) defined “lead free” when used with respect to solders and flux, pipes and pipe fittings, and plumbing fittings and fixtures.
Pub. L. 104–182, § 501(f)(1)1996—, made technical amendment to section catchline and subsec. (a) designation.
Pub. L. 104–182, § 118(1)Subsec. (a)(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 , 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.”
Pub. L. 104–182, § 118(2)Subsec. (a)(2)(A). , inserted “owner or operator of a” after “Each” in introductory provisions.
Pub. L. 104–182, § 118(3)Subsec. (a)(3). , added par. (3).
Pub. L. 104–182, § 118(4)Subsec. (d)(3). , added par. (3).
Pub. L. 104–182, § 118(5)Subsec. (e). , added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 111–380, § 2(b)124 Stat. 4132
Evaluation of Sources of Lead in Water Distribution Systems and Alternate Routing Systems
Pub. L. 113–64, § 3127 Stat. 668
Notification to States
Pub. L. 99–339, title I, § 109(b)100 Stat. 652
Ban on Lead Water Pipes, Solder, and Flux in VA and HUD Insured or Assisted Property
Pub. L. 99–339, title I, § 109(c)100 Stat. 652 Pub. L. 102–54, § 13(q)(2)105 Stat. 279