
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300g-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                      Part B--Public Water Systems
 
Sec. 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.

(July 1, 1944, ch. 373, title XIV, Sec. 1417, as added Pub. L. 99-339, 
title I, Sec. 109(a), June 19, 1986, 100 Stat. 651; amended Pub. L. 104-
182, title I, Sec. 118, title V, Sec. 501(f)(1), Aug. 6, 1996, 110 Stat. 
1645, 1691.)


                               Amendments

    1996--Pub. L. 104-182, Sec. 501(f)(1), made technical amendment to 
section catchline and subsec. (a) designation.
    Subsec. (a)(1). Pub. L. 104-182, Sec. 118(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 June 19, 1986, 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.''
    Subsec. (a)(2)(A). Pub. L. 104-182, Sec. 118(2), inserted ``owner or 
operator of a'' after ``Each'' in introductory provisions.
    Subsec. (a)(3). Pub. L. 104-182, Sec. 118(3), added par. (3).
    Subsec. (d)(3). Pub. L. 104-182, Sec. 118(4), added par. (3).
    Subsec. (e). Pub. L. 104-182, Sec. 118(5), added subsec. (e).


                         Notification to States

    Section 109(b) of Pub. L. 99-339 provided that: ``The Administrator 
of the Environmental Protection Agency shall notify all States with 
respect to the requirements of section 1417 of the Public Health Service 
Act [this section] within 90 days after the enactment of this Act [June 
19, 1986].''


   Ban on Lead Water Pipes, Solder, and Flux in VA and HUD Insured or 
                            Assisted Property

    Section 109(c) of Pub. L. 99-339, as amended by Pub. L. 102-54, 
Sec. 13(q)(2), June 13, 1991, 105 Stat. 279, provided that:
    ``(1) Prohibition.--The Secretary of Housing and Urban Development 
and the Secretary of Veterans Affairs may not insure or guarantee a 
mortgage or furnish assistance with respect to newly constructed 
residential property which contains a potable water system unless such 
system uses only lead free pipe, solder, and flux.
    ``(2) Definition of lead free.--For purposes of paragraph (1) the 
term `lead free'--
        ``(A) when used with respect to solders and flux refers to 
    solders and flux containing not more than 0.2 percent lead, and
        ``(B) when used with respect to pipes and pipe fittings refers 
    to pipes and pipe fittings containing not more than 8.0 percent 
    lead.
    ``(3) Effective date.--Paragraph (1) shall become effective 24 
months after the enactment of this Act [June 19, 1986].''


                            Cross References

    Housing assistance by Secretary of Veterans Affairs, see section 
3701 et seq. of Title 38, Veterans' Benefits.
    Housing assistance by Secretary of Housing and Urban Development, 
see section 1701 et seq. of Title 12, Banks and Banking.

                  Section Referred to in Other Sections

    This section is referred to in section 300g-3 of this title.
