42 USC 300g-6 - Prohibition on use of lead pipes, solder, and flux

U.S Code last checked for updates: May 02, 2024

§ 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)).

(B)

Leaded joints

(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

(2)

Enforcement of public notice requirements

(c)

Penalties

(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

(e)

Plumbing fittings and fixtures

(1)

In general

(2)

Standards

(A)

In general

(B)

Alternative requirement

(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

(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.)

cite as: 42 USC 300g-6