110 HR 2076 IH: Lead-Free Drinking Water Act of
U.S. House of Representatives
2007-04-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Lead-Free Drinking Water Act of
2007
.
2.Revision of
national primary drinking water regulation for leadSection 1412(b) of the Safe Drinking Water
Act (42 U.S.C. 300g–1(b)) is amended by adding at the end the following:
(16)Revision of
national primary drinking water regulation for lead
(A)Not later than 18 months after the date of enactment of
this paragraph, the Administrator shall finalize a rulemaking to review and
revise the national primary drinking water regulation for lead that maintains
or provides for greater protection of health as required under paragraph
(9).
(B)Protection for
individualsThe revised regulation shall provide the maximum
feasible protection for individuals that may be affected by lead contamination
of drinking water, particularly vulnerable populations such as infants,
children, and pregnant and lactating women.
(C)Maximum
contaminant level
(i)The revised regulation shall—
(I)establish a maximum
contaminant level for lead in drinking water as measured at the tap; or
(II)if the
Administrator determines that it is not practicable to establish such a level
with adequate provision for variability and factors outside of the control of a
public water system, establish a treatment technique in accordance with
subparagraph (D).
(ii)In establishing the maximum contaminant level under clause
(i) or an action level for lead, the Administrator shall use as a basis the
most protective of first draw samples, flushed samples, or both first draw and
flushed samples.
(D)If the Administrator establishes a treatment technique
for drinking water under subparagraph (C)(i)(II), the treatment technique
shall—
(i)prevent, to the
extent achievable, known or anticipated adverse effects on the health of
individuals;
(ii)include an action
level for lead that is at least as stringent as the action level established by
the national primary drinking water regulation for lead under subpart I of part
141 of title 40, Code of Federal Regulations (as in effect on the date of
enactment of this paragraph); and
(iii)(I)provide for the
protection of individuals from very high lead levels in drinking water in
isolated instances;
(II)provide for the protection of all
individuals, as opposed to a statistical majority, from exposure to elevated
lead levels in drinking water;
(III)promote continuing advances in
corrosion control technologies and address the need to respond to changes in
corrosion control and water treatment technologies; and
(IV)take into account the demonstrated
insufficiency of public notification and education as a primary means of
protecting public health from lead in
water.
.
3.Section 1417(a)(1)
of the Safe Drinking Water Act (42 U.S.C. 300g–6(a)(1)) is amended by adding at
the end the following:
(C)
(i)Upon exceeding the maximum contaminant level or action
level for lead, a community water system or nontransient noncommunity water
system shall annually replace at least 10 percent of the non-lead-free service
lines of the community water system or nontransient noncommunity water system
until all of the non-lead-free service lines have been replaced.
(ii)Priority
shall be given to non-lead-free service lines that convey drinking water
to—
(I)residences that
receive drinking water with high lead levels; and
(II)residences and
other buildings, such as day care facilities and schools, used by vulnerable
populations, including infants, children, and pregnant and lactating
women.
(iii)Replacement
responsibilityUnder no circumstance may a community water system
or nontransient noncommunity water system avoid the responsibility to replace
any non-lead-free service line by completing lead testing such as that referred
to in section 141.84 of title 40, Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph).
(iv)Replacement of
non-lead-free service lines
(I)In carrying out this subparagraph and subject to
subclause (II), a community water system or nontransient noncommunity water
system shall replace the non-lead-free service lines, including publicly owned
and, with the permission of applicable homeowners, privately owned portions of
the service lines.
(II)Requirements for
permissionIn seeking permission from a homeowner to replace the
private portion of non-lead-free service lines under subclause (I), a community
water system or nontransient noncommunity water system shall provide to the
homeowner in English, and, in areas with a large proportion of non-English
speaking residents, in each other appropriate language—
- (aa)notification of
the replacement that is separate from the notification required under paragraph
(2);
- (bb)a
detailed description of the process by which non-lead-free service lines will
be replaced, including the date and approximate time of the replacement and a
description of the ways in which property use will be disrupted by the
replacement process; and
- (cc)a
description of actions that should be taken to avoid any lead contamination
that may occur after replacement of the non-lead-free service lines.
(III)After completion of replacement of non-lead-free service
lines, a community water system or nontransient noncommunity water system shall
make every reasonable effort to return property affected by the replacement to
the state in which the property existed before the replacement.
(IV)If, after 3 attempts to obtain permission from a
homeowner under subclause (II), a community water system or nontransient
noncommunity water system has not received permission, the water system shall
provide final notice in English, and, in areas with a large proportion of
non-English speaking residents, in each other appropriate language, to the
homeowner of—
- (aa)the
date and approximate time of replacement of the publicly owned portion of the
non-lead-free service lines; and
- (bb)a
detailed description of actions that the homeowner should take to avoid any
lead contamination that may occur after non-lead-free service line
replacement.
(V)
- (aa)If the Administrator determines, after providing an
opportunity for public notice and comment, that the practice of replacing only
a portion of a non-lead-free service line will generally result in higher lead
levels in drinking water during an extended period of time (as compared with
leaving the entire non-lead-free service line in place), the Administrator may
provide for an exemption for the replacement in any case in which the
applicable homeowner refuses to grant permission to replace portions of a
non-lead-free service line under subclause (IV).
- (bb)An exemption under item (aa) shall provide that, upon a
change in ownership of a property served by a non-lead-free service line, a new
property owner may request that the community water system or nontransient
noncommunity water system replace the non-lead-free service line for the
property within a reasonable period of time.
(VI)Using
amounts available under subsection (k)(1), the Administrator may provide grants
to community water systems and nontransient noncommunity water systems for use
in replacing non-lead-free service
lines.
.
4.Public notice and
educationSection 1417(a) of
the Safe Drinking Water Act (42 U.S.C. 300g–6(a)) is amended—
(1)by redesignating
paragraph (3) as paragraph (4); and
(2)by striking
paragraph (2) and inserting the following:
(2)Public notice
requirements
(A)The owner or operator of a community water system or
nontransient noncommunity water system shall identify and provide notice in
English, and, in areas with a large proportion of non-English speaking
residents, in each other appropriate language, to individuals and entities
(and, under subparagraph (D), to specific residences) that may be exposed to
lead contamination in the drinking water supply, as indicated by an exceedance
of the maximum contaminant level or action level for lead, in a case in which
the contamination results from—
(i)the lead content
in the construction materials of the public water distribution system;
or
(ii)corrosivity of the
water supplied that is sufficient to cause leaching of lead.
(B)Public
notice materials prepared under this paragraph shall provide a clear and
readily understandable explanation of—
(i)detailed
information on the number of residences the drinking water of which was tested
and the areas of the city or community in which those residences are located,
including a description of lead levels found in the drinking water;
(ii)the presence or
absence of non-lead-free service lines for each household receiving drinking
water from the community water system or nontransient noncommunity water
system;
(iii)the potential
adverse health effects of lead contamination of drinking water, including a
detailed description of the disproportionate adverse effects of lead
contamination of drinking water on infants, children, and pregnant and
lactating women;
(iv)the potential
sources of lead in drinking water (including, at a minimum, non-lead-free
service lines, water meters, lead solder, and leaded plumbing fixtures);
(v)information
sources regarding the cost and availability of lead-free plumbing fixtures for
use in residences;
(vi)reasonably
available methods of mitigating known or potential lead contamination of
drinking water, including—
(I)a detailed,
step-by-step description of immediate actions that should be taken, such as the
use of a certified water filter or other acquisition of an alternative water
supply; and
(II)a summary of more
extensive actions that could be taken;
(vii)any steps the
community water system or nontransient noncommunity water system is taking to
mitigate lead content in drinking water, including—
(I)a timeline for
decisionmaking;
(II)a description of
the means by which the public will provide input in the decisionmaking process;
and
(III)a description of
the potential health effects of any corrosion control modifications;
(viii)the necessity,
if any, of seeking alternative water supplies; and
(ix)contact
information for—
(I)medical
assistance, including State and local agencies responsible for lead
programs;
(II)the community
water system or nontransient noncommunity water system; and
(III)the task force
established under paragraph (3)(A)(ii).
(C)A
notice under this paragraph shall place special emphasis on—
(i)alerting parents,
caregivers, and other individuals and entities of the significantly greater
risks to infants, children, and pregnant and lactating women posed by lead
contamination of drinking water; and
(ii)encouraging
individuals and entities threatened by lead contamination in the drinking water
supply to immediately modify behavior and follow other recommendations in the
notice so as to minimize exposure to lead in drinking water.
(D)
(i)Notice to all
residences and entities
(I)The notice under subparagraph (A) shall be provided to
each residence or entity that receives water from the community water system or
nontransient noncommunity water system.
(II)Each
community water system and nontransient noncommunity water system shall print
on the water bill provided to each residence and entity described in subclause
(I) a warning that there is a public health risk from high lead levels in the
drinking water.
(ii)The
notice required under subparagraph (A) shall be delivered—
(I)not later than 30
days after the date on which the maximum contaminant level or action level for
lead is exceeded; and
(II)every 90 days
thereafter for as long as the exceedance continues.
(E)Regardless of whether the maximum contaminant level or
action level for lead is exceeded, not later than 14 days after the date of
receipt of any water lead test results conducted by the community water system
or nontransient noncommunity water system, the water system shall provide to
the owners and occupants of each residence tested a notice of the test results
that includes—
(i)the results of the
water testing for that residence;
(ii)contact
information (including a telephone number, address, and, if available, the
Internet site address) for the applicable State or local health department or
other agency for immediate assistance with blood lead level testing and lead
remediation; and
(iii)the information
and emphasis described in subparagraphs (B) and (C).
(F)Verification of
effectiveness
(i)Not later than 180 days after the date of enactment of
this subparagraph, the Administrator shall establish verification procedures
that ensure that notices provided under this paragraph are effective and
appropriate, taking into consideration risks posed to individuals and entities
that may be exposed to lead contamination in drinking water.
(ii)The
procedures shall provide means of verifying, at a minimum, whether a
notice—
(I)reaches the
intended individuals and entities;
(II)is received and
understood by those individuals and entities; and
(III)includes an
appropriate description of the level of risk posed to those individuals and
entities by lead contamination of drinking water.
(3)
(A)Each owner or operator of a community water system or
nontransient noncommunity water system shall establish and carry out a
permanent, public education program on lead in drinking water that
includes—
(i)development and
implementation of an action plan;
(ii)establishment and
maintenance of a standing, community-based task force;
(iii)development and
implementation of a voluntary household water testing program; and
(iv)preparation and
delivery of public education materials in each relevant language.
(B)The action plan developed under subparagraph (A)(i) shall
achieve the objectives of—
(i)defining the
target audience for the public education program;
(ii)outlining a
voluntary customer water testing program for lead;
(iii)identifying types
of educational materials to be used at each stage of public education;
and
(iv)determining the
appropriate timing and method of delivery of information on lead in drinking
water.
(C)
(i)In
establishing the task force under subparagraph (A)(ii), the community water
system or nontransient noncommunity water system shall solicit the
participation of—
(I)State, city, and
county officials and agencies, including officials and agencies responsible for
water quality, environmental protection, and testing for elevated lead levels
in drinking water and in individuals;
(II)local public
school systems;
(III)public hospitals
and clinics;
(IV)child care
facilities; and
(V)interested private
entities.
(ii)The
task force shall—
(I)assist community
water systems and nontransient noncommunity water systems in developing and
revising action plans developed under subparagraph (A)(i);
(II)review the
effectiveness of public notice provided under paragraph (2);
(III)make
recommendations to community water systems and nontransient noncommunity water
systems;
(IV)provide a means
by which community water systems and nontransient noncommunity water systems
may share information with the public; and
(V)facilitate the
response of a community water system or nontransient noncommunity water system
in the event of an exceedance of the maximum contaminant level or action level
for lead.
(D)In developing a voluntary water testing program under
subparagraph (A)(iii), a community water system or nontransient noncommunity
water system shall—
(i)provide a means by
which individuals and entities may request water testing with a single phone
call, letter, or electronically mailed letter;
(ii)conduct
applicable tests in a timely manner, including ensuring that water samples are
retrieved from households in a timely manner;
(iii)ensure that
tests are conducted properly by certified laboratories; and
(iv)provide to
individuals and entities that requested water testing the results of the tests,
and any additional applicable information (such as information contained in
educational materials described in subparagraph (E)) in a timely manner.
(E)
(i)Public education and consumer awareness materials
provided under this paragraph shall include—
(I)the potential
adverse health effects of lead contamination of drinking water, including a
detailed description of the disproportionate adverse effects of lead
contamination of drinking water on infants, children, and pregnant and
lactating women;
(II)the potential
sources of lead in drinking water (including, at a minimum, non-lead-free
service lines, lead solder, and leaded plumbing fixtures);
(III)a summary of the
historical compliance of the community water system or nontransient
noncommunity water system as evidenced by testing conducted under the national
primary drinking water regulation for lead, including any corrective actions
taken and the schedule for the next testing cycle;
(IV)the cost and
availability of lead-free plumbing fixtures for use in residences; and
(V)contact
information for—
- (aa)medical
assistance, including State and local agencies responsible for lead
programs;
- (bb)the
community water system or nontransient noncommunity water system; and
- (cc)the
task force established under subparagraph (A)(ii).
(ii)A
notice under this paragraph shall place special emphasis on—
(I)alerting parents,
caregivers, and other individuals and entities of the significantly greater
risks to infants, children, and pregnant and lactating women posed by lead
contamination of drinking water; and
(II)encouraging
individuals and entities threatened by lead contamination in the drinking water
supply to immediately modify behavior and follow other recommendations in the
notice so as to minimize exposure to lead in drinking water.
(F)Delivery of
public educationNotwithstanding any absence of an exceedance of
the maximum contaminant level or action level for lead, a community water
system or nontransient noncommunity water system shall provide biannually to
customers of the community water system or nontransient noncommunity water
system—
(i)public education
materials and notice in accordance with this paragraph, including a general
description of other sources of lead contamination (such as lead paint);
and
(ii)the results of
the most recent water testing conducted by the community water system or
nontransient noncommunity water system.
(G)Except
as provided in subparagraph (F)(ii), this paragraph applies only to community
water systems and nontransient noncommunity water systems that, at any time
after June 7, 1991, exceed or have exceeded the maximum contaminant level or
action level for
lead.
.
5.Section 1417 of the
Safe Drinking Water Act (42 U.S.C. 300g–6) is amended by adding at the end the
following:
(f)
(1)
(A)
(i)After an exceedance of a maximum contaminant level or
action level for lead by a community water system or nontransient noncommunity
water system, the community water system or nontransient noncommunity water
system shall provide on-location filters and replacement filters described in
subparagraph (C) to each residence, school, and day care facility in the
service area of the community water system or nontransient noncommunity water
system that could reasonably be expected to experience lead contamination of
drinking water in excess of the maximum contaminant level or action level for
lead.
(ii)Filters
and replacement filters shall be provided to a community water system or
nontransient noncommunity water system under clause (i) until such time as the
system no longer exceeds the maximum contaminant level or action level.
(B)Priority
shall be given—
(i)first, to
vulnerable populations such as infants, children, and pregnant and lactating
women; and
(ii)second, to those
residences, schools, and day care facilities that have or could be expected to
have higher lead levels, based on testing results under the national primary
drinking water regulation for lead.
(C)Standards and
certifications for filtersEach type of on-location filter
provided under subparagraph (A) shall be certified by a third-party certifier
accredited by the American National Standards Institute (referred to in this
section as ANSI) to the appropriate NSF International (referred to
in this section as NSF)/ANSI standard for lead reduction.
(2)The provision of filters under paragraph (1) shall not
be limited to residences known to have non-lead-free service lines.
(3)Waiver of
certain requirementsThe Administrator may waive 1 or more
requirements under this subsection if the Administrator determines that the
requirements are not feasible or necessary to carry out section
1412(b)(16)(B).
(g)
(1)Each Federal agency shall conduct water supply testing in
each federally-owned or federally-occupied building under the jurisdiction of
the Federal agency to determine whether lead levels in drinking water in the
building require action to provide a level of protection consistent with
section 1412(b)(16)(B).
(2)The Administrator shall establish a methodology and
provide guidance for testing and remediation in Federal buildings that will
provide a level of protection consistent with section 1412(b)(16)(B).
(3)
(A)This subsection shall not apply to a Federal building
that is served by a federally-owned or federally-operated public water system
that is subject to the national primary drinking water regulation for
lead.
(B)Nothing in this subsection affects any requirement
applicable to a public water system.
(h)
(1)Not later than 1 year after the date of enactment of this
subsection, in accordance with testing requirements under the national primary
drinking water regulation for lead, each community water system and
nontransient noncommunity water system described in paragraph (2) shall
initiate, and complete not later than 180 days after the date of initiation, a
testing program for lead in drinking water that is consistent with the
monitoring requirements under section 141.86 of title 40, Code of Federal
Regulations (or a successor regulation) that are associated with the final rule
entitled Maximum Contaminant Level Goals and National Primary Drinking
Water Regulations for Lead and Copper
(56 Fed. Reg. 26548 (June 7,
1991)).
(2)This
section applies to each community water system and nontransient noncommunity
water system that—
(A)is monitoring lead
in drinking water on a reduced monitoring plan in accordance with section
141.86(c) of title 40, Code of Federal Regulations;
(B)is subject to the
requirements of the final rule entitled National Primary Drinking Water
Regulations: Disinfectants and Disinfection Byproducts, Part IV
(63
Fed. Reg. 69390 (December 16, 1998)) (referred to in this section as the
Stage 1 Rule); and
(C)has not conducted
monitoring under the reduced monitoring plan of the system since making
significant changes as a means of complying with the Stage 1 Rule (as in effect
on the date of enactment of this subsection).
(i)The
Administrator shall revise the monitoring requirements under the national
primary drinking water regulation for lead to—
(1)require monitoring
at least biannually;
(2)ensure that
monitoring is statistically relevant and fully representative of all types of
residential dwellings and commercial establishments;
(3)ensure that
monitoring frequency and scope are enhanced for—
(A)at least the
1-year period following any substantial modification of the treatment of
drinking water provided; and
(B)any period during
which the drinking water of a water system exceeds the maximum contaminant
level or action level for lead;
(4)require that, in
order to be certified to conduct drinking water analyses under this Act, a
laboratory shall electronically report lead test results for public water
systems (and such other results or data as are determined to be appropriate by
the Administrator), in accordance with protocols established by the
Administrator, directly to the Administrator and the applicable State or local
agency; and
(5)otherwise ensure
that the Safe Drinking Water Information System and the National Contaminant
Occurrence Database of the Administrator reliably and timely reflect
information regarding drinking water quality and compliance with respect to
lead.
(j)In revising the national primary drinking water
regulation for lead, the Administrator shall ensure that any requirement for
corrosion control includes a requirement that, not later than 1 year after the
date of any change in water treatment, or of an exceedance of the maximum
contaminant level or action level for lead, each community water system and
nontransient noncommunity water system shall—
(1)reevaluate any
corrosion control plan in place for the water system; and
(2)implement any
changes necessary to reoptimize the
plan.
.
6.Non-lead free
service line replacement fundSection 1417 of the Safe Drinking Water Act
(42 U.S.C. 300g–6) (as amended by section 5) is amended by adding at the end
the following:
(k)Authorization of
appropriations
(1)There is authorized to be appropriated to carry out
replacement of non-lead-free service lines under subsection (a)(1)(C)(iv)(VI)
$200,000,000 for each of fiscal years 2008 through 2012.
(2)Of amounts provided under paragraph (1), $40,000,000 for
each of fiscal years 2008 through 2012 is authorized for use in replacing
non-lead free service lines in the District of
Columbia.
.
7.Prohibition on
use of lead pipes, solder, and flux
(a)Section
1417 of the Safe Drinking Water Act (42 U.S.C. 300g–6) is amended by striking
subsection (d) and inserting the following:
(d)In
this section:
(1)The term high lead means any pipe, or pipe or
plumbing fitting or fixture, that contains more than 2 percent lead.
(2)The term lead free means solder, flux, a pipe,
or a pipe or plumbing fitting or fixture that contains not more than 0.2
percent lead.
(3)Plumbing
fitting; plumbing fixtureThe terms plumbing fitting
and plumbing fixture do not include—
(A)any porcelain
item; or
(B)any plumbing
component that does not come into contact with drinking
water.
.
(b)Section
1417(a) of the Safe Drinking Water Act (42 U.S.C. 300g–6(a)) is amended—
(1)by striking
(a) In
general.—
and all that follows through paragraph
(1)(A)(ii) and inserting the following:
(a)
Use of lead pipes, solder, and
flux.—(1)
(A)
(i)No person may use, after June 19, 1986, any solder or flux
that is not lead free in the installation or repair of any public water system
or any plumbing in a residential or nonresidential facility providing water for
human ingestion (including water for bathing).
(ii)Pipes; pipe and
plumbing fittings and fixtures
(I)Not later than 1 year after the date of enactment of the
Lead-Free Drinking Water Act of 2007, no person may use any high lead pipe, or
pipe or plumbing fitting or fixture, in the installation or repair of—
- (aa)any
public water system; or
- (bb)any
plumbing in a residential or nonresidential facility providing water for human
ingestion (including water for bathing).
(II)On
and after the date that is 5 years after the date of enactment of the Lead-Free
Drinking Water Act of 2007, no person may use any pipe, or pipe or plumbing
fitting or fixture, that is not lead free in the installation or repair
of—
- (aa)any
public water system; or
- (bb)any
plumbing in a residential or nonresidential facility providing water for human
ingestion (including water for
bathing).
;
and
(2)in paragraph (3),
by striking (3) Unlawful
acts.—
and all that follows through subparagraph (A)
and inserting the following:
(3)On and after the date that is 1 year after the date of
enactment of the Lead-Free Drinking Water Act of 2007, it shall be
unlawful—
(A)for any person to
introduce into commerce any pipe, or pipe or plumbing fitting or fixture, that
is a high lead pipe or high lead pipe or plumbing fitting or fixture (except
for a pipe that is used in manufacturing or industrial
processing);
.
(c)Certification;
technical information and assistance; failure To complete
revisionSection 1417(e)(2) of the Safe Drinking Water Act (42
U.S.C. 300g–6(e)(2)) is amended by adding at the end the following:
(C)The
Administrator shall require that any plumbing fitting or fixture intended by
the manufacturer (or agent of the manufacturer) to convey or dispense water for
human ingestion (including water for bathing) be certified by an independent,
third-party certifier accredited by ANSI as meeting the requirements of
NSF/ANSI standard number 61 as described in subparagraph (A).
(D)Technical
information and assistanceThe Administrator shall provide
accurate and timely technical information and assistance to qualified
third-party certifiers described in subparagraph (C), and to the NSF, for use
in conducting a review of, and, not later than 6 months after the date of
enactment of this subparagraph, revising NSF/ANSI standard number 61 such that
the NSF Test Statistic Q applicable to plumbing fittings and fixtures shall be
less than or equal to 5 micrograms.
(E)Failure to
complete revisionIf the Administrator determines that the
revision required by subparagraph (D) has not been completed by the date that
is 1 year after the date of enactment of this subparagraph, no person may
import, manufacture, process, or distribute in commerce after that date any new
pipe, or pipe or plumbing fitting or fixture, intended by the manufacturer (or
agent of the manufacturer) to convey or dispense water for human ingestion
(including water for bathing) that is not lead
free.
.
8.Removal of lead
in schools
(a)Removal of lead
in schools and educational facilitiesSection 1464 of the Safe
Drinking Water Act (42 U.S.C. 300j–24) is amended by striking subsection (d)
and inserting the following:
(d)Removal of lead
in schools and educational facilities
(1)Testing and
remediation of lead contaminationNot later than 270 days after
the date of enactment of the Lead-Free Drinking Water Act of 2007, the
Administrator—
(A)shall promulgate
regulations requiring each State to establish a program under which schools and
other educational facilities licensed by the State are required to test for
annually, and remediate, lead contamination in water for human ingestion from
coolers, taps, and other sources; and
(B)may provide to
each State, in accordance with the regulations, a grant to assist, or provide
reimbursement for costs incurred by, schools and educational facilities
licensed by the State in carrying out testing and remediation described in
subparagraph (A).
(2)
(A)The regulations shall provide that a copy of the results
of any testing at a school or educational facility under paragraph (1) shall be
available in the reception area and administrative offices of the school or
facility for inspection by the public, including—
(i)teachers and other
school or facility personnel; and
(ii)parents and legal
guardians of students attending the school or facility.
(B)The
regulations shall provide that each school and educational facility licensed by
a State shall notify parent, teacher, and employee organizations of the
availability of testing results described in subparagraph (A).
(3)In the case of drinking water coolers, the regulations
promulgated under paragraph (1)(A) shall provide that, under the program
established by a State under the regulations, each school and educational
facility licensed by the State shall carry out appropriate measures for the
reduction or elimination of lead contamination from drinking water coolers that
are located in the school or facility and are not lead free necessary to ensure
that, not later than the date that is 15 months after the date of enactment of
the Lead-Free Drinking Water Act of 2007, all such drinking water coolers in
the school or facility are repaired, replaced, permanently removed, or rendered
inoperable (unless the drinking water cooler is tested and determined, within
the limits of testing accuracy, not to contribute lead to drinking
water).
(4)In a case in which a State does not carry out the
responsibilities of the State under this subsection, the Administrator shall
carry out such a program or such responsibilities on behalf of the
State.
(5)
(A)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this subsection $30,000,000 for each of fiscal years 2009 through
2013.
(B)A State (or, in a case in which the Administrator
implements this subsection under paragraph (4), the Administrator) may use not
more than 5 percent of amounts authorized to be appropriated under subparagraph
(A) for a fiscal year to pay administrative expenses incurred in carrying out
this subsection for the fiscal year.
.
(b)Section
1414(i)(1) of the Safe Drinking Water Act (42 U.S.C. 300g–3(i)(1)) is
amended—
(1)by striking
1417
and inserting 1417,
; and
(2)by striking
or 1445
and inserting 1445, or 1464(d)
.
(c)Section 1465 of the Safe Drinking Water Act (42 U.S.C.
300j–25) is repealed.
9.In revising the
national primary drinking water regulation for lead under section 1412(b)(16)
of the Safe Drinking Water Act (as added by section 2), the Administrator shall
ensure that the revised regulation incorporates all applicable requirements of
this Act and the amendments made by this Act.