[Code of Federal Regulations]

[Title 40, Volume 22]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR141.43]



[Page 432]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 141_NATIONAL PRIMARY DRINKING WATER REGULATIONS--Table of Contents

 

  Subpart E_Special Regulations, Including Monitoring Regulations and 

                         Prohibition on Lead Use

 

Sec. 141.43  Prohibition on use of lead pipes, solder, and flux.



    (a) In general--(1) Prohibition. Any pipe, solder, or flux, which is 

used 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 which is connected to a public 

water system shall be lead free as defined by paragraph (d) of this 

section. This paragraph (a)(1) shall not apply to leaded joints 

necessary for the repair of cast iron pipes.

    (2) [Reserved]

    (b) State enforcement--(1) Enforcement of prohibition. The 

requirements of paragraph (a)(1) of this section shall be enforced in 

all States effective June 19, 1988. 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) [Reserved]

    (c) Penalties. If the Administrator determines that a State is not 

enforcing the requirements of paragraph (a) of this section, as required 

pursuant to paragraph (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 1443(a) of the Act.

    (d) Definition of lead free. 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 

intended by the manufacturer to dispense water for human ingestion 

refers to fittings and fixtures that are in compliance with standards 

established in accordance with 42 U.S.C. 300g-6(e).



[52 FR 20674, June 2, 1987, as amended at 65 FR 2003, Jan. 12, 2000]