[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR141.43]

[Page 408-409]
 
                   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.

[[Page 409]]

    (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]