Title 15 — Commerce and Trade
Chapter 115 — Perfluoroalkyl and Polyfluoroalkyl Substances and Emerging Contaminants
§ 8911. Monitoring and detection
Statutory text
Monitoring program for unregulated contaminants
In general
The Administrator shall include each substance described in paragraph (2) in the fifth publication of the list of unregulated contaminants to be monitored under section 300j–4(a)(2)(B)(i) of title 42.
Substances described
The substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances—
for which a method to measure the level in drinking water has been validated by the Administrator; and
that are not subject to a national primary drinking water regulation.
Exception
The perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances included in the list of unregulated contaminants to be monitored under section 300j–4(a)(2)(B)(i) of title 42 under paragraph (1) shall not count towards the limit of 30 unregulated contaminants to be monitored by public water systems under that section.
Applicability
In general
The Administrator shall—
require public water systems serving more than 10,000 persons to monitor for the substances described in subsection (a)(2);
subject to paragraph (2) and the availability of appropriations, require public water systems serving not fewer than 3,300 and not more than 10,000 persons to monitor for the substances described in subsection (a)(2); and
subject to paragraph (2) and the availability of appropriations, ensure that only a representative sample of public water systems serving fewer than 3,300 persons are required to monitor for the substances described in subsection (a)(2).
Requirement
If the Administrator determines that there is not sufficient laboratory capacity to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1), the Administrator may waive the monitoring requirements in those subparagraphs.
Funds
The Administrator shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1) using—
funds made available pursuant to subsection (a)(2)(H) or subsection (j)(5) of section 300j–4 of title 42; or
any other funds made available for that purpose.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
PFAS Act of 2019
Pub. L. 116–92 div. F title LXXIII § 7311 · 133 Stat. 1198
Enacted · 15 U.S.C. § 8911
(Pub. L. 116–92, div. F, title LXXIII, § 7311, Dec. 20, 2019, 133 Stat. 2276.)
Source evidence
Code source credit
(Pub. L. 116–92, div. F, title LXXIII, § 7311, Dec. 20, 2019, 133 Stat. 2276.)Enacted provision · exact public law section
SEC. 7311. MONITORING AND DETECTION. (a) Monitoring Program for Unregulated Contaminants.— (1) In general.— The Administrator shall include each substance described in paragraph (2) in the fifth publication of the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)). (2) Substances described.— The substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances— (A) for which a method to measure the level in drinking water has been validated by the Administrator; and (B) that are not subject to a national primary drinking water regulation. (3) Exception.— The perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances included in the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)) under paragraph (1) shall not count towards the limit of 30 unregulated contaminants to be monitored by public water systems under that section. (b) Applicability.— (1) In general.— The Administrator shall— (A) require public water systems serving more than 10,000 persons to monitor for the substances described in subsection (a)(2); (B) subject to paragraph (2) and the availability of appropriations, require public water systems serving not fewer than 3,300 and not more than 10,000 persons to monitor for the substances described in subsection (a)(2); and (C) subject to paragraph (2) and the availability of appropriations, ensure that only a representative sample of public water systems serving fewer than 3,300 persons are required to monitor for the substances described in subsection (a)(2). (2) Requirement.— If the Administrator determines that there is not sufficient laboratory capacity to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1), the Administrator may waive the monitoring requirements in those subparagraphs. (3) Funds.— The Administrator shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1) using— (A) funds made available pursuant to subsection (a)(2)(H) or subsection (j)(5) of section 1445 of the Safe Drinking Water Act (42 U.S.C. 300j–4); or (B) any other funds made available for that purpose.
1 of 1 references resolved to an enrolled provision