Title 15Commerce and TradeRelease 119-73

§8911 Monitoring and detection

Title 15 › Chapter CHAPTER 115— - PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND EMERGING CONTAMINANTS › Subchapter SUBCHAPTER I— - DRINKING WATER › § 8911

Last updated Apr 6, 2026|Official source

Summary

The Administrator must add certain perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the fifth published list of unregulated contaminants to be monitored. These are PFAS that the Administrator can measure in drinking water (a validated test exists) and that are not already covered by a national drinking-water rule. Adding these PFAS will not count toward the 30-contaminant cap on unregulated monitoring. Public water systems that serve more than 10,000 people must test for these PFAS. Systems serving between 3,300 and 10,000 people must test if money and lab capacity are available. Only a representative sample of systems serving fewer than 3,300 people must test, also subject to money and lab capacity. The Administrator can waive the smaller-system testing if labs cannot handle it. The government will pay reasonable testing costs for the 3,300–10,000 and smaller systems using money made available under subsection (a)(2)(H) or subsection (j)(5) of section 300j–4 of title 42, or other money provided for that purpose.

Full Legal Text

Title 15, §8911

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)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.
(2)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)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.
(b)(1)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)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)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 300j–4 of title 42; or
(B)any other funds made available for that purpose.

Reference

Citations & Metadata

Citation

15 U.S.C. § 8911

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73