§300j–24 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The EPA Administrator must send states, within 100 days after October 31, 1988, a list of every brand and model of drinking water cooler the EPA identified. The Administrator must also create and send a guidance document and a testing protocol within the same 100 days. Those materials must help public water systems, schools, and the public find the source and level of lead in school drinking water, preserve samples, test coolers, and fix contamination. Each state must give the guidance, testing protocol, and cooler list to local school districts, private nonprofit K–12 schools, and day care centers. Definitions: "child care program" means an early childhood education program under federal education law. "Local educational agency" means a school district, a tribal education agency, or a person that runs a child care facility. By 180 days after December 16, 2016, the Administrator must set up a voluntary grant program for lead testing, monitoring, and cleanup at schools and child care programs. Grants can go to states (to help school districts, public water systems that serve schools and child care, and qualified nonprofits) and to tribal consortia (to help tribal education agencies and related systems). The Administrator can also give grants directly to certain school districts, tribal education agencies, public water systems in nonparticipating states, or qualified nonprofits. Starting no later than 1 year after October 23, 2018, the Administrator must offer technical help to grant recipients on finding lead sources, finding other grants or financing, and connecting with nonprofits. Applicants must apply as the Administrator requires. Priority goes to work in low-income areas. No more than 4% of grant money per year may be used for administrative costs. Grant recipients must follow EPA’s "3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance" (October 2006) or state/tribal rules that are at least as strict, make test results available for public inspection (and online when possible), and notify parent, teacher, and employee organizations. Grant funds must not replace other available federal, state, or private money. Authorized funding: $30,000,000 for FY2022; $35,000,000 for FY2023; $40,000,000 for FY2024; $45,000,000 for FY2025; and $50,000,000 for FY2026.

Title 42, §300j–24

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Within 100 days after October 31, 1988, the Administrator shall distribute to the States a list of each brand and model of drinking water cooler identified and listed by the Administrator under section 300j–23(a) of this title.

(b)The Administrator shall publish a guidance document and a testing protocol to assist public water systems and schools in determining the source and degree of lead contamination in school drinking water supplies and in remedying such contamination. The guidance document shall include guidelines for sample preservation. The guidance document shall also include guidance to assist States, schools, public water systems, and the general public in ascertaining the levels of lead contamination in drinking water coolers and in taking appropriate action to reduce or eliminate such contamination. The guidance document shall contain a testing protocol for the identification of drinking water coolers which contribute to lead contamination in drinking water. Such document and protocol may be revised, republished and redistributed as the Administrator deems necessary. The Administrator shall distribute the guidance document and testing protocol to the States within 100 days after October 31, 1988.

(c)Each State shall provide for the dissemination to local educational agencies, private nonprofit elementary or secondary schools and to day care centers of the guidance document and testing protocol published under subsection (b), together with the list of drinking water coolers published under section 300j–23(a) of this title.

(d)(1)In this subsection:

(A)The term “child care program” has the meaning given the term “early childhood education program” in section 1003(8) of title 20.

(B)The term “local educational agency” means—

(i)a local educational agency (as defined in section 7801 of title 20);

(ii)a tribal education agency (as defined in section 5502 of title 20); and

(iii)a person that owns or operates a child care program facility.

(2)(A)Not later than 180 days after December 16, 2016, the Administrator shall establish a voluntary school and child care program lead testing, compliance monitoring, and lead reduction grant program to make grants available to—

(i)States to assist local educational agencies, public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those local educational agencies; and

(ii)tribal consortia to assist tribal education agencies (as defined in section 5502 of title 20), public water systems that serve schools and child care programs under the jurisdiction of those tribal education agencies, and qualified nonprofit organizations in voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water at schools and child care programs under the jurisdiction of those tribal education agencies.

(B)The Administrator may make a grant for the voluntary testing or compliance monitoring for or remediation of lead contamination described in subparagraph (A) directly available to—

(i)any local educational agency described in clause (i) or (iii) of paragraph (1)(B) located in a State that does not participate in the voluntary grant program established under subparagraph (A);

(ii)any local educational agency described in clause (ii) of paragraph (1)(B);

(iii)any public water system that is located in a State that does not participate in the voluntary grant program established under subparagraph (A) that—

(I)assists schools or child care programs in lead testing;

(II)assists schools or child care programs with compliance monitoring;

(III)assists schools with carrying out projects to remediate lead contamination in drinking water; or

(IV)provides technical assistance to schools or child care programs in carrying out lead testing; or

(iv)a qualified nonprofit organization, as determined by the Administrator.

(C)In carrying out the grant program under subparagraph (A), beginning not later than 1 year after October 23, 2018, the Administrator shall provide technical assistance to recipients of grants under this subsection—

(i)to assist in identifying the source of lead contamination in drinking water at schools and child care programs under the jurisdiction of the grant recipient;

(ii)to assist in identifying and applying for other Federal and State grant programs that may assist the grant recipient in eliminating lead contamination described in clause (i);

(iii)to provide information on other financing options in eliminating lead contamination described in clause (i); and

(iv)to connect grant recipients with nonprofit and other organizations that may be able to assist with the elimination of lead contamination described in clause (i).

(3)To be eligible to receive a grant under this subsection, a State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.

(4)In making grants under this subsection, the Administrator shall give priority to States, local educational agencies, public water systems, tribal consortia, and qualified nonprofit organizations that will assist in voluntary testing for or the remediation of lead contamination in drinking water at schools and child care programs that are in low-income areas.

(5)Not more than 4 percent of grant funds accepted by a State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization for a fiscal year under this subsection shall be used to pay the administrative costs of carrying out this subsection.

(6)As a condition of receiving a grant under this subsection, the recipient State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization shall ensure that each local educational agency, public water system, tribal consortium, or qualified nonprofit organization to which grant funds are distributed shall—

(A)expend grant funds in accordance with—

(i)the guidance of the Environmental Protection Agency entitled “3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance” and dated October 2006 (or any successor guidance); or

(ii)applicable State or tribal regulations or guidance regarding voluntary testing or compliance monitoring for and remediation of lead contamination in drinking water in schools and child care programs that are not less stringent than the guidance referred to in clause (i); and

(B)(i)make available, if applicable, in the administrative offices and, to the extent practicable, on the Internet website of the applicable local educational agency for inspection by the public (including teachers, other school personnel, and parents) a copy of the results of any voluntary testing for lead contamination in school and child care program drinking water carried out using grant funds under this subsection; and

(ii)notify parent, teacher, and employee organizations of the availability of the results described in clause (i).

(7)If resources are available to a State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization from any other Federal agency, a State, or a private foundation for testing or compliance monitoring for or remediation of lead contamination in drinking water, the State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization shall demonstrate that the funds provided under this subsection will not displace those resources.

(8)There are authorized to be appropriated to carry out this subsection—

(A)$30,000,000 for fiscal year 2022;

(B)$35,000,000 for fiscal year 2023;

(C)$40,000,000 for fiscal year 2024;

(D)$45,000,000 for fiscal year 2025; and

(E)$50,000,000 for fiscal year 2026.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 117–58, § 50110(1), inserted “public water systems and” after “protocol to assist” and “public water systems,” after “schools,”. Subsec. (d). Pub. L. 117–58, § 50110(2)(A), inserted “and reduction” after “lead testing” in heading. Subsec. (d)(2)(A). Pub. L. 117–58, § 50110(2)(B)(i), substituted “the Administrator shall establish a voluntary school and child care program lead testing, compliance monitoring, and lead reduction grant program to make grants available to—” and cls. (i) and (ii) for “the Administrator shall establish a voluntary school and child care program lead testing grant program to make grants available to States to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of the local educational agencies.” Subsec. (d)(2)(B). Pub. L. 117–58, § 50110(2)(B)(ii)(I), inserted “or compliance monitoring for or remediation of lead contamination” after “voluntary testing” in introductory provisions. Subsec. (d)(2)(B)(iii), (iv). Pub. L. 117–58, § 50110(2)(B)(ii)(II)–(IV), added cls. (iii) and (iv). Subsec. (d)(3). Pub. L. 117–58, § 50110(2)(C), substituted “State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization” for “State or local educational agency”. Subsec. (d)(4). Pub. L. 117–58, § 50110(2)(D), substituted “States, local educational agencies, public water systems, tribal consortia, and qualified nonprofit organizations” for “States and local educational agencies” and inserted “or the remediation of” after “testing for”. Subsec. (d)(5). Pub. L. 117–58, § 50110(2)(C), substituted “State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization” for “State or local educational agency”. Subsec. (d)(6). Pub. L. 117–58, § 50110(2)(E)(i)(II), inserted “, public water system, tribal consortium, or qualified nonprofit organization” after “each local educational agency” in introductory provisions. Pub. L. 117–58, § 50110(2)(E)(i)(I), which directed substitution of “State, local educational agency, public water system, tribal consortium, or qualified nonprofit agency” for “State or local educational agency” in introductory provisions, could not be executed because of the intervening amendment by Pub. L. 117–58, § 50110(2)(C). See Amendment note below. Pub. L. 117–58, § 50110(2)(C), substituted “State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization” for “State or local educational agency” in introductory provisions. Subsec. (d)(6)(A)(ii). Pub. L. 117–58, § 50110(2)(E)(ii), inserted “or tribal” after “applicable State” and substituted “voluntary testing or compliance monitoring for and remediation of lead contamination” for “reducing lead”. Subsec. (d)(6)(B)(i). Pub. L. 117–58, § 50110(2)(E)(iii), inserted “applicable” before “local educational agency”. Subsec. (d)(7). Pub. L. 117–58, § 50110(2)(C), (F), substituted “State, local educational agency, public water system, tribal consortium, or qualified nonprofit organization” for “State or local educational agency” in two places and “testing or compliance monitoring for or remediation of” for “testing for”. Subsec. (d)(8). Pub. L. 117–58, § 50110(2)(G), added par. (8) and struck out former par. (8). Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2017 through 2019, and $25,000,000 for each of fiscal years 2020 and 2021.” 2018—Subsec. (d)(2)(C). Pub. L. 115–270, § 2006(a)(1), added subpar. (C). Subsec. (d)(4) to (7). Pub. L. 115–270, § 2006(a)(2), (3), added par. (4) and redesignated former pars. (4) to (6) as (5) to (7), respectively. Former par. (7) redesignated (8). Subsec. (d)(8). Pub. L. 115–270, § 2006(a)(2), (4), redesignated par. (7) as (8) and substituted “are authorized” for “is authorized” and “2019, and $25,000,000 for each of fiscal years 2020 and 2021” for “2021”. 2016—Subsec. (d). Pub. L. 114–322 added subsec. (d) and struck out former subsec. (d) which related to a remedial action program to assist local educational agencies in testing for, and remedying, lead contamination in drinking water at schools. 1996—Pub. L. 104–182 made technical amendment to section catchline and subsec. (a) designation.

§300j–24 Lead contamination in school drinking water

Summary

Title 42, §300j–24

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata