Title 15, Commerce and TradeRelease 119-110

§8911 Monitoring and Detection

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

Last updated Sep 22, 2026|Official source

Summary

EPA must add certain perfluoroalkyl and polyfluoroalkyl substances (PFAS) to its fifth list of unregulated contaminants to be monitored. The PFAS to be listed are those that the EPA can measure with a validated drinking-water test and that are not already covered by a national drinking-water rule. Those PFAS will not count toward the 30-contaminant limit for monitoring. Public water systems that serve more than 10,000 people must test for these PFAS. Systems serving 3,300 to 10,000 people, and a representative sample of systems serving fewer than 3,300 people, must test if funds and lab capacity are available. The EPA may waive the smaller-system testing if labs can’t handle it. The EPA will pay the reasonable testing costs for the smaller systems using available drinking-water program funds or other funds.

Full Legal Text

Title 15, §8911

Commerce and Trade, Source: USLM XML via OLRC

(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 300j–4(a)(2)(B)(i) of title 42.
(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 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)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 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 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110