Lead Contamination Control Act of 1988
PL 100-572 (H.R.4939), enacted 10/31/1988

102 STAT. 2884 
PUBLIC LAW 100-572—OCT. 31, 1988 
Public Law 100-572 
100th Congress 
An Act 
Oct. 31, 1988 
[H.R. 4939] 
To amend the Safe Drinking Water Act to control lead in drinking water. 
Be it enacted by the Senate and House of Representatives of the 
Lead 
United States of America in Congress assembled. 
Contamination 
Control Act of 
SECTION 1. SHORT TITLE. 
1988 
Consumer 
This Act may be cited as the "Lead Contamination Control Act of 
protection. 
1988 . 
42 u s e 201 note. 
SEC. 2. LEAD IN DRINKING WATER COOLERS AND IN SCHOOL DRINKING 
WATER. 
(a) 
ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF 
DRINKING WATER.—The Safe Drinking Water Act (title XIV of the 
Public Health Service Act; 42 U.S.C. 300f and following) is amended 
by adding the following new part at the end thereof: 
"PART F—ADDITIONAL REQUIREMENTS TO REGULATE THE SAFETY OF 
DRINKING WATER 
42 u s e 300J-21. 
"SEC. 1461. DEFINITIONS. 
"As used in this part— 
"(1) DRINKING WATER COOLER.—The term 'drinking water 
cooler' means any mechanical device affixed to drinking water 
supply plumbing which actively cools water for 
human 
consumption. 
"(2) LEAD FREE.—The term 'lead free' means, with respect to a 
drinking water cooler, that each part or component of the cooler 
which may come in contact with drinking water contains not 
more than 8 percent lead, except that no drinking water cooler 
which contains any solder, flux, or storage tank interior surface 
which may come in contact with drinking water shall be consid-
ered lead free if the solder, flux, or storage tank interior surface 
contains more than 0.2 percent lead. The Administrator may 
establish more stringent requirements for treating any part or 
component of a drinking water cooler as lead free for purposes 
of this part whenever he determines that any such part may 
constitute an important source of lead in drinking water. 
"(3) LOCAL EDUCATIONAL AGENCY.—The term 'local edu-
cational agency' means— 
"(A) any local educational agency as defined in section 
198 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 3381), 
"(B) the owner of any private, nonprofit elementary or 
secondary school building, and 
"(C) the governing authority of any school operating 
under the defense dependent's education system provided 
for under the Defense Dependent's Education Act of 1978 
(20 U.S.C. 921 and following). 
PUBLIC LAW 100-572—OCT. 31, 1988 
102 STAT. 2885 
"(4) REPAIR.—^The term 'repair' means, with respect to a 
drinking water cooler, to take such corrective action as is 
necessary to ensure that water cooler is lead free. 
"(5) REPLACEMENT.—The term 'replacement', when used with 
respect to a drinking water cooler, means the permanent re-
moval of the water cooler and the installation of a lead free 
water cooler. 
"(6) SCHOOL.—The term 'school' means any elementary school 
or secondary school as defined in section 198 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 2854) and any 
kindergarten or day care facility. 
"(7) LEAD-UNED TANK.—The term 'lead-lined tank' means a 
water reservoir container in a drinking water cooler which 
container is constructed of lead or which has an interior surface 
which is not lead free. 
"SEC. 1462. RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED 
TANKS. 
"For purposes of the Consumer Product Safety Act, all drinking 
water coolers identified by the Administrator on the list under 
section 1463 as having a lead-lined tank shall be considered to be 
imminently hazardous consumer products within the meaning of 
section 12 of such Act (15 U.S.C. 2061). After notice and opportunity 
for comment, including a public hearing, the C!onsumer Product 
Safety O)mmission shall issue an order requiring the manufacturers 
and importers of such coolers to repair, replace, or recall and 
provide a refund for such coolers within 1 year after the enactment 
of the Lead Contamination Control Act of 1988. For purposes of 
enforcement, such order shall be treated as an order under section 
15(d) of that Act (15 U.S.C. 2064(d)). 
"SEC. 1463. DRINKING WATER COOLERS CONTAINING LEAD. 
"(a) PUBLICATION OF LISTS.—The Administrator shall, after notice 
and opportunity for public comment, identify each brand and model 
of drinking water cooler which is not lead free, including each brand 
and model of drinking water cooler which has a lead-lined tank. For 
purposes of identifying the brand and model of drinking water 
coolers under this subsection, the Administrator shall use the best 
information available to the Environmental Protection Agency. 
Within 100 days after the enactment of this section, the Adminis-
trator shall publish a list of each brand and model of drinking water 
cooler identified under this subsection. Such list shall separately 
identify each brand and model of cooler which has a lead-lined tank. 
The Administrator shall continue to gather information regarding 
lead in drinking water coolers and shall revise and republish the list 
from time to time as may be appropriate as new information or 
analysis becomes available regarding lead contamination in drink-
ing water coolers. 
"(b) PROHIBITION.—No person may sell in interstate commerce, or 
manufacture for sale in interstate commerce, any drinking water 
cooler listed under subsection (a) or any other drinking water cooler 
which is not lead free, including a lead-lined drinking water cooler. 
"(c) CRIMINAL PENALTY.—Any person who knowingly violates the 
prohibition contained in subsection (b) shall be imprisoned for not 
more than 5 years, or fined in accordance with title 18 of the United 
States (Dode, or both. 
42 use 300J-22. 
Business and 
industry. 
42 use 300J-23. 
Public 
information. 
102 STAT. 2886 
PUBLIC LAW 100-572—OCT. 31, 1988 
"(d) CIVIL PENALTY.—The Administrator may bring a civil action 
in the appropriate United States District Court (as determined 
under the provisions of title 28 of the United States Cbde) to impose 
a civil penalty on any person who violates subsection (b). In any such 
action the court mav impose on such person a civil penalty of not 
more than $5,000 ($50,000 in the case of a second or suteequent 
violation). 
42 u s e 300J-24. 
"SEC. 1464. LEAD CONTAMINATION IN SCHOOL DRINKING WATER. 
"(a) DISTRIBUTION OP DRINKING WATER COOLER LIST.—Within 100 
dajrs after the enactment of this section, 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 sec-
tion 1463(a). 
Public 
"(b) GUIDANCE DOCUMENT AND TESTING PROTOCOL.—The Adminis-
information. 
trator shall publish a guidance document and a testii^ protocol to 
assist schools in determining the source and d^ree of lead contami-
nation 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, 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 
State and local 
Administrator deems necessary. The Administrator shall distribute 
governments. 
the guidance dociunent and testing protocol to the States within 100 
davs after the enactment of this section. 
(c) DISSEMINATION TO SCHOOLS, ETC.—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 
0>), together with the list of dnnking water coolers published under 
section 1463(a). 
"(d) REMEDIAL ACTION PROGRAM.— 
state and local 
"(1) TESTING AND REMEDYING LEAD CONTAMINATION.—^Within 9 
governments. 
months after the enactment of this section, each State shall 
establish a program, consistent with this section, to assist local 
educational agencies in testing for, and remedying, lead 
contamination in drinking water from coolers and nrom other 
sources of lead contamination at schools under the jurisdiction 
of such agencies. 
"(2) PUBLIC AVAILABILITY.—A copy of the results of any testing 
under paragraph (1) shall be available in the administrative 
offices of the local educational agency for inspection by the 
public, including teachers, other school personnel, and parents. 
The local educational agency shall notify parent, teacher, and 
employee oiiganizations of the availability of such testing 
results. 
"(3) COOLERS.—^In the case of drinking water coolers, such 
program shall include measures for the reduction or elimi-
nation of lead contamination fix>m those water coolers which 
are not lead free and which are located in schools. Such meas-
ures shall be adequate to ensure that within 15 months after 
the enactment of this subsection all such water coolers in 
PUBLIC LAW 100-572—OCT. 31, 1988 
102 STAT. 2887 
schools under the jurisdiction of such agencies are repaired, 
replaced, permanently removed, or rendered inoperable unless 
the cooler is tested and found (within the limits of testing 
accuracy) not to contribute lead to drinking water. 
"SEC. 1465. FEDERAL ASSISTANCE FOR STATE PROGRAMS REGARDING 
42 USC 300J-25. 
LEAD CONTAMINATION IN SCHOOL DRINKING WATER. 
"(a) SCHOOL DRINKING WATER PROGRAMS.—The Administrator 
shall make grants to States to establish and carry out State pro-
grams under section 1464 to assist local educational agencies in 
testing for, and remedjdng, lead contamination in drinking water 
from drinking water coolers and from other sources of lead contami-
nation at schools under the jurisdiction of such agencies. Such 
grants may be used by States to reimburse local educational agen-
cies for expenses incurred after the enactment of this section for 
such testing and remedial action. 
"(b) LIMITS.—Each grant under this section shall be used as by the 
State for testing water coolers in accordance with section 1464, for 
testing for lead contamination in other drinking water supplies 
under section 1464, or for remedial action under State programs 
under section 1464. Not more than 5 percent of the grant may be 
used for program administration. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to carry out this section not more than $30,000,000 
for fiscal year 1989, $30,000,000 for fiscal year 1990, and $30,000,000 
for fiscal year 1991.". 
SEC. 3. LEAD POISONING PREVENTION PROGRAMS. 
The Public Health Service Act is amended by adding the following 
new section after section 317: 
"SEC. 317A. LEAD POISONING PREVENTION. 
42 USC 247b-l. 
"(a) GRANTS TO STATES.—The Secretary, acting through the Direc- Children and 
tor of the Centers for Disease Control, may make grants to States 
youth. 
and agencies of units of local governments for the initiation and 
expansion of community programs designed to (1) screen infants and 
children for elevated blood lead levels, (2) assure referral for treat-
ment of, and environmental intervention for, infants and children 
with such blood lead levels, and (3) provide education about child-
hood lead poisoning. In making grants under this paragraph, the 
Secretary shall give priority to applications for programs which will 
serve areas with a high incidence of elevated blood lead levels in 
infants and children. 
"0)) GRANT APPUCATIONS.—(1) No grant may be made under 
subsection (a), unless an application therefor has been submitted to, 
and approved by, the Secretary. Such an application shall be in such 
form and shall be submitted in such manner as the Secretary shall 
prescribe and shall include each of the following: 
"(A) A complete description of the program which is to be 
provided by or through the applicant. 
"(B) Assurances satisfactory to the Secretary that the pro-
gram to be provided under the grant applied for will include 
educational progrsmis designed to communicate to parents, edu-
cators, and local health officials the significance and prevalence 
of lead poisoning in infants and children which the program is 
designed to detect and prevent. 
102 STAT. 2888 
PUBLIC LAW 100-572—OCT. 31, 1988 
Children and 
"(C) Assurances satisfactory to the Secretary that the ap-
youth. 
plicant will report on a quarterly basis the number of infants 
and children screened for elevated blood lead levels, the number 
of infants and children who were found to have elevated blood 
lead levels, the number and type of medical referrals made for 
such infants and children, the outcome of such referrals, and 
other information to measure program effectiveness as required 
under paragraph (2). 
"(D) Assurances satisfactory to the Secretary that the ap-
plicant will make such reports respecting the program involved 
as the Secretary may require. 
"(E) Such other information as the Secretary may prescribe. 
Reports. 
"(2) The Secretary shall prepare and submit a report to the 
Committee on Energy and Commerce of the United States House of 
Representatives and to the Committee on Labor and Human Re-
sources of the United States Senate not later than one year after the 
enactment of this section, and annually thereafter, on the effective-
ness during the period reported on of the programs assisted under 
grants under sul^ection (a). 
"(c) MAINTENANCE OF EFFORT.—No grant may be made under 
subsection (a) unless the Secretary determines that there is satisfac-
tory assurance that Federal funds made available under such a 
grant for any period will be so used as to supplement and, to the 
extent practical, increase the level of State, local, and other non-
Federal funds that would, in the absence of such Federal funds, be 
made available for the program for which the grant is to be made 
and will in no event supplant such State, local, and other non-
Federal funds. 
"(d) 0)ORDiNATiON.—No grant may be made under subsection (a) 
unless the Secretary determines that there will be coordination 
between the recipient of the grant and activities within the State in 
which the grantee is located under titles V and XIX of the Social 
Security Act relating to lead poisoning prevention. 
"(e) METHOD AND AMOUNT OF PAYMENT.—The Secretary shall 
determine the amount of a grant made under subsection (a). Pay-
ments under such grants may be made in advance on the basis of 
estimates or by way of reimbursement, with necessary adjustments 
on account of underpayments or overpayments, and in such install-
ments and on such terms £md conditions as the Secretary finds 
necessary to carry out the purposes of such grants. Not more than 
10 percent of any grant may be obligated for administrative costs. 
"(f) SuppuES, EQUIPMENT, AND EMPLOYEE DETAIL.—The Secretary, 
at the request of a recipient of a grant under subsection (a), may 
reduce the amount of such grant by— 
"(1) the fair market value of any supplies or equipment 
furnished the grant recipient, and 
"(2) the amount of the pay, allowances, and travel expenses of 
any officer or employee of the (Jovemment when detailed to the 
grant recipient and the amount of any other costs incurred in 
connection with the detail of such officer or employee, 
when the furnishing of such supplies or equipment or the detail of 
such an officer or employee is for the convenience of and at the 
request of such grant recipient and for the purpose of carrying out a 
program with respect to which the grant under subsection (a) is 
made. The amount by which any such grant is so reduced shall be 
available for pa3mient by the Secretary of the costs incurred in 
furnishing the supplies or equipment, or in detailing the personnel, 
PUBLIC LAW 100-572—OCT. 31, 1988 
102 STAT. 2889 
on which the reduction of such grant is based, and such amount 
shall be deemed as part of the grant and shall be deemed to have 
been paid to the grant recipient. 
"(g) RECORDS.—Each recipient of a grant under subsection (a) shall 
keep such records as the Secretary shall prescribe, including records 
which fully disclose the amount and disposition by such recipient of 
the proceeds of such grant, the total cost of the undertaking in 
connection with which such grant was made, and the amount of that 
portion of the cost of the undertaking supplied by other sources, and 
such other records as will facilitate an effective audit. 
"(h) AUDIT AND EXAMINATION OF RECORDS.—The Secretary 
and 
the Comptroller General of the United States, or any of their duly 
authorized representatives, shall have access for the purpose of 
audit and examination to any books, documents, papers, and records 
of the recipient of a grant under subsection (a), that are pertinent to 
such grant. 
"(i) INDIAN TRIBES.—For purposes of this section, the term 'units 
of local government' includes Indian tribes. 
"(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to carry out this section not more than $20,000,000 
for fiscal year 1989, $22,000,000 for fiscal year 1990, and $24,000,000 
for fiscal year 1991.". 
SEC. 4. CERTIFICATION OF TESTING LABORATORIES. 
The Administrator of the Environmental Protection Agency shall 
assure that programs for the certification of testing laboratories 
which test drinking water supplies for lead contamination certify 
only those laboratories which provide reliable accurate testing. The 
Administrator (or the State in the case of a State to which certifi-
cation authority is delegated under this subsection) shall publish 
and make available to the public upon request the list of labora-
tories certified under this subsection. 
SEC. 5. CONFORMING AMENDMENT. 
Section 1445 of the Safe Drinking Water Act (title XIV of the 
Public Health Service Act) is amended by adding the following new 
subsection at the end thereof: 
"(f) 
INFORMATION REGARDING DRINKING WATER COOLERS.—The 
Administrator may utilize the authorities of this section for pur-
poses of part F. Any person who manufactures, imports, sells, or 
distributes drinking water coolers in interstate commerce shall be 
treated as a supplier of water for purposes of applying the provisions 
of this section in the case of persons subject to part F.". 
Approved October 31, 1988. 
Public 
information. 
42 u s e 300J-26. 
Public 
information. 
42 u s e 300J-4. 
Business and 
industry. 
LEGISLATIVE HISTORY—H.R. 4939: 
HOUSE REPORTS: No. 100-1041 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 5, considered and passed House. 
Oct. 14, considered and passed Senate.