--- kind: "section" citation: "42 U.S.C. § 300g–8" title: "42" title_heading: "The Public Health and Welfare" number: "300g–8" heading: "Operator certification" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/300g-8" units: - "Chapter 6A — Public Health Service" - "Subchapter XII — Safety of Public Water Systems" - "Part B — Public Water Systems" --- # §300g–8. Operator certification - (a) **Guidelines—** Not later than 30 months after August 6, 1996, and in cooperation with the [States](/usc/42/201.md?p=f), the [Administrator](/usc/42/4005.md?p=1) shall publish guidelines in the Federal Register, after notice and opportunity for comment from interested persons, including [States](/usc/42/201.md?p=f) and public water systems, specifying minimum standards for certification (and recertification) of the operators of community and nontransient noncommunity public water systems. Such guidelines shall take into account existing [State](/usc/42/201.md?p=f) [programs](/usc/42/274l–1.md?p=4), the complexity of the system, and other factors aimed at providing an effective [program](/usc/42/274l–1.md?p=4) at reasonable cost to [States](/usc/42/201.md?p=f) and public water systems, taking into account the size of the system. - (b) **State programs—** Beginning 2 years after the date on which the [Administrator](/usc/42/4005.md?p=1) publishes guidelines under [subsection (a)](#a), the [Administrator](/usc/42/4005.md?p=1) shall withhold 20 percent of the funds a [State](/usc/42/201.md?p=f) is otherwise entitled to receive under [section 300j–12 of this title](/usc/42/300j–12.md) unless the [State](/usc/42/201.md?p=f) has adopted and is implementing a [program](/usc/42/274l–1.md?p=4) for the certification of operators of community and nontransient noncommunity public water systems that meets the requirements of the guidelines published pursuant to [subsection (a)](#a) or that has been submitted in compliance with [subsection (c)](#c) and that has not been disapproved. - (c) **Existing programs—** For any [State](/usc/42/201.md?p=f) exercising primary enforcement responsibility for public water systems or any other [State](/usc/42/201.md?p=f) which has an operator certification [program](/usc/42/274l–1.md?p=4), the guidelines under [subsection (a)](#a) shall allow the [State](/usc/42/201.md?p=f) to enforce such [program](/usc/42/274l–1.md?p=4) in lieu of the guidelines under [subsection (a)](#a) if the [State](/usc/42/201.md?p=f) submits the [program](/usc/42/274l–1.md?p=4) to the [Administrator](/usc/42/4005.md?p=1) within 18 months after the publication of the guidelines unless the [Administrator](/usc/42/4005.md?p=1) determines (within 9 months after the [State](/usc/42/201.md?p=f) submits the [program](/usc/42/274l–1.md?p=4) to the [Administrator](/usc/42/4005.md?p=1)) that such [program](/usc/42/274l–1.md?p=4) is not substantially equivalent to such guidelines. In making this determination, an existing [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) shall be presumed to be substantially equivalent to the guidelines, notwithstanding [program](/usc/42/274l–1.md?p=4) differences, based on the size of systems or the quality of source water, providing the [State](/usc/42/201.md?p=f) [program](/usc/42/274l–1.md?p=4) meets the overall public health objectives of the guidelines. If disapproved, the [program](/usc/42/274l–1.md?p=4) may be resubmitted within 6 months after receipt of notice of disapproval. - (d) **Expense reimbursement—** - (1) **In general—** The [Administrator](/usc/42/4005.md?p=1) shall provide reimbursement for the costs of training, including an appropriate per diem for unsalaried operators, and certification for persons operating systems serving 3,300 persons or fewer that are required to undergo training pursuant to this section. - (2) **State grants—** The reimbursement shall be provided through grants to [States](/usc/42/201.md?p=f) with each [State](/usc/42/201.md?p=f) receiving an amount sufficient to cover the reasonable costs for training all such operators in the [State](/usc/42/201.md?p=f), as determined by the [Administrator](/usc/42/4005.md?p=1), to the extent required by this section. Grants received by a [State](/usc/42/201.md?p=f) pursuant to this paragraph shall first be used to provide reimbursement for training and certification costs of persons operating systems serving 3,300 persons or fewer. If a [State](/usc/42/201.md?p=f) has reimbursed all such costs, the [State](/usc/42/201.md?p=f) may, after notice to the [Administrator](/usc/42/4005.md?p=1), use any remaining funds from the grant for any of the other purposes authorized for grants under [section 300j–12 of this title](/usc/42/300j–12.md). - (3) **Authorization—** There are authorized to be appropriated to the [Administrator](/usc/42/4005.md?p=1) to provide grants for reimbursement under this section $30,000,000 for each of fiscal years 1997 through 2003. - (4) **Reservation—** If the appropriation made pursuant to [paragraph (3)](#d-3) for any fiscal year is not sufficient to satisfy the requirements of [paragraph (1)](#d-1), the [Administrator](/usc/42/4005.md?p=1) shall, prior to any other [allocation](/usc/42/2021b.md?p=2) or reservation, reserve such sums as necessary from the funds appropriated pursuant to [section 300j–12(m) of this title](/usc/42/300j–12.md?p=m) to provide reimbursement for the training and certification costs mandated by this subsection. ## Source credit (July 1, 1944, ch. 373, title XIV, § 1419, as added Pub. L. 104–182, title I, § 123, Aug. 6, 1996, 110 Stat. 1652.)