UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     GUIDANCE FROM HOTLINE COMPENDIUM
                                                                              WSGH49
                                                                   Date Issued: July 1992


SUBJECT:   Variances and Exemptions for Fluoride Revised in the
             Phase II Rule

SOURCE:    Al Havinga, OGWDW

On April 2, 1986 EPA promulgated a National Revised Primary Drinking Water Regulation for
fluoride of 4.0 mg/1 (40 CFR § 141.62 (b)), and issued procedures by which public water systems
may obtain variances from the interim and revised fluoride standard.  Under the variance
procedure cited from 40 CFR §  142.61 (b), it states that the Administrator or primacy State "shall
require a public water system to install and/or use any treatment method identified in § 142.61 (a)
(activated alumina absorption, centrally applied or reverse osmosis, centrally applied), unless
none of the technologies are available or effective as a condition for granting a variance."  If the
system can not install technology identified in § 142.61 (a) because the technology is not
effective or is unavailable, the Administrator or primacy State may issue a variance.   This
variance allows a public water system to examine other methods of treatment to reduce the level
of fluoride in drinking water.

On January 30, 1991 (56 FR 3526) EPA promulgated or re-proposed National Primary Drinking
Water Regulations (Phase II Rule) for 38 contaminants.  New or revised maximum contaminant
levels (MCLs) for eight inorganic compounds now appear in § 141.62 with the existing MCL for
fluoride.   Additionally, in § 142.62 there are revisions to the variances and exemptions which
were established for the MCLs for organic chemicals as well as for eight new or revised
inorganic chemicals.   Section 142.62 (f) contains provisions which may require a public water
system to use bottled water, point of use devices, point of entry devices, or other means as a
condition for granting a variance or an exemption from the requirements of § 141.61 (a) and (c)
[the MCLs for organic contaminants] and § 141.62 [the MCLs for inorganic contaminants,
including fluoride].  Additional provisions and conditions for the use of bottled water as a
condition for receiving a variance or an exemption from the MCLs for organic  contaminants and
inorganic contaminants, including fluoride appear in § 142.62 (g).   The use of bottled water,
point of use devices, and point of entry devices was not a provision previously  allowed when
granting a variance for fluoride.

Was it EPA's intent to include fluoride in the revised provisions which allow the use of bottled
water, point of use devices, and point of entry devices  as a condition of granting variances and
exemptions for the new and revised inorganic MCLs?

       Response:

       Yes, it was EPA's intention to amend the existing provisions for granting a variance from
       the MCL for fluoride to include the use of bottled water, point of use devices,  and point
       of entry devices in § 142.62.  When making a reference to the new and  revised inorganic
       MCLs in §141.62, §142.62  (f) and (g) include fluoride.

-------