UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     GUIDANCE FROM HOTLINE COMPENDIUM
                                                                               WSGH52
                                                                    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.

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