[Code of Federal Regulations]
[Title 40, Volume 19]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.61]

[Page 600-601]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142--NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of Contents
 
 Subpart G--Identification of Best Technology, Treatment Techniques or 
                     Other Means Generally Available
 
Sec. 142.61  Variances from the maximum contaminant level for fluoride.

    (a) The Administrator, pursuant to section 1415(a)(1)(A) of the Act, 
hereby identifies the following as the best technology, treatment 
techniques or other means generally available for achieving compliance 
with the Maximum Contaminant Level for fluoride.
    (1) Activated alumina absorption, centrally applied
    (2) Reverse osmosis, centrally applied
    (b) The Administrator in a state that does not have primary 
enforcement responsibility or a state with primary enforcement 
responsibility (primacy state) that issues variances shall require a 
community water system to install and/or use any treatment method 
identified in Sec. 142.61(a) as a condition for granting a variance 
unless the Administrator or the primacy state determines that such 
treatment method identified in Sec. 142.61(a) as a condition for 
granting a variance is not available and effective for fluoride control 
for the system. A treatment method shall not be considered to be 
``available and effective'' for an individual system if the treatment 
method would not be technically appropriate and technically feasible for 
that system. If, upon application by a system for a variance, the 
Administrator or primacy state that issues variances determines that 
none of the treatment methods identified in Sec. 142.61(a) are available 
and effective for the system, that system shall be entitled to a 
variance under the provisions of section

[[Page 601]]

1415(a)(1)(A) of the Act. The Administrator's or primacy state's 
determination as to the availability and effectiveness of such treatment 
methods shall be based upon studies by the system and other relevant 
information. If a system submits information to demonstrate that a 
treatment method is not available and effective for fluoride control for 
that system, the Administrator or primacy state shall make a finding 
whether this information supports a decision that such treatment method 
is not available and effective for that system before requiring 
installation and/or use of such treatment method.
    (c) Pursuant to Sec. 142.43 (c)-(g) or corresponding state 
regulations, the Administrator or primacy state that issues variances 
shall issue a schedule of compliance that may require the system being 
granted the variance to examine the following treatment methods (1) to 
determine the probability that any of these methods will significantly 
reduce the level of fluoride for that system, and (2) if such 
probability exists, to determine whether any of these methods are 
technically feasible and economically reasonable, and that the fluoride 
reductions obtained will be commensurate with the costs incurred with 
the installation and use of such treatment methods for that system:
    (1) Modification of lime softening;
    (2) Alum coagulation;
    (3) Electrodialysis;
    (4) Anion exchange resins;
    (5) Well field management;
    (6) Alternate source;
    (7) Regionalization.
    (d) If the Administrator or primary state that issues variances 
determines that a treatment method identified in Sec. 142.61(c) or other 
treatment method is technically feasible, economically reasonable, and 
will achieve fluoride reductions commensurate with the costs incurred 
with the installation and/or use of such treatment method for the 
system, the Administrator or primacy state shall require the system to 
install and/or use that treatment method in connection with a compliance 
schedule issued under the provisions of section 1415(a)(1)(A) of the 
Act. The Administrator's or primacy state's determination shall be based 
upon studies by the system and other relevant information.

[51 FR 11411, Apr. 2, 1986]