[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.61]

[Page 664-665]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
  Subpart G_Identification of Best Technology, Treatment Techniques or 
 
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

[[Page 665]]

    (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 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]