15A NCAC 18C .1606      VARIANCES FOR FLUORIDE

(a)  The following shall be 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 Division shall require a community water system to install and/or use any treatment method identified in (a) of this Rule as a condition for granting a variance unless it is determined that such a treatment method is not available and effective for fluoride control for the system.  A treatment method shall not be available and effective for a water system if the method would not be technically appropriate and technically feasible.  If upon application for a variance it is determined that no treatment method is available and effective then the water system shall be entitled to a variance.  A determination of availability and effectiveness of treatment methods shall be based upon studies by the water system and other relevant information.  A finding shall be made by the Division whether the information supports a decision that a treatment method is not available and effective before requiring installation and use of the treatment method.

(c)  The Division shall issue a compliance schedule that may require the water system to examine the following treatment methods to determine the probability that any method will significantly reduce the level of fluoride and to determine whether any method is technically feasible and economically reasonable and that the fluoride reduction obtained will be commensurate with the costs incurred with installation and use of the treatment methods:

(1)           Modification of lime softening;

(2)           Alum coagulation;

(3)           Electrodialysis;

(4)           Anion exchange resins;

(5)           Well field management;

(6)           Alternate source; and

(7)           Regionalization.

(d)  If the Division determines that a treatment method identified in (c) of this Rule or any other treatment method is technically feasible, economically reasonable, and will achieve fluoride reductions commensurate with the costs incurred with the installation and use of such treatment method for the system, the Division shall require the system to install and/or use that treatment method in connection with a compliance schedule.  The determination shall be based upon studies by the system and other relevant information.

History Note:        Authority G.S. 130A‑315; 130A‑321; P.L. 93‑523; 40 C.F.R. 142;

Eff. October 1, 1986;

Transferred and Recodified from 10 NCAC 10D .2512 Eff. April 4, 1990;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.