New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Ws - Division of Water
Chapter Env-Ws 300 - NEW HAMPSHIRE DRINKING WATER RULES
Part Env-Ws 346 - BEST AVAILABLE TREATMENT (BAT) FOR INORGANIC CHEMICALS
Section Env-Ws 346.03 - Variances from the Maximum Contaminant Level for Fluoride

(a) The following shall be the required best technology, treatment techniques, or other means generally available for achieving compliance with the MCLfor fluoride specified in Env-Ws 314.01 and Env-Ws 316.01:

(b) The department shall require a community water system to install and use any treatment method identified in (a), above, as a condition for granting a variance unless the department determines that such a treatment method is not available and effective for fluoride control for the system.

(c) 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 department determines that none of the treatment methods identified in (a), above, are available and effective for the system, the system shall be granted a variance as to the availability and effectiveness of such treatment methods based upon studies by the system and other relevant information.

(d) If a system submits information to demonstrate that a treatment method is not available and effective for fluoride control for that system, the department 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 use of such treatment method.

(e) Pursuant to Env-Ws 342.04, the department shall issue a schedule of compliance that shall require the system being granted the variance to examine the following treatment methods to determine the probability that any of these methods will significantly reduce the level of fluoride for that system:

(f) If such a probability exists, the system shall 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.

(g) If the department determines that a treatment method is available, the department shall require the system to install and use that treatment method in connection with a compliance schedule. The department's determination shall be based upon studies by the system and other relevant information.