South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-58.9 - Variances and Exemptions
Section 61-58.9.E - Variances from the Maximum Contaminant Level for Fluoride

(1) The following are identified as the best technology, treatment techniques or other means generally available for achieving compliance with the maximum contaminant level for fluoride:

(2) The Department will consider a request for a variance from the maximum contaminant level for fluoride only from a community water system which has installed the best available technology or treatment method specified in paragraph (1) above unless the Department determines that such treatment method is not available and effective for fluoride control for the system. A treatment method will 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. The Department's determination as to the availability and effectiveness of such treatment methods will 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 Department will 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.

(3) Pursuant to R.61-58.9(B)(4)(c)(B)(4)(c)-(g), the Department will issue a schedule of compliance that may 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 and, 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:

(4) If the Department determines that a treatment method identified in paragraph (3) above 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 Department will require the system to install and/or use that treatment method in connection with its compliance schedule. The Department's determination will be based upon studies by the system and other relevant information.