ILLINOIS POLLUTION CONTROL
    BOARD
    November 15,
    1979
    TRIVOLI PUBLIC WATER DISTRICT,
    Petitioner,
    v.
    )
    PCB 79—198
    ENVIRONMENTAL PROTECTION AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by Dr. Satchell):
    This matter comes before the Pollution Control Board upon
    a variance petition filed on September 17,
    1979 by the Trivoli
    Public Water District in Trivoli, Peoria County.
    Petitioner
    requests
    a variance from the 2.0 mg/i limitation for fluoride
    in Rule 304(B) (4)
    of Chapter 6:
    Public Water. Supplies for a
    period of five years.
    The Environmental Protection Agency
    (Agency)
    filed a recommendation on October 19,
    1979.
    No hear-
    ing
    was
    held
    and
    no
    comment
    has
    been
    received.
    The
    Trivoli
    Public
    Water
    District (District)
    was formed in
    1970 to replace
    the
    unreliable
    private
    wells
    serving each home
    in an unincorporated community.
    With the aid of local volunteer
    help and a forty year loan of $130,000
    from the Farmers Home
    Administration
    (FHA)
    the well and distribution system was con-
    structed.
    Petitioner presently serves
    105 homes and businesses
    with the total income used to cover loan payments, operating
    expenses and depreciation.
    Because of high loan costs,
    the
    water rate charges are substantially higher than those of ad-
    jacent communities.
    Petitioner’s loan costs will continue until
    2010; no reduction in expenses
    is expected until then.
    Petitioner’s average fluoride concentration as of May 24,
    1979 was 3.85 mg/i.
    This exceeds the standard of 2.0 mg/i.
    The
    estimated cost of equipment for fluoride removal
    is $124,000.
    The operation and maintenance cost is estimated at $2900.
    Pet-
    itioner still owes FHA approximately $123,000.
    Petitioner asserts
    that with these high costs, the charges to the water customer
    would exceed the benefits and most homes would likely return to
    private wells.
    With this loss of revenue,
    the District could not
    operate the system and this result, Petitioner asserts,
    is not in
    the best interest of the public or the environment.
    The Agency
    agrees with this analysis and notes that similar effects have
    been observed previously.
    1 /~
    1

    —2—
    The Agency agrees with Petitioner’s allegations and further
    notes that fluoride removal equipment is difficult to operate
    and control.
    The Board has recognized the problems presented
    by fluoride removal treatment in PCB 77—349, PCB 78—53 and PCB
    78—218.
    The Agency agrees that the level of fluoride present in the
    Petitioner’s water supply presents no public health danger.
    Re-
    garding fluoride the (JSEPA guidance document states that aside
    from dental mottling “at levels up to
    8 mg/l
    (and possibly higher)
    there have been no other known harmful effects on adults drinking
    such water.”
    The document further states,
    “While additional
    studies are being conducted by EPA and the National Institute for
    Dental Research, exemptions should be readily available up to
    about four times the optimal, providing it can be shown that
    water related excess moderate—to—severe fluorosis is not evident.”
    The Agency believes that Petitioner’s fluoride concentration,
    although above the current standard,
    is sufficiently low as to not
    require
    an epidemiological
    study as to the presence of fluorosis
    in the community.
    The Agency believes that at the level of fluor-
    ide
    in Petitioner’s water there should be no noticeable fluorosis
    in the community or,
    if it is present, it should be at barely
    noticeable levels.
    The Agency, along with the Department of Public Health and
    other states which are similarly affected,
    has urged USEPA to
    raise the applicable level of fluoride to four times the optimal
    level to approximately 4.0 mg/l.
    The Agency
    is not certain
    whether USEPA will raise the allowable level of fluoride; however,
    it does believe that Congress will extend the deadline for exemp-
    tions under the Safe Drinking Water Act from the current date of
    January
    1,
    1981.
    The Agency has received primacy of enforcement
    of the Safe Drinking Water Act from USEPA as of September 30, 1979,
    under the provisions
    of which the state must maintain
    a program at
    least as stringent as that of the federal government.
    The Agency does recommend granting this variance with certain
    conditions.
    There is a lack of any demonstrated adverse health
    effects from the level of fluoride present in Petitioner’s water.
    The cost is high and the treatment available
    is apparently unre-
    liable.
    There is a liklihood that the standards will be changed
    or the time for compliance extended.
    The Board agrees with the Agency.
    Requiring Petitioner to
    comply with the standard at this time would constitute
    an arbitrary
    and unreasonable hardship upon Petitioner.
    The Board will grant
    the requested variance until January
    1,
    1981 subject to the Agency’s
    conditions.
    36—142

    —3—
    This
    Opinion constitutes the Board’s findings of fact and
    conclusions
    of law in this matter.
    ORDER
    It
    is
    the
    Order
    of
    the
    Pollution
    Control
    Board
    that
    the
    Trivoli
    Water
    District
    is
    granted
    a
    variance
    from
    the
    2.0
    mg/i
    standard
    for
    fluoride
    in
    Rule
    304(B)
    (4)
    of Chapter 6:
    Public
    Water Supplies until January
    1,
    1981,
    subject to the following
    conditions:
    1.
    Subject to changes which may occur in the federal require-
    ments, Petitioner will present to the Agency for its
    approval, within 150 days of the Order herein,
    a program
    to bring the supply into compliance with the fluoride
    standards by January
    1,
    1981.
    2.
    Within forty—five days of the date of this Order, Petitioner
    shall execute and forward to the Illinois Environmental Pro-
    tection Agency,
    Variance Section, 2200 Churchill Road,
    Springfield, Illinois 62706,
    a Certificate of Acceptance and
    Agreement to be bound to all terms and conditions of this
    variance.
    This forty-five day period shall be held in
    abeyance
    for
    any
    period
    this
    matter
    is
    being
    appealed.
    The
    form
    of
    the
    certificate
    shall
    be
    as
    follows:
    CERTIFICATION
    I,
    (We),
    _______________________________, having
    read and fully understanding the Order in PCB 79-198, hereby
    accept that Order and agree to be bound by all of its terms
    and conditions.
    SIGNED
    TITLE
    DATE
    Mr. Goodman abstained.
    36—143

    —4—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control
    Board,
    hereby
    certify
    the
    above
    Opinion
    and
    Order
    were
    adoated
    on
    the
    /~~‘
    day
    of
    ~
    ,
    1979
    by
    a
    vote
    36—144

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