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Minnesota Fluoridation Law- Rule Variance

 Date:         May 21, 2015

 

To:            Municipal Community Public Water Supply Owners and Water Superintendents

 

From:       Karla Peterson, P.E., Supervisor, Community Public Water Supply Unit, MDH

 

Phone:      651/201-4679

 

Subject:    Minnesota Fluoridation Law - Rule Variance Process

 

 

Please read this entire message to find out how you can apply to the Minnesota Department of Health (MDH) for a variance on the fluoride concentration your municipal public water supply system must supply.  The variance will allow you to lower the fluoride concentration in your public drinking water to be at an average of 0.7 mg/L, within the range of 0.5 to 0.9 mg/L.   

On April 27, 2015, the United States Department of Health & Human Services (HHS) (and Centers for Disease Control and Prevention (CDC)) finalized new guidance which recommends a single national fluoride level of 0.7 mg/L at community public water supplies.

The updated HHS and CDC recommendation was based on recent U.S. Environmental Protection Agency and HHS scientific assessments to balance the benefits of preventing tooth decay while limiting any potential negative health effects of high fluoride consumption, specifically dental fluorosis. Dental fluorosis, a discoloration of the tooth surface that may range from barely discernable markings to brown stains to surface pitting, may occur when excessive fluoride is consumed during tooth development (usually before age 8).

In light of this new optimal fluoride concentration in drinking water recently proposed by the HHS and CDC, MDH will begin a formal rulemaking process in the future to make changes to Minnesota Rule 4720.0030, which states:

 Fluoride content. The fluoride content of the water shall be controlled to maintain an average concentration of 1.2 milligrams per liter; the concentration shall be neither less than 0.9 milligrams per liter nor more than 1.5 milligrams per liter.

In the meantime, MDH is allowing systems to apply for a variance to the current rule as allowed byMinnesota Statute 14.055, which states that “a person or entity may petition an agency for a variance from a rule adopted by the agency, as it applies to the circumstances of the petitioner.”  It also states:

 

Discretionary variances. An agency may grant a variance if the agency finds that:

(1) application of the rule to the petitioner would result in hardship or injustice;

(2) variance from the rule would be consistent with the public interest; and

(3) variance from the rule would not prejudice the substantial legal or economic rights of any person or entity

 

Municipal public water suppy (PWS) owners interested in maintaining a lower optimal fluoride concentration in drinking water, at an average of 0.7 mg/L within the range of 0.5 to 0.9 mg/L, can request a discretionary variance to Rule 4720.0030 by submitting the information below. 

Please contact 651-201-4700 or health.drinkingwateradvisory@state.mn.us with any questions.

 

 

 

Date:         August 3, 2015

 

To:            Consecutive Community Public Water 4263a8788c76406e25fea0e0a0778a08s)

 

From:       Lincoln-Pipestone Rural Water (Wholesale Community Public Water System)

 

Subject:    Minnesota Fluoridation Law - Rule Variance

 

 

On April 27, 2015, the United States Department of Health & Human Services (HHS) (and Centers for Disease Control and Prevention (CDC)) finalized new guidance which recommends a single national fluoride level of 0.7 mg/L at community public water supplies. The updated HHS and CDC recommendation was based on recent U.S. Environmental Protection Agency and HHS scientific assessments to balance the benefits of preventing tooth decay while limiting any potential negative health effects of high fluoride consumption, specifically dental fluorosis.

In light of this new optimal fluoride concentration recommendation, the Minnesota Department of Health (MDH) will begin a formal rulemaking process in the future to make changes to Minnesota Rule 4720.0030, which currently states:

Fluoride content. The fluoride content of the water shall be controlled to maintain an average concentration of 1.2 milligrams per liter; the concentration shall be neither less than 0.9 milligrams per liter nor more than 1.5 milligrams per liter.

In anticipation of the formal rule change, our PWS requested a discretionary variance to the current rule, as allowed by Minnesota Statute 14.055, on July 14, 2015. The variance request was approved by the MDH on July 14, 2015.  Copies of the variance request and approval are attached to this letter. As described by the variance, we intend to maintain an average fluoride concentration of 0.7 mg/L, within a range of 0.5 to 0.9 mg/Lbeginning on September 1, 2015.   

We are notifying you about this fluoridation variance because you purchase some or all of your drinking water from our PWS. The approved variance is applicable to any consecutive PWS which purchases all drinking water from our PWS.  If your distribution contains mixtures of water from our PWS and other sources, we recommend you contact the MDH at 651-201-4700 or health.drinkingwateradvisory@state.mn.us  in order to determine how our variance affects your compliance status. 

We also recommend that you communicate with your local dental providers of this change.

 

 

Sincerely,

 

Jason Overby

 

Jason Overby

Operations Manager

Lincoln-Pipestone Rural Water System

415 E. Benton St, PO Box 188

Lake Benton, MN  56149

(507)368-4248

lprwgis@itctel.com

 

 

Variance Approval

 

To Whom it May Concern:

 

“MDH has received and reviewed your request for a variance to Minnesota Rule 4720.0030.  Your variance request is approved to provide fluoride in your public drinking water at an average concentration of 0.7 mg/L, within the range of 0.5 to 0.9 mg/L.  This approval is effective immediately.”

 

David Rindal

Minnesota Department of Health

Community Public Water Supply Unit

Phone 651/201-4660