Agenda - Public Works Committee - 06/16/2015

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Public Works Committee Meeting Date: 06/16/2015 Submitted For: Grant Riemer, Engineering/Public Works By: Grant Riemer, Engineering/Public Works Title: Minnesota Department of Health Variance on Fluoride Concentration in Drinking Water 6. 1. Purpose/Background: 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 by Minnesota 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 supply (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. The city of Ramsey utility department submitted our request for variance the week of 5/27/2015 Timeframe: 5 Minutes Observations/Alternatives: While this variance will help us reduce the amount of fluoride we inject into our drinking water and the quantity of fluoride we purchase, the extent of those savings is ultimately dependent on weather and consumer use. Funding Source: Utility Fund 9601 Recommendation: Informational onlv Action: