The goal of the Environmental Protection Agency’s new amalgam separator rule is to reduce the amount of mercury discharging from dental offices into Publicly-Owned Treatment Works (POTW), where wastewater is treated.
Why are dentists being specifically targeted in this Clean Water Act rule? Because up until now, the American dental industry has been responsible for roughly 40 percent — or approximately 5.1 tons — of mercury found in American public waterways. It mainly comes from the removal or replacement of silver, zinc, copper or tin amalgam fillings that typically contain up to 50 percent mercury in them.
Why mercury is bad
Scientists say mercury messes with the reproductive and neurological systems of wildlife. Humans with long-term exposure to mercury also report damage to their central nervous system. In light of this, and due to the fact that a voluntary mercury reduction program failed, the EPA, the American Dental Association as well as other authorities, joined to regulate dental amalgam in order to reduce mercury in America’s waterways.
Does my dental office have to comply with the new amalgam rule?
Facilities specializing in oral pathology, oral and maxillofacial radiology, oral and maxillofacial surgery, orthodontics, periodontics or prosthodontics are exempt from the new amalgam rule. Also, if you have a mobile dental unit that has its own water treatment system or your dental office discharges into a septic system rather than a POTW, you do not need to take action on the new separator rule.
However, if dentistry is practiced at your facility and wastewater discharges into a public wastewater treatment plant, you will be impacted by this rule. This includes whether your facility is an educational institution, permanent or temporary office, clinic, home office or organization owned and operated by Federal, state or local government.
Dental offices that must comply have three years to transition from the effective date of the July 14, 2017, amalgam rule. So, by July 14, 2020, dental offices must have an accredited amalgam separator and follow these best management practices recommended by the ADA (link to Effluent Limitations Guidelines and Standards for the Dental Category).
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About the Writers:
Chris Wall is general manager North America for medentex LLC, specializing in the professional and compliant disposal and recycling of dental waste. James Fitzpatrick is CEO of Madison Environmental Resourcing Inc., (MERI), a medical waste disposal company which offers mendentex’s amalgam disposal mailback kits.
I thought if we were in the EPA phase III great lakes drainage basin, we had to comply much sooner.
You are correct and raise a challenging question of how the EPA Federal rule affects dental offices in currently regulated states or localities.
Various counties and cities in WI have already passed amalgam regulations, including Milwaukee in February, 2008 and Madison in December 2008. But not all did, so this EPA rule impacts all dentists through WI.
The general rule is that the “higher standard” always wins. Consider the EPA Federal rule as the base line to be followed. Specifically covering: separator standards; operating procedures, BMP’s, record keeping and the 1 x compliance report that must be sent to your control authority. If the local regulations are silent on a topic, like record keeping, the EPA Federal rule applies.
If the local regulations have a higher standard, which can include a higher ISO separation standard, or an earlier compliance date, the local regulations are applicable.