Those dental offices that discharge to a POTW, hereafter dental dischargers (DD), to whom the rule is applicable (see below) must submit a one-time compliance report (OTCR). OTCR must be signed and certified by a responsible corporate officer, a general partner or proprietor if the DD is a partnership or sole proprietorship, or a duly authorized representative in accordance with the requirements of 40 CFR § 403.12(l). Additional reporting requirements can be found at § 441.50(a). Compliance dates are as follows:
- DD (under any ownership) defined as “existing source” that is discharging into POTW prior to July 14, 2017, must be in compliance with the standards by July 14, 2020, and submit an OTCR certifying such no later than October 12, 2020, or 90 days after a transfer of ownership.
- DD defined as “new source” whose first discharge to a POTW occurs after July 14, 2017, must be in compliance with the standards immediately and submit an OTCR certifying such within 90 days after first discharge to a POTW.
Installation of Amalgam Separators or Equivalent Device
Dental offices that place and/or remove amalgam are required to install an amalgam separator or an equivalent device. All amalgam separators installed after June 14, 2017, shall be sized to accommodate the maximum discharge rate of amalgam process wastewater and be compliant with 1) the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) with Technical Addendum (2011), 2) or the International Organization for Standardization (ISO) 11143 Standard (2008), or 3) subsequent versions so long as that version requires amalgam separators to achieve at least a 95 percent removal efficiency. Compliance with the 95 percent removal efficiency must be assessed by a laboratory that meets the requirements in § 441.30(a)(1)(i).
To determine whether your amalgam separators is compliant with ISO 11143 ANSI/ADA Standard No. 108, check your model at this website.
All amalgam separators installed on or prior to July 14, 2017, shall be replaced with an amalgam separator that meets these requirements by July 14, 2027, or when the amalgam separator breaks down, whichever comes first.
As long as the DD is in operation, or until ownership is transferred, the DD must maintain the OTCR and make it available for inspection in either physical or electronic form. DD or an agent or representative of the DD must document separator maintenance and make available for inspection in either physical or electronic form, for a minimum of three years, the following:
- Documentation of the date, person(s) conducting the inspection, and results of each inspection of the amalgam separator(s) or equivalent device(s), and a summary of follow-up actions, if needed.
- Documentation of amalgam retaining container or equivalent container replacement (including the date, as applicable).
- Documentation of all dates that collected dental amalgam is picked up or shipped for proper disposal in accordance with § 261.5(g)(3), and the name of the permitted or licensed treatment, storage or disposal facility receiving the amalgam retaining containers.
- Documentation of any repair or replacement of an amalgam separator or equivalent device, including the date, person(s) making the repair or replacement, and a description of the repair or replacement (including make and model).
- The manufacturer's operating manual for the current device.
Best Management Practices
DD must comply with two best management practices as specified in § 441.30(b) or § 441.40.
- Waste amalgam including, but not limited to, dental amalgam from chair-side traps, screens, vacuum pump filters, dental tools, cuspidors and collection devices, must not be discharged to a POTW (for example, municipal sewage system).
- Dental unit water lines, chair-side traps and vacuum lines that discharge amalgam process wastewater to a POTW must not be cleaned with oxidizing or acidic cleaners, including, but not limited to, bleach, chlorine, iodine and peroxide that have a pH lower than 6 or greater than 8 (in other words, cleaners that may increase the dissolution of mercury).