Amalgam separators regulations
There are only a few states that mandate installation of amalgam
separators but the list is likely to grow in the near future. The
initial impetus was from the publicly owned treatment works (POTW) or
sewer utilities. These POTW facilities are required to reduce the
levels of heavy metals in their bio-solids, the material that is
removed from the sewer as solids. These solids are usually sent to
farmlands as a soil enhancer and source of nutrients. If the
bio-solids contain too much heavy metals the farmers will not accept
them and the POTW may have to pay to dispose of them.
At the same time mercury is being aggressively attacked as a
bio-accumulative toxin by the state and federal environmental agencies
and is singled out as a priority pollutant for complete elimination.
Mercury is an especially hot issue in the Northeast New England states
due to high levels of mercury deposition in this region from coal
plants in the Midwest.
King County, Washington was one of the first areas in the country to
address the issue of mercury discharge to sewer lines from dentists.
For many years the county tried to implement a voluntary program with
dentists but were quite unsuccessful. King County mandated the use of
dental amalgam separators as of July 1, 2003. Many states are still
going down this voluntary road and will likely make the same choices
that King County made to make this a mandated requirement for dental
offices.
One issue that is likely universal is that any dental clinic that
discharges to septic systems must ensure that toxins are not
discharged to their system. These clinics would usually be required
to install these units because the discharge of these heavy metals to
groundwater would be prohibited. Most of these clinics never gave it
a thought that they might be polluting the ground below their clinics
with toxic metals. This pollution can some day require environmental
cleanup similar to what the dry cleaning industry went through years
ago due to the leaks from their dry cleaning solvent piping and
storage tanks. This cleanup has cost the dry cleaning industry and
their insurance carriers hundreds of millions of dollars.
It should also be noted that nearly every sewer utility has discharge
limits for mercury and silver. If a dentist discharges above these
effluent limits they are in violation of local regulations and can be
cited, fined, or disconnected from the sewer utility if the utility
wants to be aggressive. These utilities are only trying to protect
the system so that it remains economical to operate and meets their
own discharge parameters under their permit. They are now looking to
place the blame for high mercury levels on the highest contributors,
the dentists. They are soon going to pass on the cost to reduce these
metals and that is most easily accomplished by mandating the
pretreatment of these discharges from dental clinics by use of ISO
approved amalgam separators with the cost born by the polluter, the
dental clinic.
Many state dental associations have established Memorandum of
Understandings (MOU)s with state environmental regulatory agencies
adopting hazardous waste best management practices for the dental
profession. These MOUs are the first step in encouraging the use of
amalgam collectors. Each of these agreements usually has an
evaluation mechanism that determines the effectiveness of the program
after a few years. If it does not meet the anticipated participation
goals then the next steps are usually enforcement and mandatory
regulations.
These are the other locations with amalgam separator programs or
proposed regulations. There are undoubtedly more but these are the
most visible in addition to the King County and Washington programs
mentioned above.
It should be noted that usually there is a second option to
installation of an amalgam separator. The option is to prove that the
vacuum line discharge from a dental office would not violate the sewer
use codes discharge limits for heavy metals or meet the definition of
a hazardous waste. The clinic usually has an option to sample,
analyze, and designate this waste stream rather than install an
amalgam separator. The cost to hire a contractor to do such a
complicated and nasty operation is usually prohibitive. Additionally
the sewer utility may require a permit at a sizeable cost and require
annual resample and analysis of this waste. It is usually far cheaper
to install an amalgam separator than to seek the permit or discharge
authorization.
These are some of the areas mandating amalgam separators for dental
offices in the United States. All localities require ISO 11143
certification but some require an even higher removal efficiency of 98
or 99%.
Fort Collins, Colorado requires dentists to install amalgam separators
by July 1, 2005.
Maine requires dentists to install amalgam separators by December 31, 2004.
Massachusetts has a voluntary compliance project. This project has
some financial incentives to install amalgam separators. If a dentist
installs one by Jan 31, 2005 they may be exempt from certain
environmental regulations and fees through the year 2010. These fees
could be costly.
Minnesota also has a voluntary compliance program with financial
incentives. If a dentist installs an amalgam separator by February
2005 they may not have to obtain a permit as a ?significant industrial
user? at a cost of $500 per year. The process of obtaining a permit
would also take time and be a burden on the dentist.
New York, Vermont, and New Hampshire are all on the process of
approving regulations that would mandate the use of amalgam
separators. As stated earlier, the State of New York does mandate
these units for dental clinics on septic.
Milwaukee has a finalized a rule mandating use of these separators by
February 1, 2008 at the latest. January 2004 Milwaukee Metropolitan
Sewerage District (MMSD) adopted rules that will require the
installation of amalgam separators in dental offices by February 1,
2008. The dentists must start installing them immediately and must
justify any hesitation in implementation. They can?t just wait until
2008 to comply. A few months ago they put out a report on separators.
This is the link to the report. It would be good for our sales
people in the area to have a copy of this report.
http://www.uwex.edu/shwec/Pubs/pdf/DentalAmalgam04.pdf
The MMSD covers a greater area than just Milwaukee.
The Milwaukee Metropolitan Sewerage District is a state-chartered,
government agency providing wastewater services for 28 municipalities.
The District's 420-square-mile service area includes all cities and
villages, (except the City of South Milwaukee), within Milwaukee
County and all or part of 10 municipalities in the surrounding
counties of Ozaukee, Washington, Waukesha and Racine.
Connecticut:
Handling, Recycling and Disposal of Dental Amalgam
Requirements for Dental Practitioners
Dental Practitioners on or after July 1, 2003 are required to:
Some waste amalgam particles generated during dental visits may end up
in dental office wastewater. The law requires the DEP to adopt best
management practice(s) to prevent the discharge of mercury to the
waters of the State, any pollution abatement facility or subsurface
sewage disposal system and to promote the proper handling and
recycling or disposal of waste elemental mercury and amalgam. For more
information about waste amalgam disposal, refer to the Hazardous Waste
Determinations/Knowledge of Process Environmental Program Fact Sheet
or contact the DEP at (860) 424-3023 or toll free at 1-888-424-4059.
Rhode Island ? Narragansett Bay requires dental amalgam separators as
of 2003 or annual effluent testing. See
http://www.narrabay.com/Documents/PDFs/NewDentalBMP.pdf
Vermont ? In the process of passing a bill through state congress.
Has recently passed the senate unanimously. Would require the use of
amalgam separators.
Washington State - MOU expires July 31 granting enforcement discretion
for the dentists. A voluntary program for the past 2 years allowed
dentists to take their time in installing amalgam separator. When it
expires July 31, 2005 dentists who do not designate their waste or
install amalgam separators may be in violation of the state dangerous
waste regulates for discharging hazardous waste under the domestic
sewer exclusion. No firm policy in place for what occurs when this
MOU expires. |
