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​Dental Amalgam banner

The US Environmental Protection Agency (EPA) has determined that amalgam from dental offices is a main source of mercury discharges into municipal sewer systems.  After entering the sewer system the metals are subsequently released to the environment.  Therefore, to reduce discharges of mercury and other metals from dental offices into municipal sewer systems, the EPA updated the Clean Water Act (CWA) effective July 14, 2017.  The Florida Department of Environmental Protection (FDEP) incorporated the changes to the CWA specific to amalgam from dental offices into rule Chapter 62-625, Florida Administrative Code (FAC) on May 23, 2018.  The Palm Beach County Water Utilities Department (WUD) pretreatment program, as required, is following the FDEP rule.

Therefore, as required by federal and state regulation, the WUD pretreatment program now includes:

  1. Mandatory use of amalgam separators/capture devices (pretreatment) by dental offices that handle amalgam and,
  2. Submission of a One Time Compliance Report to WUD. 

The EPA now also requires record keeping by dentist's offices that handle amalgam as discussed below.

Separating mercury and metals from waste is easy to manage in the dentist's office, where it is still concentrated.  This is a common sense solution for managing mercury and other metals that would otherwise be released into the air, land, and water also allows for recycling of these wastes.  The EPA's amalgam pretreatment requirement closely follows the Best Management Practices (BMPs) recommended by the American Dental Association (ADA).  

Fortunately, these new requirements minimize dental office reporting requirements and the administrative burden to federal, state, and local regulatory authorities responsible for oversight of the new requirements.  Compliance with this final rule will reduce the discharge of metals country wide and allow these metals to be recycled.​

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The FDEP requirement for all dentist's offices that handle amalgam to pretreat their wastes becomes effective on July 14, 2020 for existing dental facilities. The One-Time Compliance Report for Dental Dischargers must be submitted to WUD by existing facilities by October 12, 2020. New dental facilities must have pretreatment before they can open, and must submit the One-Time Compliance Report for Dental Dischargers to WUD no later than 90 days following the initial discharge.

A PDF copy can be downloa​ded here​.  The preferred method of submitting this form is via email to pretreatment@pbcwater.com.  Please put "Amalgam Compliance Report" in the subject line to ensure your office receives the proper credit.  You can also mail the completed report via the United States Postal Service to: Pretreatment Coordinator, Water Utilities Department, 8100 Forest Hill Blvd, West Palm Beach, FL 33413.

Dentists who place, remove, or replace dental amalgam. Must have pretreatment installed and operating by July 14, 2020. The One Time Compliance Report to must be received by WUD by October 12, 2020.

Dental dischargers that do not place, remove or replace dental amalgam, except in limited emergency or unplanned, unanticipated circumstances, are exempt from any further requirements as long as they certify as such in a One-Time Compliance Report submitted to WUD.
Dental dischargers that exclusively practice one or more of the following specialties are not subject to any of the rule's requirements, including submission of a one-time compliance report to WUD:

  • Oral pathology
  • Oral and maxillofacial radiology
  • Oral and maxillofacial surgery
  • Orthodontics
  • Periodontics
  • Prosthodontics

 
Mobile units are not subject to any of the rule's requirements, including submission of a One-Time Compliance Report. A mobile unit is a specialized mobile self-contained van, trailer, or equipment used in providing dentistry services at multiple locations.

Dental facilities that do not discharge their amalgam process wastewater into the County sewer system are not subject to any of the rule's requirements, including submission of a One-Time Compliance Report to WUD. For example, dental facilities that discharge amalgam process wastewater into a septic system are not subject to this rule.

Yes. If a dental discharger transfers ownership of the facility, then the new owner must submit a new One-Time Compliance Report to WUD.

There are multiple vendors available. The EPA requires that the system be compliant to ISO 11143.

The rule allows dental dischargers that had installed and were using an amalgam separator prior to June 14, 2017 to continue to use it until June 14, 2027, as long as it is functioning properly and does not need to be replaced. This is referred to as a "grandfathering" provision or clause. The facility must still send to WUD by October 12, 2020 a completed One-Time Compliance Report.

If a dental discharger covered by the grandfather clause transfers ownership, the new owner may continue using the grandfathered separator until June 14, 2027 if it is functioning properly and does not need to be replaced. The new owner must file the One-Time Compliance Report with WUD.

Yes. As long as the dental facility does not discharge any amalgam process wastewater from the tank or otherwise, it is not subject to any of the rule's requirements, including submission of a One-Time Compliance Report.

The manufacturer's operating manual and a copy of the One-Time Compliance Report submitted to WUD must be kept at the dental facility as long as the amalgam separator is used. The following records must be kept for a minimum of three years at the dental facility:

  • For the pretreatment device, documentation of the date, person(s) conducting the inspection, results of each inspection and a summary of follow-up actions.

  • Documentation of amalgam retaining container or equivalent container replacement.

  • Documentation of all dates that collected dental amalgam and the name of the disposal facility receiving the amalgam retaining containers.

  • Documentation of any repair or replacement of an amalgam separator or equivalent device.

As recommended by the manufacturer.

Yes. The amalgam collected in a separator is likely to be a hazardous waste under RCRA due to its mercury and silver content. However, dental offices producing less than 100 kg of hazardous waste per month AND less than 1 kg of acute hazardous waste per month are considered "Very Small Quantity Generators" and are exempt from most RCRA requirements for the disposal of their hazardous waste.

Reference the operation manual and contact the manufacturer for repair.

The CWA also requires dental offices that handle amalgam to use two specific Best Management Practices (BMP's).  These are:

  1. Waste amalgam including, but not limited to, dental amalgam from chairside traps, screens, vacuum pump filters, dental tools, cuspidors, or collection devices, must not be discharged to a Publicly Owned Treatment Works (POTW) without pretreatment.
  2. 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.

No. In developing the rule, EPA did not evaluate the use of cleaning products that may be used in dental equipment that is connected to water supply lines such as hand-pieces, ultrasonic scalers, or air/water syringes. While de minimis amounts of such products may eventually be indirectly discharged through a wastewater line in a dental facility, the prohibition was not intended to prohibit dental unit water line cleaning products when those products are used in water supply lines to ensure the safety of the water that dentists place in their patient's mouth.

American Dental Association
https://www.ada.org/en/member-center/oral-health-topics/amalgam-separators

Environmental Protection Agency
https://www.epa.gov/eg/dental-effluent-guidelines

The New Rule
https://www.ecfr.gov/cgi-bin/text-idx?mc=true&node=pt40.32.441&rgn=div5

If you cannot find the information you need from the above, please contact the pretreatment coordinator at 561-493-6025 or pretreatment@pbcwater.com​​​​