Government Relations
EPA Amalgam Separator Requirement for Dental Offices - Compliance Date Approaching
The compliance date for the EPA amalgam separator mandate is
fast approaching. By July 14, 2020, most dental offices will be
required to have installed a compliant amalgam separator. If
you are required to install a separator in your office, and have not
already done so, you will need to do so ASAP.
In addition, most dental offices will need to submit a one-time
compliance report, either indicating their compliance with the rule
or exempted status, prior to October 12, 2020. Newly purchased
or constructed dental practices must comply with the rule
immediately and must install a compliant separator and submit a
one-time compliance report within 90 days.
Here are the exemptions as outlined in rule:
• Dentists that exclusively practice one or more of these specialties
are not subject to any of the rule’s requirements, including the
submission of a one-time compliance report: oral and
maxillofacial pathology, oral and maxillofacial radiology, oral and
maxillofacial surgery, orthodontics, periodontics, and
prosthodontics. If you exclusively practice one or more of these
specialties, there is no further action that must be taken on
your part to comply with the EPA amalgam separator rule.
• Mobile units are not subject to any of the rule’s requirements,
including the 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. If you operate a mobile unit, there is no further
action that must be taken on your part to comply with the
EPA amalgam separator rule.
• Dental offices that do not discharge their wastewater into a
publicly owned treatment works (POTW) (i.e. dental offices with
private septic systems) are not subject to any of the rule’s
requirements, including the submission of a one-time compliance
report. If your office discharges its wastewater into a private
septic system, there is no further action that must be taken
on your part to comply with the EPA amalgam separator rule.
• Dental offices that do not place dental amalgam, and do not
remove dental amalgam except in limited emergency or
unplanned, unanticipated circumstances (estimated less than
5% of total procedures per year). While these offices may be
exempt from the requirement to install and maintain an
amalgam separator, you will still be required to submit a
one-time compliance report to your control authority by
October 12, 2020.
If you do not qualify for one of the exemptions listed above,
you will be required to install an amalgam separator by
July 14, 2020 and submit a one- time compliance report to
your control authority by October 12, 2020.
If you had an amalgam separator installed in your office prior to
June 14, 2017, and the separator is functioning properly, you may
continue to use it until June 14, 2027 or for the lifetime of the unit,
whichever comes first. You will be required to submit a one-time
compliance report to your control authority by October 12, 2020.
Dental practices that submit a one-time compliance report must
retain a copy of the filed report for the entirety of practice
ownership.
In Pennsylvania, your control authority will be either the local
POTW or the EPA regional office, depending on whether the local
POTW has an EPA approved pretreatment plan.
It is quite possible that you have already been contacted by your
control authority. If you have not yet been contacted by either your
local POTW or the EPA regional office, please contact your local
POTW or the EPA regional office in Philadelphia to determine who
your control authority is prior to sending a report.
Your control authority will also determine the form that must be
used to submit your report.
Offices that have installed separators must also comply with
mandatory maintenance and recordkeeping requirements
outlined in the rule.
Maintenance Requirements:
• Monitor the separator according to manufacturer’s guidelines.
• Inspect installed separators at least once a month to ensure
proper operation and maintenance of the separator.
• Replace/Repair any malfunctioning separators according to
manufacturer instructions within 10 business days of discovering
the defect.
• Maintain separators by replacing amalgam retaining cartridges,
separator canisters or units as directed by the manufacturer, or
annually, whichever comes first.
• Do not discharge waste amalgam from chair-side traps, screens,
vacuum pump filters, dental tools, cuspidors, or collection
devices to a POTW. In other words, no flushing waste down the
drain.
12
MAY/JUNE 2020 | PENNSYLVANIA DENTAL JOURNAL