Ala. Admin. Code r. 335-6-5-.23 - Requirements For Dental Dischargers
(1)
Applicability.
(a) Except as provided in subparagraphs (c),
(d), and (e) of this paragraph, this rule applies to dental dischargers as
defined in paragraph (2) of this rule.
(b) Dental dischargers subject to this rule
are not Significant Industrial Users as defined in paragraph
335-6-5-.02(oo),
and are not "Categorical Industrial Users" or "industrial users subject to
categorical pretreatment standards " as those terms and variations are used in
this chapter, as a result of applicability of this rule.
(c) This rule does not apply to dental
dischargers that exclusively practice one or more of the following dental
specialties: Oral pathology, oral and maxillofacial radiology, oral and
maxillofacial surgery, orthodontics, periodontics, or prosthodontics.
(d) This rule does not apply to wastewater
discharges from a mobile unit operated by a dental discharger .
(e) This rule does not apply to dental
dischargers that do not discharge any amalgam process wastewater to a POTW,
such as dental dischargers that collect all dental amalgam process wastewater
for transfer to a Centralized Waste Treatment facility as defined in 40 CFR
437.
(f) Dental dischargers that do
not place dental amalgam, and do not remove amalgam except in limited emergency
or unplanned, unanticipated circumstances, and that certify such to the
Department as required in paragraph (5) of this rule are exempt from any
further requirements of this rule.
(g) Dental dischargers subject to this rule
are not subject to the requirement to obtain an SID permit under rule
335-6-5-.04.
(2)
Definitions. Whenever used in this rule,
the following shall mean:
(a)
"Amalgam process wastewater" means any wastewater
generated and discharged by a dental discharger through the practice of
dentistry that may contain dental amalgam
(b) "Amalgam
separator" means a collection device designed to capture and
remove dental amalgam from the amalgam process wastewater of a dental
facility
(c) "Dental
amalgam" means an alloy of elemental mercury and other metal(s)
that is used in the practice of dentistry.
(d) "Dental
Discharger" means a facility where the practice of dentistry is
performed, including, but not limited to, institutions, permanent or temporary
offices, clinics, home offices, and facilities owned and operated by Federal,
state or local governments, that discharges wastewater to a publicly owned
treatment works (POTW).
(f)
"
Existing sources" means a dental discharger that is
not a new source
(g)
"Mobile unit" means a specialized mobile
self-contained van, trailer, or equipment used in providing dentistry services
at multiple locations.
(h)
"
New sources" means a dental discharge whose first
discharge to a POTW occurs after July 14, 2017.
(3)
Compliance Dates for
Pretreatment Standards.
(a) No later than July 14, 2020, any existing
source subject to this rule must comply with the requirements of paragraphs (4)
of this rule unless exempted by paragraph (1)(f) of this rule.
(b) As of July 14, 2017, any new source
subject to this rule must comply with the requirements of paragraphs (4) of
this rule unless exempted by paragraph (1)(f) of this rule.
(4)
Pretreatment Standards.
(a) Removal of dental amalgam solids from all
amalgam process wastewater by one of the following methods:
1. Installation, operation, and maintenance
of one or more amalgam separators that meet the following requirements:
(i) Compliant with either the American
National Standards Institute (ANSI) American National Standard/American Dental
Association (ADA) Specification 108 for Amalgam Separators (2009) with
Technical Addendum (2011) or the International Organization for Standardization
(ISO) 11143 Standard (2008) or subsequent versions so long as that version
requires amalgam separators to achieve at least a 95% removal efficiency.
Compliance must be assessed by an accredited testing laboratory under ANSI's
accreditation program for product certification or a testing laboratory that is
a signatory to the International Laboratory Accreditation Cooperation's Mutual
Recognition Arrangement. The testing laboratory's scope of accreditation must
include ANSI/ADA 108-2009 or ISO 11143.
(ii) The amalgam separator(s) must be sized
to accommodate the maximum discharge rate of amalgam process
wastewater.
(iii) A dental
discharger subject to this rule that operates an amalgam separator that was
installed at a dental facility prior to June 14, 2017, satisfies the
requirements of subparagraphs (4)(a)l. (i) and (ii) of this rule until the
existing separator is replaced as described in subparagraphs (4)(a)l.(v) of
this rule or until June 14, 2027, whichever is sooner.
(iv) The amalgam separator(s) must be
inspected in accordance with the manufacturer's operating manual to ensure
proper operation and maintenance of the separator(s) and to confirm that all
amalgam process wastewater is flowing through the amalgam retaining portion of
the amalgam separator(s).
(v) In
the event that an amalgam separator is not functioning properly, the amalgam
separator must be repaired consistent with manufacturer instructions or
replaced with a unit that meets the requirements of subparagraphs (4) (a)l. (i)
and (ii) of this rule as soon as possible, but no later than 10 business days
after the malfunction is discovered by the dental discharger , or an agent or
representative of the dental discharger .
(vi) The amalgam retaining units must be
replaced in accordance with the manufacturer's schedule as specified in the
manufacturer's operating manual or when the amalgam retaining unit has reached
the maximum level, as specified by the manufacturer in the operating manual, at
which the amalgam separator can perform to the specified efficiency, whichever
comes first.
2.
Installation, operation, and maintenance of one or more amalgam removal
device(s) other than an amalgam separator. The amalgam removal device must meet
the following requirements:
(i) Removal
efficiency of at least 95 percent of the mass of solids from all amalgam
process wastewater. The removal efficiency must be calculated in grams recorded
to three decimal places, on a dry weight basis. The removal efficiency must be
demonstrated at the maximum water flow rate through the device as established
by the device manufacturer's instructions for use.
(ii) The removal efficiency must be
determined using the average performance of three samples. The removal
efficiency must be demonstrated using a test sample of dental amalgam that
meets the following particle size distribution specifications: 60 percent by
mass of particles that pass through a 3150 um sieve but which do not pass
through a 500 um sieve, 10 percent by mass of particles that pass through a 500
um sieve but which do not pass through a 100 um sieve, and 30 percent by mass
of particles that pass through a 100 um sieve. Each of these three specified
particle size distributions must contain a representative distribution of
particle sizes.
(iii) The device(s)
must be sized to accommodate the maximum discharge rate of amalgam process
wastewater.
(iv) The device(s) must
be accompanied by the manufacturer's manual providing instruction for use
including the frequency for inspection and collecting container replacement
such that the unit is replaced once it has reached the maximum filling level at
which the device can perform to the specified efficiency.
(v) The device(s) must be inspected in
accordance with the manufacturer's operating manual to ensure proper operation
and maintenance, including confirmation that amalgam process wastewater is
flowing through the amalgam separating portion of the device(s).
(vi) In the event that a device is not
functioning properly, it must be repaired consistent with manufacturer
instructions or replaced with a unit that meets the requirements of
subparagraphs (4)(a)2.(i) through (iii) of this rule as soon as possible, but
no later than 10 business days after the malfunction is discovered by the
dental discharger , or an agent or representative of the dental
discharger .
(vii) The amalgam
retaining unit(s) of the device(s) must be replaced as specified in the
manufacturer's operating manual, or when the collecting container has reached
the maximum filling level, as specified by the manufacturer in the operating
manual, at which the amalgam separator can perform to the specified efficiency,
whichever comes first.
(viii) The
demonstration of the device(s) under subparagraphs (4)(a)2.(i) through (iii) of
this rule must be documented in the One-Time Compliance Report.
(b) Implementation of
the following best management practices (BMP ):
1. Waste amalgam including, but not limited
to, dental amalgam from chair-side traps, screens, vacuum pump filters, dental
tools, cuspidors, or collection devices, must not be discharged to a
POTW.
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.
(5)
Reporting and
Recordkeeping Requirements.
(a) Dental Dischargers subject to this rule
must comply with the following reporting requirements in lieu of otherwise
applicable reporting requirements in this chapter:
1.
One-Time Compliance
Report deadlines. For existing sources, a One-Time
Compliance Report must be submitted to the Department no later than October 12,
2020, or 90 days after transfer of ownership. For new sources, a One-Time
Compliance Report must be submitted to the Department no later than 90 days
following the introduction of wastewater into a POTW.
2.
Signature and
certification. The One-Time Compliance Report must be
signed and certified by a responsible corporate officer, a general partner or
proprietor if the dental discharger is a partnership or sole proprietorship, or
a duly authorized representative in accordance with the requirements of rule
335-6-5-.14.
3.
Contents.
(i) The One-Time Compliance Report for dental
dischargers subject to this rule that do not place or remove amalgam as
described in paragraph (1)(f) of this rule must include the following: facility
name, physical address, mailing address, contact information, name of the
operator (s) and owner (s); and a certification statement that the dental
discharger does not place dental amalgam and does not remove amalgam except in
limited circumstances.
(ii) The
One-Time Compliance Report for dental discharges subject to the pretreatment
standards of paragraph (4) of this rule must include:
(I) The facility name, physical address,
mailing address, and contact information.
(II) Name(s) of the operator (s) and
owner (s)
(III) A description of the
operation at the dental facility including: The total number of chairs, the
total number of chairs at which dental amalgam may be present in the resulting
wastewater, and a description of any existing amalgam separator(s) or
equivalent device(s) currently operated to include, at a minimum, the make,
model, year of installation.
(IV)
Certification that the amalgam separator(s) or equivalent device is designed
and will be operated and maintained to meet the requirements specified in
subparagraph (4) (a) of this rule.
(V) Certification that the dental discharger
is implementing BMPs specified in subparagraph (4)(b) of this rule and will
continue to do so.
(VI) The name of
the third-party service provider that maintains the amalgam separator(s) or
equivalent device(s) operated at the dental office, if applicable. Otherwise, a
brief description of the practices employed by the facility to ensure proper
operation and maintenance in accordance with paragraph (4) of this
rule.
4.
Transfer of ownership notification. If a
dental discharger transfers ownership of the facility, the new owner must
submit a new One-Time Compliance Report to the Department no later than 90 days
after the transfer.
5.
Retention Period. As long as a dental
discharger subject to this rule is in operation, or until ownership is
transferred, the dental discharger or an agent or representative of the dental
discharger must maintain the One-Time Compliance Report required at
subparagraph (5)(a) of this rule and make it available for inspection in either
physical or electronic form.
(b) Dental dischargers or an agent or
representative of the dental discharger must maintain and make available for
inspection in either physical or electronic form, for a minimum of 3 years:
1. 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.
2. Documentation of amalgam
retaining container or equivalent container replacement (including the date, as
applicable).
3. Documentation of
all dates that collected dental amalgam is picked up or shipped for proper
disposal in accordance with subparagraph
335-14-3-.01(4)(a)5.,
and the name of the permitted or licensed treatment, storage or disposal
facility receiving the amalgam retaining containers.
4. 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).
5. Dental dischargers or an agent or
representative of the dental discharger must maintain and make available for
inspection in either physical or electronic form the manufacturing operating
manual for the current device.
Notes
Author: Scott Ramsey
Statutory Authority: Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.
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