Florida Department of Environmental Protection — Hazardous Materials Safety Interpretation

Page 12 of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration SEP 2 | 2000 Ms. Irene Gleason Ref. No. 00-0199 Hazardous Waste Management Section Florida Department of Environmental Protection Two Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Dear Ms. Gleason: This is in response to your letter dated July 17, 2000, requesting clarification on shipping scrap dental amalgam under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether scrap amalgam is regulated under the HMR. According to your letter and attached "Scrap Dental Amalgam Management Procedures," dental amalgam, usually a mix of 50% mercury with the remainder being silver and small amounts of tin, copper, and other metals, is used for filling cavities in teeth. The scrap amalgam is decontaminated with 1:100 bleach before being sent for reclamation to various facilities. Under § 173.22, it is the shipper's responsibility to properly classify and describe a hazardous material. This office does not normally perform that function. However, based on the information provided in your letter, it is the opinion of this Office that since the waste amalgam is decontaminated before shipping for reclamation, it does not meet the defining criteria for a Division 6.2 infectious substance or regulated medical waste. However, if the quantity of mercury in one package meets or exceeds the reportable quantity specified in the HMR, it would be regulated as a Class 9 environmentally hazardous substance when shipped to the reclamation facility. I hope this answers your inquiry. Sincerely, When HAlfs Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards / 73.22 000199#

Page 2AL PROTECTION Department of Boothe FLORIDA Environmental Protection 5173.22 Twin Towers Office Building 00-0199 Governor Jeb Bush Tallahassee, Florida 32399-2400 2600 Blair Stone Road David B. Struhs Secretary July 17, 2000 Director Hazardous Material Standards Edward T. Mazzullo 400 7* Street SW US DOT/RFPA (DHM-10) Washington, DC 20590-001 Re: Scrap Dental Amalgam Transportation Dear Mr. Mazzullo: The Florida Department of Environmental Protection (FDEP) is working on a guidance document for managing scrap dental amalgam. Our intent is to provide dentists direction on properly managing this material in accordance with any applicable environmental, health, occupational safety, and transportation regulations. FDEP is interested in which, if any, Department of Transportation regulations apply. Dental amalgam, typically a mix of 50% mercury with the remainder being mostly silver and small amounts of tin, copper and other metals, is used for filling cavities in teeth. The Florida Dental Association requested that FDEP provide a procedure to properly manage excess, out-of- date, operatory, and removed dental amalgam. After examining Florida and federal hazardous waste regulations, we contacted Florida Department of Health and the U. S. Occupational Safety and Health Administration regarding their applicable regulations. The enclosed flowchart and explanation detail how the various regulations have been included in our recommended "Scrap Dental Amalgam Management Procedures." In speaking with Capt. Ken Carr of the Florida DOT and Ms. Casey Cole from the U. S. Department of Transportation Hazardous Materials Information Center, we concluded there may be a DOT exemption because dentists would be shipping less than the mercury Reportable Quantity (one pound) in a container. Also we were not certain that scrap amalgam would fall under any of DOT's nine hazardous classes or divisions. And finally, Ms. Cole advised me that she was not aware of any DOT interpretations specific to scrap dental amalgam. Please provide an official DOT regulatory interpretation for shipping scrap amalgam managed in compliance with the enclosed recommended FDEP "Scrap Dental Amalgam Management Procedures" and destined for reclamation. If you have any questions or wish to discuss this further, feel free to contact me at 850-487-4666 or Irene.Gleason@dep.state.fl.us. I look forward to hearing from you at your earliest convenience. Thank you. "Protect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled poper.#

Page 3I. Gleason to U. S. DOT Page 2 July17, 2000 Sincerely, Trene Gieason Environmental Specialist II Hazardous Waste Management Section Enclosures#