{"operation":"document","citation":"00-0199","title":"Florida Department of Environmental Protection — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-09-21","effective_on":null,"summary":"00-0199 response to Florida Department of Environmental Protection concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0199.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0199.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0199","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000199.pdf","body":"<<<PAGE 1>>>\n\n2\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nSEP 2 | 2000\nMs. Irene Gleason\nRef. No. 00-0199\nHazardous Waste Management Section\nFlorida Department of Environmental Protection\nTwo Towers Office Building\n2600 Blair Stone Road\nTallahassee, Florida 32399-2400\nDear Ms. Gleason:\nThis is in response to your letter dated July 17, 2000, requesting clarification on shipping scrap dental\namalgam under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically,\nyou ask whether scrap amalgam is regulated under the HMR.\nAccording to your letter and attached \"Scrap Dental Amalgam Management Procedures,\" dental\namalgam, usually a mix of 50% mercury with the remainder being silver and small amounts of tin,\ncopper, and other metals, is used for filling cavities in teeth. The scrap amalgam is decontaminated with\n1:100 bleach before being sent for reclamation to various facilities.\nUnder § 173.22, it is the shipper's responsibility to properly classify and describe a hazardous material.\nThis office does not normally perform that function. However, based on the information provided in\nyour letter, it is the opinion of this Office that since the waste amalgam is decontaminated before\nshipping for reclamation, it does not meet the defining criteria for a Division 6.2 infectious substance or\nregulated medical waste. However, if the quantity of mercury in one package meets or exceeds the\nreportable quantity specified in the HMR, it would be regulated as a Class 9 environmentally hazardous\nsubstance when shipped to the reclamation facility.\nI hope this answers your inquiry.\nSincerely,\nWhen HAlfs\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n/ 73.22\n000199\n\n<<<PAGE 2>>>\n\nAL PROTECTION\nDepartment of\nBoothe\nFLORIDA\nEnvironmental Protection\n5173.22\nTwin Towers Office Building\n00-0199\nGovernor\nJeb Bush\nTallahassee, Florida 32399-2400\n2600 Blair Stone Road\nDavid B. Struhs\nSecretary\nJuly 17, 2000\nDirector Hazardous Material Standards\nEdward T. Mazzullo\n400 7* Street SW\nUS DOT/RFPA (DHM-10)\nWashington, DC 20590-001\nRe: Scrap Dental Amalgam Transportation\nDear Mr. Mazzullo:\nThe Florida Department of Environmental Protection (FDEP) is working on a guidance\ndocument for managing scrap dental amalgam. Our intent is to provide dentists direction on\nproperly managing this material in accordance with any applicable environmental, health,\noccupational safety, and transportation regulations. FDEP is interested in which, if any,\nDepartment of Transportation regulations apply.\nDental amalgam, typically a mix of 50% mercury with the remainder being mostly silver and\nsmall amounts of tin, copper and other metals, is used for filling cavities in teeth. The Florida\nDental Association requested that FDEP provide a procedure to properly manage excess, out-of-\ndate, operatory, and removed dental amalgam. After examining Florida and federal hazardous\nwaste regulations, we contacted Florida Department of Health and the U. S. Occupational Safety\nand Health Administration regarding their applicable regulations. The enclosed flowchart and\nexplanation detail how the various regulations have been included in our recommended \"Scrap\nDental Amalgam Management Procedures.\"\nIn speaking with Capt. Ken Carr of the Florida DOT and Ms. Casey Cole from the U. S.\nDepartment of Transportation Hazardous Materials Information Center, we concluded there may\nbe a DOT exemption because dentists would be shipping less than the mercury Reportable\nQuantity (one pound) in a container. Also we were not certain that scrap amalgam would fall\nunder any of DOT's nine hazardous classes or divisions. And finally, Ms. Cole advised me that\nshe was not aware of any DOT interpretations specific to scrap dental amalgam.\nPlease provide an official DOT regulatory interpretation for shipping scrap amalgam managed in\ncompliance with the enclosed recommended FDEP \"Scrap Dental Amalgam Management\nProcedures\" and destined for reclamation. If you have any questions or wish to discuss this\nfurther, feel free to contact me at 850-487-4666 or Irene.Gleason@dep.state.fl.us. I look forward\nto hearing from you at your earliest convenience. Thank you.\n\"Protect, Conserve and Manage Florida's Environment and Natural Resources\"\nPrinted on recycled poper.\n\n<<<PAGE 3>>>\n\nI. Gleason to U. S. DOT\nPage 2\nJuly17, 2000\nSincerely,\nTrene Gieason\nEnvironmental Specialist II\nHazardous Waste Management Section\nEnclosures","truncated":false,"body_characters":4538}