{"operation":"document","citation":"01-0217","title":"Mr. Alan Wilds — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-09-07","effective_on":null,"summary":"01-0217 concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0217.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0217.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0217","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010217.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportatior\nWashington, D.C. 20590\n400 Seventh St., S.W\nSEP 7 2001\nMr. Alan Wilds\nRef. No: 01-0217\n8135 Donna Place\nWilliamsville, NY 14221\nDear Mr. Wilds:\nThis responds to your August 8, 2001, letter regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to the transportation of dental amalgam. You state that\nthe dental amalgam consists of 50% mercury, 25% silver and small quantities of tin, copper and zinc.\nYou also state that the material is not subject to the Environmental Protection Agency's manifest\nrequirements and none of the materials exceed their reportable quantities.\nBased on the information you have provided we agree that the dental amalgam described above is not\nsubject to the HMR.\nI hope this information is helpful.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n173,22\n010217\n\n<<<PAGE 2>>>\n\nSolmeteX™\n6172.101 App. A\nHazardous Substance\n08 August 2001\n01-0217\nMI. Delmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n400 Seventh Street, S. W.\nU. S. Department of Transportation\nWashington, District of Columbia 20590\nDear Mr. Billings:\nRe: Dental Amalgam Recycling Program\nThis letter is to confirm the conclusion that a program to recycle dental amalgam (described more fully\nbelow) is not regulated pursuant to the Hazardous Materials Regulations (HMR; 49CFR Parts 171 - 180).\nSolmeteX, United Parcels Service of America (UPS) and recycling facilities [including, but not limited to\nMercury Waste Solutions, Inc. (MWSI)] wish to undertake a national recycling program in which dentists\nwill be asked to participate by recycling dental amalgam. The amalgar will be from at least two sources:\na. unused excess amalgam prepared for restoration work (referred to as non-contact amalgam)\nb. amalgam removed from a patient's teeth during repair work (referred to as contact amalgam)\nhe amalgam consists of mercury (50%), silver (25%), and smaller quantities of tin, copper and inc. Thes\nercentages are approximate and the amalgam is a solic\nThe ces in sed analegin as sure his contact violeted, as created, an accumulated emil te\nlentist is ready to send it to the recycler.\nThe contact amalgam will be contained within a hard plastic trap (in common terminology these traps may\ne referred to as Traps or Separators) that has been used to screen and collect the solids (consisting of smal\npieces of tooth, gum and primarily amalgam resulting from the dental rinsing process). There are severa\nvarietics of traps on the market and the one in particular is as follows\nfull and containing less than 2 pounds of amalgam (and therefore less than one pound of mercury)\na totally enclosed cylinder approximately 11\" high × 5\" diameter, weighing about 7 pounds when\nto nine months). A technician arranges with the dentist for a replacement and the removed Separator is\nThe protocol requires that these devices be removed and sent for recycling periodically (usually every six\nprepared for transportation via UPS to the recycler.\nThe contact amalgam has been in contact with body fluids and while the Separator has been installed, based\nproprietary preparations or sodium hypochlorite solution (bleach).\non the published Best Management Practices (BMP), is routinely disinfected (usually daily) using cither\nand. MACAO.. Dares. E00 002.5115 For: 508.293-1295. F-mail: www.solmetex.com\n-\n\n<<<PAGE 3>>>\n\nThe Separator full of amalgam and solution has been designed to be watertight. It is used as the primary\nthe contents in any way other than as normal mail.\napproved procedures. By a retorting process, the mercury will be recovered and refined and then sold into\nThe devices upon receipt by the recycler will be properly processed in accordance with their permits and\nnormal commerce. The residual material, after further processing, will be sent to a precious metals refiner\nfor silver and other precious materials recovery.\nto disposal, since it is both protective of the environment and extends natural resources.\nBy removing the amalgam from the waste water systems, this program will provide a valuable altemative\nDuring discussions with the Environmental Protection Agency Region VII it was determined that this\nI appreciate your consultation and representation that you are authorized to provide the regulatory\ninterpretation. Please let me know if this dental amalgam recycling program will be regulated under 49CFR\nParts 171 - 1802 Thank you in advance for your attention to this matter.\nIf you have any questions, please contact me at the address below.\nYours sincerely,\navanilotts\nConsultant to SolmeteX\nAlan Wilds\nEnc:\nSolmeteX Hg5 Mercury Removal System Leaflet\n09 July 2001 letter from USEPA Region VII to Alan Wilds\n8135 Donna Place\nWilliamsville, New York 14221\nFax: 716 565 1733\nTel: 716 635 9670\nE-mail: alanwilds@worldnet.att.net\n\n<<<PAGE 4>>>\n\nUNITED STATES ENVIRONMENTAL PROTECTION AGENCY\n901 NORTH 5TH STREET\nREGION VII\nKANSAS CITY, KANSAS 66101\nJUL 09 2001\nMr. Alan Wilds\nConsultant to SolmeteX\nWilliamsville, New York 14221\n8135 Donna Place\nDear Mr. Wilds:\nI have reviewed your letter dated June 28, 2001. In it you referenced a telephone conversation that\ngenerate more that 100 kilograms of hazardous waste per month nor accumulate more than 1000 kilograms\nwe had regarding the recycling of dental amalgam. If a dentist wishing to. recycle dental amalgam does not\nof hazardous waste, then such dentist and recycling of dental amalgam would fall under the regulatory\nrequirements of Title 40 Code of Federal Regulations (40 C.F.R.) 261.5. Your letter also asks if this\nIowa. For Kansas, the generation and storage amounts are 25 kilograms and 1000 kilograms respectively….\nwould be the same for all 4 states in EPA Region VII. This interpretation is correct for Nebraska and\nFor Missouri, the generation and storage amounts are 100 kilograms.\nPlease be aware that transportation of dental amalgam is covered by the Department of\nTransportation regulations and this letter is only for EPA requirements.\nI encourage you to contact the following state agencies in Region VII and obtain a copy of their\nhazardous waste regulations or to ask any questions that you may have regarding this issue:\nKansas Department of Health and Environment (KDHE) at (785) 296-1600\nMissouri Department of Natural Resources (MDNR) at (573) 751-3176\nNebraska Department of Environmental Quality (NDEQ) at (402) 471-7217\nIf you have any questions regarding this letter, please feel free to contact me at (913) 551-7633 or\nby Email at mitchell.brian@epa.gov.\nSincerely,\nDull\nBrian Mitchell\nRCRA Compliance Officer\nRCRA Enforcement and State Programs Branch\nAir, RCRA, and Toxics Division\nCc:\nMary Bitney, KDHE\nKathy Flippin, MDNR\nBill Gidley, NDEQ\nRECYCLE C\nPAREA COMLA NECIESED BEST","truncated":false,"body_characters":6849}