The US Environmental Protection Agency (EPA) has adopted new pretreatment standards, recordkeeping and, reporting requirements to reduce discharges of mercury from dental offices into publicly owned treatment works (POTW). The Dental Office Category regulation is codified in Title 40 of the Code of Federal Regulations Part 441. These regulations mean that dental offices who receive wastewater service from Austin Water (directly or indirectly) are subject to a number of requirements; including one that stipulates the submission of a One-Time Compliance Report (OTCR) to Austin Water (AW) to demonstrate compliance.

Applicability for Dental Offices

If the Dental Office places or removes amalgam and discharges wastewater to a POTW, then the dental office must comply with the regulations. This includes operations and maintenance (O&M) standards as well as best management practices (BMPs) that must be followed. Additionally, a OTCR must be submitted to AW with all sections completed. If the Dental Office meets one of the below conditions, then the office is exempt from any further requirements related to the installation of an amalgam separator and the associated O&M and BMPs.

  • Dental Offices 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. 
  • Wastewater discharges from a mobile unit operated by a Dental Office. 
  • Dental Offices that do not discharge any amalgam process wastewater to a POTW, such as offices that collect all dental amalgam process wastewater for transfer to a Centralized Waste Treatment facility as defined in 40 CFR part 437. This means that the amalgam separator is not plumbed to discharge to the sanitary sewer. Does not apply to the solids container that is sent for disposal/recycling. 
  • Dental Offices that do not place dental amalgam and do not remove amalgam except in limited emergency or unplanned, unanticipated circumstances. 

An exempt Dental Office must also submit an OTCR to certify that exemption. The O&M and BMP Information and Certification section of the OTCR can be skipped. However, if an exempt Dental Office does install an amalgam separator, then the OTCR must be submitted with all sections completed

Compliance with the Regulations
  1. Install, operate, and maintain amalgam separator(s) and removal device(s). 
  2. Implement the following BMPs: 
    1. Waste 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 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. 
  3. Submit an OTCR to Austin Water: 
    As long as a Dental Office subject to this part is in operation, or until ownership is transferred, the Dental Office or an agent or representative of the Dental Office must maintain the OTCR and make it available for inspection in either physical or electronic form.
OTCR Deadlines

Dental Office opened on or before July 14, 2017 (Existing Office): 

  1. Comply with the regulations by July 14, 2020. 
  2. Submit OTCR by October 12, 2020. 

If Dental Office ownership is transferred after July 15, 2020, the new owner has 90 days after the date of transfer to send a new OTCR to Austin Water (AW). 

Dental Office opened after July 14, 2017 (New Office): 

  1. Implement the requirements in the regulations immediately. 
  2. Submit OTCR within 90 days of the start of wastewater discharge
Forms and Resources