Comments on “Effluent Limitations Guidelines and Standards for the Dental Category” are due by 22-DEC-2014

EPA’s proposed pretreatment standards would control mercury discharges to water resource recovery facilities by requiring dentists to reduce discharge of dental amalgam to a level achievable through the use of the best available technology (a combination of amalgam separators and the use of BMPs …. [allowing] dentists to demonstrate compliance through proper use of amalgam separators rather than through discharge monitoring.

“The proposed rulemaking would not affect existing state and local requirements that control discharges of dental amalgam. However, states with approved state programs and POTWs with approved Pretreatment Programs would need to enforce the federal requirements at a minimum. The new federal requirements include removal of at least 99.0% of total mercury from amalgam discharges which can be accomplished through proper use of a 2008 ISO 11143 certified amalgam separator with a removal efficiency of at least 99.0%.”

According to the proposal, this rule would require a Control Authority to evaluate, at least once per year, whether an IU previously determined to be a DIU still meets the criteria for treatment as a DIU under 40 CFR 441.60. EPA anticipates that this evaluation will primarily involve the Control Authority’s verification that the certification has been submitted by the dental office documenting continued eligibility for DIU status.

The following questions and answers are provided on regulations.gov:

Would any POTW with a dentist office in its service area be required to develop a Pretreatment Program?

In accordance with 40 CFR 403.8(a), POTWs (or combination of POTWs operated by the same authority) with a total design flow greater than 5 million gallons per day and receiving pollutants from IUs which pass through or interfere with the operation of the POTW or are otherwise subject to Pretreatment Standards are required to establish a POTW Pretreatment Program unless the state with an approved Pretreatment Program exercises its option to assume local responsibilities as provided for in 40 CFR 403.10(e). For smaller POTWs, POTWs that have a design flow of 5 million gallons per day or less, the Regional Administrator or state Director may require the POTW to develop a local Pretreatment Program if the nature or volume of the industrial influent, treatment process upsets, violations of POTW effluent limitations, contamination of municipal sludge, or other circumstances warrant such development in order to prevent interference or pass through. Interference and pass through are defined at 40 CFR 403.3(k) and (p), respectively. As noted above, a state with an Approved state Pretreatment Program may instead assume local responsibilities as provided in 40 CFR 403.10(e). EPA anticipates that the approved states will choose to carry out the oversight activities themselves rather than requiring a POTW to develop a full Pretreatment Program solely to regulate its dental dischargers.

Would states or municipalities that already implement Dental Amalgam Control Programs need to modify their regulations?

The proposed rulemaking would not affect existing state and local requirements that control discharges of dental amalgam. However, states with approved state programs and POTWs with approved Pretreatment Programs would need to enforce the federal requirements at a minimum. The new federal requirements include removal of at least 99.0% of total mercury from amalgam discharges which can be accomplished through proper use of a 2008 ISO 11143 certified amalgam separator with a removal efficiency of at least 99.0%. The proposal at part 441.40(d) would allow dentists currently operating amalgam separators no less efficient than 95% to continue to operate their separators for ten years before they would be required to meet the 99% removal standard. Where ongoing state or POTW Control Authority programs require additional information or implementation requirements, the Control Authority must implement and enforce both program requirements and, for overlapping requirements, the more stringent of the two programmatic requirements.

Will states or municipalities that already implement Dental Amalgam Control Programs need to issue control mechanisms or permits to impose requirements that are more stringent than the federal requirements?

The legal authority requirements for a POTW Pretreatment program only require issuance of an individual or general control mechanism to SIUs, 40 CFR 403.8(f)(2)(1)(iii)(A). The proposed regulation modification in the General Pretreatment Regulations is to establish a new DIU classification of Industrial User. The proposal indicates that a DIU will not be a Significant Industrial User. Where the state or POTW existing dental amalgam control programs are equal to or less stringent than this proposal, and the state or Control Authority adopt and have their Pretreatment Programs appropriately approved to incorporate EPA’s DIU provisions, dental offices compliantwith the DIU classification will not need to be issued a control mechanism.

What reports would dental dischargers be required to submit?

Existing and new dental dischargers could comply with the special reporting requirements in 40 CFR part 441 in lieu of the otherwise applicable reporting requirements in 40 CFR part 403 by submitting the Baseline Report (40 CFR 441.60(a)(1)) and the 90 Day Compliance Report (40 CFR 441.60(a)(2)) and Periodic Monitoring reports (40 CFR 441.60(a)(3)). Submission of these reports would satisfy the reporting requirements in 40 CFR parts 403 and 441. Dental dischargers who do not submit reports consistent with the requirements in 40 CFR 441.60 would be required to submit the reports described in 40 CFR 403.12(b), (d), and (e).

Can the DIU designate a contractor or contract vendor to submit Compliance Reports to the Control Authority or EPA?

In accordance with 40 CFR 403.12(l), Baseline Monitoring Reports, 90-day Compliance Reports, and Periodic monitoring reports (40 CFR 403.12(b), (d), and (e), respectively) must be signed by (1) a responsible corporate officer of the IU if it is a corporation; (2) a general partner or proprietor if the IU is a partnership or sole proprietorship; or (3) a duly authorized representative of the responsible corporate officer, general partner, or proprietor if the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager or a position of equivalent responsibility for environmental matters for the company and the written authorization is submitted to the Control Authority. (28) This does not preclude a third-party from submitting the reports as long as the submission includes the proper signature from the DIU.

Would Control Authorities need to modify their Sewer Use Ordinance and state regulations, respectively, to incorporate these changes to 40 CFR part 403?

The proposed changes to 40 CFR part 403 to create the DIU classification are changes that the Control Authority may adopt at its discretion. The changes to 40 CFR part 403 provide program flexibility and are not required to be incorporated into the state or POTW’s Pretreatment Program. However, for Control Authorities to designate dental offices as DIUs, the state and POTW Pretreatment program would need to incorporate these changes into their legal authority under 40 CFR 403.8(f)(l).

Comments on this proposed rule must be received on or before December 22, 2014.  See, http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OW-2014-0693-0001