The rule does NOT apply to dental offices where the practice of dentistry consists exclusively of one or more of the following dental specialties: oral pathology, oral and maxillofacial radiology, oral and maxillofacial surgery, orthodontics, periodontics, or prosthodontics; dental offices that discharge to a septic system; or discharges to POTWs from mobile units.  If the rule does not apply to your dental practice, you are not required to submit the Virginia Dental Rule Compliance Form.  However, even if the Rule does not apply to your office, it would be helpful to submit the first 2 pages of the form so your status can be indicated in our records. Please email DentalRule@DEQ.Virginia.gov if you have questions. 

Dentists who discharge to a septic system and those who operate out of mobile dental clinics should contact the wastewater treatment plant that receives the dental wastewater to see if there are restrictions from being required to have amalgam separators. The wastewater treatment plant may have their own restrictions on waste that they will accept, and may not take dental wastewater that could contain amalgam. Installing an amalgam separator would resolve the issue.

Amalgam is the silver-colored material used to fill teeth.  It is composed of 50% mercury and a metal alloy mixture of silver, tin, copper and other trace metals.  Currently, dental discharges with amalgam travel through the sewers to publicly owned treatment works (POTWs) which treat the wastewater prior to discharge into state waters.  The amalgam waste becomes part of the sewage sludge, which is then disposed of in landfills, by incineration or land application.  Mercury, which is a potent neurotoxin, can be released from the amalgam into the environment and bioaccumulate in fish and shellfish. 

Amalgam separators remove 95-99% of the dental amalgam from the dental wastewater before it is discharged to the sewer.  EPA estimates that dentists discharge approximately 5.1 tons of mercury each year to POTWs.  Amalgam collection devices will significantly reduce the amount of mercury discharged, along with dentists using other restorative materials.  The American Dental Association (ADA) has additional information on handling amalgam waste. 

The Dental Rule was developed by EPA, codified at 40 CFR Part 441, and published in the Federal Register on June 14th, 2017. There were two addendums published June 26th, 2017 and July 5th, 2017 to correct compliance dates in the rule. Additional information on the development of the rule can be found on the EPA site.