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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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JAN 6 2006 

OFFICE OF 

WATER 

The Honorable Donald A. Manzullo 

Chairman, Committee on Small Business 

House of Representatives 

Washington, DC 20515 

Dear Chairman Manzullo: 

Thank you for your letter to Administrator Johnson, dated November 15, 2005, 

concerning mercury in wastewater from dental offices. You recommended that the 

Environmental Protection Agency (EPA) issue a nationwide guidance to all publicly owned 

treatment works (POTWs) and to dental offices on amalgam discharges to POTWs. You also 

requested a response concerning a voluntary collaborative plan to address this issue and "efforts 

to prevent ad hoc guidance from being propounded by EPA regional offices." 

The issue of reducing mercury releases to the environment is important because the 

primary exposure of people in the U.S. to mercury is from eating fish and shellfish containing 

methylmercury. As Geoffrey Grubbs, the former Director in the Office of Science and 

Technology within the Office of Water, stated in testimony to the US House of Representatives' 

Subcommittee on Wellness and Human Rights of the Committee on Government Reform on 

October 8, 2003, EPA recognizes that the decision to use dental amalgam is a medical decision 

that is best made by dental professionals and their patients. At the same time, EPA believes that 

it is appropriate to consider how to best limit releases of mercury to the environment resulting 

from the dental use of mercury-containing materials such as dental amalgam. As a result, several 

offices within EPA have developed technical assistance and other guidance and continue to work 

on programs addressing mercury in wastewater from dental offices. As we continue to work in 

this area, I agree with you that our priority should be to achieve results though effective 

collaborations with stakeholders, including the American Dental Association. Indeed, EPA has 

collaborated or consulted with the ADA in a number of instances. For example: 

" Our Great Lakes National Program Office provided funding for videos produced by the 

American Dental Association (ADA) titled, "Best Management Practices for Amalgam 

Wastes"; 

" Our Office of Solid Waste and Emergency Response is currently working with ADA to 

develop a national consensus standard on amalgam waste container design and amalgam 

recycling. It anticipates that a final standard will be completed by the beginning of 2006; 

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" EPA Region 5 met twice with and received input from the ADA prior to publishing 

the Mercury Pollutant Minimization Program Guidance. This document presents a 

framework for POTWs subject to Great Lakes Initiative-based requirements to assess 

and minimize mercury contributions to their systems 

(http://www.epa.jzov/re,gion5/water/npdestek/mercury Vmp nov 04 guidance pdf) . 

A number of EPA Regions have issued or are considering issuing guidance that 

relates to mercury discharges to POTWs. I believe that such guidance, appropriately 

developed, is often helpful in providing information tailored to the specific needs and 

challenges facing states and municipalities within the region . However, I understand 

your concern that production of separate guidance in a number of regions can lead to 

inconsistencies in approach. The Office of Water works with regions on such documents 

to help provide a common technical base of information and consistency with overall 

national policies . I am also actively considering whether OW should develop national 

guidance in this area and have asked my staff to assess existing regional efforts in order 

to inform my decision on this matter . 

Thank you for your interest in this matter. Please contact me if you have any 

questions or have your staff call Tom Dickerson, Office of Congressional and 

Intergovernmental Relations at (202) 564-3638. 

Sincerely, 

_19V4'A~~ 

Benjamin H. Grumbles 

Assistant Administrator 

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