Ja~teosr,,r~s UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY

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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 AdministratorJohnson, dated November 15, 2005, concerning mercury in wastewater fromdental 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. Youalso requested a response concerning a voluntary collaborative plan to address this issue and "efforts to prevent ad hoc guidance frombeing 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 fromeating fish and shellfish containing methylmercury. As Geoffrey Grubbs, the former Director in the Office of Science and Technology within the Office ofWater, stated in testimony to the US House of Representatives' Subcommittee on Wellness and Human Rights ofthe Committee on Government Reform on October 8, 2003, EPArecognizes that the decision to use dental amalgamis a medical decision that is best made by dental professionals and their patients. At the same time, EPAbelieves that it is appropriate to consider how to best limit releases of mercury to the environment resulting from the dental use ofmercury-containing materials such as dental amalgam . As aresult, several offices within EPAhave developed technical assistance and other guidance and continue to work on programs addressing mercury in wastewater fromdental offices. As we continue to work in this area, I agree with you that ourpriority should be to achieve results though effective collaborations with stakeholders, including the American Dental Association. Indeed, EPAhas collaborated or consulted with the ADAin a number of instances. For example: " Our Great Lakes National ProgramOffice 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 workingwith ADAto develop a national consensus standard on amalgamwaste container design and amalgam recycling. It anticipates that a final standard will be completed by the beginning of 2006 ;

R*cycIad/Racyclabl* -Printed with VegetableOil Based Inks on 100%Recycled Paper (20%Postconsumer)" EPARegion 5 met twice with and received input fromthe ADAprior 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 ) . Anumber 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 amalso actively considering whether OW should develop national guidance in this area and have asked my staff to assess existing regional efforts in order to informmy 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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