From: Walsh, William

To: Maryt Smith/DC/USEPA/US@EPA

Cc: Damon Highsmith/DC/USEPA/US@EPA; bowmanj@ada.org

Subject: The American Dental Association resolution that endorses a mandatory national pretreatment standard for

dental office wastewater.

Date: 10/29/2010 03:12 PM

Attachments: ADA Final Principles to be used to develop mandatory separator pretreatment rule.pdf

ADA Final Principles to be used to develop mandatory separator pretreatment rule.pdf

Attached is the American Dental Association (“ADA) resolution that endorses a mandatory

national pretreatment standard for dental office wastewater. This resolution (which was

initiated prior to EPA's recent announcement that it would issue a pretreatment rule) was

adopted by unanimous consent at the recent meeting of ADA House of Delegates (an

approximately 500 member governing body of the ADA that is composed of dentists elected

from across the country). The resolution also includes the principles that ADA believes

should be used to develop such a pretreatment rule. As Jerome Bowman of the ADA and I

stated at our meeting this week, the ADA now endorses a mandatory national pretreatment

standard provided it is consistent with these principles. We will be working cooperatively to

provide EPA the information that they need to adopt a scientifically sound pretreatment rule

consistent with the enabling statute.

One point of clarification. As we stated at our meeting, there was some prefatory language

associated with the resolution that does use the word "negotiate." The ADA is not requesting

a formal negotiated rulemaking. The ADA understands that EPA, consistent with its practice

in all rulemakings, will be meeting and soliciting information and support from all

stakeholders including the ADA.

The ADA looks forward to working with you and your staff. If you or your staff have any

questions, please feel free to e-mail me or Jerome Bowman of the ADA.

William J. Walsh

Pepper Hamilton LLP

600 Fourteenth Street, NW

Suite 500

Washington, D.C. 20005

(202) 220-1424 -direct

(202) 220-1665 - fax

walshw@pepperlaw.com

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By unanimous consent, the American Dental Association (“ADA”) House of 

Delegates adopted the following principles that should be used to develop a 

mandatory national pretreatment standard for dental office wastewater:

1. Any regulation should require covered dental offices to comply with best 

management practices patterned on the ADA’s best management 

practices (BMPs), including the installation of International Organization 

for Standardization (ISO) compliant amalgam separators or separators 

equally effective;

2. Any regulation should defer to existing state or local law or regulation 

requiring separators so that the regulation would not require replacement 

of existing separators compliant with existing applicable law;

3. Any regulation should exempt dental practices that place or remove no or 

only de minimis amounts of amalgams;

4. Any regulation should include an effective date or phase-in period of 

sufficient length to permit affected dentists a reasonable opportunity to 

comply;

5. Any regulation should provide for a reasonable opportunity for covered 

dentists to repair or replace defective separators without being deemed in 

violation of the regulation;

6. Any regulation should minimize the administrative burden on covered 

dental offices by (e.g.) primarily relying upon self certification (subject to 

verification or random inspection) and not requiring dental-officespecific permits;

7. Any regulation should not include a local numerical limit set by the local 

publicly owned treatment works (POTW);

8. Any regulation should not require wastewater monitoring at the dental 

office, although monitoring of the separators to assure proper operation 

may be required;

9. Any regulation should provide that compliance with it shall satisfy the 

requirements of the Clean Water Act unless a more stringent local 

requirement is needed.