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Information on 6 NYCRR Part 374-4 Regulations

6 NYCRR Part 374-4

Final Regulations
Management of Mercury and Dental
Amalgam Wastes at Dental Facilities
and Associated Revisions to
6 NYCRR Parts 364, 370 and 371
Effective May 12, 2006

Pursuant to Environmental Conservation Law (ECL) Section 27-0926, as enacted by Chapter 506, Laws of 2002, the New York State Department of Environmental Conservation (NYSDEC) has adopted new regulations, 6 NYCRR Subpart 374-4 - Standards for the Management of Elemental Mercury and Dental Amalgam Wastes at Dental Facilities.

Section 27-0926, in the ECL, "Use and recycling of elemental mercury and dental amalgam by dentists.", prohibits the use of non-encapsulated elemental mercury in dental offices and requires dentists to recycle any elemental mercury or dental amalgam waste generated in their offices in accordance with regulations that the Department was authorized and directed to promulgate. This rule provides management standards and requirements that must be met as required by statute.

To help maximize the recycling of mercury-containing dental amalgam waste from dental wastewater, the standards require dental facilities to install, properly operate and maintain mercury amalgam separation and collection equipment. The regulation also specifies mercury, amalgam and amalgam capsule waste recycling requirements. Minor technical amendments were also made to other 6 NYCRR Parts. 6 NYCRR Part 364 was amended to clarify that elemental mercury and dental amalgam wastes from dental facilities are exempt from waste transporter permitting requirements if sent for mercury recovery. 6 NYCRR Part 370 was amended to add an "incorporation by reference" in regard to the ISO 11143 standard. 6 NYCRR Part 371 was amended to renumber Part references to reflect the addition of the new Subpart 374-4.

The final regulations are effective May 12, 2006.

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