Get Smart about BioClean™

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I am going to be 63 on the 18 th of October. I am a husband, a father, a brother and an uncle. I served as an officer in the South African army. I am President of Operation Savannah, Inc. a faith based recovery ministry. And I have committed 7 years of my life to the EPA Amalgam Rule, including Stephanie Smiles (https://stephaniesmiles.org) that offers a free software platform for electronic record keeping. You would think that by now I would have learnt not to try and tell anyone what to do. Specifically not to try and tell a dental office battling Covid 19 what to do about a Federal regulation they would rather did not exist. And now I am proposing to tell what happens if you do not comply? Ouch! The deadline for submission of your One x Compliance Report to the Control Authority, in terms of the EPA Rule (40 CFR Part 441) is 12 th October 2020. Dental offices need to know who their Control Authority is to get the correct 1 x Compliance Report and to know who/where to send it to. Contact us at Stephanie Smiles (https://StephanieSmiles.org) for help identifying/locating your Control Authority. If you do not submit your 1 x Compliance Report by the 12 th October 2020 you are in violation of the EPA Amalgam Rule. More importantly, you are in violation of a Federal Pre-Treatment Program and subject to the enforcement provisions of Section 309 of the Clean Waters Act. (Section 309 is 7 pages of legalese which are filled with real nastiness) Sooner or later (they have unlimited time to do this) your Control Authority will produce a report of all dental offices in their territory for whom there is no 1 x Compliance Report on file. You will have been caught! Which is where I get into trouble. It really is up to the Control Authority (Federal, State or Local) if, when, and how they might enforce the EPA Amalgam Rule. Three years, required time for keeping records, gives them plenty time to pounce. I have spoken to a number of Control Authorities to get a sense of their plans for enforcement? Wow, do they vary across the country. At the highest level, I understand that the EPA considers enforcement a tool to achieve compliance. Which could include a multi-million dollar fine to a State for failing to implement the Rule effectively. A State could fine an approved pre-treatment program for its failings. While a pre-treatment program could inspect the dental offices in their territory. Bolster local revenues! I urge every dental office to know what they are required to do to be in compliance. Be this the obvious requirement to submit their 1 x Compliance report. To follow the BMP’s, do inspections, recycle a container, dispose of amalgam mercury and keep prescribed records. I strongly encourage everyone to pay attention to Section E of the 1 x Compliance Report. It is a criminal offense to make a knowingly false federal declaration. I am told that lying to the Federal Government is a “not to do” ever. I wish every dental office would comply in full because they hate the idea of mercury being discharged into the environment. I advise every dental office know the possible costs of failing to comply. One Control Authority might choose to not enforce. Another might send a 30 day notice to comply. Others are permitted to go after your pocket book. The starting fine can be as low as $100.00. While Section 309 has the amount of $2,500 per day with maximums. If your Control Authority determines that you have made a knowing false declaration, you could be liable for jail time and a fine not to exceed $25,000.00 per day of the offense. There is a difference between unintentional, knowingly and knowingly false. I am only the messenger. It is all in Section 309 of the Clean Waters Act. Compliance with this Rule is actually quite easy. You have already installed your Amalgam Separator. The 1 x Compliance Report is a fiddle but you only have to do it once. The weekly activities and record keeping need to be followed more stringently but they are things most offices are doing most the time. I have been working with the American Dental Assistant Association and their Virtual Trade Show. I strongly encourage dental assistants to visit our booth (https://www.adaausa.org/Virtual- Tradeshow/Stephanie-Smiles) and to read about the opportunity for dental assistants to learn about this Rule and to save their doctor from some serious hurt. There are some risks in life that are worth taking. There are others like this, where I believe that the risk reward calculation simply does not pencil. Never mind the joy of not dispersing amalgam mercury!