May 20,2004

Comment on: The New York State Department of Environmental Conservation Preliminary Draft for Proposed Standards for Management of Elemental Mercury and Dental Amalgam Wastes at Dental Facilities

The Rockland County Conservation Association (RCCA) supports the establishment of the proposed waste management standards for dental facilities that use mercury or generate mercury-containing wastes. Further, we believe that in the advocacy of "informed consent" and a mission to educate the public, those dental facilities stipulated under this proposed draft should be required to post related information about the use of mercury, a toxic substance and its affiliated environmental implications. Additionally, we believe that the increased cost of proper waste management should be broken out in the charge for services rendered. Understanding of all related exposures involved with treatment should be made clear to the dental patient.

An overarching issue that we understand is not the direct focus of the Environmental Conservation Law (ECL) Section 27-0926, Chapter 506, preliminary draft regulation, 6NYCRR, Subpart 374-4, is that, a dental industry group supports the use of mercury, a highly potent neurotoxin in its daily operating practices. The health implications for use of dental mercury amalgam fillings is a highly, debated topic worldwide. The harmful impact of mercury to human health has been widely known for centuries. Resulting toxic waste from dental mercury amalgam fillings and the harmful effects to the environment are a result of dental practice standards, supported by the American Dental Association (ADA). In the American Dental Association's Comments on PDA's Proposed Rule and Special Control Guidance on Dental Amalgam Products [Docket No. 01N-0067], it is stated that "The ADA is a not-for-profit organization representing its member dentists who number approximately 141,000." It is later stated within the theme of specific regulatory classification of amalgam products that, "The comments then address the scientific evidence that PDA has reviewed in accordance with a comprehensive methodological process to justify this regulatory action. Next, the comments discuss why, from a regulatory perspective, a uniform class II classification with special controls is the appropriate regulatory categorization for the dental amalgam products. The comments then describe why a hearing on this proposed rule is unnecessary. Next, the comments provide summaries of additional scientific evidence provided by ADA in support of the proposed rule. Finally, the comments address why the proposed rule should preempt conflicting state laws regarding dental amalgam products."

Given the implicit support by the ADA for the use of a product which, contains as much as fifty percent mercury, RCCA believes that the patient and public has a right to know just what their choices are with regard to dental filling materials, and the potential harm to natural resources.

An example where a related societal cost bears out hi Rockland County is in the costs of wastewater treatment.  A review process is underway for a new sewage treatment facility in Western Ramapo.  Studies show that mercury is passed in feces and urine.  Mercury has not been included in what is to be filtered in the Western Ramapo treatment site.  The effluent is being used for recharge to the Ramapo River, a source of the water supply to many thousands of residents, in NY, and NJ.  The additional costs incurred to adapt such filtering will be borne by the public.  The Toxicological Profile for Mercury TP-93/10.  (U.S. Department of Health & Human Services Public Health Service, Agency for Toxic Substances and Disease Registry) pg. 13, states "The general public is exposed to mercury primarily from the diet and dental amalgam."

We know that maintaining a well-balanced environment is a function of the demands we impose and our supportive actions to mitigate harm.  It is for this reason that RCCA supports fully the proposed standards for dental amalgam waste however, we remain unalterable in the public's right to know about the environmental implications of their "informed decision" to choose a mercury amalgam filling.  Additionally, the ADA acknowledges that there is a subset of the population who are allergic to mercury.  This is further reason to limit what is released into the environment.

The Rockland County Conservation Association thanks the Commissioner and staff members of the Department of Environmental Conservation for the opportunity to comment on this important issue.

Submitted by: Dorice Madronero 2^nd vice-president
Betty Hedges President