Interpretation Response #04-0245 ([Rebec LLC] [Mr. Michael K. Jeffers])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Rebec LLC
Individual Name: Mr. Michael K. Jeffers
Country: US
View the Interpretation Document
Response text:
Nov 24, 2004
Mr. Michael K. Jeffers Reference No. 04-0245
Compliance Manager
Rebec LLC
P.O. Box 658
Edmond WA 98020
Dear Mr. Jeffers:
This is in response to your October 6, 2004 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to dental amalgam. According to your letter, dental amalgam is an inter-metallic compound of mercury, silver, copper, and tin, used by dentists for the long-term filling of teeth. You state that the mercury in dental amalgam is bonded with the other metals and does not constitute a mixture. You further state that dental amalgam does not retain its property as a liquid nor does it exhibit any of the characteristics of elemental mercury. You ask
whether dental amalgam would ever be identified as a hazardous substance because of the presence of mercury.
The answer is yes. Appendix A of the Hazardous Materials Table (HMT; § 172.101) lists materials. and their corresponding reportable quantities (RQ’s) that are designated as hazardous substances. Mercury is such a material and, thus, is regulated as a hazardous material under the HMR. However, provided your material does not meet the RQ for mercury in pounds (kilograms) and in concentration by weight if in a mixture or solution, and does not meet any of the criteria of a hazardous material specified in § 171.8, it would not be subject to the HMR.
I hope this information is helpful. If we can be of further assistance, do not hesitate to contact us.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
172.101
APP. A