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Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution
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Advisory Committee on Mercury Pollution

Ninth Meeting: Thursday December 2, 1999
Time: 9:00 a.m. - 11:30 a.m.
Location: Burlington Municipal Waste Water Treatment Plant, Conference Room
Lavalley Lane, Burlington, Vermont

MINUTES

Members Present:
Tim Scherbatskoy, University of Vermont
Richard Phillips, Vermont Agency of Natural Resources
Elizabeth Ready, Chair of Senate Natural Resources and Energy Committee
Michael Bender, Abenaki Self-Help Association, Inc
William Bress, Vermont Department of Health

Guests Present:
Jennifer Holliday, Chittenden Solid Waste District
Allison Crowley-Demag, New England Public Affairs Group
Theresa Feeley, National Electrical Manufacturers Association
Gary Gulka, Vermont Agency of Natural Resources, Environmental Assistance
Tom Benoit, Vermont Agency of Natural Resources, Environmental Assistance
Karen Knaebel,Vermont Agency of Natural Resources, Environmental Assistance

The Committee members and interested parties gathered in the Conference Room, Burlington Municipal Waste Water Treatment Plant, Burlington, Vermont and the meeting was called to order by Tim Scherbatskoy.

Agenda Item 1-

Accept minutes of the November 5th meeting and changes to today’s agenda.

Minutes were reviewed and accepted with a change in the spelling of guest present, Theresa Freeley to be corrected to Theresa Feeley. Also, a change on page four, paragraph one, in the last sentence as to a comment by Mr. Scherbatskoy.

Agenda Item 2-

Model Legislation Update - Rich Phillips

Copies were distributed of the proposed model legislation. Rich Phillips advised the Committee that stakeholders meetings were scheduled for December 14, 1999 in Springfield, Massachusetts and December 21, 1999 in Bedford, New Hampshire.

  • New Hampshire and New York putting model legislation in this session
  • Vermont does not plan to attempt model legislation until next year
  • Time should be spent to review and evaluate model legislation for what will work best for Vermont.
  • Agency believes Committee’s help in this evaluation is important.
  • Vermont will keep in contact with New York, New Hampshire & NEWMOA on model legislation progress and events.
  • Stakeholder’s meeting process-concurrent sessions - break into groups and discuss particular portions of model.
  • After stakeholder session, there will be a period for input with a deadline of January 15, 2000. Information will be evaluated and revisions will be made to model.
  • Process by NEWMOA will be complete once model is revised. Governors will confirm model and individual states will choose from legislation the portions which will best serve their state’s needs.
  • Committee agreed that they would draft a letter which would be presented to NEWMOA with comments regarding model legislation. This draft would be prepared by Michael Bender and presented for comment at the December 15, 1999 meeting of the Committee.

Agenda Item 3-

Incinerator Update - Rich Phillips

Rich Phillips distributed two letters written by Canute Dalmasse, Commissioner of the Department of Environmental Conservation to the Town of Windsor and also to Senator McCormack regarding the funding for Wheelabrator pollution controls.

  • Requirements by New Hampshire for the upgrade of the incinerator are not established.
  • Act 78 established policies that promoted a user-pay policy. Outside funding could set a precedent which would undermine Act 78 policy.
  • State policy that regulated entities bear the cost of compliance.
  • Can Vermont capital funds be spent on a project that is located outside of the state?
  • Can Vermont towns negotiate to get out of current contract with Wheelabrator?
  • Issues presented in letter will be used to determine whether funding is available.
  • Committee on the record that they favor resolution to reduce risk. Draft letter is to be prepared by Rich Phillips for presentation and comment at the next Committee meeting. Final document will be sent to Commissioner Dalmasse and copied to Senator McCormick.
  • Copies of the letters from Commissioner Dalmasse to the Town of Windsor and Senator McCormack will accompany these minutes which are sent to members and interested parties.

Agenda Item 4-

Status Report - Thermometer Phase out - Michael Bender

Michael Bender distributed a handout for a "Working Draft Concept Paper for Statewide Thermometer Phase-Out, Collection/Exchange." Mr. Bender gave a brief overview to the committee.

  • Idea consistent with section 9(b) introduced in model legislation.
  • Mr. Bender spoke with several state Agency parties for support of the program and received favorable response.
  • Would like to see recommendation to the legislature to:
  • Phase out sale and use of thermometers to be implemented in one or two years.
  • Coordination between Department of Environmental Conservation/Health Department/Solid Waste Districts for thermometer exchange program.
  • Health Department involved in reaching out to community day-care centers.
  • How project could potentially be funded:
  • Districts are already required to set up management programs.
  • State would have to have someone to work with districts. Funds would be necessary for staff time, education.
  • Start with program this session, next session request funding.
  • Mr. Bender to address issue more completely at next meeting.
  • Copies of Mr. Bender’s concept paper to be distributed with minutes for this meeting.

Agenda Item 5-

Prepare draft report

Outline distributed to Committee by Tim Scherbatskoy for recommendation as to format for Committee’s 2000 legislative report. The goal of the Committee is to submit the report on or about January 17, 2000. The Committee decided to focus on the larger issues and agree on content of report with recommendations.

Executive summary should be at the beginning of the report highlighting recommendations.

History - brief paragraph as to how the Committee works, what it has accomplished during the year and new items.

Work of Committee in 1999 - what has been accomplished. Report on all accomplishments regarding mercury programs and activities. Add as addendum or incorporate into body of report. Agency and Health Department activities and other issues such as:

  • School lab chemical clean-out project
  • Mercury informational brochure targeted to pregnant women and parents of young children
  • Model legislation
  • Efforts to investigate fish farm
  • Mercury manometer phase out - $15,000 now in Governor’s budget proposal.
  • Retrofit on Claremont facility - mention draft letter from Committee to Agency.
  • Summarize results of last year’s Committee recommendations

Current and Anticipated Issues

  • Tim Scherbatskoy, Michael Bender and Bill Bress to contribute data as it relates to items one and two for which the Committee is responsible to report according to §6621e of 10 V.S.A., Chaper 159. Hollie Shaner is to contribute as the items that may relate to health issues.
  • Address the seven tasks indicated in law.
  • Contractor’s pledge cards for proper disposal of mercury-added products

Recommendations -

  • Specific recommendations to NEWMOA regarding model legislation
  • Resolution supporting Patrick Leahy’s bill.
  • Support programs and legislation being suggested by solid waste districts regarding mercury switch removal from appliances as the mandated responsibility of collectors of waste appliances
  • Support change in wording for labeling law to indicate "listed" products in lieu of "labeled" mercury-added products to be banned from landfills. Rich Phillips and Michael Bender to work on language for proposal.
  • Review recommendations in 1999 Legislative Report to determine if they should be re-stated.

1. The General Assembly should require that Vermont solid wastes destined for incineration be disposed only at facilities which meet a 0.028 milligrams per dry standard cubic meter mercury emission standard.

Number one should be re-evaluated and revised.

2. As a matter of public policy, the State of Vermont should be moving toward elimination of waste incineration. The toxicity of mercury and other emissions, coupled with the cost and difficulty of controlling them, argue against this method of waste disposal.

Number two should remain as a recommendation.

3. The Committee supports development of programs for the collection of waste mercury, mercury compounds and mercury-containing products (such as appliances, switches and thermometers). Two such programs are envisioned to begin in 1999 with state support: (1) a high school lab chemical clean out project proposed by the Agency of Natural Resources and (2) a dairy manometer collection and replacement project proposed by the Department of Agriculture are particular priorities.

Number three could be a lead in for several other programs.

4. The so-called "Universal Waste" provisions of Vermont’s Hazardous Waste Management Regulations should be expanded to include all mercury-added products.

Number four should be included and expanded to be more specific

5. The Vermont Department of Health should develop a research proposal to find out the extent of mercury risk to Vermont populations that eat large numbers of fish.

Number five should be eliminated as Health Department did not feel comfortable with supporting research.

Work Plan for this year

  • Survey dental offices to determine amounts of dental amalgams that are commonly retained for use or disposal.
  • Research salvage-yard programs for mercury-added device removal.
  • Review applicability of model legislation items for consideration in Vermont
  • Support solid waste district programs on appliance switch removal
  • Research mechanism for state-wide survey for consumption rate of ocean fish.

Agenda Item 6-

Other topics not on agenda

Chris Recchia, Deputy Commissioner, Vermont Department of Environmental Conservation addressed the Committee to update the current status of the NEMA lawsuit with Vermont. Mr. Recchia told the group that the Agency is still moving forward and filed an appeal of the injunction on product packaging and labeling with a thirty-day negotiation period to resolve the issues with NEMA. The Committee offered its support and advised Mr. Recchia that they would like the Agency to keep them informed of the progress of the lawsuit. The Committee offered its assistance in providing expertise from members if necessary.

Agenda Item 7-

Set agenda for December 8th meeting and determine guest speakers

Items were discussed to be included in the December 8, 1999 agenda. Many members of the Committee had conflicts in setting the meeting date for December 8. It was determined that all members would be notified as to their availability and if a better date withing the same week could be established that the meeting date would be changed so that more members of the Committee could be present to contribute to the Committee’s report to the legislature.

Committee decided to revisit question at next meeting as to whether information should be obtained for clarification to the report from outside parties. Gary Schultz will be contacted by the EAD to determine his availability for the December 15, 1999 or January 12, 2000 Committee meeting.

 

    
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