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Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

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Advisory Committee on Mercury Pollution

Fifteenth Meeting: Thursday, March 16, 2000
Time: 9:00 a.m. -11:30 a.m.
Location: Training Room, Water Supply Division, Old Pantry Building
103 South Main Street, Waterbury, Vermont

MINUTES

Members Present:
Tim Scherbatskoy, University of Vermont
Hollie Shaner, Fletcher Allen Health Care
Michael Bender, Abenaki Self-Help Association, Inc.
Richard Phillips, Vermont Agency of Natural Resources
Ric Erdheim, National Electrical Manufacturers Association (by telephone conference)

Guests Present:
Theresa Feeley, National Electrical Manufacturers Association
Julie Hackbarth, Vermont Agency of Natural Resources, Waste Management Div.
Annie MacMillan, Vermont Department of Dept. of AF & M
Gary Gulka, 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 Training Room Water Supply Division, Old Pantry Building, Waterbury State Complex, 103 South Main Street, Waterbury, Vermont and the meeting was called to order by Tim Scherbatskoy and Hollie Shaner.

Agenda Item 1-
Accept minutes of the February 10th meeting and changes to today’s agenda.

Minutes of the February 10th meeting were reviewed with a change to page four of the minutes, item #10. This item was revised to reflect the exact language which was included on page two in the Executive Summary the Committee’s 2000 report in the next to last bullet. With this correction the minutes were reviewed and accepted.

Agenda Item 2-
Review draft and develop Committee’s 2000 work plan (including detailed process for implementation of recommendations and specifics of assignments for task completion).

The Initiatives were reviewed as follows:

Initiative #1- Comprehensive mercury legislation for next session.
Initiative #2- Amendment of the mercury law.

  • Committee agreed to address these items more completely at its April 13, 2000 meeting.
  • Initiatives #1 and #2 involve the Committee’s review of the model legislation proposed by NEWMOA.
  • Model Legislation Review:
    • Major initiative for Advisory Committee.
    • Model legislation viewed as menu. What portions will Vermont address?
    • Will the Advisory Committee involve public with forums around the state to gather information and comments?
    • Careful review of how current legislation is working.
    • Develop draft legislation recommendations in September/October time frame so that final Committee recommendations will be completed for the January 2001 Advisory Committee Report.
  • Model Legislation still not finalized. Should be presented to Governors in early June.
  • Rich Phillips to define a process of review for Advisory Committee. He will email review process to members in advance.

Initiative #3 - Funding for dairy manometer collection, replacement and disposal program.

Annie MacMillan advised the Committee that she was applying for a grant to the Lake Champlain Basin Grant Review Committee to support the Northwest Solid Waste Management District’s Mercury Manometer Replacement Program for dairy farms in the Lake Champlain Basin. The grant proposal is for approximately $21,000 with $7,000 from the Vermont Department of Environmental Conservation and $3,000 in kind from the Solid Waste Districts for the removal and replacement of 87 dairy manometers located in the Vermont portion of the Lake Champlain basin. The solid waste districts will be providing collection and disposal with the Department of Agriculture Food and Markets (Dept. Of AF&M) providing the technical assistance. A draft support letter was reviewed by the Committee for signature by the Advisory Committee chairs. The letter was approved, signed by the chairs and was presented to Annie MacMillan to include with the proposal.

  • Approximately 13 manometers would remain at a cost of $6,500.00 for removal and replacement.
  • The Dept. of AF & M is still in the process of identifying non-working farms. To locate these farms, they are inquiring through dealer records and auctioneers of the sale of farms.
  • Annie MacMillan will provide information to the Committee next year on progress of identifying the non-working farms.
  • Process for removal and replacement of manometers:
    • Currently have a list of 37 interested farms.
    • Send brochure and a letter to farm.
    • Farm contacts dairy equipment installer to set a date for replacement of manometer.
    • Installer takes the mercury manometer back to his place of business.
    • Installer takes to Solid Waste District for disposal.
  • Time line for completion of current project by Dept. of AF & M is September 1, 2000.
  • Michael Bender and Mary Sullivan to check on status of funding through the Legislature.
  • Michael Bender to check with Jeb Spaulding on status of funding through the Legislature and report back to the Committee.
  • Suggested media event for recognition of farms that have participated in program to be organized by Michael Bender and Annie MacMillan. Possibly on June 6th for Dairy Month.
  • The Committee suggested that dealers should be responsible to keep track of removal phase. The Committee suggested a sign-off sheet for which farm each manometer originated and when the mercury manometer was replaced with the non-mercury manometer.
  • The Committee suggested that a deadline be included in the letters to the farmers so that a follow-up call could be made to the farmer.
  • The Committee also suggested that manometer program updates be posted in the "Mercury Updates" page on the Environmental Assistance Division’s Mercury web site.

Initiative #4 - Funding for the continuation of Vermont Monitoring Cooperative.

  • Tim Scherbatskoy advised the Committee that the Monitoring Cooperative was still scheduled to discontinue in March.
  • Approximately $60,000 per year estimated to keep program alive.
  • Two possible political avenues:
    • Air Pollution Control - Stopgap funding.
    • Interest from Federal Government - line item in budget for next fiscal year- long term funding. Tim Scherbatskoy to follow up on possibilities through Senator Leahy’s office.
  • Rich Phillips to present letter of support to NESCAUM for signature by Chris Recchia and Mark Smith. Copy to NEWMOA. To be completed for signature by March 18, 2000. Tim Scherbatskoy to draft letter; Rich Phillips to present for signature.

Initiative #5 - Restrict sale of mercury fever thermometers.
Initiative #6- Development and funding of a collaborative fever thermometer exchange and mercury-free thermometer give-away program.

  • M.E.R.C. (Mercury Education and Reduction Campaign) Committee to meet on April 13, 2000 to develop strategies for:
    • Restricting the sale of mercury fever thermometers.
    • Conducting a successful fever thermometer exchange.
    • Contacting 150 pharmacies in state to develop pledge programs to stop the sale of mercury fever thermometers in their store.
  • M.E.R.C. committee includes members from Solid Waste Districts, Environmental Assistance Division and the Association of Vermont Recyclers.
  • Hollie Shaner will be contacting AHEC, NSG Board, VSNA, Vermont Pharmacists Association, doctors, State Medical Association and others from the health care community to attend the April 13, 2000 M.E.R.C. Committee meeting.
  • M.E.R.C. Committee to advise progress to Committee at the Advisory’s May meeting.

Initiative #7- Stringent mercury emission standards for incinerators.
Initiative #8- Future elimination of solid waste incineration.

  • Discussion on these two initiatives were tabled until a later date when further progress has developed so that specific initiatives can be determined by the Committee.

Other Initiatives:

  1. The development of mercury training programs on mercury device removal.
    • This is the next scheduled project to be developed by the M.E.R.C. Committee.
  2. Funding and development of mercury education and reduction programs.
    • M.E.R.C. Committee comprised of several Solid Waste District representatives and Agency representatives - statute charged the Agency and the Districts with public education for mercury.
  3. Educational outreach programs to the health care community to encourage reduced use of mercury fever thermometers and other mercury-containing medical devices.
    • Committee Recommendation to be addressed by M.E.R.C. Committee.
  4. Continue to communicate with Dental Society to monitor the success of outreach efforts and possible development of follow-up survey.
    • Committee plans to contact Peter Taylor to obtain a status report.
  5. The establishment of voluntary pledge programs.
    • Committee Recommendation for pledge program for fever thermometers to be addressed by M.E.R.C. Committee.
  6. A statewide survey to assess consumption rate of ocean fish in sensitive populations.
    • The Committee agreed that this initiative should be discussed by Bill Bress and Michael Bender in more detail to determine the direction of the approach.
  7. Coordination of information outreach between the Agency of Natural Resources and the Department of Health.
    • The Committee suggested that the Agency coordinate with Bill Bress to begin working towards this recommendation.
  8. Expansion of the "Universal Waste" provisions.

    The Hazardous Waste Program is receptive to expanding to include other mercury wastes; however, rule revisions will take time. Gary Gulka to follow up and report back to Committee regarding expansion of rule.
    • Regional model attempts to assure that all states within the region have similar content in their Universal Waste provisions.
    • The Committee encourages establishing by Agency policy the expansion of the universal waste rule to address other mercury wastes prior to rule promulgation.
    • Gary Gulka is to advise the Committee at the May meeting of the status of hazardous waste program policy regarding universal waste.
    • It was suggested that the Committee encourage EPA to establish a national mercury-containing equipment rating.
    • Michael Bender and Ric Erdheim will make a suggestion on behalf of the Advisory Committee to the Regional Mercury Task Force to send a letter to the EPA encouraging consistency in adopting universal waste provisions between states for mercury containing devices and equipment.
    • Michael Bender is to advise the Committee status regarding this recommendation to the Regional Mercury Task Force at the May meeting.
    • Michael Bender is to FAX a list to Gary Gulka regarding the mercury items that should be added to the universal waste rule.
    • Committee will readdress work plan regarding obvious next steps for implementation of recommendation.
  9. Committee’s January 2001 Report.
    • The Committee agreed that this product should be included in the agendas for September and October for completion in January.

Ongoing Initiative - Continued support of School Science Lab and Mercury Clean-Out Project.

  • Gary Gulka advised the committee that the next two workshops for the School Clean-Out Project were scheduled for March 21, 2000 for the first workshop for the second round of schools and March 23, 2000 for the second workshop for the first round of school. Over twenty schools had already been completed and they projected to have the first twenty-five schools completed in the next two weeks.
  • Mr. Gulka advised that the project was adequately funded. He would be able to provide more accurate cost figures after the first round of schools were completed.
  • Gary Gulka will advise the Committee on the current status of the school project at the Committee’s May meeting.

The Committee agreed that the work plan should be updated in June to indicate progress of tasks and time lines by recording and adding to the plan as needed.

Initiatives for Consideration at a Later Date - these items were not discussed but are being placed in the minutes for consideration at a later meeting.

  • Continued participation by Vermont in the Mercury Task Force and other regional workgroups and efforts to implement the recommendations in the Mercury Action Plan endorsed by the New England Governors and Eastern Canadian Premiers. (Ongoing)
  • Vermont’s lawsuit with the USEPA against mid-western coal-fired power plants, filed by Vermont’s Attorney General, which would require significant reductions in mercury emissions. (National in scope)
  • Federal legislation (S.673) and (S.1949) introduced by Senator Leahy to control mercury emissions from all the significant combustion sources of mercury, including fossil fuel-fired power plants, solid waste incinerators, and medical waste incinerators and establish national mercury product labeling, mercury product phase-out and manufacturer take-back programs. (National in scope)

Agenda Item 3-
Other topics not on agenda.

Michael Bender suggested to the Committee that the Advisory Committee on Mercury Pollution in the state of Vermont encourage other states to consider starting an Advisory Committee. He believes that Vermont’s Advisory Committee on Mercury Pollution would be a good model and recommends that the Committee forward information to other states and to communicate with the Regional Task Force. The recommendation will be included in the agenda for the April 13, 2000 meeting and Committee will address this recommendation at that time.

Ric Erdheim discussed the possibilities regarding the Thermostat Recycling Corporation (TRC) in conjunction with the Agency’s efforts. Mr. Erdheim advised that letters had gone to the wholesalers in Vermont with virtually no response. The Agency agreed to work with TRC to notify wholesalers. Mr. Erdheim’s organization is scheduled to meet in April and contact the Agency after that meeting to discuss possible methods to reach the desired audiences. The Agency advised Mr. Erdheim of an up-coming project to notify contractors and suggested a possible connection for education of this group of the program offered by TRC.

Agenda Item 4-
Set date and agenda for next meeting

The next meeting of the Advisory Committee on Mercury Pollution is to be held on Thursday, April 13, 2000 - 8:30-11:00 - Vermont State House, Ethan Allen Room, 115 State Street, Montpelier, Vermont

 

   
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