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Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

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Advisory Committee on Mercury Pollution

Meeting #26: Monday, April 2, 2001
Time: 9:00 a.m.-11:30 a.m.
Location: Conference Room, Environmental Assistance Division
Waterbury State Complex, Waterbury, Vermont

MINUTES

Members Present:
Rich Phillips, Vermont Agency of Natural Resources, Environmental Assistance
Michael Bender, Abenaki Self-Help Association, Inc.
William Bress, Vermont Department of Health
Ric Erdheim, National Electrical Manufacturers Association
Neil Kamman, Agency of Natural Resources, Water Quality Division

Guests Present:
Milly Archer, Downs, Rachlin & Martin
Julie Hackbarth, Vermont Agency of Natural Resources, Waste Management Division
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 Conference Room of the Environmental Assistance Division in the Waterbury State Complex in Waterbury, Vermont and the meeting was called to order by Rich Phillips.

Agenda Item 1-
Accept minutes of the December 20th and January 19th meetings and changes to today’s agenda.

  • The December 20, 2000 meeting minutes were reviewed and approved with no changes.
  • The January 19, 2001 meeting minutes were unavailable and will be added to the agenda for review at the next meeting.

Agenda Item 2-
Update on status of mercury legislation.

Rich Phillips updated the Committee on the mercury legislative activity. Mr. Phillips told the Committee that the most current version of the mercury legislation could be found on the mercury web site at www.mercvt.org which was being maintained and updated as changes were made in the bill. The bill has passed out of the Senate Committee of Natural Resources and Energy after four or five weeks of intense work. Considerable changes have been made to the bill as it was originally introduced and very effective testimony prompted these changes. The bill as approved through the Senate Committee has two regional triggers in legislation on the Labeling and Phase Out sections of the bill whereas the sections are not effective until states with a combined total population of 10 million pass similar legislation. The remaining legislation in the bill is effective upon passage. The current labeling law would stay in place until the new legislation becomes effective. This date is two years after the Secretary of the Agency of Natural Resources determines the requirement for the 10-million population trigger has been met. Originally the trigger had been set as becoming effective when two other states adopted the legislation. Senator Scott proposed the trigger be changed to read as it is stated in the toxics in packaging legislation to trigger on the 10 million population figure.

The bill passed out of the Senate Natural Resources Committee and is now being reviewed by the Appropriations Committee before a Senate floor vote. Unfortunately, because of the remaining time, the chances are low that this bill will move through the House this session. The appropriation needs for the mercury bill have changed substantially due to the trigger delay in the phase-out and labeling sections. Also, the exemption process in the phase-out section has been delayed four years and the Clearinghouse will not be established for at least another year, which requires less funding than originally calculated.

Comments regarding the bill:

  • Current figure for appropriations has been reduced to approximately $100,000.
  • Concern that if current legislation does not pass, $40,000 appropriation for manometer project will not be funded this year.
  • Question as to whether funding for the manometer project could be independent from the bill passing.
  • Authorization for any expenditure from the Solid Waste Management Fund would need to be mandated by legislation. Without the mercury legislation, there is no funding.
  • Suggestion that the Committee send a letter to the Governor’s office and the Appropriations Committee expressing their recommendation to fund the completion of the manometer project.
  • Suggestion that the Committee write an op-ed piece on the manometer issue.
  • Question as to whether or not there was existing funding to continue the manometer project. It was understood that Department of Agriculture Food and Markets had no funding available at this time to allocate to this project and the funds would need to come from elsewhere.

Rich Phillips will discuss the manometer funding issue with the Agency and will draft a letter as quickly as possible for the Committee to review via e-mail. The letter is to be directed to the Governor’s office and the Appropriations Committee.

Agenda Item 3-
Review and update Committee’s work plan for 2001.

The Committee Work Plan was developed from the bulleted information in the Advisory Committee’s 2001 January report as follows:

  1. Provide legislative testimony and information to the legislative committees on proposed mercury product legislation.

Comments:

  • Agency plans to develop an informational package for the House Natural Resources and Energy Committee on the proposed mercury legislation once passed through the Senate.
  • This package will include information on the changes, which were made to the legislation that was originally introduced in the Senate.
  1. Conduct a review of environmental monitoring data, studies, and environmental research initiatives (state, regional and national) on all aspects of mercury contamination in air, soils, water, and biota to gain a better understanding of the health risks to Vermonters.

Comments:

  • Concern as to the extent of further efforts to review monitoring data considering the limited funds available for fish sample testing this year.
  • Suggestion that the Committee should review current monitoring activities.
  • Suggestion to review information on mercury concentrations in wastewater discharge facilities, biosolids, landfills and other concentrations.
  • Suggestion to identify data gaps and prioritize the order for review.
  • Suggestion to conduct a literature review of the most current research.
  • Suggestion to create a time-line for the literature review.
  • Suggestion to conduct the review on information inside and outside of Vermont.
  • Suggestion to have the research efforts done by an intern (grad student rather than undergraduate) and someone with experience to provide direction. Neil Kamman volunteered to provide this guidance.
  • Suggestion to gather information and present back to the Committee to be included in the 2002 Report.
  • Suggestion to focus on areas where the data is not adequate – complete a revised risk assessment approach.
  • Suggestion to evaluate approach as how to most adequately compile information.

Neil Kamman will e-mail the Committee his view of this work item and will provide the Committee a precise concept of a suggested approach at its next meeting.

  1. Revise the existing Vermont inventory of mercury sources that can be used for health risk evaluation and management. Review efforts by other states in these areas.

Comments:

  • Rich Phillips advised that the state’s Air Quality Division was working on a mercury emissions inventory for Vermont.

The Agency will contact Air Quality and ask if they can present their findings to the Committee at its next meeting.

Rich Phillips will contact other states in the region regarding their current progress in compiling inventory data and provide an update at the next meeting. 

  1. Review mercury education and reduction efforts of the Department of Health, Agency of Natural Resources, Solid Waste Districts and municipalities and provide recommendations for improving outreach, particularly to sensitive populations and on initiatives that will be most effective in reducing health risks from mercury exposure.

Comments:

  • Suggestion that this work item be separated into two categories – one that focuses on the exposure reduction and the other focusing on outreach efforts. Suggestion that second bullet item read in concept: "Review the most recent mercury exposure data to sensitive populations and populations that consume large quantities of fish to include the most effective initiatives to reduce the health risks from mercury exposure."
  • Concern that there are limitations for reducing mercury in the environment but the exposure risk is a continuing concern and should be an area of concentrated focus.
  • Suggestion to have an intern do a literature review on mercury exposure studies
  • Concern that funding requirements to continue updating data for fish advisories and funding for exposure information and education programs should be met.
  • Suggestion that the advisories are an environmental issue and the exposure is a health issue and the Health Department is currently working on health issues through various programs.
  • Suggestion that the Health Department put together a synopsis of current programs for the Committee to review in order to update the report to the legislature.
  • The Health Department may obtain their own intern and if so Michael Bender would be willing to work with that intern on compiling information.

Gary Gulka will draft new wording to separate this work plan item into two categories for review at the next Committee meeting.

Bill Bress will present the Committee with a plan for reviewing recent exposure studies in sensitive populations with a report back to the Committee in September.

  1. Continue to stay abreast of dental amalgam waste management issues and the status of best management practice implementation by Vermont dental offices.

Comments:

  • Rich Phillips advised the Committee that a process was negotiated with the Vermont State Dental Society during the legislative development regarding the use of Best Management Practices (BMP) in dental offices. If the legislation does not pass, the Dental Association may still be willing to develop a procedure regarding amalgam use and disposal.
  • Suggestion that the Committee continue to follow the progress of Vermont State Dental Society and make recommendations on Best Management Practices.
  • The Vermont State Dental Society recently conducted a survey, which yielded a substantial response from the dental offices. They are currently compiling the results of this survey.
  • Suggestion that Health Department develop a report on the status of the use of mercury dental amalgams.
  • Suggestion to develop a procedure at the Agency level regarding dental amalgam use and disposal based on the information provided in the current BMP guide.
  • Suggestion to request the Vermont State Dental Society to present to the Committee regarding their survey findings, discuss the issues of amalgam separators and the possibility of developing procedures through the Agency prior to legislation being passed.
  • Suggestion to develop draft procedures by the end of the year.

The Vermont State Dental Society will be contacted to request a presentation at the meeting after next.

  1. Review the status of collection programs for discarded mercury products which keep mercury out of the environment and any enhancements that may be necessary in order to virtually eliminate environmental releases of mercury.

Comments:

  • The collection program section was originally included in the model legislation. It was determined during the review of the model that the Committee would re-evaluate the effectiveness of this section along with an assessment of programs developed by other states.
  • The Agency will be following the progress of product stewardship in regard to mercury-added products through the Massachusetts Product Stewardship Institute.
  • The Agency is currently receiving information from Solid Waste Districts regarding mercury collections to determine the success of various programs in Vermont.
  • Suggestion to a establish a Committee consisting of Solid Waste District and Agency representatives to review collection programs.
  • Suggestion to contact Barry Jordan with Global Superior Services and Ray Grasick with New England Lamp Recyclers to participate in this review.
  • Suggestion that the review include programs from other states, current disposal programs and manufacturer collection programs.
  • Ric Erdheim expressed an interest in participating with the evaluation committee if he could attend by telephone.

The Agency will internally organize and form the Committee as suggested above specifically including representatives from the Solid Waste Districts. The new Committee will report back to the Advisory Committee sometime in July or August.

  1. In order to assist Vermont hospitals and health care facilities in eliminating the release of mercury to the environment, review the status and availability of mercury content in formulated products used by health care facilities that is available from product manufacturers.

Comments:

  • Language pertaining to the certification requirement for mercury-containing products was removed from the bill that was introduced in the Senate.
  • There is ongoing dialogue between the Agency and Vermont hospitals to provide the hospitals information on mercury-containing products, as it becomes available.

The Agency will do a report on the progress of this effort and provide the information to the Committee to incorporate into its January 2002 report.

  1. Evaluate the need for mercury emission limitations from solid waste incinerators as suggested in the Regional Mercury Action Plan and make any needed recommendations to the Legislature

Comments:

  • Suggestion to review previous legislative activities regarding emission limitations and include information and recommendations in the January 2002 report.
  • David Dean has introduced House Bill 283 that establishes advance disposal fees.
  • Elaine Alfono has introduced House Bill 240 that requires an update on fish advisories, notice in medical offices for sensitive populations, posting in retail stores that sell fish for consumption, posting in restaurants and a notice at every lake.
  • Suggestion to change the wording on this work plan item to add a sentence to evaluate all pending legislation for recommendations in the Advisory Committee’s 2002 Report.

The Committee will review all legislation at the end of the year to include in the recommendations of the Advisory Committee on Mercury Pollution 2002 Report.

Agenda Item 4-
Other topics not on agenda.

  • The Committee was updated regarding additional members being appointed to the Committee. The Governor’s office may potentially have this information available prior to the Advisory Committee’s next meeting.
  • The Committee worked on a timeline for progress in completing the work plan items as listed above. A draft of this timeline will be prepared by the Agency and reviewed by the Committee at its next meeting.

Agenda Item 5-
Set date and agenda for next meeting.

The next meeting of the Advisory Committee on Mercury Pollution is to be held on Monday, April 30, 2001 from 9:00 a.m. to 11:30 p.m. The Committee also set the May meeting for Monday, May 14, 2001 from 9:00 a.m. to 11:30 p.m. Both meetings will be held in the Conference Room of the Environmental Assistance Division in the Waterbury State Complex in Waterbury, Vermont.

 

   
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