return to the MERC home page
return to the MERC home page

Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution
return to the MERC home page

Advisory Committee on Mercury Pollution

Meeting #40: Tuesday, October 29, 2002
Time: 9:00 a.m. to 12:30 p.m.
Location: Conference Room, Environmental Assistance Division
Laundry Building, Waterbury State Complex, Waterbury, Vermont

MINUTES

Members Present:
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
Richard McCormack, Senate Natural Resources and Energy Committee
Rich Philips, Vermont Agency of Natural Resources, Environmental Assistance

Guests Present:
Sarah O'Brien, National Wildlife Federation
Jonathan Kleinman, Project Manager, Efficiency Vermont
Peter Taylor, Vermont State Dental Society (VSDS)
Greg Lutchko, Vermont Agency of Natural Resources, Environmental Assistance
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, Waterbury State Complex. Rich Phillips called the meeting to order.

Agenda Item 1-
Accept minutes of September 5th meeting changes to today's agenda.

The draft minutes for September 5, 2002 were distributed to the members for review. Responses will be forwarded via e-mail for changes and final acceptance.

Items added to the agenda for discussion:

  • Information regarding 15 Mile Falls settlement monies.
  • Update on Committee work plan.

Agenda Item 2-
Efficiency Vermont - Discussion of promotion of programmable thermostats- information on lamp recycling as time permits.

Jonathan Kleinman, Project Manager, Efficiency Vermont distributed hand-outs and presented to the committee regarding the scope of their efforts as follows:

Energy Efficiency and Programmable Thermostats
Presentation to the Advisory Committee on Mercury Pollution
Jonathan Kleinman, Project Manager
Efficiency Vermont
October 29, 2002

Introduction
Efficiency Vermont is the State of Vermont's Energy Efficiency Utility. Since starting operation in 2000, we have helped Vermonters in saving over 58,000 megawatt-hours of electricity annually. In 2001, we saved electricity at a cost of 2.5 cents per kilowatt-hour while it cost an average of 4 cents per kilowatt-hour for utilities to purchase or generate electricity. Our vision is to be Vermont's most valued and trusted resource for information, services and tools for using energy wisely to improve our environment and economy, and to serve as a successful model of an "energy efficiency utility." While the issues of toxics use reduction and safe disposal of hazardous materials are not primary focuses of our efforts, we certainly support promoting environmental protection as part of our efforts. These notes summarize the ways in which Efficiency Vermont currently promotes the use of programmable (i.e., non-mercury-containing) thermostats in Vermont.

Promotion of ENERGY STAR® Products
By endorsing ENERGY STAR® products and our ENERGY STAR® labeling efforts at stores, we are "indirectly" promoting the purchase of ENERGY STAR®-rated programmable thermostats. Our financial incentives toward the purchase of ENERGY STAR® lights and "white appliances" (e.g., refrigerators, clothes washers and dryers, dishwashers, air conditioning units) highlight the ENERGY STAR® brand. This can create a market opportunity for products for which we do not provide financial incentives such as programmable thermostats (see http://yosemite1.epa.gov/estar/consumers.nsf/content/prgtherm.htm).

Vermont ENERGY STAR® Homes
Efficiency Vermont also implements the Vermont ENERGY STAR® Homes program. Through this program, owners or buildings of new homes attempt to score 86 points or higher on a rating system to achieve the "5-star" rating. The use of a programmable thermostat adds between 0.2 and 0.8 points to the score of a house, which can really make the difference in achieving the 5-star rating. Additionally, Efficiency Vermont adds the following text to a scoring certificate for any new home lacking a programmable thermostat:

"Set-Back Thermostats" Install automatic set-back thermostats on each heating zone. We recommend choosing a model with two daily set-back periods and weekday and weekend schedules. Studies show that if the set-back thermostat is used properly on a regular basis, 10% or more of the annual heating load can be saved. For a complete list of set-back thermostats that meet the ENERGY STAR. guidelines see their website at www.energystar.gov or call us and we can get a list to you."

Commercial New Construction or Renovation
For commercial new construction or renovation projects, Efficiency Vermont provides technical reviews to identify energy efficiency opportunities. For projects requiring an Act 250 permit, these reviews include a comparison to the 2001 Vermont Guidelines for Energy Efficient Commercial Construction. These Guidelines require thermostats to "have the capability to automatically set back or shut down heating, cooling, and ventilation systems when appropriate." To meet this requirement, the Guidelines insist that "a programmable thermostat must be used to meet these requirements." This requirement is highlighted to customers during Efficiency Vermont project reviews.

Safe Disposal Issues
Internally, Efficiency Vermont is making its staff aware of the issues surrounding safe disposal of mercury-containing products, including old thermostats and fluorescent lamps. This information will in turn be communicated to customers should a project include the retrofit of mercury-containing products.

Additional Opportunities
Efficiency Vermont suggests that it would be mutually beneficial if the Agency of Natural Resources and others promoting replacement of mercury thermostats would recommend replacement with ENERGY STAR® thermostats. The energy savings could be highlighted as an additional reason to replace a mercury thermostat. We could provide technical support in developing any messages or materials on this topic.

Comments:

  • Currently Efficiency Vermont does not provide cost incentives for the use of energy-efficient thermostats - justification of quantifiable energy savings to the Department of Public Service would have to be established to provide these incentives.
  • Act 250 requires programmable thermostats for new construction or renovations of commercial properties.
  • Radiant slab systems increase the amount of time for a structure to get warm - digital thermostats can be recommended rather than mercury thermostats (programmable thermostats not suggested for this type of system).
  • At this time, Efficiency Vermont focuses on disposal issues for lamps only. Retrofit projects incorporate disposal costs into project costs.
  • February 12 and 13, 2003 - Efficiency Vermont has a conference for new residential and business construction. Suggestion that it might be an opportunity for EAD to join with Efficiency Vermont to promote programmable thermostats and provide information for end-of-life disposal for mercury thermostats. Jonathan will provide name of contact person.
  • Suggestion to write a letter to Efficiency Vermont to request Energy Star labeling for thermostats. Efficiency Vermont has relationship with many Vermont retail stores to provide such labeling.
  • Other potential for collaboration would be with US Green Building Council which is a program based on the toxicity of building materials and a point system which identifies the building as a "green" building. Located in Brattleboro and works in partnership with Efficiency Vermont. Jonathan will provide contact name.
  • Concern that in order for a programmable thermostat to be efficient; the user must program it properly. Lack of understanding by the consumer on how to properly program these thermostats does not allow for maximum efficiency.
  • Question to Mr. Erdheim if the industry is trying to standardize programmable thermostats for consistency among products for ease of use. Mr. Erdheim advised that detailed instructions were provided with new programmable thermostats to instruct the user.
  • Committee agreed to write a letter to Efficiency Vermont requesting the Energy Star labeling on thermostats and a possible collaboration between Efficiency Vermont and DEC to promote programmable thermostats and proper disposal of end-of-life mercury thermostats. Draft will be forwarded for review by E-mail.
  • Question as to whether a (non-programmable) digital thermostat is part of the Energy Star program - the answer is no.
  • Suggestion that relationship of Efficiency Vermont with retail stores such as Home Depot and Sears could have potential to educate the people in the most efficient use of programmable thermostats plus proper disposal.
  • Manufacturers representatives often host courses at Home Depot to train in the use of their products.
  • Suggestion to survey HVAC contractors to find out to what extent non-mercury and programmable thermostats are used in jobs, and what are the barriers to promoting programmable thermostats- disposal issues, etc.
  • Suggestion that Efficiency Vermont could co-sponsor a training session (trial) at Home Depot possibly in March on how to use programmable thermostats. Suggestion that September or October might be a more appropriate time to prepare for the heating season.
  • The Committee was interested in participating with Efficiency Vermont regarding a potential display at the conference in February, to provide information to contractors regarding proper disposal of mercury thermostats, and information to contractors to encourage them to not introduce mercury thermostats back into the environment.

Agenda Item 3-
Update on Outreach to Sensitive Populations.

Karen Knaebel gave the Committee a brief update on the progress of the Mercury Strategies for Sensitive Populations Outreach Committee (MS SPOC). The following is a summary of the areas of focus:

MS SPOC - Update 10/29/02

  1. Vermont State Nurses Association.
    1. Newsletter - June 1, 2002 deadline- Final sent
    2. October 24-25, 2002 meeting - Table top display & Brochures
  2. WIC Program
    1. Laminated 12 brochures and provided those plus 24 additional to distribute to appropriate parties.
  3. Department of Health - staff/district offices - Community Public Health nurses - quarterly publications -quarterly meetings
    1. Quarterly Meeting -Eileen Girling to present
    2. Quarterly Publication - Disease Control Bulletin - bulletin will be reviewed again for next year's (2003) bulletin during fishing season.
  4. Brochures
    1. Obtained PDF - placed brochures/newsletter article and poster on line.
    2. 4,500 printed and distributed-cost divided between VDH and EAD
    3. EAD ordering 5,500 additional brochures - funded by EAD
  5. Poster
    1. 1,500 posters printed (10/28 - 200 distributed)
    2. Distribution - misc. including
      1. WIC (12) laminated and 24 additional mailed 8/12 to Mary Woodruff - Community Public Health
      2. Used clothing sale/La Leche (10)-Mailed
      3. Planned parenthood (9)- one for each office-Mailed
      4. Folic Acid Campaign (20)
      5. Solid Waste District Distribution (154 as of 10-28)
      6. Community Public Health district Managers (50)
      7. Once Upon a Child - placed poster Taft Corners
  6. School Nurses - Newsletter - Deadline is October 15th - e-mailed article to newsletter editor 7/10
  7. Physicians
    1. Obstetric
      1. OB Grand Rounds - January 14, 2003 - Bill Bress presenting
      2. Mailed 5 brochures/1 poster/article and postcard for additional copies to 90 Vermont OB/GYN offices
    2. Pediatric
      1. Pediatric Grand Rounds - Bill Bress scheduled for September 18, 2002
  8. Epidemiology -Dept. of Health - representative from VDH epidemiology- - has data sources we could potentially use - data on Vietnamese communities.
  9. Folic Acid Council - reach women before they get pregnant -700 brochures & 20 posters-Mailed
  10. Planned Parenthood -225 brochures to nine offices (25 each) - 9 posters-Mailed
  11. Office of Women's Health,- bi-state - working with office of women's health -E-mail to list serve - 40 people made up of advocacy groups, state legislators - quarterly list serve for underserved women - sent e-mail for distribution
  12. Governor's Commission on Women - e-mail list serve -Audience 700 Sent 6/27/02
  13. Bi-state primary health care providers - Community Health - Rural healthcare clinics - providing primary care, some family practices through them -Office of Rural Health, DOH-6/27 sent hard copy mailing of article and brochure Brochures and article going out to 350 - should reach 700-1000 physicians - going out August 2, 2002.
  14. Better Beginnings - BCBS, 8 posters mailed her 500 brochures to be mailed out to all new mothers signing up for the program. They will limit distribution to Vermont residents.
  15. VT Lactation Association-contacted-Sent article to go into VTCA newsletter - changed it slightly to focus more on breastfeeding.
  16. CBC Educator at every hospital -CBC educator for every hospital - did mailing to 13 educators 6/27
  17. VT Doula Chapter-contacted-Sent mailing to 65 doulas on 6/25
  18. La Leche League - LaLeche League unable to distribute brochures. Sent e-mail to person in each region with information on mercury in fish and brochure. Mailed 225 brochures and 10 posters to one leader for used children's clothing sale.
  19. Education for current and future health care professionals -Bill Bress gave committee disc of power point presentation - gave to Community Public Health- who will contact WIC and other candidates to potentially train the trainer.
  20. Midwives - sent letters to 41 midwives including lay midwives, certified nurse midwives, Vermont Midwives Alliance and Gifford Nurse Midwifery offering brochure and poster.
  21. Naturopathic medicine (state wide organization) -sent letters to 18 naturopathic physicians offering brochure and poster
  22. New Beginnings -sent 225 brochures, 12 posters and 200 "Good Sneakers" books.
  23. Vermont Program for Quality in Healthcare, Inc. - putting together newsletter - hope to do it quarterly - may be targeting OB/GYN - prefer summer publication - e-mailed newsletter - located in Montpelier.
  24. Vermont Medical Society - sent e-mail to possibly get article in their newsletter - mailed 50 brochures to Montpelier office to be included at annual meeting in October.
  25. Presenting at Children's Environmental Health Task Force Meeting - February 6, 2003 on agenda - Agency of Human Services.
  26. Contacted Family, Infant, Toddler Project with the VDH - they are not currently distributing brochures with their packets - she requested 1000 brochures for the year - talked to VDH to see if they would provide these for their own Department.
  27. Pregnancy Information Services -Contacted 5 Care Net locations in Vermont together with 4 Lund Pregnancy Centers in Vermont - Distributed 395 brochures and 5 posters.
  28. E-mailed Haz Waste Network - Mailed 154 posters as of 10-28
  29. Presentation scheduled at JSC November 13th (75 min) - will include info regarding mercury in fish.
  30. Did presentations at 12 middle and high schools around the state - about 250 children between 5th and 9th grades - 6 additional schools scheduled.

Next Steps:

  1. Getting the word out regarding children
    1. Develop a brochure/pamphlet specific to children or general populations. What does the children's health care professional need to receive? (brochure - article - poster?)
      1. Distribute brochure to pediatric physicians - sub-committee did not believe the "tool kit" could be completely relied upon to get the word to these professionals.
      2. What is the criterion that has been set by the VDH regarding the age recommendations for children? What age groups should the brochure address?
      3. Does the VDH have anything specific to children/fish consumption/advisories? We do not believe so.
    2. Obtain mailing list for other maternity shops, infant clothing stores. Yellow pages.
    3. In the spring - Kids day at Radisson
    4. Waterfront - Kids Day put on by City of Burlington
    5. YMCA - College Street and Union - many kids events
    6. Healthy Kids Day - YMCA
    7. Day care or child care providers
    8. Healthy Child Care
    9. Kids Family Guide - Suggestion to check cost on this publication as well as The Vermont Parents' Home Companion & Resource Directory and Kids Vermont monthly newspaper.
  2. Populations that consume large quantities of fish - Who are they? How do we find out who they are? Are they already being reached through other programs?
  3. Populations to consider
    1. Abenaki- Do they consume large quantities of fish? Mary's experience is that their habits are not unlike our own - the Abenaki are not like the tribes of the west in their organization
    2. Vietnamese - Asian - *Contact Ray Vezna for data and Eileen Girling regarding Refugee Resettlement Program - what are the numbers? Would they be reached through the same avenues as other populations especially for pregnant women? Would the time necessary to explore the issue create a substantial benefit that has not already been achieved?
  4. Languages of brochures and availability - *Where are these "other language" brochures distributed? Are these populations already receiving the information?

Comments:

  • Fish advisories available in Bosnian, Russian, French, Spanish and Vietnamese. Suggestion that immigrant resettlement programs could be effective in reaching these populations.
  • Women really want to hear from their physicians for reaffirmation of fish advisories. Challenge is what fish should be identified - just for mercury or PCBs. Vermont Department of Health will review and advise the Committee.
  • Suggestion to contact Andy Smith with Maine to find out about the EPA grant they received to get the word out regarding fish consumption.
  • Suggestion to include review of the fish poster used by Maine and Wisconsin in the January Advisory Committee work plan.
  • Suggestion that #2 of the Next Steps above should not be delayed regarding populations who consume large quantities of fish.
  • Suggestion that message needs also to be directed to the general public which could be done by creating something similar to Maine's fish poster. Suggestion to determine if funding could be provided by EPA for a Vermont poster for commercial fish advisories.
  • Suggestion that the work could be carried on by a subcommittee organized to evaluate methods to get the word out to general population and populations that consume large quantities of fish.
  • Suggestion that subcommittee could be formed in April when the fish advisories were updated.

Agenda Item 4-
National Forum on Contaminants in Fish and Advisory Programs (October 20-22, 2002) -
meeting summary.

The meeting was attended by members of the Committee: Michael Bender, Neil Kamman and
Bill Bress as well as Gary Gulka and Karen Knaebel.

  • Comments:
    A special meeting was held on October 19 & 20, focusing on mercury.
  • Bill Bress highlighted an October 20th meeting of Northeast Health Department and Tribal Groups
    • Tribal groups have different names for fish - pictures of fish are important
    • Tribal TV networks have used videos in specific tribal languages to convey the message.
    • Suggestion that there are two separate divisions of Abenaki-and a message would have to be conveyed to each group, which could be difficult.
    • Other tribes utilize treaties, which guarantee them 140 lbs of fish per person per year. Introduces a problem of excess consumption during peak fishing periods.
  • Study by California physician found excess mercury levels in her patients and displayed symptoms of mercury poisoning. After fish consumption was reduced in their diets, symptoms diminished.
  • Finnish studies concentrated on fish consumption and cardiovascular problems in middle age men.
  • EPA under contract with New Jersey to look at revising adult Rfd - project time frame 12-18 months - Alan Stern of New Jersey is leading the research.

Agenda Item 5-
Amalgam separators in dental offices - DEC update.

Gary Gulka advised the Committee that the Department reviewed more research and suggests moving forward. The Committee determined at the last meeting that a sub-committee should be formed to develop performance standards for separators. The Department attended the Vermont State Dental Society's annual meeting at the end of September and spoke to an audience of over 300 dentists, dental assistants, hygienists and other dental staff. There was also a booth where the Department talked with many dentists on all aspects of mercury issues. The meeting was mutually beneficial and several dentists also expressed an interest in installing separators or being a part of a pilot project. The conference lasted two days and five pounds of elemental mercury was brought in for recycling from one dental office.

New Hampshire currently has a statute requiring installation of amalgam separators and is developing a rule that will address performance standards. They are grappling with the same types of issues in setting standards. How can a performance standard be set that also addresses cost, ease of use and disposal issues? It doesn't make sense to set a standard based on a discharge effluent limit, stated Mr. Gulka; the ISO testing protocol seems appropriate. An important issue may be for the manufacturer of the unit to provide some sort of take-back on the amalgam waste collected in the separator. Mr. Gulka suggested that the subcommittee work on determining a performance standard and any other operational requirements that ensure that the unit is properly operated. Mr. Gulka described a proposal to conduct a pilot project with installation of several types of units at dental offices in Vermont to gather operational information from dentists.

Comments:

  • Concern regarding availability of units and competition in market place.
  • Concern that, currently there are weak or non-existent statutory requirements. Suggestion that a program be put into place now with standards and a pilot stage.
  • Suggestion that it is important that the dental office is able to operate the unit and that the pilot does not interfere with the functions of the office. Also, price is an issue; ease of use and the take back of the waste by the manufacturer are all important factors.
  • Concern also that if the units are not properly maintained that the percentage removal rate will also not be met.
  • Suggestion to form a sub-committee which would include Michael Bender, Sarah O'Brien, Peter Taylor, Peter Berglund, Gary Gulka, Greg Lutchko, and if possible Dr. Daniel Ferraris.
  • Question if there were any vapor concerns. Answer that negative pressure and the ion exchange resin would hold mercury in place. Basically only talking about physical settlings of solids. Suggestion that Vermont Department of Health could provide a Jerome meter to evaluate vapor releases.
  • Suggestion that sub-committee consider units that meet ISO certification, determine practicalities of those units and work out details of how to set up the pilot. The question would be if the performance standard should be postponed until after the pilot results.
  • Peter Taylor attended the ADA annual meeting and searched for booths regarding amalgam separator displays. Out of about 1000 displays he was unable to find one separator company represented.
  • Suggestion to ask amalgam separator companies to participate and determine what they would be willing to do - such as provide units free of charge.
  • Suggestion to have pilot include some larger practices, variety of types of dentists, spread out geographically. Peter Taylor will help locate dental offices willing to participate in pilot.
  • Suggestion to determine what kinds of questions to ask dental offices, length of pilot, mail or pick up of waste.
  • Suggestion to involve a hazardous waste hauler to determine convenience of that type of disposal method.

Agenda Item 6-
Other Topics Not on Agenda.

  • Information regarding 15 mile falls settlement monies
    • Allows up to $500,000 to be used by New Hampshire and Vermont for mercury reduction activities for states, provided as part of the relicensing of the hydroelectric dams.
    • Steering committee - one representative from Vermont (Rich Phillips), one from New Hampshire, a representative from an NGO and another from an environmental group.
    • Proposal made must be consensus.
    • Company has one year to fund an accepted proposal.
    • Department has identified potential project areas.
    • A proposal has not yet been submitted by Vermont to the steering committee.
    • A meeting of the steering committee will be scheduled by NGO to review proposals.
    • Committee will review the Department's ideas at November meeting to help prioritize efforts.
  • Update on Committee work plan - Committee reviewed all items of the work plan as follows:
    • Environmental Monitoring Data
      • Neil to update at December meeting
    • Emissions/Release Inventory
      • Update at December meeting if available
    • Education Outreach
      • Continued efforts updated regularly at meetings
    • Improve Outreach/Sensitive Populations
      • Continued efforts and possible sub-committee for populations that consume large quantities of fish
    • Fish Consumption Advisory Posting
      • Update at November meeting
    • Dental- (monitor and reduce mercury in use and release- amalgam separator research)
      • Sub Committee will meet for two to three weeks and update ACMP at December meeting.
    • Manufacturer-Sponsored Collection and Take-Back Programs
      • Committee decided to include this effort in the 2003 work plan
    • Manometer Replacements
      • Continue efforts to locate funding - possible 15 Mile Falls funding
    • Collection Program - Small Rural Municipalities and Districts
      • Update at November meeting
    • Voluntary and Regulatory Strategies for Health Care Systems
      • Working through VAHHS and a contractor to establish a mercury reduction assistance program.
      • Update at future meetings
    • Pending Legislation Review - H283 and Evaluate 6605g
      • Update by Rich Phillips at previous meeting.
      • Committee determined to not proceed at present
    • Promote Energy Star - (Increase TRC collection rates in Vermont)
      • Update at December meeting
    • Mercury Switches
      • Update at November meeting
    • Report to Legislature
      • Review at December meeting for final release in January
    • Card Room Display
      • Date for display - January 29, 2003
      • Further discussion at December/January meeting

Agenda Item 7-
Set date and agenda for next meeting.

The next meeting was set for Tuesday, November 19, 2002 from 9:00 a.m. to 12:00 p.m. in the conference room at the Environmental Assistance Division, Waterbury state complex, Waterbury, Vermont.

Agenda items will include discussion of possible outreach projects for 15 mil falls settlement monies, status update on collection programs for small rural municipalities and districts, update on auto mercury switch removal efforts and a discussion of future mercury legislative efforts.

 

    
return to the hhw collection events page