Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

Advisory Committee on Mercury Pollution

Meeting #42: Friday, December 20, 2002
Time: 9:00 a.m. to 12:00 p.m.
Location: Conference Room, Environmental Assistance Division
Laundry Building, Waterbury State Complex, Waterbury, Vermont

MINUTES

Members Present:
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 Phillips, Vermont Agency of Natural Resources, Environmental Assistance

Guests Present:
Allison Crowley-Demag, New England Public Affairs Group
Jen Holliday, Chittenden Solid Waste District
Megan E. Mulry, Downs, Rachlin & Martin
Anthony Otis, Esq., Otis & Brooks, PC
Gary Gulka, 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 November 19th meeting and changes to today's agenda.

Minutes for November meeting will be reviewed and approved over e-mail.

Changes in today's agenda will include:

• Jennifer Holliday asked to comment on the use of mercury reduction funds for the 15 Miles Falls hydro dam licensing which was discussed at the previous meeting.
• Alison Crowley-Demag asked what the opportunity for comment would be on the Committee's recommendations. Rich Phillips indicated that the Committee would be determining recommendations at this meeting and any comments that she had would be welcome at this meeting. Mr. Phillips also indicated that the Committee's recommendations would be general, and that there would not be recommendations of specific legislative language.

Agenda Item 2-
Update on Environmental Monitoring Initiatives and Findings.

Neil Kamman presented an overview of several ongoing mercury monitoring programs and studies and provided a summary handout shown below:

Several on-going studies and monitoring efforts have yielded findings of consequence to Vermont's ACMP. Summary points, by monitoring project, are as follows:

VT-NH REMAP Project summary:

• Data analysis on this project is largely complete, with a second publication forthcoming.
• Hg is significantly elevated in fishes of acidic, high-elevation, forested lakes.
• Hg is very, very low in fishes of eutrophic (nutrient and algae-rich) lakes. The implication is that we may be able to back off on some of the fish consumption advisories for eutrophic lakes. For example, yellow perch (of consumption size) showed an average mercury concentration of 0.05 ppb in eutrophic lakes. This may also explain why levels of mercury are so low in walleye in Lake Carmi, a eutrophic lake.
• Compliance with EPA's 0.3 ppb meHg tissue criterion can be predicted with good accuracy and a high level of precision based on acid neutralizing capacity, pH, specific conductance, water-column organic content, and lake water retention time. These are inexpensive, screening-level parameters.
• A spatial model of air deposition to the VT-NH landscape provides insight into deposition patterns. This is a new approach to generating high-resolution wet and dry Hg deposition estimates by individual watershed. Publication and subsequent verification are the next steps.

Underhill:

• Hg monitoring activities at Underhill are presently halted. EPA has earmarked $100K for UVM to resuming operations, but these funds have not yet been applied for by UVM.

Lake Champlain:

• A project to estimate Hg loading and fate in Lake Champlain is progressing. This simple model is intended to characterize the most important Hg processes influencing Hg accumulation in the lake.
• A project concerning Champlain Valley-VT agricultural streams indicates that the total Hg loading from agricultural watersheds is comparable to that from the forested watersheds studied near the Underhill site. However, all of the Hg from the agricultural streams is associated with particles. Moreover, there are 10X the concentrations of suspended particles flowing from agricultural streams as compared to forested ones. This means that controlling sediment releases can significantly control Hg releases from agricultural systems.

USGS Research:

• Hg releases to all types of streams are strongly influenced by precipitation events. The majority of annual Hg loading to downstream waters is the result of a few large flow events. These events cause significant particulate matter releases as well.

Paleolimnological studies:

• New data available from four lakes in southern VT indicate that 1) the declines in Hg delivered to sediments appear to hold in this geographically-focused study area; 2) accumulation in these lake may be as much as 4X that of the VT-NH lakes previously sampled and reported to the ACMP; and 3) a core from a reservoir near Albany shows world-class Hg contamination.
• The source of the enhanced Hg delivery to southern VT, and of the elevated concentrations in sediments near Albany may be attributable to the presence of a mercury recycling facility (= superfund site) in the Albany area called MARECO.

New information from Canada:

• Metallicus study is progressing, now in year three or a five-year program, but no new findings released just yet. This is a study using isotopes to detect where in watersheds the fish tissue mercury is coming from.
• COMERN (Cooperative Mercury Research Network) has found that Hg levels in fish are partially explained by fishing pressure. Where fishing pressure is greater, the remaining fish have the opportunity to grow faster because of the additional food resources available to them. These fish are therefore lower in Hg when they achieve desirable larger consumption sizes.

Research from Maine:

• Some of the most acute Hg (and other) contamination has been isolated to areas of waterbodies that are under the direct influence of old 'dump sites' which are becoming increasingly found throughout paper company lands across the Northern Forest.
• State of Maine is developing a 'wildlife criterion value' for loons and other piscivores. The criterion will be expressed as a concentration of Hg in water which has been shown to impact piscivores at the population level.

Northeast Ecosystem Research Center Grant:

• A group of regional scientists assembled to develop maps of Hg contamination, maps of Hg risk to wildlife and humans, and models permitting prediction of Hg in fish tissue, across NE and southeast CA. Year one of three completed successfully.

VTDEC Capabilities:

• VTDEC Laboratory now has the ability to perform relatively low-level Hg analyses. Could be useful to look into projects such as Hg from WWTF's, dental septics, etc.

Neil mentioned that some of the new research findings should be discussed with Vermont's Fish Contamination Advisory Panel for consideration in new advisories.

Ric Erdheim asked if findings in Vermont are similar to the reports in Florida that are showing trends of decreasing mercury in the biota and sediments. Neil indicated that Vermont monitoring data is too limited at this point to draw comparisons and conclusions, however, if part of the REMAP monitoring and sampling program were replicated in say, five years, we could begin to draw comparisons.

Clarification: historical data are insufficient to make comparisons to present data. The data that we have certainly are sufficient to draw conclusions about current conditions.

Rich Phillips asked if the Committee could make any recommendations that would help support monitoring initiatives. Neil indicated that supporting the $35,000 requested as part of the 15 Miles Falls re-licensing monies targeted for mercury reduction projects would be important. This funding would be used to develop an indicator-based fish tissue-monitoring program. This work would provide important data to establishing fish advisories in Vermont.

Agenda Item 3-
Amalgam Separator Subcommittee Update.

Gary Gulka provided an update of the work of the amalgam separator subcommittee. A pilot is planned for the installation of several different types of amalgam separators in dental offices. A participation agreement for Vermont dentists has been prepared and a letter to amalgam separator vendors is ready to go out after the first of the year. It is hoped that installations can occur by February. The pilot will give Vermont DEC information on operation of these units in the dental setting and will give dentists first-hand experience with separators that may be required in the future.

The metropolitan sewer district in St. Paul, MN has finalized its amalgam separator program that will encourage voluntary installation of separators that can achieve 99 percent or greater removal of amalgam by standard ISO test methods. Those dental clinics that do not voluntarily install units will be subject to permit fees and monitoring in the future.

On January 23, the Mercury Policy Project and the MA Toxics Use Reduction Institute will co-sponsor a dental amalgam separator symposium at Umass Lowell for northeastern states.

Agenda Item 4-
Review of ACMP Draft Report.

A working first draft of the 2003 Committee report was presented for discussion.

After discussion it was agreed that report would not include dissenting remarks. However, if a committee member dissented on a committee recommendation or some other part of the report, it would be so noted in the report. It was decided that a committee recommendation would be included in the report if it received a favorable vote by the majority.

Not all committee members were present at this meeting. Rich said that normally we make decisions with the members that are present at the meeting. However, everyone will have an opportunity to provide comment on the draft prior to the report being finalized.

Committee Recommendations

The committee reviewed the working draft recommendations and made deletions and modifications. The following committee recommendations were voted favorably by the majority. Where significant discussion occurred, it is so noted.

Legislative Recommendations:

1. Prohibit mercury convenience lighting switches in vehicles manufactured after July 1, 2003. (5-0 vote of committee)
2. Require auto manufacturers to share responsibility for removal and proper disposal of mercury switches in existing vehicles. (4-1 vote of the committee; Erdheim no)

   The Committee did not determine the degree or type of shared responsibility. Ric Erdheim voted against this recommendation because the committee left this recommendation ambiguous. He stated that he was opposed to financial responsibility. Alison Crowley-Demag, representing the Alliance of Auto Manufacturers, stated that the auto manufacturers that she represented opposed shared responsibility similar to the State of Maine's statutory provisions, however, were not opposed to providing education on switch removal. Senator McCormack said that the question would be left to the legislature to determine.

3. Support and provide funding, as necessary, for these priority research and monitoring needs:
   • Study the link between power generation and fish tissue mercury contamination in hydropower reservoirs
   • Air monitoring at the Vermont Monitoring Cooperative's Underhill, VT air monitoring station
   • Design and implementation of a fish tissue mercury indicator monitoring program that will serve as a long-term indicator of changes in environmental mercury contamination. (4-0 vote of the committee; Erdheim abstention)

Neil provided the Committee with information on each of these initiatives. Funding for the first was at one point approved by the Legislature a few years ago, and perhaps it is necessary to say that funding should be "re-instituted". Air monitoring at the Underhill station has been discontinued for the present. Monies from the EPA budget were earmarked for this station, however, it appears that no one at UVM pursued it. Neil will look into. Funds are being sought for the third item through the Fifteen Mile Falls re-licensing monies available to NH and VT for mercury reduction projects.

4. Repeal 10 V.S.A. Section 6605(g) that addresses municipal waste incinerator emissions of mercury. This provision contains ambiguous language that makes implementation and enforcement impractical. (5-0 vote of the committee)
5. Prohibit the sale and installation of mercury-added thermostats except for industrial uses and other uses specifically exempted through a waiver process. (4-1 vote of committee; Erdheim no)

   Ric Erdheim argued that mercury thermostats are energy efficient (second to programmable electronic thermostats when used correctly), they are long-lived, and the appropriate choice for some segments of the population that cannot use a programmable thermostat. He said that thermostat manufacturers have applied for an exemption from Maine's prohibition and will provide a copy of this exemption request.

6. Product labeling requirements of Section 7107 - Remove provision that postpones effective date of product labeling changes until states representing a population of 10 million or more have adopted similar provisions (4-1 vote of the committee, Erdheim no)

   Ric Erdheim indicated that he has major problems with this. There will not be consistency in labeling across the states. Getting rid of the 10 million population provision means Vermont is going to require labeling of products that other states aren't covering. Rich Phillips indicated that state legislatures have not been consistent on products subject to labeling and those that they exempt, and that it is an individual decision of each state. The new labeling provisions would be more consistent with the model legislation and would make implementation improvements to Vermont's current labeling provisions, both for manufacturers and the agency.

7. Mercury in Schools 7115 - Expand the scope of this section to not only prohibit the purchase and use, but also require the removal of existing formulated mercury-added products (such as lab chemicals and compounds) and mercury-added measuring devices (such as thermometers, barometers) from school classrooms. (4-0 vote of committee, Erdheim abstention)

   Suggestion that schools need to have access to replacement measuring devices.

8. State Procurement Preferences 7116 - Eliminate this section as unnecessary, as state government has equivalent or more stringent mercury product procurement policies in place through an executive order (Executive Order #03-02) (5-0 vote of the committee)

Other Recommendations:

9. Funding should be sought to complete the replacement of mercury dairy manometers at Vermont dairy farms. (5-0 vote of the committee)
10. The Committee supports the state's participation in the Interstate Mercury Education Reduction and Education Clearinghouse (IMERC) (4-1 vote of the Committee; Erdheim no)

    Mr. Erdheim has concerns with the NEWMOA (IMERC) clearinghouse process because he believes that NEWMOA adopted a form to meet individual state requirements without any notice and comment that would otherwise be required.

11. The Committee recommends that the Agency of Natural Resources work with others to promote the sale and use of non-mercury Energy Star thermostats and encourage proper collection and management of mercury-added thermostats taken out of service. (5-0 vote of committee)

    The Committee determined that it would recommend that the legislature reconsider S. 91 (H.14) with the changes as noted in the recommendations above. In other words, this would be the lead-in language in the recommendations section of the report.

Committee Work Plan

The Committee briefly reviewed the work plan items below which were provided in the working draft of the report. No comments or changes to these were offered, in the short time remaining until the end of the meeting.

1. Continue to provide testimony and information to legislative committees on proposed mercury legislation.
2. Continue to review 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 ecological and human health risks in Vermont.
3. Continue to provide comment and review on revisions and enhancements to Vermont DEC's mercury emissions inventory and stay abreast of efforts to revise the regional mercury emissions inventory.
4. Review, comment and advise on mercury education and reduction efforts and programs of the VT DEC, Department of Health, Solid Waste Districts and municipalities, and other private and non-profit organizations.
5. Continue to oversee efforts of DOH and DEC to improve outreach and education to the general public and sensitive populations on fish consumption advisories for both recreational and commercial fish.
6. Continue to oversee of efforts by the Agency of Natural Resources, its Departments, and other organizations to post fish consumption advisories at all state-owned access points to waters of the state.
7. Review ongoing dental amalgam separator evaluation efforts by its amalgam separator subcommittee and provide recommendations for potential adoption as an amendment to current Best Management Practices Guidelines for dental offices.
8. Continue to review the status and effectiveness of manufacturer-sponsored mercury product collection and take-back programs for products such as thermostats, batteries, and medical products. Continue to review effectiveness of collection programs sponsored by the state and municipalities for products such as, motor vehicles switches, appliance switches, electronic products and dairy manometers.
9. Provide comment to DEC on lamp recycling education and outreach efforts.
10. Continue to work in conjunction with the Dept. of Agriculture, Food and Markets to assist with securing funding for completion of the replacement and removal of remaining mercury dairy manometers at working and non-working farms throughout the state.

Next Steps to Completion of the Report:

A draft report will be sent to Committee members by January 6, 2003. Comments will be needed back from Committee members by Friday, January 10, 2003.

Agenda Item 5-
Other topics not on agenda.

Jennifer Holliday asked to comment on the use of mercury reduction funds for the 15 Miles Falls hydro dam re-licensing which was discussed at the previous meeting. She had comments related to fluorescent lamp recycling. She felt the more resources need to be put into providing collection infrastructure for commercial generators of lamps than in doing survey work on who is recycling and what the barriers are. She said that most solid waste districts would agree with her that businesses do not have a lot of options for recycling lamps and are reluctant to pay a hazardous waste transporter for these services. Rich Phillips indicated that the available funds were limited and probably could not address all of these needs, especially if it required financial resources.

Agenda Item 6-
Set date and agenda for next meeting.

The next meeting will be determined by scheduling via e-mail and will be held in the conference room at the Environmental Assistance Division, Waterbury state complex, Waterbury, Vermont.