 |
|
|
Advisory Committee on Mercury Pollution
Meeting #47: Friday, October 31, 2003
Time: 9:00 - 12:00 noon
Location: Conference Room, Environmental Assistance Division
Laundry Building, Waterbury State Complex, Waterbury, Vermont
MINUTES
Members Present:
Michael Bender, Abenaki Self-Help Association, Inc.
Neil Kamman, Agency of Natural Resources, Water Quality Division
Ruma Kohli, chemical Management Program Manager, IBM, Burlington
Rich Phillips, Vermont Agency of Natural Resources, Environmental Assistance
Guests Present:
Terri Goldberg, Northeast Waste Management Officials Associations (via telephone)
Jen Holliday, Chittenden Solid Waste Management District
Peter Taylor, Vermont Dental Society
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-
Changes to today's agenda.
Agenda Item 2-
Update on Amalgam Separator Project and discussion of next steps for dental offices.
Peter Taylor with the Vermont Dental Society introduced two American Dental Association (ADA) brochures. Mr. Taylor offered to send
a letter from the Vermont Dental Society to each dentist regarding the brochures and include a copy, the cost and how they could be obtained.
The Committee felt that they did not have sufficient time during the meeting to review and make any comment on the brochures and all agreed to
review and comment at a later date. A suggestion was made to explore other brochures adopted in other states. The Dental Society was unable to
comment without seeing the brochures in question. The two ADA brochures and a brochure used by Maine will be sent electronically to the Committee
for review. The Committee decided to include this item on its 2004 work plan.
Gary Gulka provided an update to the Committee on the amalgam separator pilot project. Amalgam separators were installed in 19 offices
between May and August. Separators from six different vendors were installed. Five of these units are placed before the vacuum pump and one after.
Environmental Assistance Division staff (mainly Greg Lutchko) were present for nearly all of the installations. Most units were installed by one
primary plumber. One vendor performed their own installations (two units). Two units were installed by local plumbers to avoid the expense of
long travel times. Photos of several installations were shown. Observations were made during the installations on ease of installation and space
requirements for various units. Site visits will be performed several times during the six-month pilot, including surveys of dentists. The first
site visits were conducted in October and the next round will be in December. In the evaluation of separators, criteria to be reviewed include:
space and utility requirements, ease and flexibility of installation, maintenance requirements, operational costs, quality of the unit, vendor
services, convenience of waste handling and recycling, and dentist satisfaction. To date, no dentists in the pilot have experienced any loss of
suction. It is anticipated that a final project report will be completed in April. To date, the pilot project is moving along smoothly.
-
The Committee recommended that vendors have an opportunity to review the draft report
-
Suggestion that the report not make recommendations about a particular unit and stick to reporting facts
-
If amalgam separators are required in the future, how will DEC know whether or not the units are maintained? It was suggested
that a question could be added to the voluntary self-certification of compliance that dental offices will be making once every two years.
DEC does not have the resources to do field inspections.
-
Suggestion that there is historical buildup of mercury in sewer pipes leaving the buildings. Concern that this should be addressed.
Rich Phillips indicated that since there are no discharge permits or discharge limits established for dentists, that it is unlikely that any
mandate to clean the lines could be imposed.
Agenda Item 3-
Committee appointments.
Appointments for Ruma Kohli being appointed as a new member, and the renewals for Bill Bress and Michael Bender are all pending
in the Governor's office.
Agenda Item 4-
Discussion of potential mercury/wildlife presentation.
Neil Kamman advised that after talking with Dave Evers from Biodiversity Research Institute in Maine, he believes the best timing
for a presentation regarding mercury and wildlife would be January or February. Committee members stressed the importance of scheduling the meeting
at a time and location to attract the greatest number of people. The Committee has scheduled the card room for January 20, 2004 and could perhaps
coordinate the card room date with the presentation.
-
Suggestion to reserve Pavilion for the presentation as well as a location on the UVM campus.
-
Neil will contact Dave Evers to check his availability for January 20, 2004 and ask if he can bring display materials to use
in the card room.
-
A one-page announcement will be put together by Neil.
-
Neil will notify the Water Resources Board to encourage their attendance.
-
Karen will reserve the Pavilion and Neil will check for a location at UVM for a possible evening presentation.
-
Michael will contact Steve Larson with the House Fish and Wildlife Committee, National Wildlife and others to see if they
would consider co-sponsoring the presentation.
-
Mailing of the one page flyer will go out early January-Committee members will provide suggestions for recipients.
-
Committee discussed potential groups to invite to presentations: House and Senate Natural Resources Committees, House Fish
and Wildlife Committee, Water Resources Board, Wildlife biologists, UVM professors and their classes, National Wildlife Federation, Vermont
Institute of Natural Science, and the general public.
Agenda Item 5-
Updates.
-
Mercury Strategies for Sensitive Populations Outreach Committee (MS SPOC)
-
A draft copy was presented to the Committee of a poster that is being jointly developed through the Department of Environmental
Conservation with Fish and Wildlife and the Department of Health. The poster will be distributed though a Fish and Wildlife mailing to
the businesses that sell fishing licenses. This poster will also be distributed at a later date for use in doctor office waiting rooms,
libraries, childcare centers and other general locations.
-
A suggestion was made to develop a small business-sized card with safe fish eating information that could be carried in
a wallet.
-
A mailing is currently underway to all childcare providers in the state with mercury information and other materials specifically
geared toward children's exposure to toxics.
-
Co-op Mercury in Fish Postings
-
Manometer Program
-
Suggestion was made that the Committee send a letter to the Governor's office in regard to including funding in the Governor's
budget to finalize the manometer project.
-
Suggestion was made to send a letter to the new Secretary of Agriculture and copy the Governor's office.
-
The remaining funding needed to complete the manometer exchange project is around $20,000 to $30,000.
-
Suggestion that the Committee arrange a meeting with Phil Benedict in Agriculture prior to communicating with the Governor's
office.
-
Rich Phillips will contact Phil Benedict and report back to the Advisory Committee.
-
Collection Programs - Terri Goldberg from the Northeast Waste Management Officials Association/IMERC-Interstate Mercury Education
and Reduction Clearinghouse attended the meeting by telephone to update the Committee on current regional efforts.
-
Terri advised the Committee that collection system laws in Rhode Island and Connecticut require that a manufacturer of
mercury-added products develop and submit for approval a collection plan for spent products. There is a product phase out requirement
above 1000 mg, 100mg and then for Rhode Island 10 mg. As a part of the phase-out requirement, the manufacturer can apply for an exemption
to the phase out provided they have a collection plan in place that is funded by the manufacturer. This phase-out exemption is subject
to approval. The exemption would have numerical targets identifying a certain rate of collection, include how progress would be tracked,
and if unsuccessful, what would be changed in an attempt to better fulfill the numerical goal identified in the plan.
-
Connecticut law is effective July, 2004 and Rhode Island law does not become effective for two more years. Terri believes
that many manufacturers are unaware of the requirements. IMERC is trying to develop guidance for compliance and recently posted information
at: (www.newmoa.org/prevention/merc/IMERC/collectioninfo.cfm). This guidance provides criteria for compliance dates, exempt products,
and a form for submitting the collection plan.
-
Some products are exempt and may include formulated products which are consumed in use or products with components that
cannot be feasibly removed by the purchaser. The web site will include a list of exemptions.
-
Other products such as flame sensors in gas ovens will be subject to the first round of product phase-out due to the amount
of mercury in the product. If the oven has no source of electricity, there may be no alternative available.
-
Products manufactured prior to the compliance date are not subject to the collection system requirements. Inventories
prior to January 2004 will be exempt in Rhode Island.
-
IMERC facilitates the coordination between the two states. The states will make the determinations, approve plans, and
send approval letters.
-
Collection plans can include direct market take-back programs or assistance in financing household hazardous waste collection
programs through local recycling. Some manufacturers have set up programs through third-party organizations to manage the collections.
The collection plan does not dictate how the manufacturer may arrange for collection. For instance Connecticut is working with watch manufacturers
with button cell batteries for collection through jewelry stores. Manufacturers are being urged to examine how consumers participate in
the purchase of their products for possible avenues for collection systems.
-
Maine's auto switch collection program is a model for the region. Maine required phase out and mandates auto manufacturers
to develop and finance collection systems. This is the first case where the law extends into products made prior to mercury product laws.
There is still a debate in Maine on how the program can work. Manufacturers have placed collection containers for switches at auto salvage
yards. The controversial aspect of the requirement is the consolidation of the switches and the determination of who will pay what portion
of the bounty of $1. per switch to the salvage yards who remove the switches. Currently, there is vigorous opposition to the law and auto
manufacturers have taken the state of Maine to court in a legal dispute over complying with the law. The estimated cost may be as much
as $120,000 per year just for Maine. Some auto manufacturers opposed may stop selling in those states that adopt such laws. According
to Ms. Goldberg, if Maine's law is overturned, it will set a precedent. The preliminary decision of the judge, however, is very positive
in upholding Maine's position.
-
Terri Goldberg encouraged the Committee to visit the NEWMOA web site to see the new labeling guidance and other coordinated
efforts among the New England states.
-
Lamp Recycling Outreach - This topic will be discussed at the November meeting.
Agenda Item 6-
Other topics not on agenda.
-
Neil Kamman stated that his work and research as part of the "REMAP" project "Assessment of mercury in waters,
sediments and biota of New Hampshire and Vermont lakes sampled using a geographically randomized design" is being published sometime
after January 1, 2004 in the primary scientific literature, in the journal Environmental Toxicology and Chemistry.
-
Michael Bender reported that the Collins bill (regarding stockpiling mercury) and the thermometer ban (S616) was hot lined
to Senate floor. There was a closed-door state meeting regarding the issue. ECOS is going to write a letter and they believe that the real
work will have to be done on the House side. Mr. Bender believes that EPA does not want to set up systems to accommodate the storage issue.
Mr. Bender also noted that Minnesota was directed to stop all activities regarding mercury by their Governor.
-
Michael Bender advised the Committee that environmental and human health groups, along with several Vermont state senators
and residents of Addison County wrote a letter to Governor Douglas to prompt him to take all available steps to stop the International Paper
Company's proposed tire burn. Mr. Bender advised that the Governor is now talking with the Attorney General's office on how they can get involved.
Additional information, the letter to the Governor and press release can be seen at: http://www.mercurypolicy.org/
-
Michael Bender advised the Committee that the Zero Mercury Campaign was working toward getting states together to talk once
again about product legislation that emphasizes the use of alternative products. Mr. Bender applauded the accomplishments of the Lowell study,
"An Investigation to Alternatives to Mercury Containing Products" and would like to see state laws ban non-essential use of mercury
products especially in the industrial sector. Ruma Kohli added that IBM had already recognized this need and was advancing forward to replace
mercury components whenever possible. Mr. Bender suggested that IBM might take the lead in promoting this concept. He asked that the Committee
be forwarded copies of University of Massachusetts, Lowell study. He suggested a ban on mercury thermometers. He suggested the Committee recommend
legislationt that would cover areas where there is more consensus for action.
-
Concern that the Governor's office is not interested in actively supporting mercury legislation this year.
-
Suggestion to consider legislation with specific bans and include in legislative recommendations for this year's report.
-
Mr. Bender suggested a subcommittee of the Advisory Commmittee to work on legislative recommendations.
Agenda Item 7-
Set date and agenda for next meeting.
The next meeting is tentatively scheduled for November 21, 2003. If that date does not work for the committee members, an alternative
date for November 18th or week of November 24th will be set by e-mail. The meeting will be held in the conference room at the Environmental Assistance
Division, Waterbury state complex, Waterbury, Vermont. The agenda will include an update of the Monitoring Data by Neil, an update on the lamp
outreach project, with the majority of the meeting devoted to discussing items that should be included in the legislative report.
|
|
|
|
