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Advisory Committee on Mercury Pollution
Meeting #57: Thursday, November 18, 2004
Time: 8:30 am to 11:30 am
Location: Chittenden Solid Waste District's Administrative Office
1021 Redmond Road, Williston, VT
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
Senator Virginia Lyons, Senate Natural Resources and Energy Committee
Rich Phillips, Vermont Agency of Natural Resources, Environmental Assistance
Guests Present:
Ben Davis, VPIRG
Jennifer Holliday, Chittenden Solid Waste Management District
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 Chittenden Solid Waste District's Administrative Office. Rich
Phillips called the meeting to order.
Agenda Item 1-
Accept minutes of the October 1st and November 12th meetings and possible changes to today's agenda.
Some members had not had the opportunity to thoroughly review the minutes and minutes will be finalized and approved via e-mail.
Agenda Item 2-
Discuss recommendations for annual report.
The Committee reviewed S.111, which was the mercury legislation that passed in the Senate in the previous session. It was decided that S.111 as
introduced would be reviewed by the Committee as a starting point in determining the Committee's legislative recommendations. The Committee felt
there were certain revisions made to the bill that was passed through the Senate that may still need to be considered when reviewing the bill as
originally introduced.
The Committee examined the sections of the bill as follows:
- The Committee agreed that the "legislative findings" should be updated to convey more current information based on EPA findings and
other items included in Senator Jeffords' resolution. The Committee agreed to consolidate new findings with existing information based on the
virtual elimination goal by the New England Governors. A draft would be presented to the Committee for further review.
- The Committee agreed that additional definitions might need to be added to clarify and coordinate with other states.
- The Committee agreed that the notification section should be reviewed and modified to coordinate with language used by other states the notification
section.
- In S.111 as adopted in the Senate notification was eliminated. Question as to whether there was a significant reason for this. The response
was that the bill's provisions were substantially reduced in order to successfully pass the bill. Since that time, other New England states have
adopted this legislation and it is important to be consistent with other state requirements. This section is also working successfully through
the Interstate Mercury Education and Reduction Clearinghouse (IMERC) and the addition of this section enables states to determine who must be
regulated under other sections of the bill. Suggestion to clarify that the notification must be the "original" manufacturer.
- Restrictions on the Sale of Certain Mercury Added Products is a section that specifically identifies products that will be banned from sale
in the state. The Committee had the following comments regarding this section:
- The Committee considered if this section would be more effective if expanded to include other items or if this is better addressed in the
Phase Out section of the bill.
- The Committee reviewed several options on potential bans of certain products and found that the Maine language specifically banning products
may be the direction to proceed.
- There was concern that some of the Maine's legislative language regarding such items as banning thermostats except by prescription and other
exemption wording in the ban section should be examined. The Committee determined it may be useful to utilize the Maine language for product
bans not listed in S.111 and keep the current language for all existing product ban categories in the bill as passed in the Senate.
- The Committee agreed that fever thermometers, manometers, school use, elemental mercury, thermostats, switches and relays and instruments
and measuring devices should be included in the Restriction on Sale section of the bill. However, the Committee will form a sub-Committee
to determine the status of implementation in other states.
- A suggestion was made to adopt the ban on switches and relays but to focus the effort incrementally as already adopted under Connecticut
law in order to ban the products starting with those containing the largest quantities of mercury first.
- Concern as to whether the component manufacturer or the manufacturer of the larger product that contains the mercury component would apply
for an exemption under this section.
- Concern if the Agency would have someone who had the expertise to evaluate exemption requests. Some members believe that the evaluation
through the clearinghouse that involved the New England states would be adequate.
- Concern if there would be adequate resources to implement an exemption process.
o Committee decided to form a sub-committee to meet with representatives from NEWMOA, Connecticut, Maine, Rhode Island and Illinois to discuss
their phase out and ban legislation and how they are or will be implementing their individual states.
- Suggestion that implementation date for any phase out or product ban should be effective 2007 which would allow adequate time for other
states to have already implemented their programs.
- Suggestion that IMERC should have an expert on staff for evaluation of exemption requests. Concern is that adequate funding may not be available.
- Suggestion to use language from a combination of Maine and Connecticut's legislation for phase out and product bans.
o Michael Bender provided information that he feels substantiates the need to focus efforts on the products that contain larger amounts of
mercury. The data below was provided by Michael from an unpublished report prepared by US EPA in December 2002 entitled "Use and Release
of Mercury in the United States" estimated the annual mercury use in various product manufacturing processes. The data are as follows:
- Electrical lighting 16 tons
- Measuring devices 9-17 tons
- Thermostats 15-21 tons
- Switches and relays 36-63 tons
- Dental preparations 34-54 tons
- Some Committee members stated that a specific product ban such as Maine's would address 70% - 90% of the volume of mercury in products.
- The Committee feels it is important to examine the wording that will be used for the criteria for the exemption process. After the sub-committee
meeting, language will be drafted for the Committee to review.
- The Committee favors legislation to ban specific products utilizing much of the language from Maine's legislation and to include the sections
on switches, relays, instruments and measuring devices. These would be banned unless granted an exemption. There was discussion that the list
of instruments and mercury devices be further evaluated for products that should be banned without an exemption process.
- The Committee agreed that the exemption process would cover many items that may be of concern during the legislative process.
- The Committee concluded that newly purchased products are the focus of the bans. Mercury-added replacement parts in existing products would
not be subject to restricted sale in the same way.
- Suggestion to ask Maine the rationale for including each instrument and measuring device listed in their restriction on sale and use.
- Suggestion to examine the Lowell Report "An Investigation of Alternatives to Mercury-Containing Products" to better understand
the product categories that would be subject to restricted sales and use.
- Committee agreed that the labeling section should be included in the bill and to be as consistent as possible with legislation in other states.
- Concern regarding recycled paint regarding labeling and ban.
- Committee agreed that recycled latex paint should be specifically excluded from labeling and disposal.
- Suggestion that Committee consider legislation regarding mercury-containing vaccines. California passed a law banning mercury from any infant
vaccines. Currently mercury is still used in influenza and tetanus shots.
- Suggestion in the Disposal Section to re-evaluate the automobile switches and white goods section concerning manufacturer responsibility for
collection programs. This section will be discussed in more detail at the next meeting.
- Committee agreed that the dental section should include a requirement for amalgam separators and include the Best Management Practices by statue.
Suggestions that Maine's requirement for installing amalgam separator is considered including the maintenance section.
- Committee decided to draft the report to the legislature using a condensed bulleted format of legislative findings and recommendations.
Agenda Item 3-
Set date and agenda for next meeting.
The next meeting will be held 9:00 am to 11:30 pm, Friday, December 16, 2004 at the Waterbury State Complex in the EAO Conference Room, Waterbury,
Vermont.
An additional sub-Committee will be scheduled for November 30th or December 3rd according to the availability of parties involved.
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