Advisory Committee on Mercury Pollution
Meeting #72: Monday, January 8, 2007
Time: 10:30 am to 12:30 pm
Location: Conference Room, Laundry Building, Waterbury State Complex,
Waterbury, Vermont
MINUTES
Members Present:
Michael Bender, Abenaki Self-Help Association, Inc.
Bill Bress, Vermont Department of Health
Gary Gulka, Vermont Agency of Natural Resources, Environmental Assistance
Jennifer Holliday, Chittenden Solid Waste Management District
Representative Carol Reed Hosford
Neil Kamman, Vermont Agency of Natural Resources, Water Quality Division
Via Telephone:
John Berino, Vermont Assn. of Hospitals and Healthcare Systems
Ruma Kohli, IBM
Eric Palmer, Vermont Agency of Natural Resources, Fish and Wildlife-via telephone
Mary Jean Rajda, Porter Medical
Guests Present:
Matt Levin, Vermonters for Clean Environment
Anthony Otis, NOD\Vermont Delta Dental Plan
Peter Taylor, Vermont State Dental Society
Karen Knaebel, Vermont Agency of Natural Resources, Environmental Assistance
The Committee members and interested parties gathered at the Waterbury State Complex Laundry Building Conference room and by phone. Michael Bender called the meeting to order. It was noted the meeting would need to end at 12:00 noon due to conference room availability.
Agenda Item 1
Review minutes from December 19th meeting
The Committee reviewed the minutes from the December 19, 2006 meeting. Suggested change: Agenda Item #2 – 8th bullet – change the word “precautionary” to “environmental”
- Bill Bress made a motion to approve the minutes with the change, Gary Gulka seconded
- All in favor: unanimous
Agenda Item 2
Discussion of committee annual report and recommendations
Comments were submitted in writing by Jen Holliday, Mary Jean Rajda, Neil Kamman and Michael Bender. These comments were presented to the Committee for further discussion.
- Mary Jean Rajda advised that she had concern that the recommendations concerning thimerasol in vaccines identified the prohibition “except in the case of an emergency.” She stated that considering the problems with availability of the vaccine that if there was a temporary shortage of the vaccine that it could not be considered an “emergency.” She added that if there was a shortage and then an outbreak of flu that it would not be in the best interest of health for a pregnant woman to wait on the mercury free thimerasol with the risk of contracting flu.
- Carol Hosford added that the proposed bill addressed shortages.
- Suggestion to expand the language to include “in case of emergency or temporary shortage.”
- The Committee agreed to make changes in recommendations and under rationale to address exceptions made for such things as epidemic and temporary shortage.
- Jen Holliday presented her suggested changes to the Committee in various sections and the Committee agreed to accept all changes.
- Ms. Holliday added that in the table of mercury collected through Solid Waste Districts and towns that initially the information for elemental mercury was collected separately especially during the school clean out and collection of elemental mercury from dentists offices. The chart reflects these numbers for elemental mercury collection; however, she added that currently the elemental mercury numbers are being combined with mercury debris so that the amount of elemental mercury is not being accurately tracked. She suggested that the committee add a statement to clarify this information.
- Ms. Holliday added information in the section referencing PSI legislation developed for Maine to clarify that model legislation was being developed but was not currently available and so the Maine legislation was all that was available.
- Neil Kamman’s suggested changes were reviewed by the Committee and accepted as written.
- Michael Bender provided suggested changes to the Committee throughout the report. The following is the discussion that resulted from the suggested changes:
- The Committee discussed page 11 and 12 regarding changes to recommendations on Dental Mercury.
- John Berino had questions under the rationale section. He asked if it was correct that the largest use of mercury in products is dental amalgam. Michael Bender responded and stated that this information is referenced in a 2004 EPA international market report pie chart.
- Mr. Berino also asked if the statement that dental mercury was the largest source of mercury was correct. Mr. Bender advised that this was documented by the American Sewage Studies and Municipal Wastewater Studies. Neil Kamman added that he checked into the studies and found that 40% of mercury found in wastewater discharges comes directly from dental offices and that 8% originated from mercury that passed through the body into the waste stream. Mr. Kamman noted that the first analysis concluded that the 80% that was identified in the previous minutes by Phil Etter was an older estimate and the new number is 8%. Bill Bress asked how the study differentiated the amount of mercury coming from fish consumption. Mr. Kamman stated that they study determined the level of mercury in all kinds of food eaten and came up with a model diet and used the numbers based on the model diet.
- Mr. Berino questioned the information provided by FDA as stated in the Committee’s report and felt it did not adequately relay the information as he felt it portrayed that more study is necessary. Mr. Berino suggested adding the language off the web site making reference to this study. Language will be added to the report as follows: “Specifically, they wanted to know if there was additional information available regarding the effects of dental amalgam on pregnant women, small children, and sensitive individuals, and on exposure levels during initial placement or removal of amalgam fillings.”
- Peter Taylor stated that he had understood at the last meeting that there would be some reference to the efforts of the Vermont Dental Society.
- It was agreed by the Committee that language would be added to identify that the Vermont Dental Society has been proactive in promoting dental BMPs, encouraging amalgam separators. Gary Gulka will work on language to identify the progress of the Dental Society.
- Mr. Taylor also remarked that he was uncertain if the comments were made by an individual or if it was a statement of a Division within the Agency of Natural Resources but if the statement by the Air Division was being included in the report then he felt the statement by the State Dental Director with the VDH should also be added. He suggested that information be added from the testimony provided at the legislature by Dr. Steve Arthur. He felt it was unfortunate that the Committee’s report did not represent information from both Departments (DEC and VDH) and felt it was inappropriate that one Department submits something and another does not.
- Peter Taylor also had concern about the information in the report referencing the FDA study. He felt the comments were misleading and that FDA had actually concluded that there needed to be more studies. Mr. Bender commented and stated he had submitted this information to the Committee and it was his understanding that the FDA panel voted and he had stated the information verbatim as listed in their white paper. Mr. Taylor responded saying that he felt the paper did not state amalgam was harmful but he felt that the conclusion stated that there needed to be more studies.
- The Committee agreed to language proposed by Bill Bress and language will be added once he checks with Steve Arthur with VDH to make certain that his position as stated in the suggested language has not changed. The suggested language is as follows: “The VDH dental program does not believe dental amalgams to be a health issue of concern for adult adolescents, children, or pregnant women. On the other hand, the program is concerned about the environmental burden of mercury and further encourages the capturing of dental waste amalgam and proper disposal of that waste.”
- It was noted that the 2005 ACMP report made reference to a letter from Dr. Swartz from VDH which is the opposite opinion from that identified in the legislative testimony from Dr. Arthur; therefore, it was necessary that the Committee receive clarification on the VDH position before referencing the information in the 2006 report.
- John Berino had concern that without footnote references that he felt the FDA information should be clarified.
- The Committee discussed section on page 14 regarding recommendation for National Management of Surplus Mercury.
- Jen Holliday remarked on the suggestion to add the word “acute” relating to health and safety hazards to the miners and their families for small scale gold mining. She suggested that mercury exposure is both chronic and acute. Mr. Kamman and Mr. Bress both supported the use of the wording “acute” and the Committee agreed to keep the changed wording.
- Eric Palmer had concern on attaching the draft resolution as he felt the language seemed to reference that the Committee was suggesting a resolution to congress. The Committee agreed to strike the suggested wording “including the attached resolution recommended by the Advisory Committee” and not attach the resolution.
- It was suggested that information provided in the report should be referenced with footnotes. The Committee agreed that this information could be made available upon request but that time did not permit the extensive time necessary to identify all research utilized to provide the information in the report.
- It was noted that along with Bill Bress going back to VDH to obtain and updated position that there may be an update on the Air Pollution Control Division’s position as this was not the typical procedure by which the DEC takes a position on a subject. The Commissioner is aware of the letter by Richard Valentinetti and the Committee may or may not hear back on this issue but it was important to make the Committee aware of the situation.
- Jen Holliday suggested that the reference made by the VDH as to their position was made prior to the findings in the FDA report. Mr. Kamman suggested that any bias be put aside and suggested to the Committee that the information be placed in the report as it is provided by the VDH as to their current position.
- Carol Hosford suggested that a statement be added to the report regarding Thimerosal stating “vaccination is an important tool for public health and the Committee does not want Vermonters to fail to vaccinate because of concerns for the safety of the vaccines.” The Committee agreed to add this statement.
The Committee concluded its discussion and considered next steps to finalize the report.
- Bill Bress will get back with Gary Gulka as to the VDH position to be placed in the report.
- Michael Bender advised the Committee that the Fish and Wildlife and Water Resources Committee wants to take up the Advisory Committee on Mercury Pollution recommendation about the export ban issue at their afternoon session on Thursday, January 11, 2007. Carol Hosford has been asked to provide an overview starting around 1:00 pm and Michael Bender, Ruma Kohli, Gary Gulka and Jen Holliday have been asked to testify. The Fish and Wildlife Committee has taken specific interest in the stockpiling resolution and they are interested in fast tracking this to the House floor. Mr. Bender also added that he was hoping to take this resolution and present it at the UN meeting that he would be attending. He asked that the ACMP report be ready to release by Thursday for this reason.
Agenda Item 3
Set date and agenda for next meeting
Potential dates for the next meeting will be sent to members via-email to set the next meeting sometime after February 10, 2007.
A motion was made and seconded for meeting adjournment and members voted unanimously to adjourn the meeting.
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