Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

Advisory Committee on Mercury Pollution

Meeting #77: Thursday, November 1, 2007

Time: 9:00 am to 12:00 noon

Location: Chittenden Solid Waste District Office,

Williston, Vermont

MINUTES

Members Present:

              Michael Bender, Abenaki Self-Help Association, Inc.

              John Berino, Fletcher Allen Health Care (representing Vermont Association of Hospitals and Health Systems)

              Gary Gulka, Vermont Agency of Natural Resources, Environmental Assistance

              Jennifer Holiday, Chittenden Solid Waste Management District, via telephone

              Neil Kamman, Vermont Agency of Natural Resources, Water Quality Division

              Ruma Kohli, Chemical Management Program Manager, IBM

              Representative Cynthia Martin, Vermont State House of Representatives

              Senator Richard McCormack, Vermont State Senate

Guests Present:
             

              Karen Knaebel, Vermont Agency of Natural Resources, Environmental Assistance

              Matt Levin, Vermonters for Clean Environment

              Peter Taylor, Vermont State Dental Society

The Committee members and interested parties gathered at the Chittenden Solid Waste District Office in Williston, Vermont; Michael Bender called the meeting to order.

Agenda Item 1
Review draft minutes from October 27^th meeting.

Neil Kamman Pointed out a typographical error on page 3. Mr. Kamman requested that the first sentence in paragraph 3 be changed to read, "Mr. Kamman felt it is the Advisory Committee’s role to make recommendations in its report regarding H.121.”

Senator McCormack pointed out a clarification in paragraph 1 of Agenda Item 6. The Committee agreed that the first sentence in this paragraph should read: “Matt Levin discussed Senator Snelling’s bill (S.81) and H.114 on thimerosal.”

The minutes of October 17 were approved with these changes.

Agenda Item 2

Committee member concerns as a standing committee item

• Neil Kamman mentioned that a federal bill has been introduced in the House that addresses a broad array of air quality issues, including mercury, carbon, nitrogen, and ozone. He suggested the Advisory Committee may want to track this bill if it is taken up for Committee discussion in the House.
• Gary Gulka mentioned that Jim Johnston of the Vermont Funeral Directors Association requested to be on the agenda for the next meeting to discuss the dental amalgam survey of funeral homes and the crematoria mercury issue.
• Michael Bender mentioned that H.1534, the federal mercury surplus bill, passed out of the House Energy Committee by a vote of 42-2, and is now headed to a vote on the House floor. This bill would ban the export of surplus mercury a year before the European Union proposal. It would require storage of non-federal mercury at the Oak Ridge, Tennessee facility. All major stakeholders supported the limited liability provisions and fees on generators of mercury. Mr. Bender stated that all of the mercury from chlor-alkali plant closings may be sold off on the open market before this bill would go into effect. He also mentioned that there would be limited potential to ship mercury for essential uses, and that this may include dental amalgam.
• Mr. Bender mentioned that he will be testifying at a hearing of the U.S. House Subcommittee on Domestic Policy of the Committee on Oversight and Government Reform on November 14, concerning the environmental risks of dental mercury.
• Neil Kamman mentioned that the mercury TMDL has gotten attention from Vermont’s Congressional delegation, endorsing it and urging EPA’s approval. Press releases were issued in every state except New York to say that EPA is not adequately implementing the Clean Air Act, thus preventing states from meeting mercury limits in water bodies.

The Committee agreed to reverse the order of agenda item 3 and 4.

Agenda Item 3
Update on CFL breakage guidance

• Karen Knaebel mentioned the upcoming regional meeting on CFL breakage and cleanup and indicated that this meeting may change the guidance on cleanup that Vermont currently has in place. The State of Maine’s study on mercury emissions from CFL breakage and cleanup will be presented. The Agency of Natural Resources, Health Department, and Efficiency Vermont are developing three documents: mercury spill cleanup guidance; lamp breakage cleanup procedures; and a contact sheet for who to call in case of a mercury incident. This will be broadly distributed to various entities that may have contact with the public.
• Michael Bender suggested that the media should be alerted to Vermont’s cleanup procedures when the documents are completed. Neil Kamman supported media outreach on CFL breakage.
• Jen Holiday stated that collection infrastructure for fluorescent lamps is still not adequate and that many entities including the State, Solid Waste Districts, and Efficiency Vermont are paying the collection and recycling costs currently. She suggested that the Advisory Committee needs to consider manufacturer responsibility for take-back of spent lamps.
• Michael Bender asked if the Agency of Natural Resources can disseminate guidelines to hardware stores on storage of spent fluorescent bulbs. He expressed concern that there could be a breakage incident at a hardware store participating in the recycling program.
• Karen Knaebel indicated that stores will be given new cleanup guidance once the new guidelines are developed. She also mentioned that there will be improvements in the storage containers for CFLs, U tubes, and linear lamps that will go into effect in January. CFLs will be stored in sealable buckets with individual poly bags. There will be more cleanup guidance provided to the hardware stores.
• Senator McCormack asked if independent hardware stores are involved in lamp collection. Karen Knaebel indicated that some have been contacted and are involved. Efficiency Vermont will fund collection of CFLs at these locations and other lighting retail outlets.
• Jen Holiday indicated that it is not only the collection infrastructure that is an issue in lamp recycling- it is who pays. Chittenden Solid Waste District spent $20,000 on lamp collection, including larger generators who cannot use the recycling program in hardware stores. She supported no-cost collection funded by lamp manufacturers.
• Michael Bender suggested a subcommittee of the Advisory Committee be formed to develop recommendations on the issue of fluorescent lamp collection, including the role of manufacturers.
• Neil Kamman suggested that this be a work plan item for the Advisory Committee in 2008.
• Michael Bender mentioned that national dialogue will be beginning soon on product stewardship for lamps.
• Jen Holiday suggested that the issue of product stewardship and the lamp collection/recycling issued be discussed in the Committee’s report this year, since these issues will be coming up in Vermont, regionally, and nationally. She suggested Vermont should be a leader on this issue.
• Michael Bender suggested that a subcommittee consisting of Jen Holiday, Karen Knaebel, and Michael Bender develop a summary for the Advisory Committee report, with the general recommendation that the issue of product stewardship needs to be addressed in the near future.
• It was agreed that Jen Holiday and Michael Bender will develop some draft text for the Advisory Committee report for discussion at the next meeting.
• Representative Martin mentioned that the Legislature has mercury issues on the table that have not been fully addressed for the upcoming session and suggested a report to the Legislature next year with recommendations on lamp issues.

Agenda Item 4
Discussion related to cleanout of mercury from colleges

• Neil Kamman believed that some colleges/universities such as University of Vermont have addressed the issue of mercury cleanout from laboratories
• Jen Holiday pointed out that colleges are exempt from the current law prohibiting the use of mercury in schools. She felt that there should be some sort of notification to colleges about unused mercury and the importance of removing and properly disposing of it; however, she felt that it is not the Committee’s place to make a legislative recommendation but to assist colleges with mercury cleanout. Ms. Holiday felt that mercury cleanout in Vermont secondary schools should be an issue that is revisited. She felt that there are some schools with mercury that did not participate in the statewide mercury cleanout of schools.
• It was agreed that Jen Holiday would raise the issue of school and college mercury cleanout with the Hazardous Waste Network and then report back to the Advisory Committee.
• John Berino suggested that colleges be contacted about mercury cleanout as an informational piece, and that it is coming down the road.
• Jen Holiday suggested that this be on the work plan of the Advisory Committee for next year.

Agenda Item 5
Update on press release for thermostat collection pilot project

• The Advisory Committee made modifications to the press release drafted and presented to the Committee by Michael Bender.
• Michael Bender will contact Efficiency Vermont to finalize the press release and possibly include a quote from them. It was suggested that there also be a quote from the Advisory Committee vice chair and a quote from a hardware store.
• Karen Knaebel indicated that newspaper ads are now running and there will be radio ads during the first two weeks of November. She mentioned that participating hardware stores have posters.
• Question as to whether the thermostat collection program could be extended. The Agency of Natural Resources needs the collection data for a legislative report on financial incentives for thermostat collection. Extension of the program would not give the Agency time to develop the report in time.
• Peter Taylor suggested that the Agency attempt to get media coverage in business journals about the successes of working with retailers on mercury product collection programs such as thermostats and lamps.
• Michael Bender stated that he plans to finalize and issue the press release next week.

Agenda Item 6
Discussions related to H.121 – dental amalgam

• Peter Taylor requested that the word “providers” be changed to “insurers” on page 9 of the minutes of October 27, 2007, in reference to the statement he made regarding data from insurance companies on amalgam versus composite use.
• Matt Levin of Vermonters for a Clean Environment (VCE) stated that it appears that the Senate Natural Resources Committee will be taking the lead on dental amalgam legislation, even though H.121 was passed out of the House Fish, Wildlife and Natural Resources Committee.
• Mr. Levin indicated that a meeting was planned between VCE, the Dental Society, and Senator Snelling to discuss the language of the bill.
• Neil Kamman suggested that the Committee reiterate its recommendation on dental amalgam and patient notification from last year’s Advisory Committee report.
• Michael Bender suggested that in addition to reiterating last year’s recommendation, that the insurance coverage issue (amalgam versus composites) be raised to the Legislature.
• Jen Holiday suggested that it is important to state in the report that the Committee has been recommending legislative action on dental amalgam for several years now.
• Michael Bender suggested that the significant progress in amalgam separator installation being mentioned in the Committee’s legislative report, as well as ADA’s position on amalgam separators as a best management practice and the new brochure that is being developed to explain the amalgam and non-amalgam choices for fillings.
• Michael Bender made a motion that a letter be sent by the Advisory Committee to the Commissioner of Banking and Insurance, Securities and Health Care Administration (BISHCA) pointing out the potential inequity in insurance coverage (including Medicaid) of mercury versus non-mercury fillings and requesting the Department’s view on this.
• The Advisory Committee voted in favor of sending a letter to the Commissioner of Banking and Insurance. Michael Bender agreed to draft the letter that will be circulated to Committee members. Once approved, it will be signed by the Advisory Committee chair.
• Neil Kamman suggested that the Advisory Committee report can address amalgam separators, the ADA endorsement of patient brochures, and insurance issues, including the letter to the Commissioner of Banking and Insurance.
• Representative Martin asked Peter Taylor how dental brochures will be disseminated.
• Mr. Taylor indicated that the use of any brochures by dentists is voluntary. Dentists will be able to download brochures off of the internet for their use.
• Peter Taylor reiterated the position of the Vermont State Dental Society (VSDS) Board that they do not believe that one brochure should be prescribed and that they do not support informed consent for use of dental amalgam.
• Mr. Taylor stated that the ADA Board of Delegates plans to approve a brochure at their December meeting. If the VSDS Board finds this brochure acceptable, then the VSDS will endorse its use by Vermont dentists. If it does not approve of the ADA brochure, then VSDS will develop its own brochure.
• Representative Martin stated that the purpose of the bill that passed out of her Committee is to ensure that conversation occurs on the dental amalgam issue between the dentist and the patient.
• Peter Taylor stated that VSDS feels that this requirement is too prescriptive – it is farther than any state has gone.
• John Berino asked if the VSDS will provide brochures to dentist offices. Mr. Taylor indicated that VSDS may provide an initial supply of brochures to dental offices.
• Representative Martin asked if the VSDS brochure would have information on the environmental impacts of mercury. Peter Taylor stated that he wouldn’t be surprised if it did have something on the environmental impacts. Mr. Taylor mentioned that there is a large amount of patient information on various topics in every dental office and it is difficult to convey one particular message because of this.

Agenda Item 7
Discussion related to H. 114 – Thimerosal in vaccines

• Michael Bender made a motion to reiterate the recommendation on thimerosal in last year’s Advisory Committee report.
• Matt Levin stated that the Vermont Department of Health is disseminating information on why thimerosal in vaccines is safe. Mr. Levin said that he would provide this information to the Advisory Committee.
• Jen Holiday suggested that the Advisory Committee needs to look into any inconsistencies in statements by the Health Department.
• Michael Bender withdrew his motion and stated that he would like to see this information from the Health Department.
• Neal Kamman said that he will contact Bill Bress about attending the next Advisory Committee meeting.

Agenda Item 8
Review outline and recommendations for Committee Report to the Legislature

Gary Gulka reviewed the report outline for the Advisory Committee Annual Report to the Legislature.

The following report outline was presented. Mr. Gulka indicated that the section on Committee recommendations was left blank intentionally, so that the Committee could discuss the topical areas it wished to include for recommendations at this meeting. Mr. Gulka indicated that the recommendations in last year’s Advisory Committee report were included at the end of the outline

ACMP 2008 Report Outline
I. Background

• General overview of Committee, its charge, last year’s recommendations, and status of legislative initiatives supported by ACMP

• Update on environmental monitoring
• VT Fish Advisories
• Health related updates or studies
• New England Governors/ECP Mercury Task Force Updates on 2010 goals

• Legislative: Dental BMPs, auto switches, hospital mercury reduction
• Thermostat Pilot
• Lamps, including broken lamp cleanup
• Button cell batteries
• Dairy manometer update
• Maple sugar thermometer exchange
• Crematoria survey
• Outreach to sensitive populations – survey results/report
• Municipal collection programs – report out statewide mercury product collections

• Thimerosal
• Dental amalgam
• Fish mercury monitoring program
• Thermostat collection
• Mecury auto switches
• Mercury-containing lamps
VI. Committee Work Plan
• Mercury-containing lamps
• Crematoria
• School/college mercury cleanouts

Jen Holiday suggested that health-related updates include the study on amalgam in children. She also suggested that the report include the export ban bill in Congress. Gary Gulka indicated that both the resolution on mercury surplus passed by the Vermont legislature and the federal bill could be discussed in the Background section.

Jen Holiday suggested that the Product Stewardship Institute report on financial incentives also be discussed with Vermont’s thermostat pilot collection project.

John Berino asked if quantitative data on mercury reduction, such as mercury reduced by hospitals, will be included in the report. Gary Gulka indicated that quantitative data, where available, will be included in the report.

The Committee agreed by consensus that Committee recommendations (Section IV of the outline) should address thimerosal, dental amalgam, fish mercury monitoring program, thermostat collection, mercury auto switches, and mercury-containing lamps.

Agenda Item 9
Set date and agenda for next meeting

Next meetings:

November 27 - 8:30 – noon Waterbury, Osgood Building

The committee agreed to either keep the current location for the meeting or move the meeting to Burlington, depending on availability of members.

Agenda Items include:

• Mercury-containing lamps
• Thimerosal
• Crematoria
• Senstive populations – survey results
• Environmental monitoring update

A subsequent Advisory Committee meeting was scheduled for the second week of December. A date, time, and location will be established via email.