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Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

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Advisory Committee on Mercury Pollution

Tenth Meeting: Friday December 10, 1999
Time: 9:00 a.m. - 11:30 a.m.
Location: Burlington Municipal Waste Water Treatment Plant, Conference Room
Lavalley Lane, Burlington, Vermont

MINUTES

Members Present:
Tim Scherbatskoy, University of Vermont
Richard Phillips, Vermont Agency of Natural Resources
Elizabeth Ready, Chair of Senate Natural Resources and Energy Committee
Michael Bender, Abenaki Self-Help Association, Inc
William Bress, Vermont Department of Health
Mary Sullivan, Chair of House Natural Resources and Energy Committee

Guests Present:
Donna Barlow Casey, Central Vermont Solid Waste Management District
Allison Crowley-Demag, New England Public Affairs Group
Monique Gilbert, Northeast Natural Resource Center
Jennifer Holliday, Chittenden Solid Waste District
Kevin Leahy, Esq., Downs, Rachlin & Martin
Laura Routh, Addison County Solid Waste Management District
Tom Benoit, 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, Burlington Municipal Waste Water Treatment Plant, Burlington, Vermont and the meeting was called to order by Tim Scherbatskoy.

Agenda Item 1-

Accept minutes of the December 2nd meeting and changes to today's agenda.

Minutes were reviewed and accepted with a deletion of a line located on page 3 as to the funding required for implementation as the figure was uncertain.

Agenda Item 2-

Proposal for thermometer phase out by Michael Bender

This topic was readdressed by Mr. Bender who distributed a packet of support information to be copied and forwarded to the Committee members for support of the position to propose a thermometer phase out recommendation by the Committee in the January 2000 report.

  • Mr. Bender suggested that the Solid Waste Districts, Health Department and Department of Environmental Conservation to estimate costs to put together a coordinated effort to implement a thermometer exchange programs.
  • Committee determined to include in the January 2000 report a recommendation for a state-wide phase out program of mercury thermometers over a certain period of time with possible caveats for specific prescription or hospital usage.
  • Neighboring states view: NEWMOA model legislation specifically targets phase-out programs. New Hampshire is considering all model legislation and New York has already recommended model legislation.
  • Solid Waste Districts have been implementing exchange programs and they believe that these programs cannot be effective until legislation is in place to prohibit the purchase of new thermometers.
  • Issue with Solid Waste Districts is the funding for programs. Central Vermont household hazardous waste survey indicated that 20% of households did not recognize thermometers as a hazardous waste. Pilot project with state in day-care facilities revealed that 15% of parents did not know thermometers contained a hazardous material.
  • Committee consensus that a recommendation for thermometer phase-out be included in the report with details for implementation to be coordinated.
  • Concern for majority of consumers is accuracy of non-mercury thermometers.
  • Michael Bender is to contact someone with Consumer Reports to obtain accuracy information for non-mercury thermometers.
  • Districts to report to committee on costs in conjunction with thermometer exchange programs. Begin discussion and continue at next two meetings.
  • When more members are present, recommend phase-out in a more specific format.

Agenda Item 3-

Review and make recommendations on draft report to legislature

Draft was distributed for January 2000 for discussion, modification and addition of information and proposed support and recommendations.

Introduction:

  • Check - seven charges of Committee - six listed.

Legislative History:

  • Approved as written

Work of the Committee in 1999

  • Change order of items as to the importance from a legislative standpoint.
  • Insert information into "dairy farm" portion regarding non-working farms. Suggest to the Department of Agriculture that after the pilot program is completed to research manometers in non-working farms.
  • Solid Waste Districts to provide data for school science lab clean-out as far as amounts projected that will be removed for disposal. They also offered data to be included in the report for the amount of brochures distributed and the response from the public. Solid Waste Districts to provide information to Gary Gulka to include in the report.
  • Add an additional item after the school science lab information to include mercury in schools fact sheet information from the Health Department to be provided by Bill Bress.
  • Rich Phillips would provide the information for the report regarding the NEMA lawsuit.
  • Included in the report that the Committee in the January 1999 report recommended that Vermont solid waste destined for incineration be disposed only a facilities which meet a 0.028 milligrams per dry standard cubic meter mercury emission standard. New Hampshire passed a law requiring this standard. Rich Phillips is to add language for this item.
  • Committee members to check for overlooked items from previous minutes and consider other items which can be discussed at the next meeting.

Committee Recommendations

(I. The extent of mercury contamination to Vermont’s soil, water and air; and II Health risks from mercury contamination in Vermont)

  • Add a statement that describes how the recommendations are formatted.

Current Status

  • Tim Scherbatskoy to supply information regarding data on air quality and mercury precipitation.
  • Bill Bress to supply information regarding data from Vermont Health Department on advisories in response to potential risks to sensitive populations and exposure risk in schools.
  • Hollie Shaner to supply information regarding data on potential health risks from mercury exposure.

Recommendations

  • First item in recommendations corrected to read: The Committee supports funding of research at federal and state levels to better understand the extent of mercury contamination, sources, and health risks. The Committee also recommends the Agency of Natural Resources and the Department of Health coordinate their information outreach and communicate new information to the public.

(III. Methods to minimize risk of further contamination or increased health risk; and IV. The potential costs for minimizing risks and how to pay for them)

Current Status

  • Remove first sentence from draft and begin paragraph with, "The Committee strongly supports the regional . . ."
  • Add expanded information on universal waste rule

Recommendations

  • Remove "autos" from the second item in the recommendations.
  • Add that the Committee supports manufacturer take-back programs for thermostats
  • Add Committee support for a state-wide survey of dental offices for amounts of inventoried dental amalgams, determinations as to use of amalgam substitutes and patient awareness of alternatives.
  • Add to dairy manometer recommendation information to support a program to investigate non-working farms after pilot project is completed.
  • Committee supports recommendation for fever thermometer phase-out program.
  • Committee considering support for pledge card or other types of programs for elimination of mercury in schools and hospitals.
  • Federal legislation which would mandate coal burning power plants recommendation moved to section V. Ways to coordinate with other states.

(V. Ways to coordinate with other states to effectively address mercury issues)

Current Status

  • Summarize NEWMOA model legislation information and make reference to previous information. Include information regarding New England Governors and Eastern Canadian Premiere’s action plan.
  • Add details as to the Attorney General’s involvement in the lawsuit against mid-western power plants.

Recommendations

  • Support the resolution for joining the lawsuit against mid-western power plans to reduce mercury emissions.
  • Add Support federal legislation from section III & IV.
  • Add to support concept of NEWMOA model legislation and what we will recommend be legislated in Vermont.

(VI. Ways to reduce mercury releases from the incineration of solid wastes)

Current Status

  • Add information regarding Vermont towns and their responsibility under the contract with Claremont which expires 2003.
  • Upgrade cost for Claremont incinerator is $1.85 million. Vermont/New Hampshire obligated for 81% which is approximately $1.5 million. New Hampshire is required to pay 58% ($866,000.) and Vermont is required to pay 42% ($632,000.).

Recommendations

  • Add two existing recommendations from January 1999 report regarding incineration from information in executive summary portion of draft and include information regarding source separation.

Committee Work Plan for 2000

  • All members should read this draft section and comment if there are any additional items.
  • Areas should be broadened from draft information.
  • Should attempt to get input from auto manufacturers regarding methods to develop salvage yard programs for mercury-added device removal.
  • Broaden information regarding model legislation to allow full evaluation of the NEWMOA model legislation by the Committee with input in order to make recommendations for next years legislation.

Agenda Item 4-

Review draft items by Rich Phillips for letter regarding Claremont Incinerator upgrades

A draft letter written to Commissioner Dalmasse was distributed to Committee for review regarding the Committee's position on the Claremont Incinerator upgrades.

  • The Committee concluded that a letter which would be presented to the Commissioner in support of proceeding without delay to conclude efforts in the Claremont Incinerator upgrades would be of limited value.
  • The Committee decided to look into Claremont situation in more depth, gather more information and re-evaluate the effectiveness of its involvement at a later date.
  • The Committee requested the Agency of Natural Resources to keep them updated as to the progress of the Claremont Incinerator upgrades.

Agenda Item 5-

Update on availability of card room for legislative presentation

Mary Sullivan advised the Committee that there were no available dates or times for use of the card room for a legislative presentation on mercury by the Committee.

  • Ms. Sullivan presented a list of those parties which have reserved the room and suggested the Committee might explore the possibility of sharing the room with another organization.
  • Ms. Sullivan suggested that someone contact the Vermont Citizens Advisory Committee who was scheduled for January 27, 2000 as there may be related issues.
  • Tim Scherbatskoy is to contact the chairman of the Citizens Advisory Committee to discuss if they would consider sharing the room on that date.
  • The Committee is to discuss details of the presentation once a date is obtained as to what members would be available to attend, materials for the presentation, etc.

Agenda Item 6-

Review and finalize information to be placed on mercury web site for the Advisory Committee on Mercury Pollution.

Individual biographies were distributed to the members for their review. Copies of the home page and samples of the web site page were handed out for the Committee's approval.

  • The Committee will review this information and provide corrections and/or comments at the meeting to be held on December 15, 1999.
  • Recommendations for other links to web sites can be provided by the Committee.

Agenda Item 7-

Other topics not on agenda

NEMA Update

  • Rich Phillips updated the NEMA lawsuit information for the Committee. Mr. Phillips advised that negotiations were in the process with NEMA.
  • Mary Sullivan stated that if the injunction was held in the 2nd circuit court that this would also be New York's 2nd circuit court which could set a president for New York. For the record, Ms. Sullivan stated that she had never dealt with a group (NEMA) which was more uncooperative from the time the legislation was debated in committee.
  • Committee considered recommending support of federal legislation for labeling on a national level.

Release of January 2000 report

  • Previous considered date, January 17, 2000 is a floating holiday for state workers and may not be the most appropriate date for public release.
  • The Committee is to consider releasing the January 2000 report at the legislative presentation with a press conference if they can obtain a date for the card room.
  • Karen Knaebel to research the responsibility of Committee for outside review of report prior to release.

Agenda Item 8-

Set date and agenda for next meeting

Next meeting of the Advisory Committee on Mercury Pollution to be held on December 15, 1999 from 9:00 a.m. to 11:30 in the Dunbar Room in the Fanny Allen Campus of Fletcher Allen Health Care, Rt. 15, Colchester, Vermont.

 

   
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