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Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

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Advisory Committee on Mercury Pollution

Twelfth Meeting: Wednesday January 12, 2000
Time: 9:00 a.m. - 11:30 a.m.
Location: Vermont State House, Ethan Allen Room
115 State Street, Montpelier, Vermont

MINUTES

Members Present:
Tim Scherbatskoy, University of Vermont
Hollie Shaner, Fletcher Allen Health Care
Michael Bender, Abenaki Self-Help Association, Inc
William Bress, Vermont Department of Health
Richard Phillips, Vermont Agency of Natural Resources
Mary Sullivan, Chair of House Natural Resources and Energy Committee
Ric Erdheim, National Electrical Manufacturers Association (by tele conference)

Guests Present:
Donna Barlow Casey, Central Vermont Solid Waste Management District
Allison Crowley-Demag, New England Public Affairs Group
Monique Gilbert, National Wildlife Federation
Julie Hackbarth, Vermont Agency of Natural Resources, Waste Management Div.
Kevin Leahy, Esq., Downs, Rachlin & Martin
Peter Taylor, Vermont State 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 Vermont State House, Ethan Allen Room, 115 State Street, Montpelier, Vermont and the meeting was called to order by Tim Scherbatskoy and Hollie Shaner.

Agenda Item 1-
Accept minutes of the December 10th and December 15th meeting and changes to today’s agenda.

Minutes of the December 10th meeting were reviewed with a change to page two in the first bullet to read, " 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." Minutes of the December 15th meeting were reviewed and accepted with no changes.

Agenda Item 2-
Review draft letter by Michael Bender to NEWMOA.

Michael Bender distributed a draft letter to the Committee for their review. It was determined that extra time would be necessary for members to review the draft and time to receive comment back on Agency positions.

  • A meeting will be coordinated so members can attend by telephone conference call on Monday, January 24, 2000.
  • Members will be notified by e-mail for scheduling of the meeting.
  • Ric Erdheim cannot support the letter and rather than attach a letter to express his issues, he suggested that a brief statement be included in the letter to reflect his opposition.

Agenda Item 3-
Revisit recommendations regarding dental amalgam issue.

  • Michael Bender suggested a voluntary survey of the dental offices to determine where they are as far as disposal practices and quantities of amalgam stored in dental offices.
  • Peter Taylor advised the Committee that a survey had already been conducted, but agreed that the Vermont State Dental Society would be happy to work with the Agency to do some sort of follow-up survey of dentist offices sometime in the near future.
  • Any recommendations for the report would be discussed later in the meeting.

Agenda Item 4-
Discuss New Hampshire incinerator bill.

  • Rich Phillips advised the Committee that in checking the New Hampshire legislative home page, that the New Hampshire incinerator bill had apparently passed both houses.
  • Michael Bender advised the Committee that, in his conversations with New Hampshire, he was told there were still issues that needed to be resolved that would not likely be resolved. He added that a conference committee would have to agree on the issues before the bill became law.
  • Allison Crowley-Demag commented that she had spoken with Wheelabrater. She confirmed that the bill was passed but New Hampshire was waiting for the EPA to issue regulations. The bill states, according to Ms. Demag, that the New Hampshire Department of Environmental Services conduct a detailed study. The bill number is H625; however, there is no mandated upgrade at this point and she feels that other bills regarding the same issue are also in the process of being presented to the legislature.
  • Any recommendations for the report would be discussed later in the meeting.

Agenda Item 5-
Discuss status of Department of Agriculture's pilot manometer program.

  • Michael Bender advised the Committee that he spoke with the Department of Agriculture, Food and Markets and found that the proposed pilot dairy manometer replacement project to be conducted by the Department had not been endorsed by the Governor and therefore the funding for the project had not been approved.
  • Mary Sullivan was going to inquire to see if the budget had been passed. She advised the Committee if the item was not included in the Governor’s budget that there were possibilities for amending the budget.
  • Michael Bender is to draft a letter to the Legislature which is to be e-mailed to Rich Phillips for further review. Once reviewed a copy will go out to the Committee and final review of draft will be discussed at the regular meeting of the Committee in February.
  • Copies should go to Governor Dean, House Appropriations Committee, House and Senate Natural Resources and Energy Committee, Agriculture Committee and Commissioner Leon Graves.

Agenda Item 6-
Readdress fever thermometer phase-out.

Michael Bender contacted Consumer Reports and found that the last time mercury thermometers and non-mercury thermometers were evaluated and reviewed was in 1988. They expressed an openness to readdress the issue.

  • A report from EPA, Region 5 and a document from the Sustainable Hospitals - Mercury Reduction web page, both regarding Fever Thermometers were distributed to the Committee for review.
  • Committee considered suggestion to recommend funding to be allocated to Health Department to supply low income Vermonters with non-mercury thermometers.
  • Committee determined it needed more information before making a recommendation for fever thermometer phase out.

Agenda Item 7-
Review and make final recommendations on draft report to legislature.

A draft report was distributed to the Committee. Gary Gulka advised the Committee that revisions had been made from the draft which was distributed in late December. These revisions were made from comments that were received from members of the committee and notations of these revisions were indicated by strike-out on the deletions and underline on the new text.

  • Signature page will be sent to Ric Erdheim for signature and he will return with his statement of qualifications.
  • Final draft will be e-mailed to Committee members for final review with comments back for final to be distributed by end of week of January 17, 2000.

The Committee reviewed the draft report and comments and corrections were made as follows:

Executive Summary

(Legislative Initiatives)

  • Add "order is not specific as to priority" to the introduction section.

(Other Initiatives)

  • In the first recommendation add the word "strongly" before the word "supports" after "The Committee."
  • In the first recommendation add: support stop-gap and continued funding for project.
  • In the tenth recommendation add at the end, "(i.e. working in cooperation with the state to develop a survey)."

Introduction

  • Add the words, "and the Executive Branch," after the word "Legislature" in the opening statement.

Legislative History

  • No revisions in this section.

Work of the Committee in 1999

  • In the third bulleted item, the Committee suggested that the reference to the amounts of mercury estimated to be removed be more specific to include the amounts that have already been collected by schools, the management costs of collecting and the number of schools used to identify those amounts.
  • In the third bulleted item, add a footnote as to the number of schools in project.
  • In the fifth bulleted item, correct the name of the publication to read, "The Environmentally Responsible Dental Office: A Guide to Proper Waste Management in Dental Offices."
  • In the fifth bulleted item in the last sentence, add the words, "stored elemental" after the words "Collections of."
  • In the fifth bulleted item, indicate the corrected name as the "Vermont State Dental Society" in any areas which refer to the "Vermont Dental Society."
  • In the seventh bulleted item, note that the thermostat program has already started. And note that letters informing contractors will be sent out the first part of 2000. Ric Erdheim to supply information as to the number of notifications of businesses and contractors in the state of Vermont
  • In the eighth bulleted item, the first part of the paragraph will need to be researched to determine the current status of the legislation, the second part of the paragraph should stay the same.
  • Eliminate ninth bullet for Health Department fact sheet information as it is not available.
  • In the tenth bulleted item, add one sentence on the data which will be provided by Donna Barlow-Casey on the estimates as to the amount of mercury which has been collected by all districts from appliances, schools and other sources to substantiate that recovery of mercury is successful.
  • Correct Dept. to Department for consistence in document and correct the name of the Department of Health to read, "Vermont Department of Health."

Committee Findings and Recommendations

I.The extent of mercury contamination to Vermont’s soil, water and air

II. Health risks from mercury contamination in Vermont

III. Effectiveness of established programs for reducing mercury contamination

Current Status

  • In first and second paragraphs change the words "organic" to "methyl." When referencing the word methyl in the first instance place, "(organic and most toxic form of mercury)" after to clarify.
  • In third paragraph delete the sentences, "The highest levels are in walleye, small mouth bass, chain pickerel and lake trout. The lowest levels are in brown bullhead."
  • In fourth paragraph, first sentence, add the word, "certain" before the words "other products."
  • In the fifth paragraph, second sentence, add the words, "as of 1998" to the end of the sentence after the word "available."

Recommendations

  • In the fist recommendation, add the word "strongly" after "The Committee," in the first sentence. Add that the Committee supports state stop-gap funding and additional funding for continuation of the Vermont Monitoring Cooperative.

IV. Methods to minimize risk of further contamination or increased health risk

V. The potential costs for minimizing risks and how to pay for them.

Current Status

  • No revisions in this section.

Recommendations

  • Add the wording, "(i.e. working in cooperation with the state to develop a survey) onto end of eighth recommendation. Change the word "communicate" to "work."
  • Correct the name of "Vermont Dental Society" to read "Vermont State Dental Society" throughout document where noted.
  • In the ninth recommendation add the information for the Thermostat Recycling Corporation as an additional example.

VI. Ways to coordinate with other states to effectively address mercury issues

Current Status

  • No revisions in this section.

Recommendations

  • No revisions in this section

VII. Ways to reduce mercury releases from the incineration of solid wastes

Current Status

  • Revise information in first paragraph to reflect current status of law in New Hampshire.
  • In first paragraph, last sentence change sentence to read as follows: "If legislation is passed the potential cost to Vermont towns over the seven remaining years of the contract is $632,000 .
  • In second paragraph add the word "medical" after the word "municipal" in the second sentence.
  • Correct the second sentence in the second paragraph by eliminating "is responsible" and add "have been responsible."

Recommendations

  • No revisions in this section

Committee Work Plan for 2000

  • Add that the Committee will address other important issues as they develop.
  • Add that the Committee will evaluate needs for educating the health care community on mercury reduction awareness.
  • Add that the Committee will evaluate and prioritize its recommendations.
  • Include at beginning of section an overview statement which covers the executive summary recommendations, reiterating charge of Committee and how the Committee plans to address those charges and its current recommendations.

Agenda Item 8-
Discuss details for release of 2000 Report, press conference and possible coordination with date for card room.

  • Tim Scherbatskoy informed the Committee that the Advisory Committee would be sharing the card room for their presentation on January 27, 2000 at the State House with the Vermont Citizens Advisory Committee.
  • The card room will be available from 7:30 a.m. to 2:00 p.m.

Agenda Item 9-
Other topics not on agenda.

  • No additional topics were discussed.

Agenda Item 10-
Set date and agenda for next meeting

The next meeting of the Advisory Committee on Mercury Pollution is to be held on Wednesday, February 9, 2000 - 9:00-11:30 at the Burlington Municipal Waste Water Treatment Plant. The Committee determined that they would prefer to have the next meeting at the State House if possible on Thursday, February 10, 2000 or Friday, February 11, 2000 from 8:30 a.m. to 11:00 a.m. Availability will be determined and the meeting will be rescheduled for either the 10th or 11th if possible. If the State House is not available, the meeting will remain on February 9, 2000 at the previously scheduled location. Members will be notified for confirmation, and the changes, if any, will be noted on the web site.

 

   
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