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Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution
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Advisory Committee on Mercury Pollution

Meeting #24: Wednesday, December 20, 2000
Time: 9:00 a.m.- 11:30 a.m.
Location: Training Room, Department of Environmental Conservation
Waterbury State Complex, Waterbury, Vermont

MINUTES

Members Present:
Rich Phillips, Vermont Agency of Natural Resources, Environmental Assistance
Michael Bender, Abenaki Self-Help Association, Inc.
Ric Erdheim, National Electrical Manufacturers Association
Henrietta Jordan, House Natural Resources and Energy Committee
Neil Kamman, Agency of Natural Resources, Water Quality Division

Guests Present:
Milly Archer, Downs, Rachlin & Martin
Allison Crowley-Demag, New England Public Affairs Group
Julie Hackbarth, Vermont Agency of Natural Resources, Waste Management Division
Peter Holman, Vermont Association of Hospitals & Health Systems
Karen Knaebel, Vermont Agency of Natural Resources, Environmental Assistance
Gary Gulka, Vermont Agency of Natural Resources, Environmental Assistance

The Committee members and interested parties gathered in the Training Room of the Department of Environmental Conservation in the Waterbury State Complex in Waterbury, Vermont and the meeting was called to order by Rich Phillips

Agenda Item 1-
Accept minutes of the October 23rd and November 30th meetings and changes to today’s agenda.

It was agreed that the Agenda would be changed to discuss agenda item 2 first.

Minutes of the October 23, 2000 meeting were corrected on Page 5 in Section 6 under the conclusive remarks of the section to added the words "as noted above." With no additional changes made, the minutes are approved.

Minutes of the November 30, 2000 meeting were corrected on Page 5 in Section 2 under the conclusive remarks of the EIA remarks by removing the words "Consensus in" and replace with "Majority of the." With no additional changes made, the minutes are approved.

Agenda Item 2-
Discuss final modifications to draft legislation.

Section 11 - Hospital Mercury Reduction Plan:

Rich Phillips gave the Committee some background information regarding regional activities. The regional model has a certificate of analysis that must be provided by the manufacturers to hospitals. Massachusetts MWRA established a 1 part per billion limit in discharges. MASCO decided to prompt the portion of the legislation that dealt with manufacturers supplying MSDS sheets on products for mercury content. It may be more important for hospitals to have a plan to reduce mercury; however, the hospitals need the data for the plan and its implementation. A meeting in Massachusetts brought together manufacturers of soaps and detergent manufacturers, where mercury is in the products as trace amounts. MWRA will be negotiating with manufacturers to decide what types of programs could be developed to supply the necessary information to hospitals.

Peter Holman who is the Vice President for Planning and Regulatory Affairs of the Vermont Association of Hospitals and Health Systems presented his concerns on the proposed legislation. Mr. Holman advised the Committee that the Association was clearly committed to reducing mercury to the extent feasible. His comments were as follows:

  • Issue of wording regarding the expectations of hospitals - Section 11 – Each hospital and its "affiliated health care systems" – more appropriate wording could read, "related healthcare services that are owned or controlled by the hospital."
    • This would fix the responsibility on the appropriate entity.
    • Does this include doctor’s offices associated with hospitals?
    • Physicians may be on the medical staff of a hospital but do not have ownership.
    • Is this an effort to cover operations at the hospitals and on its grounds?
    • Concern for the ability of hospitals to identify products that contain mercury.
      • Identification by manufacturer’s product label?
      • Identification by Agency of Natural Resources?

Committee’s comments on Section 11:

  • Would the term "satellite facilities" be the reference to capture ownership or control?
  • Issue is one of management control – a hospital might not be able to create a plan for an entity over which they have no control.
  • Would a related healthcare service be subject to what a hospital has proposed in their plan?
  • Relationships between hospital and healthcare service/doctor vary – this issue is related to control.
  • There needs to be clarification of who needs to complete the plan and who implements it.
  • What about long term health facilities (LTC)? Peter Holman advised that there are currently 54 in the state and 18 are affiliated with hospitals. LTC facilities have various levels of relationships with hospitals but are organizationally independent.
  • Committee to determine the intent of legislation for separate medical practices under the direction of doctors.
  • There are already a number of Vermont hospitals that have taken a hospital mercury reduction pledge through EPA’s mercury challenge program. The National Wildlife Federation has extensive lists of products for identification. The formulated product list is more difficult to obtain.
  • There has been some testing for formulated products in the area of chemicals. Legislation needs to be structured in a way to determine how to complete the plan concerning formulated mercury-added products.

Section 9 – Disposal Ban:

  • Suggestion to remove the last sentence from (i) as it is a restatement of a law that already exists.

Section 2 – Findings:

  • Suggestion to expand finding "j" to include the wording "Attainment of this goal is essential to the health of Vermont’s people and environment and the leadership of the Agency of Natural Resources is critical for goal attainment."
  • Suggestion to add to finding "k" the wording, "The development of similar systems (based on manufacturer responsibility) for additional mercury-added products, should be pursued under the leadership of the Agency of Natural Resources.

Section 5 – Notification:

  • Subsection "e" – without an Interstate Clearinghouse in place it is difficult to determine how confidentiality issues will be addressed.
  • Suggestion to remove the word "confidential" from the first sentence in subsection "e" and remove all wording after the first sentence.
  • Suggestion to change subsection "f" to better clarify intent by adding the words "manufacturers of" in the first sentence after the words "of this Act, all."
  • Suggestion to remove "manufacturers (excluding those manufacturers . . components)" and replacing those words with, "(except those product which incorporate only mercury-added components)."

Section 6 – Restrictions on the Sale of Certain Mercury-Added Products:

  • Suggestion to provide wording in subsection to Peter Taylor of the Vermont State Dental Society to review for input.
  • Subsection "d" was rewritten as requested by the Department of Agriculture, Food and Markets.

Section 7 – Phase-out and Exemptions:

  • Suggestion in subsection "g" add wording in (3) after "ensure that a system exists" to read "by providing the necessary funding and agreements."
  • Suggestion to add wording in subsection "h" after "(a) it finds that a" to read "manufacturer funded."

Section 13 – Public Education and Outreach:

  • Suggestion to include education and outreach regarding consumption of fresh and salt-water fish.
  • Suggestion to include information on products that contain mercury but are environmentally beneficial.

Peter Holman will work on language and submit to Rich Phillips regarding the concerns in Section 11.

Rich Phillips will revise the draft based on the comments in the minutes and will e-mail the final draft to the Committee. The Committee will respond no later than Friday and information for a final document will be based on the majority response.

Henrietta Jordan will introduce the Committee’s Bill to the House Natural Resources and Energy Committee.

Agenda Item 3-
Review draft outline of "January 2001" report to legislature.

Gary Gulka presented a suggested outline for the Committee’s 2001 report to include the following sections:

  • Executive Summary

    Comments:

    • Focus on high points
    • Section should include bulk of information in the report.
    • Suggestion to bullet this section and include graphics.
    • Suggestion to make readable in 8-10 minutes with less text.
  • Introduction
  • Legislative History

    • Comments:

    • Seven charges could be listed here.
  • Work of the Committee in 2000

    • Comments:

    • Mercury Legislation Recommendations – include current legislation content summary and resource implications with actual copy of proposed legislation in the appendix.
    • Include status of the current labeling law.
    • Include statistics of number of schools and mercury collected for the School Clean Out project.
    • Request for Bill Bress to report on initiatives of the Health Department to be included.
    • Request to add an item regarding status of mercury in hospitals projects.
    • Suggestion to highlight pharmacy pledge and thermometer exchange. Report as a work in progress and relate to ban on fever thermometers in proposed legislation.
    • Neil Kamman to draft information on joint New Hampshire and Vermont fish and lake monitoring project.
    • Include dental amalgam. Currently the Agency is reviewing survey questions with Peter Taylor of the Vermont State Dental Society.
    • Suggestion to include detail of the coordination with other states in the effort to maintain legislative consistency.
    • Mercury Education and Reduction Efforts – Suggestion to include details of Solid Waste District efforts and their individual activities.
    • Suggestion to include Committee’s State House card room event – Governor has agreed to hold a press conference on the same date.
    • Suggestion to include information on salt-water fish advisories and information regarding the Health Department’s brochures for pregnant women.
  • Committee Work Plan (suggested)
    • Suggestion to review existing environmental monitoring data including data collected by Tim Scherbatskoy, Neil Kamman and the state’s Air Pollution Control Division.
    • Mercury Inventory:
      • Suggestion to complete a mercury inventory on the regional level, report on compiled inventory in the New England area, use current models and projections.
      • Suggestion for the ACMP to examine inventory in Vermont to determine progress.
      • Important to have basis for focusing on priorities - using an inventory is invaluable in making such determinations.
      • Should the data be maintained in order to participate in regional reports?
      • Suggestion to evaluate the ability to establish a Vermont mercury inventory.
      • Suggestion to focus on Vermont’s emissions and sludge.
      • Suggestion to collaborate with New York committees on a joint effort regarding Lake Champlain.
      • Suggestion to take a direct aim on acid rain.
    • Dental Amalgam:
      • Suggestion to focus on wastewater discharges.
      • Discharge information is included in a survey that is being drafted by the Vermont State Dental Society and the Agency.
      • Suggestion to review and evaluate the next measures to be taken regarding amalgam.
      • Suggestion that voluntary amalgam reduction programs be established.
    • Product Stewardship:
      • Suggestion to keep track of product stewardship initiatives for mercury-added products coordinated through Massachusetts Office of Environmental Affairs.
    • Education and Information Efforts:
      • Agency plans to consider auto salvage yard training, employee thermometer exchanges and appliance training manuals.
      • New version of bill clearly makes the Agency responsible – concern that there will be no funding for necessary additional positions.
    • Improving Outreach to Sensitive Populations:
      • Suggestion to combine outline item #6 - improve outreach to sensitive populations with item #5 –evaluate education and reduction efforts.
      • Suggestion to promote to sensitive populations using radio spots.
    • Review incinerator emissions issues:
      • Facility in Claremont is moving toward upgrade to install carbon absorption process. New Hampshire is going to an .028 standard.
      • Suggestion to review mercury water quality emission standards.
      • Suggestion to research existing standards
  • Recommendations

    • Comments:

  • Suggestion to include proposed legislation as bulleted outline of what the legislation achieves.
  • Suggestion to include information as to how proposed legislation has been changed from the model legislation.
  • Suggestion to eliminate a separate section for recommendations.

General Comments on Report:

  • Suggestion to include more graphics.
  • Suggestion to include general information on mercury toxicity and health effects.
  • Suggestion to create two reports, one which is very detailed for the legislature and one that includes bulleted facts.
  • Determine who could be potential audiences.
  • Highlight health advisory and concern for pregnant women.
  • Suggestion to include a photo of a child fishing to promote an emotional impact - such as "she can catch it, but she can’t eat it."
  • Touch on import issues such as schools and chemicals – dairy manometers.
  • Suggestion to have the draft read by someone outside the Committee for readability.
  • Suggestion to place a photo as a cover page.

Henrietta and Michael will work with Gary Gulka regarding different ways to present the report. Gary Gulka will draft the report for the Committee’s review at its next meeting.

Agenda Item 4-
Other topics not on agenda

No other items at this time.

Agenda Item 5-
Set date and agenda for next meeting

The next meeting of the Advisory Committee on Mercury Pollution is to be held on Friday, January 19, 2001 from 9:00 a.m. to 11:30 p.m. The meeting will be held in the Training Room of the Department of Environmental Conservation in the Waterbury State Complex in Waterbury, Vermont.

 

    
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