MERC Vermont | Advisory Committee on Mercury Pollution Meeting Minutes

Advisory Committee on Mercury Pollution

Meeting #36: Thursday, February 14, 2002
Time: 12:30 p.m. - 2:30 p.m.
Location: Ethan Allen Room
State House, Montpelier, Vermont

MINUTES

Members Present:
Michael Bender, Abenaki Self-Help Association, Inc.
William Bress, Vermont Department of Health
Mary Canales, School of Nursing, University of Vermont
Ric Erdheim, National Electrical Manufacturers Association
Richard McCormack, Senate Natural Resources and Energy Committee
Rich Phillips, Agency of Natural Resources, Environmental Assistance Division

Guests Present:
Susanne Miller, Vermont Public Interest Research Group
Megan E. Mulry, Downs, Rachlin & Martin
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 Ethan Allen Room of the Vermont State House in Montpelier, Vermont. The meeting was called to order by Rich Phillips.

Agenda Item 1-
Accept minutes of the December 11^th and January 11^thmeetings and changes to today’s agenda.

The December 11, 2001 minutes were reviewed and approved as written.
The January 11, 2002 minutes were reviewed and approved with the following changes requested by Neil Kamman with comments submitted by E-mail: Page 3, 4^th bullet under section 3 under Agenda Item #3 – after the words "more information" change the remainder of the sentence to read "to determine whether this is a worthwhile issue to raise.

Agenda Item 2-
Update on progress regarding Fish Advisory postings.

Rich Phillips advised the Committee that he attended a meeting with Neil Kamman, and Eric Palmer and John Hall from Fish and Wildlife. The group worked out schedules to get the fish advisories posted next year. They agreed to post the actual fish advisories and work on improving the language in the fishing guide. They are considering types of paper and noted that most fishing access boards currently have a small overhang to protect what is on the board. In the spring Water Quality staff will be going out just after the ice out and game wardens will finish the job. Unfortunately, there may be a possibility that everything will not get posted before fishing season. Once the advisories have been drafted, Mr. Phillips told the Committee that the draft documents would be presented to Mr. Bress, Mr. Bender and others before the draft is returned to John Hall from Fish and Wildlife for a final review.
Bill Bress noted that this year’s fish advisory data would remain the same – generally the Health Department is unable to obtain the information from the lab and produce the advisories in adequate advance time. However, this year the advisories would not change and therefore, the time delay would not create a problem in these postings.
Mr. Phillips added that he realized that the fish advisory postings would have to be periodically updated and he recognized the effort it would require to maintain the postings. Mr. Phillips said that this effort would continue to have the full support of the Committee. He also advised that the Environmental Assistance Division had considered assisting this funding effort as a part of its mercury outreach program.
Question as to whether Travel and Tourism would be informed to see if they had any comments about the postings. It was noted that the information that would be posted would be something that already exists; however, it may be a good idea to keep Travel and Tourism apprised of the posting efforts.
Mr. Bender added that there was some confusion as to a meeting which was set to review this topic and some members were invited to a parallel meeting and were unable to attend. His hope was that similar legislative efforts were also in place. Mr. Bender believed that an Agency should be in charge of the advisory posting issue. Clearly, he added, this would fit under the purview of the Department of Fish and Wildlife. There was legislation last year and it may be moved forward this year. Mr. Bender feels that the project would be more sustainable if more could be placed in statute. He stated that he would like to involve other environmental groups and children’s groups that are interested in the issue. He suggested a web site for fish postings to enhance the message. Suzanne from VPIRG added that the legislation would focus on boat landing postings and information provided at retail establishments that sell fishing licenses.
Mr. Phillips stated the current work with Fish and Wildlife to post the advisories was something that could be readily accomplished without the necessity for legislation and he would not like to hold up current progress to wait for legislation to mandate something that is within the reach of the Departments.

Agenda Item 3-
Prioritize work plan for 2002.

Items listed in the Committee’s 2002 work plan are as follows:

Continue to provide testimony and information to legislative committees on proposed mercury legislation.

Comments

Committee commented that testimony was being provided and additional testimony would be made available whenever requested.

Continue to review environmental monitoring data, studies, and environmental research initiatives (state, regional and national) on all aspects of mercury contamination in air, soils, water, and biota to gain a better understanding of the ecological and human health risks in Vermont.

Comments

Suggestion that Neil continue to follow up on progress of monitoring studies within his role at the Agency and to report back to the Committee with any significant information.

Concern that there are no resources for any additional studies.

Provide comment and review on revisions and enhancements to Vermont DEC’s Mercury Emissions inventory (prepared by the Air Division) and the regional emission inventory to be prepared by the NEG/ECP Task Force.

Comments

Inventory is an Agency initiative and will more than likely be updated in 2002.

Suggestion to follow progress of the Air Division and report back to the Committee at the end of the year.

Review, comment and advise on mercury education and reduction efforts of the Departments of Health and Environmental Conservation, Solid Waste Districts and municipalities, and other private and non-profit organizations to reduce mercury release and exposure.

Comments

Agency has some ongoing efforts established and should report back to the Committee on the progress of these efforts.

Oversee outreach and education efforts by the Department of Health and Agency of Natural Resources on consumption of both recreational and commercial fish that are contaminated with mercury (particularly to sensitive populations and those consuming large quantities of fish). Identify and provide recommendations on ways to strengthen outreach and education.

Comments

Suggestion to focus on not only fish consumption exposure but instead to all major exposures.

Suggestion that Committee should be informed on what plans are being developed to promote awareness for health concerns of sensitive populations and then the Committee could provide suggestions for primary areas of focus.

Question as to the availability of the brochures printed by the Health Department (Mercury in Fish) and where they have been distributed.

Bill Bress provided contact names to obtain distribution information of the brochures.

Suggestion to coordinate Health Department efforts with Department of Environmental Conservation for reprint and distribution of brochures.

Question as to further printing on saltwater fish advisories. Problem is with funding for printing.

Committee agreed to allocate agenda time for the next two Advisory meetings to discuss and generate ideas on potential education and sensitive population initiatives.

Suggestion to form a sub-committee to evaluate potential outreach efforts and report back to the Committee. Suggestion to include Health Department representatives.

Suggestion that Bill Bress encourage Health Department staff to participate in such a sub-committee and stress its importance.

Question as to the Abenaki’s potential interest in being involved in outreach programs. Suggestion that the best method to access this interest would be to talk with the Abenaki in person in St. Johnsbury.

Suggestion to contact Lorraine Landers(Abenaki), Director of the Dawnland Center in St. Johnsbury who deals with health issues and health promotion.

Suggestion that Michael contact Swanton Abenaki to request their ideas for the promotion of health regarding fish consumption especially since concerns for the Abenaki are listed in statute.

Suggestion that the charge of the sub-committee be broad – "Improve outreach to sensitive populations" and report progress back to the committee.

Suggestion that the sub-committee meet before the next ACMP meeting in March and report back to the Advisory Committee.

Suggestion to have the sub-committee report back to the ACMP with its recommendations in May or June.

Suggestion to add "reduce mercury exposure" on to the charge of the Committee.

Suggestion that Mary, Michael, Gary and Karen are included in sub-committee.

Oversee of efforts by the Agency of Natural Resources, its Departments, and other organizations to post fish consumption advisories at all state-owned access points to waters of the state.

Comments

Suggestion that the current efforts with the Department of Fish and Wildlife continue.

Suggestion that status of legislation regarding fish postings be reported back to the Committee.

Setting aside resource issue, question as to whether the Health Department would be supportive of innovative ideas for postings at boat landings.

Current bill H.430 has been modified from last session. Towns and health officers have been removed from the bill.

Suggestion that health officers follow up by checking posting sites as they perform routine water sampling.

Review status of DEC’s efforts and those of the Vermont State Dental Society to monitor and reduce mercury use in and release from dental offices through adoption of best management practices and other initiatives. Review status of ongoing dental amalgam separator research for its potential adoption as a wastewater treatment requirement for mercury reduction.

Comments

Suggestion to invite Peter Taylor to an ACMP in June regarding the progress of dental offices.

Suggestion to request time on the agenda for the Dental Society’s annual meeting.

Continue to review the status and effectiveness of certain manufacturer-sponsored mercury product collection and take-back programs, (including provisions under H. 283 establishing advanced disposal fees to support municipal collection programs), for products such as thermostats, batteries, and medical products. Evaluate and make recommendations on NEWMOA model legislation section 10 addressing manufacturer-sponsored collection systems for discarded mercury-added products. Also review effectiveness of collection programs sponsored by the state and municipalities for products such as lamps, motor vehicles switches, appliance switches, electronic products and dairy manometers.

Comments

Suggestion to review H283 at the March meeting.

Question as to the extent of review of Section 10 of the model legislation by the CPR Committee. It was determined that the CPR committee only reviewed current Vermont collection systems.

Suggestion that the Committee continue to review manufacturer take-back programs

Concern that Section 10 was removed from S.91 with the idea of rereviewing the collection system section in the work of the Committee in 2002.

Suggestion to prioritize the content of Section 10 and realize H283 as a potential part of the collection system section.

Concern that the effectiveness of collection programs depends on funding to pay for the programs. Suggestion to determine number of people and resources necessary to implement programs.

Suggestion that EAD staff put together as much information as possible on existing programs and report back for a full discussion at the ACMP in September.

Working in conjunction with the Dept. of Agriculture, Food and Markets to obtain funding sources for completing replacement and removal of the remaining mercury dairy manometers at working and non-working farms throughout the state.

Comments

Suggestion to wait for a response to the draft letter regarding the manometer program and determine next steps. (See Agenda Item 4)

Support residential and business access in small rural municipalities and solid waste districts to permanent regional collection programs. Promote collaboration between the districts and municipalities to provide adequate ongoing disposal/recycling options for mercury-containing wastes and other hazardous wastes. Seek assistance from the Hazardous Waste Network of municipal solid waste districts, alliances and municipalities in evaluating potential opportunities to improve access to collection programs.

Comments

Suggestion to ask the Hazardous Waste Network to include on their next meeting agenda.

Evaluate status of mercury reduction efforts at hospitals and health care facilities in Vermont and advise on voluntary and regulatory strategies that can be used to reduce mercury use. Meet with the Vermont Association of Hospitals and Health Care Systems and other health care representatives to identify mercury reduction opportunities.

Comments

Suggestion to review: 1)Proposed legislation, 2)Voluntary efforts, 3)Direction of current efforts and 4)Accomplishments of other states.

Review H. 283 provisions that would require pre-sorting of mercury-added products in any municipality that sends solid waste to municipal solid waste incinerators. Review existing statutes in 10 V.S.A. Section 6605g on incinerator emissions. Provide information and recommendations to legislative committees.

Comments

Rich Phillips will make an evaluation of 6605g and report back to the Committee in September or October.

Suggestion that review of 6605g would not be necessary for the entire Committee. Mr. Phillips will meet with staff from Solid Waste and Air Divisions of the Department.

Suggestions to include additional work plan items:

Regarding an item in the Committee’s recommendation: "Establish a program to promote the sale and use of non-mercury-added Energy Star thermostats, and to encourage proper collection and management of these mercury added thermostats taken out of service.

Comments

Suggestion that the Agency work with Ric Erdheim to determine how collection rates can be increased in Vermont.

Mr. Erdheim stated that, "Vermont had the most comprehensive wholesale outlets in the country; the next issue is working with contractors."

Michael Bender asked Mr. Erdheim if TRC would be open to recommendations to increase the capture rate. Mr. Erdheim stated that they were always willing to discuss recommendations.

Concern that there may be a need for additional resources to promote the program.

Suggestion that it would be helpful to increase the funding in TRC to get more staff on board like the RBRC program. Comment that RBRC is a significantly larger organization.

Suggestion to set aside the August meeting to discuss promoting Energy Star thermostats.

Suggestion to collaborate with Efficiency Vermont and Public Service to promote sale of Energy Star in concert with existing programs. Suggestion to bring in people from Efficiency Vermont.

Suggestion to contact Honeywell to determine if they might have any promotional materials promoting digital thermostats in light of the press release which addressed Honeywell’s potential phase out of mercury thermostats. Ric Erdheim stated that the Honeywell phase out information was incorrect.

Suggestion that Mr. Erdheim contact Honeywell to determine if they had any brochures or literature promoting digital thermostats.

Mr. Erdheim stated that programmable thermostats are more energy efficient if properly used but the fact is that most people do not use them correctly.

Address the Committee’s recommendation: "The Committee supports the continued efforts to remove mercury switches from the state vehicle fleet."

Comments

Assuming that switches are dealt with as a significant source, suggestion to evaluate what types of processes would yield the highest percentage of switches.

Concern that legislative requirement to remove switches would not succeed in removing all switches removed.

Suggestion that this section should be included in the discussion in September on collection programs.

Michael Bender advised he would provide an update from the Great Lakes Pollution Prevention Roundtable he is attending on February 27, 2002 in Chicago.

Michael Bender advised the Committee that he was considering forming a work group to study options for education regarding auto switches. Suggestion to have a Michael Bender present the findings of the work group in a May ACMP meeting.

Agenda Item 4-
Other topics not on agenda.

Senator McCormack gave the Committee a brief update on S.91. Senator McCormack told the Committee that S.91 was brought back to the Senate Natural Resources Committee out of Senate Appropriations. He felt the bill was bogged down in Appropriations and the plan was to delete appropriations from the bill and get the bill on the floor for a vote. The entire bill, at this point, is being renegotiated. The Senate Committee is hearing concerns from IBM which are realistic and other concerns from white goods retailers. He feels that the recent new testimonies may be an intention to kill the bill with delays. Senator McCormack says he is still hoping to get the bill out of Committee next week and move to the floor.

A draft letter was presented to the Committee to invite the current director of the Vermont Association of Hospitals and Health Care Systems to the March meeting of the Committee. The Agency realizes that many hospitals in the state are moving toward mercury reduction. Hospitals may be one of the larger sources left that have not been fully addressed in reduction activities.

Suggestion to try to get the hospitals to quantify their reduction activities and determine if they are tracking quantities of mercury they are reducing.
Concern that someone from the Association would be able to update the Committee on the status of all hospitals.
Suggestion that EAD contact the Hospital Association prior to the Committee’s March meeting to outline what issues should be addressed.
Suggestion to contact Hollie Shaner to attend the meeting with the Hospital Association.
Suggestion to research other states’ hospital reduction activities.
Suggestion to form a sub-Committee to determine potential methods for assisting hospitals in reduction efforts.

A draft letter was presented to the Committee for review addressed to Peter Taylor of the Vermont State Dental Society addressing two issues: 1) How many dental offices are not on municipal waste systems, 2) Information on the dental offices that already have amalgam separators.

The Best Management Practices (BMP) Procedure is currently in internal review by the Department of Environmental Conservation.
S.91 includes language, which requires adoption of BMPs – the current BMP procedure is a voluntary approach to the requirements in S.91.
Suggestion that there may be less risk if the drains discharge into a municipal system.
Concern that in a municipal system the waste goes into sludge, which is land applied and adds to the burden and may be no less of a risk than a system using a leaching field and well.
Although the Dental Society has agreed to include amalgam separators in the BMP procedures at a later date, there is still concern of mercury pollution that will remain in the pipes after a separator is installed.
Suggestion to obtain study from Environment Canada regarding pipes in dental offices being viewed as toxic waste. Michael Bender will attempt to obtain a copy of the report to distribute to the Committee for further review.
Suggestion that a third item be added in the letter to include a request for the Dental Society to track quantities of amalgam that is recycled to determine if there is a reduction of amalgam use in dentist offices. Nationally, the Bureau of mines has not tracked the flow of use since 1995.
Suggestion that the quantity used be obtained in future Dental Society surveys. Uncertainty as to the frequency of the Society’s survey, but there was a significant use reduction between the first survey and the second.
Suggestion to first concentrate efforts on getting the BMP Procedures signed and outreach to dentists.
Suggestion to set up through Peter Taylor a time slot for the Agency to present at the Dental Society’s meeting in the fall.

The Committee was presented with a letter from Commissioner Leon Graves from the Department of Agriculture Food and Markets. Essentially the letter states that there are 50-60 dairy manometers that have not been collected.

Concern that this effort is not included in the Department of Agriculture’s Budget.
Remaining manometers are outside of the Basin.
Agency might have been able to assist at an earlier time through the Solid Waste Management Assistance Funds; however, those funds are currently not available.
Committee agreed that this was still an important project that needed to be funded.
Suggestion that Agency staff attempt to locate grant fund sources.
Suggestion that legislators should be educated on this lack of funding.
Suggestion for Rich Phillips to draft a letter to appropriations, natural resources committees, agriculture committee (cc: Graves) and attach a copy of Commissioner Graves’ letter to the Advisory Committee.
Suggestion to split the request for funding over a longer period of time.
Suggestion that $24,000 should be easily obtainable.
Suggestion to identify if there are any funds available through the Department of Environmental Conservation enforcement actions for hazardous or toxic waste penalties.

Announcement of upcoming Mercury Retirement Conference sponsored by NEWMOA on May 1-3, 2002 to be held in Boston. This Conference focuses on the many aspects for end of life options for mercury.

Concern of reports to close down many chlor alkali plants in 2010 and what can be done with the mercury as a result of those plants closing.

The Committee was reminded that there was an item on the previous years agenda to provide an update to the Governor mid-June to apprise him on the current mercury efforts. The Committee did not consider this a necessary item for 2002.

Suggestion to reduce the amount of detail in the minutes to lighten the load for the administrative staff of the Committee.

Rich Phillips advised that EAD has received telephone calls today from the Maryland Department. Mr. Phillips was concerned that testimony received in Maryland by Ric Erdheim stating that there were no labeling requirements in any state at this point. Mr. Phillips stated that the Vermont law is in effect and there is a labeling law in the state and that there was also a requirement to label lamps. Mr. Erdheim stated that there is a stay on the labeling of lamps in that the mere filing of a motion in and of itself is a stay. Mr. Erdheim added that it was very clear that the sponsor of the bill was very confused.

Agenda Item 5-
Set date and agenda for next meeting.

The next meeting of the Advisory Committee on Mercury Pollution is tentatively set for Monday, March 25, 2002 in the afternoon according to availability of the Ethan Allen Room at the State House in Montpelier. Meeting date and time will be E-mailed to members and interested parties.


		Vermont Agency of Natural Resources Advisory Committee on Mercury Pollution