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Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

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Advisory Committee on Mercury Pollution

Meeting #37: Monday, March 25, 2002
Time: 12:30 p.m. - 3:00 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
Ric Erdheim, National Electrical Manufacturers Association
Richard McCormack, Senate Natural Resources and Energy Committee

Guests Present:
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 Gary Gulka in Rich Phillips' absence..

Agenda Item 1-
Accept minutes of the February 14th meeting and changes to today’s agenda.

The minutes were reviewed and approved as written.

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

Neil Kamman updated the Committee advising that he, Rich Phillips and Fish and Wildlife agreed on the content of a companion document that could be posted along side of the Department of Health’s Fish advisories. The document contains two paragraphs regarding mercury in the environment and health effects and three misconceptions about fish consumption, which were taken out of the existing fishing guide. It is anticipated that 200-300 advisories together with this document will be posted this spring.

Agenda Item 3-
Update from Michael Bender regarding Great Lakes Pollution Prevention Roundtable.

Mr. Bender stated that the scrap recycling industry is not totally in favor of Vermont’s bill related to auto switches. An effort was made to include something in the bill for a study related to manufacturer responsibility.

There are a number of groups that got together to form the "Clean Car Campaign." Mostly they are interested in eliminating the use of mercury in autos and addressing the amount of mercury existing in the fleet of vehicles on the road (250 million), which contain two hundred metric tons of mercury. In the meeting in Chicago, there was an interest in forming a national or bi-national group. A survey will be sent out to each state and the provinces to gather information regarding current programs, permitting, and legislation. Once this information is compiled it will be placed on the EPA web site. Manufacturers, auto recyclers, scrap yards and steel mills will be invited to the next meeting. EPA Region V study to determine the most cost effective way to get the highest capture rate and to determine reciprocity between the states.

  • Question as to whether mercury switch phase-out will occur by 2003 model year.
  • Suggestion to schedule a time to include Greg Dana at an Advisory meeting.

Gary Gulka updated the Committee on the progress of replacing mercury convenience light switches in the state fleet. Nearly all of the DEC vehicles have been switched out and Forests and Parks, and Fish and Wildlife vehicles are started (Essex garage is completing). The Agency of Transportation has agreed to replace switches in their fleet; Public Safety was very receptive and the switches in those vehicles will be removed prior to auction. EAD will also be removing switches at the next state auction of state vehicles. Mr. Gulka stated that the state agencies have been very cooperative. He added that about one in every three or four vehicles that have been checked from the state fleet contain a mercury switch. Once the mercury switch is removed and replaced with a non-mercury switch, the vehicle is labeled inside the doorpost so it will be easily identifiable later when the vehicle goes to auction that the switch has already been removed.

Agenda Item 4-
Discussion of manometer replacement program.

The original manometer replacement program for replacement of 84 mercury dairy manometers was funded by a grant from the Lake Champlain Basin Program. This program was a cooperative effort with the Department of Agriculture, Food and Markets and the Northwest Solid Waste Management District with matching funds from DEC. Mike Loner, from the District, recently advised that funding would be sought through an EPA grant which fits well with the work that is left to be done statewide on the Manometer Replacement Program. The grant proposal would be sent sometime in April with a May 1st deadline. The response is expected about mid-June and if favorable work could start in July. The Manometer Replacement Program representatives are optimistic and are currently seeking the assistance of other state Solid Waste Districts to help with recycling of the mercury.

Agenda Item 5-
Update on H.283 (incinerator emissions-advance disposal fees).

This item is will be reviewed at the next Advisory meeting.

Agenda Item 6-
Update - Mercury Strategies for Sensitive Populations Outreach Committee (MsSPOC).

Karen Knaebel advised the Committee that the first meeting of the Advisory Committee’s sub-committee on sensitive populations was held on March 19, 2002. The next meeting is set for April 11, 2002 from 8:30 to 10:00 a.m. and the location was still to be determined. Those attending the first meeting were Mary Canales; Karen Knaebel; Eileen Girlin of the Vermont Department of Health, Community Health; Sally Kerschner, Vermont Department of Health, Maternal Child Health; and Frances L. Keeler, Director of Education, Vermont State Nurses’ Association. The Committee determined four target audiences to get the word out about mercury and fish consumption to sensitive populations:

  • Pregnant women/women of childbearing age/nursing mothers
  • Low income families
  • Health care professionals
  • Populations that consume large quantities of fish (Cultural)

The Committee plans to use the next meeting to invite contacts to explore existing avenues to inform health care professionals. The Committee plans to develop a message for consumers of fish and a message for professionals to concentrate on specific areas of focus according to these audiences.

The sub-committee has titled the committee, Mercury Strategies for Sensitive Populations Outreach Committee "Ms SPOC."

Committee Comments:

The Advisory Committee commented that there was a lack of data specific to instances in Vermont of mercury contamination due to fish consumption. Dr. Bress commented that mercury poisoning from mercury could be determined by hair samples but it was not as easy as lead poisoning. With lead poisoning you can tie blood lead to toxic effects but this is not the case for mercury. There is no correlation between mercury in hair and blood mercury levels; therefore, there is a built in uncertainty factor. There is a buffer area in the fish advisories where people consume above the level and below the level suggested. Even in that gray zone a child can have definite neurological effects. The nature of mercury is that it is toxic in very small doses, but the general public wants numbers – how many people – and the Department of Health does not have that. We might have a lot of children with problems, no one can dispute that, but we cannot zero in and state definite numbers. Michael Bender told the Committee that the hesitancy to state mercury poisoning facts has been in debate for over 10 years. There is an EPA report on how much people are exposed and what the effects are – should we wait until harm or take precautionary steps to prevent? This report states that at least one in ten women have levels above what EPA considers safe.

Dr. Bress stated that he had recently given a lecture to a senior nursing class and there was interest in the subject and it was not an area that they were completely familiar with. The Committee agreed that getting the word out to health care professionals was essential.

The Committee discussed various methods to inform the public and health care professionals:

  • Brochures already printed by the Department of Health
    • Grant funds for additional printing
    • Photocopy for distribution
  • Posters
    • Develop specific language for posting in doctor offices, WIC offices, etc.
    • Poster being developed by Maine through the EPA, which has pictures of individual fish and mercury levels.
  • Fact Sheets

The Committee determined that the biggest challenge with developing a poster would be the determination of nutritional benefits in connection with fish consumption advisories - when is it OK? What kind of fish? Should tuna be included? There was concern that the Commodity Supplemental Food Program already supplies tuna to nursing mothers. There was some question as to how much tuna they received through the program and were warnings given on the amount of turn that should be consumed.

Gary Gulka advised the Committee that during a workshop on behavioral change he noted that the question was "How do you get people to change behavior?" What tools would you use? State Government commonly uses brochures as a means to inform the public, but is that the best tool? What would you want sensitive populations to be aware of and what behavior do you want to change? What does it take to make that happen? We are sometimes flooded with information. What are the barriers to changing behavior? Some populations may receive the information on limiting fish consumption and not have enough money to buy something better. We need to find out what the barriers are. Sometimes the prompt to change behavior needs to be closest to the behavior. For instance you may find the better place to inform the sensitive population may be at point of purchase of the fish or the fishing access area.

  • Suggestion that there needed to be a determination as to which areas are more likely to be effective and make it a program that was ongoing.
  • Suggestion to focus information at the pregnancy phase and getting the word out through those who come in contact with the women during pregnancy
  • Suggestion to have Governor Dean do a PSA
  • Suggestion to explore foundation and grant sources
  • Suggestion to do a pilot project
  • Suggestion to develop different types of fact sheets to address different audiences
  • Suggestion to get more specific as to type of fish including fish bought in stores
  • Suggestion for action steps:
    • Obtain the fish poster from Maine and e-mail out to Committee
    • E-mail location of Vermont’s fish advisories to Committee
    • Use EPA’s approach for more definition for information to women including specific fish types (shark, tile fish, mackerel) and specific limits (6 oz per week).
  • Suggestion to present at a Department of Health, Division Director’s meeting.
  • Suggestion to keep track for other fish listed in the EPA report to congress.

Agenda Item 7-
Update on hospital mercury reduction.

Initially the Committee sent a letter out to VAHHS to invite the Director to attend an Advisory meeting. It was not convenient for them to attend this meeting, however, Gary and Karen met with the Director, Bea Grause and Peter Holman at the Hospital Association. H.14 has a section on mandatory reduction plans for hospitals. We all felt that hospitals should move forward in their efforts whether or not there was legislation to mandate the process. After discussion, we felt it might be plausible to initiate a pledge program. There are existing programs that focus both on mercury and solid waste reduction in hospitals. It was agreed in this initial meeting that EAD would draft a letter to the director to present at their next board meeting in April. This board meeting is comprised of hospital CEOs around the state. EAD is also hoping that others might join their efforts to increase awareness and reduce mercury in hospitals, nursing homes, clinics and doctor’s offices.

Agenda Item 8-
Update on current and planned Mercury Education and Reduction Initiatives.

The following was presented to the Committee as an update to current progress and potential future activities:

APPLIANCE PROGRAMS

Accomplishments

Future Efforts

3 Regional Training Sessions

Voluntary efforts w/ appliance dealers, plumbing/heating?

Appliance Training Manual

 

DENTAL PROGRAMS

Accomplishments

Future Efforts

Removed over 100 pounds of mercury from dental offices.

Amalgam separator research for potential inclusion into BMP procedure.

Developed BMP Procedures.

Present at Dental Society's annual meeting.

FLEET (Switch) PROGRAMS

Accomplishments

Future Efforts

Removed & replaced DEC fleet.

Remove switches from all state vehicles prior to auction.

Set up & train Forest & Parks, Fish & Wildlife, and Agency of Transportation for ongoing switch removal when vehicles are serviced.

Set up and train Department of Public Safety vehicles.

HOSPITAL PROGRAMS

Accomplishments

Future Efforts

Met with health care professionals from VAHHS, Central Vermont Hospital, Copley Hospital and Fletcher Allen Hospital for input on methods to increase mercury reduction in hospitals.

Possible pledge program to promote alternatives and reduced mercury use, inventory for existing products and to develop a plan for mercury reduction by a date certain.

Survey of 9 of 16 Vermont hospitals on mercury use and assistance needs.

Regional training sessions on available alternatives, disposal and spill clean up.

Set up display at annual Hospital Association's meeting.

Web page specific to hospital needs - including links to existing resources.

Provided on-site assistance at Guilford Hospital.

 

Investigated use of digital thermometers in hospital birthing areas and willingness to provide brochures and digital thermometers in new baby packets.

 

Presented at Lab Manager's Association meeting.

 

MANOMETER PROGRAMS

Accomplishments

Future Efforts

84 manometers replaced.

50-60 remaining manometers.

41 pounds of mercury collected.

Seeking funding to complete exchanges.

PLEDGE PROGRAMS

Accomplishments

Future Efforts

114 of 119 Vermont pharmacies pledged to discontinue the sale of mercury fever thermometers.

Thermostat Pledge Program.

250 Vermont grocers pledged to discontinue the sale of mercury fever thermometers.

Hospital Pledge Program.

SALVAGE YARD PROGRAMS

Accomplishments

Future Efforts

4 Pilot Projects.

Follow up April & May with Pilot Yards.

Trained slvage yard staff from 4 yards and removed 450 switches from existing salvaged vehicles.

Potential future training.

 

Voluntary removal programs for salvage yards.

SCHOOL CLEAN-OUT PROGRAM

Accomplishments

Future Efforts

83 schools participated.

Pomote micro scale chemistry training.

156 pounds of mercury collected.

Continued one-on-one technical assistance.

School developed lab chemical management plans.

 

SENSITIVE POPULATIONS PROGRAM

Accomplishments

Future Efforts

Dept. of Health Community Health District Offices distributed 800 brochures relating to pregnant women and fish consumption advisories.

Creation of sub-committee to address potential outreach efforts for low income families, women of childbearing age, nursing mothers and educating health care professionals.

Brochures added to Provider's Toolkit (health information kit provided to Vermont physicians).

Coordinated distribution through the Dept. of Health and EAD for pregnant women brochures.

 

Educational efforts geared for cultures that consume large quantities of fish.

THERMOMETER EXCHANGE PROGRAMS

Accomplishments

Future Efforts

45,000 mercury thermometers collected - 98 pounds of mercury collected.

Digital thermometers in newborn packets through hospitals.

33,000 digital thermometers distributed.

Thermometers provided for low income families through the Dept. of Health.

3 hospitals conducted employee thermometer exchanges.

 

THERMOSTAT PROGRAMS

Accomplishments

Future Efforts

Placed 30 collection containers in plumbing, heating and electrical wholesale distributors.

Promotion to contractors.

Developed promotional materials including posters and bill inserts to promote to contractors.

 

Surveyed participants on effectiveness of program - needed further promotion.

 

WEB SITE

Accomplishments

Future Efforts

Developed web site including information on ACMP, school clean out, thermometer exchange, legislation and information for manufacturers to comply with labeling legislation.

Creating new format for web site to provide for easier navigation.

 

Include general information on mercury and links to other web sites & publications.

 

Include information on products, disposal and information sector specific such as dental, businesses, hospitals, etc.

Committee Comments:

  • Met with hospital Lab Managers’ group and it appears that many hospital labs use few if any mercury containing compounds. Question as to whether hospital labs still use Mercuric Chloride – it is not known.
  • Comment that DEC is providing a training/outreach this summer for salvage yards on environmental compliance and perhaps mercury switch removal will be encouraged on a voluntary basis.
  • Comment regarding school clean out program – Entire Boston school systems utilizes micro scale chemistry. It significantly reduces the amount of chemicals used by the schools. It requires some training and the purchase of glassware.
  • Suggestion regarding thermostat programs in future promotion to contractors to include information regarding manometer use by plumbers.
  • Question as to when the current collection numbers would be available for thermostat collection in Vermont through the TRC program as EAD has been notified by wholesale distributors that some have already mailed boxes into TRC. These numbers were not reflected in the last report. Mr. Erdheim stated that the numbers are reported out twice a year and this information would be provided in a report around June.
  • Request by Ric Erdheim to receive copies of the poster and bill stuffers provided to wholesale distributors by DEC to promote the TRC program.
  • Committee reviewed the format for the new MERC home page and provided the following comment:
    • Suggestion to include specific section on health effects of mercury off the FACTS home page.
    • Suggestion to provide contact information including not only the name and e-mail address, but also telephone number, fax number and physical mailing address.

Agenda Item 9-
Other topics not on agenda.

  • Senator McCormack gave the Committee a brief update on S.91. The Senator stated that the bill was voted out of the Natural Resources and Energy Committee at the end of February 2001 and went to Appropriations – there the bill languished and in January 2002 the bill was removed from appropriations back to the Natural Resources Committee. In Committee they ended up taking additional testimony, accommodated IBM and Energizer’s concerns with extensive rewriting. The bill was then voted back out of Committee and went back into the Appropriations Committee. The Senator commented that the usual handling by Appropriations would be ten minutes, but in this case the underlying bill had appropriations and the bill was again held up in Appropriations. At about the same time the Natural Resources Committee received H.14, which appeals the hazardous product shelf labeling law. It was decided that the mercury bill would be added as an amendment to H.14. There was considerable debate on the bill and fierce opposition to it. The bill went on the Senate’s calendar and action was delayed until Friday. Senator McCormack stated that he spoke on behalf of the bill for 2 ½ to 3 hours on Friday and ultimately the bill passed the second reading. The third reading will be scheduled for sometime this week.
  • The Committee reviewed the time line for the Committee’s Work Plan for 2002 and there were no changes made.
  • Handouts were given to the Committee regarding information on the Energy Star Program and some examples of thermostat programs in other states. This information will be reviewed and discussed at the next Advisory meeting.
  • The Committee spoke briefly regarding the FDA’s re-evaluation of tuna for fish advisory warnings. Handouts were given to the Committee of New York Times and Boston Globe articles regarding the subject.
  • The Committee received a handout regarding the use of manometers by plumbing contractors. It was noted that potential funding may be available for programs related to manometer replacement and outreach projects for plumbers. The Committee may wish to consider exploring initiatives for plumbers in the future.

Agenda Item 10-
Set date and agenda for next meeting.

The next meeting of the Advisory Committee on Mercury Pollution is tentatively set for Wednesday, April 24, 2002 from 12:30 p.m. to 3:00 p.m. in the Ethan Allen Room at the State House in Montpelier. Agenda items for the next meeting will include an update on the sensitive populations outreach committee, discussion on increasing thermostat collections in the state and review of H.283.

 

   
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