 |
|
|
Advisory Committee on Mercury Pollution
Meeting #48: Monday, December 8, 2003
Time: 8:30 - 11:30 am
Location: Conference Room, Environmental Assistance Division
Laundry Building, Waterbury State Complex, Waterbury, Vermont
MINUTES
Members Present:
Michael Bender, Abenaki Self-Help Association, Inc.
William Bress, Vermont Department of Health
Neil Kamman, Agency of Natural Resources, Water Quality Division
Ruma Kohli, chemical Management Program Manager, IBM, Burlington
Virginia (Ginny) Lyons, Senate Natural Resources and Energy Committee
Rich Phillips, Vermont Agency of Natural Resources, Environmental Assistance
Guests Present:
Joe Choquette, Downs, Rachlin and 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 Conference Room of the Environmental Assistance Division, Waterbury State Complex.
Rich Phillips called the meeting to order.
Agenda Item 1-
Changes to today's agenda.
The members through e-mail approved minutes from the previous meeting and the final minutes will be posted on the web site.
No new agenda items were added.
Agenda Item 2-
Discuss draft legislative recommendations.
Rich Phillips advised the Committee that the administration will not support a bill this year, but would consider reviewing a reduced
version of S.111. New Hampshire amended House Bill 366 to focus more on product bans. The Bill passed through the house and is being strongly
considered. If Vermont is to consider a bill that included some of these same bans, the bill would validate many of the voluntary programs already
in place (such as pledges by most pharmacies and grocery stores in the state to no longer sell fever thermometers). However, the New Hampshire
bill includes exemption processes that may not be easy to implement without additional funding. Many of the bans considered could be written to
exclude the need for manufacturer exemption requests.
Michael Bender suggested that legislation passed in Maine (based on the U-Mass, Lowell study) be considered by Vermont to ban future
use for applications in industry with alternative information supplied to the industrial sector. There was concern if there was sufficient information
to identify if the suggested alternative substitutions were better. There was also concern that such a ban might necessitate an exemption process,
which may be difficult to implement without additional funding.
The Committee discussed the legislation introduced in previous years. There was some discussion as to what the Committee should
consider based on past recommendations by the committee and the fact that many bills recommended were not taken up in the legislature. The Committee
discussed making lesser recommendations to the legislature based on what may actually have a chance for passage. The Committee believes that their
recommendations should not be based on what legislation could pass but rather the scientific evidence related to mercury and what the Committee
believes should be recommended to safeguard the public and reduce mercury pollution in the state. Senator Lyons pointed out that the charge of
the Advisory Committee was to give policy recommendation to the legislature without regard to political realities but based on pure science and
the health effects proposed to Vermonters. The Committee noted that reducing the scope of recommendations in the report might be misconstrued
as an admission that mercury no longer poses a problem, which is not the case. The Committee agreed that they should support S.111 as introduced
in the last session and make recommendations by prioritizing those sections of the bill, which the Committee felt to be the most significant.
Michael Bender pointed out that the Advisory Committee has shifted from being something independent to being composed of mostly state government
representatives. He stated that it was not his opinion that this was not good, but that it was difficult for state people to bring an independent
viewpoint to the Committee without having to adhere to the policy of their current administration. The Committee discussed the dissenting remarks
that may need to be included in the annual report to identify areas that state employees were not able to support because of administration guidelines.
The Committee agreed that the report would include a caveat at the conclusion of the report that the recommendations made by this Committee are
scientifically based without any investigation regarding economic issues or resources. Based on this notation, it was agreed that dissenting remarks
would not be included with this year's report.
The Committee reviewed each section of S.111 to determine the potential recommendations and the sections considered high priorities
as follows:
-
7101 Legislative Findings - Findings may need to be updated to reflect current data.
-
7102 Definitions - Would expand the scope of products included under "mercury-added products" to include any fabricated
products not included in the current Vermont law and also formulated mercury-added products which are not currently included in Vermont law.
The expansion of this definition would make Vermont's law more consistent with regional legislation.
-
7103 Interstate Clearinghouse - Vermont DEC currently participates in clearinghouse and it is important for consistent implementation
across the states. Vermont's involvement would cost the state for membership dues. The only reason not to support this section would be for
economic reasons. The Committee supports this section.
-
7104 Notification - - Notification is already occurring through other states with this provision. More effective to have Certified
Labeling Plan that is in current legislation.
-
7105 Restrictions on the Sale of Certain Mercury-Added Products - Special restrictions- Committee considers this section high
priority- some discussion regarding removable button cell batteries and lamps which were already addressed and excluded. Committee discussed
adding other items that may be banned such as auto switches and thermostats.
-
Thermostats - Committee agreed to check other state legislative language and include a recommendation for a ban on residential
thermostats. An e-mail will be sent to members for comment on the language. This product lasts commonly 20-30 years and the Committee
felt it was important to include this ban now even though it is not a part of the bill. It was added that discarded thermostats account
for 10 tons of mercury per year nationally.
-
Thermometers - Committee agreed to add ban on thermometers used in food preparation.
-
Auto Switches - These switches have already been phased out by the auto industry. The Committee felt it was important
to include this in the legislation to finalize what has already been done.
-
7106 Phase-Out and Exemptions - - Phase out has a ten million population trigger. Rhode Island, Connecticut and Maine have
already adopted but have not yet implemented. Committee supported last year but is a lower priority this year. Vermont could possibly wait
to consider this section after other states have gained more experience in the implementation of the law.
-
7107 Labeling of Mercury-Added Products - Certified Labeling Plan makes manufacturer accountable before they begin labeling
implementation. Other states will identify manufacturer's labeling through enforcement. Current labeling needs to be modified. There are areas
in the current law that would be more consistent with other states if the model labeling language was adopted. There was discussion regarding
button cell battery labeling and the issues that emerge when requirements are presented regarding button cell batteries. It was the opinion
of the Committee that the requirement for labeling of button cell batteries (package labeling) in S.111 should not be exempted. Ruma Kohli
stated that from a manufacturer's perspective, inconsistency in labeling requirements from state to state poses an inventory issue or management
problems. Committee considers this section a high priority.
-
7108 Discarded Mercury-Added Products - The Committee considers this section a high priority. Suggestion that flame sensors
in gas ovens are very difficult to remove and implementation of this requirement may also pose problems. Committee suggested to specify chest
freezer as an item specifically set for component removal in the law as opposed to all white goods using text identifying complexity of removal
of other devices. Currently products are banned from landfill disposal only if labeled. Suggestion to use a list to identify potential products
banned as a suggested list but not to limit based on list. Suggestion that use of list would be beneficial in outreach efforts.
-
7109 Rulemaking - Only to the extent needed (such as labeling).
-
7110 Hospital Mercury Reduction Plan - Currently all hospitals in the state are involved in a voluntary mercury reduction
program. Certainly would be opposed by Hospital Association. Suggestion to include language that indicates exemption from process if hospital
has already done a voluntary pledge or reduction program.
-
7111 Limitations on the Use of Elemental Mercury - High priority to ban use of elemental mercury. Committee felt this would
be best handled by moving this to section 7105 and ban the use of elemental mercury and include specific exemptions for manufacturing, recycling
or disposal purposes.
-
7112 Public Education and Outreach - - Committee supports as written, but is not a high priority since the Vermont DEC is
already implementing a public outreach program under existing statutes.
-
7113 Mercury-Added Products Used in Dental Procedures - Committee considers this a high priority. Currently, voluntary BMPs
exist; this makes it a legislatively mandated rather than voluntary.
-
7114 Advisory Committee on Mercury Pollution - Committee supports with addition of Solid Waste District member and a member
representing Fish and Wildlife.
-
7115 Mercury in Schools - Committee considers this section a high priority.
-
7116 State Procurement Preferences for Low or Non-Mercury-Added Products - Executive order stronger than draft but executive
order can be changed in the future. Committee agreed to support this section as written but is not a high priority.
-
Section 2 Landfill Disposal Requirements 6621(a)(7) - Committee supports. Labeling law currently states "labeled"
- change would include all products labeled or otherwise. Concern that general public may not have knowledge as to what products contain mercury.
Suggestion to leave list as an example of products "included but not limited to." This list would also be used for outreach purposes.
Agenda Item 3-
Discuss details of mercury/wildlife presentation.
Neil Kamman arranged for Dave Evers to come to Vermont to present on January 20, 2004, the date of the Committee's card room display
at the state house. The Pavilion Building auditorium was reserved for that date. Senator Lyons suggested that Room 11 may be a better location
for the presentation and she would check to see if she could reserve the room. She also suggested that an invitation be extended to the Health
and Welfare Committee, the Natural Resources Committees, Water Resources Board, the Environmental Board, and the Agriculture Committee. She will
send a note out to all legislators to invite them. It was suggested that 11:00 am might be a good time. Neil will provide a one-page announcement
of the event including background information for Dave Evers to the Senator to distribute. Neil and Karen will coordinate all other arrangements.
Agenda Item 4-
Set date and agenda for next meeting.
The next meeting is scheduled for January 12, 2004 to be held in Waterbury from 10:30 am to 12:30 pm. The location of the meeting
will be provided to the members along with the agenda. The meeting will be primarily a review of the legislative report before release.
|
|
|
|
