Vermont Agency of Natural Resources
Advisory Committee on Mercury Pollution

Advisory Committee on Mercury Pollution

Meeting # 64: Monday, December 12, 2005

Time: 12:30 pm to 3:30 pm

Location: Chittenden Solid Waste District’s Administrative Office

1021 Redmond Road, Williston, VT.

Minutes

Members Present:

              Michael Bender, Abenaki Self-Help Association, Inc.

              John Berino, Fletcher Allen Health Care

              Neil Kamman, Vermont Agency of Natural Resources, Water Quality Division

              Eric Palmer, Vermont Agency of Natural Resources, Fish and Wildlife Division

              Senator Virginia Lyons

              Representative Carol Reed Hosford

              Ruma Kohli, IBM

Guests Present:

              Jennifer Holliday, Chittenden Solid Waste Management District

              Allison DeMag, Alliance of Auto Manufacturers

              Peter Taylor, Vermont State Dental Society

              Sue Premo, interested citizen

              Laurey Tedeschi, Autism Support Daily

              Gary Gulka, Vermont Agency of Natural Resources, Environmental Assistance

              Karen Knaebel, Vermont Agency of Natural Resources, Environmental Assistance

              Alison McKay, Vermont Agency of Natural Resources, Environmental Assistance

The Committee members and interested parties gathered at the Chittenden Solid Waste District’s Administrative Offices on Redmond Road in Williston. Michael Bender called the meeting to order.

Agenda Item 1

Approval of minutes and changes to agenda.

The Committee approved the minutes from the September 15, 2005 meeting.

Michael Bender requested that Gary Gulka update the Committee on Dental BMPs as an additional topic to the agenda. There were no other changes to the agenda.

Agenda Item 2

Presentation by Neil Kamman on mercury planning report.

• Neil Kamman stated that the draft mercury planning report is complete and is currently being reviewed by the DEC and Fish and Wildlife Commissioners. After their approval it will go to the Secretary of the Agency before being released to the legislature.  The report proposes a six-year freshwater fish tissue sampling program in which there will be three recurring cycles for the purpose of monitoring fish in Vermont waters.  At every sampling, a selection of game and prey size fish will be taken which would provide the ecological impact, not just the human impact. The proposed program allows fresh data to be input every two years.  As a result, every six years we will be able to see the changes in mercury levels in fish over time. 
• Eric Palmer stated that upon review a few issues came up, particularly regarding fish that do not significantly change in size with age.  However, the remedy is to have fish aging plans for those appropriate species. 
• Question as to whether there was effort to work with UVM or Middlebury College in order to obtain more samples.  Mr. Kamman said it is appropriate for the state to do that type of monitoring work.  UVM students have assisted in the past in obtaining fish samples.
• Michael Bender asked specifically if walleye was being included in this study. Also, he asked whether other contaminants were being looked at in this study and if so, the potential cost.  Mr. Kamman indicated that, walleye would be included in the study and that this species could be tested without killing the fish.  Also, the charge of the report addresses mercury only.  Eric Palmer said that Fish and Wildlife is interested in other contaminants and that currently there are fish frozen waiting to be tested. 
• Michael Bender asked that a full report be provided to the Committee if their input is desired.  Neil Kamman said that he can provide the full report after he receives word back from the Commissioners. 

Agenda Item 3

Presentation by Gary Gulka on legislative report regarding the removal of mercury-added products.

• Gary Gulka stated that there is a completed draft of the legislative report in review by the Secretary of the Agency.  The report addresses auto switches, appliance switches, thermostats and other miscellaneous heating devices. 
• Regarding the auto switches, upon review of research it was determined that approximately 25,000 grams or 55 lbs. of mercury could be captured through a recycle process.  After evaluating other states programs, it was determined that a mandatory program for removal is necessary for the program to be effective.  The controversial component of this program is the bounty which auto manufacturers could be required to pay. 
• Regarding appliance switches and thermostats, it may not be appropriate to have a mandate but instead focus efforts on outreach for appliance removal through repair people.  These products are banned in the coming year and effort needs to be made to encourage voluntary compliance.
• There was concern that it would be difficult to pass legislation to collect auto switches; however, this program addresses a significant amount of mercury and some members of the Committee would be inclined to support. 
• Allison DeMag, a lobbyist for the Auto Manufacturer Alliance voiced concern that the Alliance feels they have been given no opportunity to participate in this process.  She stated the auto manufacturer industry has been involved in addressing the mercury problem from the beginning.  Other members of the industry other than the Alliance produced a video called, “The 48 second solution” which shows how to remove auto switches.  The Alliance does not believe that salvage businesses need a bounty.  Furthermore, the Alliance will oppose a bounty but would be interested in setting up a collection program.
• Michael Bender pointed out that the State has been looking at this type of program for at least seven years and asked Ms. DeMag if the Alliance has approached the State in regards to this matter and if they have not, why.  Ms. DeMag responded by stating that they have not approached the State nor has the State approached the Alliance.  The Alliance was waiting to see what action the State would take. 
• It was suggested that in the interest of time the Committee wait and read the agency report when it is distributed and re-address this issue prior to putting any recommendations in the ACMP report.
• Sue Premo, an interested citizen, suggested that a pamphlet be produced for Vermont homeowners to include information on such things as proper disposal of thermostats that might be removed by the homeowner.

Agenda Item 4

Presentation by ACMP Sub-Committee regarding exposure reduction recommendations.

• Representative Hosford stated that a bill proposed last year in the Senate (S.143) has been streamlined.  There are three parts to the bill.  Two parts of the bill are involved with allowing people to better educate themselves and the third part has to do with Thimerosal.
• The bill proposes that the commissioner develop an advisory to be displayed anywhere fresh, frozen or canned fish are sold.  The advisory would include suggestions for pregnant women and children. 
• The other component is in regard to dental amalgam which is composed of 50% mercury and the main source of human exposure to mercury.  The bill requires any insurance plan covering fillings to cover mercury-free fillings for children under 18 and adults over 65.  It also requires that mercury fillings are not removed or placed in the teeth of pregnant women.  The Commissioner of Health is also to produce a poster and brochure to be placed in dental offices to make patients aware of their choices.
• The third piece of the bill states that no child under the age of 18 shall be vaccinated using a vaccine which contains Thimerosal.  The only exception to this section of the bill would be in a bioterrorism circumstance. 
• The last thing Representative Hosford pointed out is that ultimately this bill will be changed once it goes through the legislative process.
• Peter Taylor of the Vermont Dental Society pointed out that all restorative dental work on pregnant women is discouraged.  He also voiced concern that he felt the Vermont Dental Society had not been given an opportunity to be involved in the process of the subcommittee and would have liked to have been asked to be included in the discussions.

Agenda Item 5

Review of ACMP annual report outline and discussion of recommendation for report.

• Gary Gulka gave a quick review of the annual report outline. 
• Section 1            Update human health in environmental studies  
• Section 2            Update on mercury education efforts
• Section 3            Committee recommendations
• Section 4            Work of the committee in the coming year
•  The Committee agreed that there would need to be another meeting scheduled in   January to address committee recommendations to be included in the report.

Agenda Item 6

Committee appointments.

• John Berino advised the Committee that he had located a possible candidate for the Health Specialist position on the ACMP. 
• The Committee agreed to nominate Mary Jean Rajda, a nurse at Porter Hospital in Middlebury as a member to the Committee.
• Ms. Rajda is aware of distance she may need to travel to attend meetings and is also very interested in mercury-related issues.
• Michael Bender will be forwarding a letter to the Governor to make this recommendation on behalf of the Committee as well as again requesting that John Berino and Jen Holiday be officially appointed to the ACMP.

Agenda Item 7

Other topics not on the agenda.

• Gary Gulka said that the dental BMPs have been drafted.  There is a sub-committee which included input from the dental community and the National Wildlife Federation.  DEC is drafting the final BMPs and welcomes comments.  The BMPs require a self-certification process based on dental practice location to take place once every two years.  The self-certification forms would be reviewed and updated lists of dentists would be kept.
• Mr. Gulka also stated that the draft dental BMPs will be sent out to Committee members before the next meeting.

Agenda Item 8

Set date for next meeting.

The next meeting of the ACMP will be either January 4, 2006 or January 6, 2006 at 1:30 pm or later and will be held in the Ethan Allen conference room at the State House.  The details will be finalized by email.