Less than two years after the removal of bald eagles from the U.S.’s endangered species list, a research group in Maine has found an elevated levels of mercury in the blood and feathers of bald eagles in the Catskill Park region of New York. This morning the Nature Conservancy-NY, along with their partners at the Biodiversity Research Institute and the New York State Department of Environmental Conservation, released a report about the impact of bald eagle mercury study (see summary). An executive summary and the full report can be found at BRI’s Web site. The New York Times covered the release with a major story in this morning’s Science Section.
Category Archives: US
Mercury policy issues relevant to the US context
MPP Advocates to UNEP for Free-Standing Legally Binding Instrument
Today, at the UNEP North American Civil Society meeting in Washington, DC, MPP, on behalf of the Zero Mercury Working Group, is advocating that the UNEP Governing Council consider and conclude that a free-standing legally binding instrument (LBI) is needed to address the global mercury challenges at its upcoming meeting in Nairobi in February. We strongly believe that the elements of a global mercury framework related to supply (including storage and trade), emission reductions (through the use of best available technology, BAT, or otherwise), and product/process phase-outs in particular will require a legal instrument to be effective for a number of reasons including the following:
- It is the only way to control supply and eliminate global mercury trade while minimizing possibility of conflicts with international trade law
- It will ensure the required substantial global coordination and a level playing field in effectively phasing out the use of mercury in products and processes, and otherwise reducing mercury emissions from industrial sources.
- The legal instrument is the most direct and effective vehicle for prohibiting new undesired activities
- It can elevate the importance of mercury as a priority issue in countries and regions, and facilitate implementation of relevant national legislation.
According to the ZMWG, the provisions of this LBI should include:
- A broad scope that includes those human activities which contribute to the global mercury pollution problem, and addresses the entire lifecycle of mercury.
- Tailored mercury control measures to particular sectors and sources of concern.
- Measures which incorporate the Precautionary Principle, the Polluter Pays Principle, and other relevant Rio Principles.
- Recognition of the role and importance of public interest, health and environmental stakeholders. Mercury has been on the agenda of UNEP GC since 2001. Some progress has taken place since then, both at the political level and on the ground with several projects addressing the mercury crisis. However, it is now high time that a global framework is adopted to coordinate actions to reduce mercury supply, use and emissions of mercury from all global sources of concern. At the latest meeting of the Ad Hoc Open Ended Working Group on Mercury in Nairobi (October 2008), a comprehensive set of elements to be part of a global framework was agreed to by a broad consensus, and this was an important step forward. In addition, an overwhelming majority of countries supported a free-standing legally binding instrument on mercury.
Seafood and Sushi Lovers Can Now Check Mercury Levels on the Go
Shoppers and diners can use any cell phone web browser to enter their weight and fish choice to estimate low, moderate or high level dose of mercury based on U. S. government guidelines. The cell phone calculator compliments the GotMercury.Org web version. Fish consumption is the primary source of mercury exposure in the United States. In addition, AJR 57, introduced into the California legislature by Rep.Huffman on mercury-contaminated seafood passed this year and urges the federal Food and Drug Administration to take responsibility for, and take actions to reduce, the public’s exposure to mercury in seafood by taking specified actions.
US House Subcommittee Calls on FDA to Reform Dental Mercury Rules
After two congressional oversight hearings (at which MPP recently testified, see posts below) concerning the environmental release of dental mercury, a US House Government Oversight subcommittee is calling on the Food and Drug Administration to reform its rulemaking on dental mercury, as required by the National Environmental Policy Act. In a July 28, 2008 letter to FDA Commissioner Andrew von Eschenbach, Domestic Policy Subcommittee Chairman Dennis Kucinich reminded FDA of its statutory duty under NEPA to prepare an environmental impact statement or conduct an environmental assessment as part of the rulemaking process in reclassifying dental mercury, classifying encapsulated amalgam alloy and dental mercury or issuing special controls for amalgam alloy.
Mercury Export Ban Act
Mercury Export Ban Act, S. 906, (substitute) is scheduled to be marked up today at a hearing of the U.S. Senate Environment & Public Works Committee. The legislation would prohibit the sale of mercury by the U.S. government, ban exports of elemental mercury starting in 2010, establish a process for storing surplus mercury— and is supported by environmental, industry and state groups. “Trading mercury is not like trading potato chips,” said MPP Director Bender in a statement. “We’ve got to stop this circle of poison, where for example over 1000 tons of mercury are used annually by more than 10 million gold miners in 50 developing countries, exposing themselves, their families and the local and global environment to this dangerous neurotoxin.”
Lawmakers came up with the plan to have DOE accept the liquid metal for storage after they consulted with the industry organizations, including the American Chemistry Council, National Mining Association and The Chlorine Institute; environmentalists, including NRDC and MPP; and ECOS, a coalition of states’ top environmental regulators (see letter of support). While similar versions of the bill were introduced in the House (H.R. 1534) by Tom Allen (D-ME), and Senate (S.906) by Senators Obama (D-IL) and Lisa Murkowski (R-AK), the groups are urging passage of the substitute House-passed version, since it was the subject of subsequent negotiation and compromise, and more accurately reflects the current state of development on this issue.
Facing Up to the Hazards of Mercury Tooth Fillings
MPP director Michael Bender testifies today before a US Congressional Government Oversight Subcommittee on Domestic Policy hearing, entitled “Assessing State and Local Regulations to Reduce Mercury Emissions.” During his testimony, Bender presents MPP’s new report, “Facing Up to the Hazards of Mercury Tooth Fillings,” which lays out the rationale for placing a user fee on the continued use of dental mercury as a means to cover the costs of preventing dental mercury pollution from environmental release. Specifically, the report recommends that a user fee of $30.00 be assessed on amalgam manufacturers for the production of each mercury tooth filling, payable at time of sale. Funds collected should be placed into a designated account to cover the costs of controlling mercury pollution. The report also shows the cost-effectiveness of amalgam separators at preventing mercury from getting into the environment and clearly demonstrates that voluntary programs are not effective in convincing dentists to install and properly maintain separators.
U.S. FDA Warns Women and Children about Mercury Dental Fillings, Settles Lawsuit
After 32 years of delay, the Food and Drug Administration has finally agreed to comply with the law and set a date to classify mercury amalgam as a substance that poses a health risk to pregnant women and unborn babies, and children. This about-face resulted from settling, earlier this week, our lawsuit, Moms Against Mercury et al. v. Von Eschenbach, Commissioner, et al. (see Press Release) Stating it was an “unreasonable delay” and “an reasonable case of failure to act.” As reflected in the May 16, 2008 court transcripts, Judge Ellen Huvelle states that the “probability of harm is enormous,” and asked the FDA: “How could you drag your feet for 32 years? Do what you are supposed to do.” (see full transcript) Judge Huvelle also states that she couldn’t “order a ban, but can compel to act,” observing that this was “government at its worst” and that she wanted this “public safety issue to be resolved.” The FDA must now finish classification within one year of the close of the public comment period on its amalgam policy, that is, by July 28, 2009.
As part of the settlement, the FDA agreed to and, with uncharacteristic speed, has already changed its website— dramatically. The Updated June 3, 2008 FDA website now states, for example:
“Dental amalgams contain mercury, which may have neurotoxic effects on the nervous systems of developing children and fetus.” “Pregnant women and persons who may have a health condition that makes them more sensitive to mercury exposure, including individuals with existing high levels of mercury bioburden, should not avoid seeking dental care, but should discuss options with their health practitioner.”
The FDA website also now states that “Some other countries follow a “precautionary principle” and avoid the use of dental amalgam in pregnant women” and provides links to advice about amalgams from regulatory agencies in other countries, including Canada , France and Sweden. These warnings are similar to those sent from the manufacturers. Encapsulated dental amalgam arrives at a dentist’s office with skull and cross bones affixed next to the words “POISON, CONTAINS METALLIC MERCURY.” Amalgam manufacturers – Kerr, Vivadent and Dentsply – advise dentists against placing amalgam in pregnant women, nursing mothers, children under six, and anyone with kidney disease. Dentsply warns: “Contraindication (N.B.: “Contraindication” is a directive to forbid, not just a “warning.”) “In children 6 and under” and “In expectant mothers.” However, these warnings appear not to have been passed to the public, based on the results of a national poll conducted for MPP by Zogby International whereby most Americans (76 percent) don’t know mercury is the primary component of amalgam fillings; 92 percent of Americans overwhelmingly want to be informed of their options with respect to mercury and non-mercury dental filling materials prior to treatment; and 77 percent of Americans would choose higher cost fillings that do not contain mercury if given the choice.
Investigation of EPA’s Dental Mercury Emissions Estimate
As a result of its findings from a November 14, 2007 hearing at which MPP Director Bender testified, the US House Domestic Policy Subcommittee of the Committee on Oversight and Government Reform is conducting an investigation into the work of the Environmental Protection Agency (EPA) to determine if EPA has underestimated mercury emissions related to dental use of mercury. The Subcommittee’s hearing revealed significant disparities between the agency’s data for mercury emissions related to dental use of mercury and other estimates. EPA has even expressed a lack of confidence in some of its estimates. Furthermore, there are a number of other emissions pathways for which EPA has failed to develop any estimates, as the attached letter from the Subcommittee to EPA Administrator Steve Johnson outlines. It its letter, Chairman Dennis Kucinich requests that EPA provide specific information to the Committee no later than Feb.29, 2008.
US House Committee to Evaluate Dental Mercury
The U.S. House Oversight and Government Reform Committee will hold a hearing on Wednesday, Nov. 14, to discuss FDA’s responsibility to evaluate the harmful environmental impacts of mercury dental fillings and to question why FDA has not finalized a rule proposed in 2002 to classify mercury tooth fillings under the Medical Device regulations. “The Hearing will show that dental uses contribute to high mercury levels in fish Americans consume,” said MPP Director Michael Bender. “Testimony will also show, for the first time, that dental mercury air emissions may be more than five times higher than recent EPA estimates.” Bender’s testimony comprehensively lays out the extent of the problem, and the need to reduce this pollution source.
Key US House Committee Approves Bill on Mercury Export Ban
A key US House Committee yesterday approved legislation, HR 1534 — the Mercury Export Ban Act of 2007 — banning the export of mercury by 2010 and established a long term storage option at a facility designated by the US Secretary of Energy. HR.1534 is supported by the environmental community, the Environmental Council of States, the American Chemistry Council, the Chlorine Industry and the mining industry and passed the US House Energy and Commerce Committee on a vote of 42 to 2. HR. 1534 is needed to curtail trade in this toxic commodity particularly to developing countries where over 1000 tons of mercury is used and released by small scale gold miners, threatening themselves, their families and communities and the local and global environment to widespread, persistent and bioacccumulative toxin. The legislation moves to the US House of Representatives for consideration.