# New Mexico Mer c ury Reduction Action Plan

Prepared by the Task Force Created Pursuant To House Memorial 5

November 10, 2006

Participating Agencies: New Mexico Environment Department (NMED) And New Mexico Department of Health (DOH)Mercury Reduction Plan Executive Summary and Recommendations Page i New Mexico Mercury Reduction Action Plan

Executive Summary ........................................................................................................................ ii Legislative Recommendations for Mercury Reduction .................................................................. ii Recommendations to NMED .........................................................................................................iii Recommendations to DOH ............................................................................................................iii Recommendations to NMED and DOH ........................................................................................ iv Mercury Reduction Action Plan ..................................................................................................... 1 Background

............................................................................................................................... .. 1 Part 1: Air Exposure Pathways .................................................................................................. 2 Federal Clean Air Mercury Rule ............................................................................................. 2 Crematoria ............................................................................................................................... 4 Portland Cement Plants/Kilns ................................................................................................. 5 Large Municipal Waste Combustors ...................................................................................... 5 Part 2: Human Exposure Pathways ............................................................................................ 5 Food - Commercial Fish ......................................................................................................... 5 New Mexico Fish and Surface Water Needs .......................................................................... 6 Dental Amalgam ..................................................................................................................... 7 Vaccines

............................................................................................................................... ... 8 Part 3: Mercury- Containing Equipment ..................................................................................... 9 Household Hazardous Waste .................................................................................................. 9 Hazardous Waste Regulation ................................................................................................ 10 Universal Waste Rule – Fluorescent Lights .......................................................................... 10 Mercury in Auto Switches .................................................................................................... 11 Fever Thermometers ............................................................................................................. 12 Thermostats ........................................................................................................................... 13 Part 4: Other Mercury Sources ................................................................................................. 14 Consumer Products ............................................................................................................... 14 Medications (other than vaccines) ........................................................................................ 14 Cosmetics .............................................................................................................................. 15 Food, Dietary Supplements, Herbs ....................................................................................... 15 Mining and Mercury in New Mexico ................................................................................... 15 Federal Facilities and Mercury Emissions ............................................................................ 16 Conclusion

............................................................................................................................... ..... 17Mercury Reduction Plan Executive Summary and Recommendations Page ii 

## Executive Summary During the 2006 legislative session, Representative Peter Wirth introduced memorials asking the New Mexico Environment Departme nt and the Department of Hea lth to look at mercury issues facing the state. House Memorial 5 required the departments to deve lop a Mercury Reduction Plan for New Mexico. A Merc ury Reduction Plan Task Force wo rked in collaboration with the Dental Mercury Workgroup, convened pursuant to House Memorial 13, to develop a state Mercury Reduction Action Plan. The two working groups 1 have completed a Mercury Reduction Action Plan that includes this ex ecutive summary, the recommendations, and the supporting report.

The Task Force proposes the following state polic y regarding mercury and asks that this policy be adopted by the State of New Mexico:

It is the policy of the State to minimize harm from exposure to mercury in New Mexico by reducing or eliminating emissi ons, discharges, and use of me rcury and/or mercury-containing products to the greatest extent possible, when such measures are technically and economically feasible, taking into account the health and environmental costs of exposure to mercury.

This report and its recommendations provide mechanisms for implementing this policy. 

## Legislative Recommendations for Mercury Reduction

The Task Force recommends that the State of New Mexico:

a. Adopt the mercury policy recommended above: “It is the policy of the State to mini mize harm from exposure to mercury in New Mexico by reducing or eliminating emissions, discharges, and use of mercury and/or mercury-containing products to the greatest extent possible, when such measures are technically and economically feasible, taking into account the health and environmenta l costs of exposure to mercury.” b. Allocate $200,000 to NMED and DOH (through an appropriation to NMED) to fund: i. staffing and resources to implement the reduction strategies that can be done immediately; ii. a mercury study including 1. a comprehensive and quantitative in ventory of mercury sources, waste and emissions; 2. a comprehensive mercury exposure study on pathways for mercury exposure; and 3. a monitoring program to assess air, water, soil and biota for mercury contamination. iii. to educate the public on the hazards of mercury exposure; and iv. to develop a state fish consumption adviso ry program, including both commercial and locally caught fish advisories, which will provide public information and outreach.

1 A list of the members of the Mercury Reduction Plan Task Force and Dental Mercury Workgroup is attached as Attachment 1. In addition, the two memorials, House Memorial 5 and 13, which convened the two working groups are attached as Attachment 2. Please note that th ere is a separate report for House Memorial 13.Mercury Reduction Plan Executive Summary and Recommendations Page iii c. Make a statutory change to require that al l dental facilities in New Mexico be equipped with amalgam separators to assure that little or no solid mercury drains into municipal wastewater or septic systems and that th e separators be properly maintained by the dental facilities. d. Fully support the Solid Waste Bureau legisl ative request to refund the grant and loan fund to safely remove and recycle mercury from the waste stream, where possible; to educate the public on mercury removal from the waste stream; and to assist local governments in conducting household h azardous waste collection programs. e. Give preference to power generating plants that use renewable sources of energy, and evaluate economic incentives to promote s ources of energy that emit minimal or no mercury emissions, such as renewable energy sources and advanced coal emission reduction technologies.


## Recommendations to NMED

The Task Force recommends that the New Mexico Environment Department:

a. Conduct a comprehensive and quantitative inve ntory of mercury sources, waste and emissions, initiate action steps identified and report back to the Legislature with recommendations, if necessary, regarding statutory changes suggested by NMED. b. Create initiatives to recover and recycle mercury-containing equipment and products, including but not limited to, automotive switc hes, fluorescent lights, relay switches and measuring devices. These initiatives should include increasing public awareness of the hazards of mercury, encouraging the public to buy non-mercury-containing products, and informing the public of the proper disposal of mercur y-containing products.

c. Increase business and governmental awar eness regarding the hazards of mercury, mercury-containing equipment, alternatives to this equipment and proper disposal of mercury-containing materials. d. Work with states, tribes and at a national and international leve l to reduce airborne mercury emissions.

e. Provide adequate staffing and resources for enforcement of mercury-related regulations, including NM wildlife habitat standards, and promotion of storm-water best management practices. f. Consider crematoria initiatives, includ ing adoption or adaptation of the best management practices being developed by Colorado for crematoria.


## Recommendations to DOH The Task Force recommends that the New Mexico Department of Health:

a. Conduct a comprehensive mercury exposure study on pathways for mercury exposure and report back to the legislat ure with recommendations, if necessary, regarding statutory changes suggested by DOH after input from stakeholders; b. Identify and publish a list of all products contai ning mercury that are ingested or applied to the body, provide education to the public and medical community, and consider a ban on mercury-containing products, where appr opriate. The list shall include:

• Dietary supplements, herbs, homeopathic and Ayurvedic medications that contain
mercuryMercury Reduction Plan Executive Summary and Recommendations Page iv • Medications marketed in New Mexico that contain mercury

• Any cosmetics sold in New Mexico that contains mercury c. Avoid use of dental mercury amalgam in vulnerable patients in the following ways: 1. Avoid placing, removing or polishing amalgam in the teeth of pregnant women, or women who may become pregnant, as the de veloping brain of the fetus is the most sensitive receptor to mercury toxicity; 2. Avoid using mercury to restore children’s teeth as their developing central nervous systems are particularly susceptible to mercury impairment; 3. Avoid using mercury in other vulnerable patie nts including those with kidney disease, central nervous system disorders, autoim mune disorders, and allergic/chemical hypersensitivity, and breastfeeding women; and 4. Avoid placing amalgam in patients with other kinds of metal surfaces in their mouths. d. Minimize exposures to airborne mercury in dental offices. 1. Promote the use of methods and equipment to reduce the exposure to mercury vapor in dental patients and staff; and 2. Inform dental practitioners of the hea lth and environmental risks of mercury
exposures. e. Reduce exposures to mercury from vaccines containing mercury preservative by: 1. Implementing a plan to make influenza vacc ine that contains no mercury preservative available for pregnant women, with support from health care providers; 2. Educating providers who care for pregnant wo men on the availability and benefits to their patients of influenza vaccine th at contains no mercury preservative; 3. Continuing to promote the production and use of vaccines that contain no mercury preservative; and 4. Introducing a resolution at th e Association of State and Territorial Health Officers meeting calling on vaccine manufacturers to move toward all vaccines that contain no mercury preservative. f. Educate the public on the ri sks and benefits of dental mercury amalgam and vaccine containing mercury preservatives.


## Recommendations to NMED and DOH The Task Force recommends that the both departments:

a. Reduce exposures from food containing me rcury, including fish, by developing a state fish consumption advisory progra m for both commercial and locally caught fish, providing public information and outreach, and studying the feasibility of requiring mercury labeling of food products and posting warnings at all commercial establishments and restaurants that sell fresh, frozen, packaged or cooked fish. b. Create an ongoing Mercury Reduction Advi sory Committee that is similar in structure and function to the Task Fo rce established by House Memorial 5.

c. Create a comprehensive fact sheet on merc ury that includes exposures from fish, dental amalgam, vaccines, and other common sources.

## Mercury Reduction Action Plan
Background During the 2006 New Mexico Legislative Session, House Mem o rial 5 and 13 were introdu ced b y Representative Peter W i rth and approved by the legislature. House Mem o rial 5 required the New Mexico Envi ronment Department and Departm e nt of Health (NM E D and DOH, respectiv ely) to conv ene a task force to d e velop a state

m e rcury reduction a c tio n plan f o r pr esenta tion to inte rim legislative com m ittees in th e fall of 2006. The task force convened had re presentation from a broad spectrum of stakeholders, including physicians, nurses, stat e agency staff, repres entatives of tribal
governm e nt, representatives of academ ia, repr esentatives of industry, representatives from national labo rato ries, represen tatives of environm ental advocacy gro ups and concerned citizen s. The following is the re sult of discussion and collaboration of these groups to recommend measures for reducing the exposure of hum a ns and wildlife to

m e rcury to the greatest extent possible. The Task Force also recomm ends further identifying the extent of m e rcury use and th e extent of m e rcury contam ination in the
state.

Mercury is a m e tallic e l e m ent that ca n take m a ny chem ical form s. All for m s of m e rcury are toxic. Mercury can be found at low c oncentrations throughout the environm ent and can be transported globally by upper atm o sphe ric air currents. The prim ary route of hum a n exposure to m e rcury is through cons umption of m e rcury-containing fish and having m e rcury-containing dent al am alga m s . People are also exposed to m e rcury found in som e vaccines and o t her m e dications.

When m e rcury gets into water bodies, som e of it can be converted into m e thyl m e rcury and enter the aquatic food chain, where it bi oaccumulates in fish tissue. Mercury is released in to the environ m ent by natural sou r ces such as volcanoes, ocean s, and soils. Mercury also occurs naturally in certain or es. P r ocesses such as coal combustion, gold

m i ning (and som e other kinds of m i ning), municipal and hazardous waste com bustion,

cem ent m a nufacturing, and pulp and paper m illin g release m e rcury in to th e environm ent. Additionally, m a ny common house hold and industrial products contain sm all a m ounts of

m e rcury. The m e rcury in these products can b e releas ed to th e environm ent when thes e products are incinerated, put into lan d fills, brok en, or end up in our waste water sys t em s.

All sources of m e rcury exposur e are cause for concern. Merc ury affects the hum an br ain, kidneys, liver and cardio vascular sys t em . B ecause m e rcury impairs the d e velopm ent of the brain and nervous system , unborn and young children are particularly sensitive to

m e rcury toxicity. In adults, m e rcury can cause nervous system problem s and have adverse effects on th e cardiovascu l ar syst em . W i ldlife th at live in an aqu a tic environm ent and consume fish, such as ducks and osprey, m a y contain elevated levels of

m e rcury, too. Many water bodies in New Mexico have fish consumption advisories due to the elevated levels of m e rcury in th e fish residing in these waters. Hum a n

consumption of these fish (or waterfowl that m a y consum e these fish) may result in

Mer c ur y Reductio n Plan Page 1adverse health impacts. Pregnant wom e n who eat fish from these water bodies m a y jeopardize f e tal developm ent of their unborn children.

It is important to consider both the large gene rato rs of m e rcury rele ases, s u ch as m e rcury releases fro mcoal-firedpower plants, natio n a l a nd inte rnatio nal tr ansport of m e rcury by air, and the num e rous sm all releases of m e rcury from everyday products such as m e rcury releases from dental amalgam s and broken fl uorescent light bulbs. Therefore, efforts to control m e rcury releases range from worki ng with large companies to ed ucating the public. 

## Part 1: Air Exposure Pathways

Fe der a l C l ean Air Merc ury Rul e The U.S. Environm ental Protection A g ency (EPA) promulgated the Clean Air Mercury Rule (CAMR) in March 2005. W h e n fully implem ented, CAMR and the federal Clean Air Inte rstate Rule (CAIR) 2 together are es tim ated to reduce nationwide em issions of

m e rcury from coal-fired power plants from 48 tons per year to 15 tons per year. Mercury

em issions from power plants are presently one of the largest sources of mercury

em issions. However, af ter the f u ll imple m e ntation of the CAMR, the relative contribution of m e rcury from other sources will increas e.

CAMR includes federal New Sour ce Perform a nc e Standards (NSPS) 3 , which pertain to coal-fired electricity gen e rating units a nd an optional m a rket-based cap-and-trade
program for states. CAMR requires reducti on of nationwide m e rcury e m issions in two phases. The first phase cap, beginnin g in 2010, is 38 tons nationwide and em issions will be reduced through m e rcury reductions achieve d by reducing sulfur dioxide and nitrogen oxides em issions. In the second phas e , due in 20 18, coal-fired power plants will b e subject to a second cap, which will redu ce em issions to 15 to ns nationwide.

Like other states, New Mexico was assigned an annual “budget” for m e rcury em issions in the Clean Air Mercury Rule. Two tribes were assigned a m e rcury em issions budget. Table 1, below, shows the annual m e rcury budget for New Mexico, neighboring states, and the Navajo Nation.

New Mexico presently has two coal-fired power plants under the ju risdiction of NMED. The total m e rcury em ission from coal-fired plan ts is estim a ted to be 880 lbs or less than half a ton per year. PN M operates the f our unit San Juan Generating Station which currently em its approxim a tely 780 lbs of m e rc ury per year. Tri-State operates the one unit Escalante Generating Stati on which is estim a ted to em it 90-100 lbs of m e rcury per year. Much of the m e rc ury found in New Me xico air originates elsewhere. Mercury

em itted in New Mexico contributes to the global pool of m e rcury.

2 Th e fed e ral C A IR ru le app lies to ap proximately the eastern ha lf of th e con tin en tal Un ited States and do es not ap pl y t o N e w M e xi co.

Mer c ur y Reductio n Plan Page 2 3 Subp ar ts HHH H and D aTable 1: Annual Mercu ry Budgets Under the Clean Air Mercury R u le and Current Proposals of Select States and Tribe Select States/Tribe 2010-2017 ( Tons per ye ar ) 2018 and after ( Tons per ye ar ) Proposed New Unit Set-As i de Proposed Joining Trading Program? A r i z o n a 0

. 4 5 4 0

. 1 7 9 TBD 4 TBD C o l o r a d o 0

. 7 0 6 0

. 2 7 9 3 6 % Y e s Navajo Nation 0.601 0.237 TBD TBD Ne w Mexico 0.299 0.118 5% ( 2 0 10- 201 7 ); 3% ( 201 8 an d af

ter ) No

U t a h 0

. 5 0 6 0

. 2 5% ( 201 0-2 014 ); 3% ( 201 5 an d after ) Yes

New Mexico will subm it a state p l an to m eet its budget for reducing m e rcury fromcoalfired power plants by April 2007. Currently, two coal-fired utilities are eligible for a portion of the state’s m e rcury budget, PNM Sa n Juan Generating Station and Tri-State Escalante Generating Station. The a llocation m e thod is not yet finalized.

PNM’s Mercury Reduction Program at San Juan Generating Station . The PNM San Juan Generating Station (SJGS) is th e larg est power plant tha tis regulated by New Mexico for air em issions. On March 10, 2005, Public Service Comp any of New Me xico (PNM) entered into a Consent Decree with the Gr and Canyon Trust, the Sierra Club, and NMED regarding em ission of pollutants from SJGS.

As part of this Consent Decr ee, PNM is required to design an activated carbon injection (ACI) technology, or comparable mercury re duction technology, for all four SJGS units. The purpose of this requ irem ent is to m a xi m i ze mercury reduction of each unit.

As part of th e Consent Decree, PNM subm itted th e required r e port desc rib i ng the

m e rcury removal technology planned for installa tion at SJGS to NMED and Plaintiffs for their approval on May 9, 2006. PNM has pr oposed the use of ACI technology for the

rem oval of m e rcury from the flue gas. The year and a half test period on Units 3 and 4 will ind i cate the lev e l of m e rcury removal possible. Con tin uous em ission m onitors will

m easure the total m e rcury air em issio n s from each of the units.

The schedule in the Con s ent Decree for the st artu p of m e rcury contro ls o n each of th e four units is:

Unit 4 - 10/31/2007 Unit 2 - 12/31/2009 Unit 3 - 4/30/2008 Unit 1 - 12/31/2009

Mer c ur y Reductio n Plan Page 3 4 TBA - t o be d e term inedRenewable Portfolio Standard . On March 4, 2004, Governor Richardson signed SB43, an act providing for renewable energy 5 rules for public utilities. The Renewable Portfolio Standard r e q u ires that pu blic u tilities incl ude renewable energy as a percent of energy retail sales in energy supply portfolios. By January 1, 2006, 5% of the annual energy retail sales must be generated by renewable en ergies. This increases 1% per year to a goal of 10% in 2011 and thereafter.

The Renewable Portfolio Standard m a y reduce m e rcury em issions if altern ative energy sources are developed and used. This woul d reduce the dem a nd for electricity generated by coal-fired utilities. P o tential oppor tunitie s ex ist f o r sola r, wind and biom ass generation. The Renewable Portfolio Standard provides a 3 credit mu ltiplier for solar power, and the Public Regulatory Commission is activ ely encouraging u t ilities to deve lop projects.

One prom ising concept, Concentrated Solar Po wer (CSP), is already being bid to PNM. CSP focuses solar he at w ith large m i rrors to boil water, instead of burning coal. CSP projects are under construction both nationally and internationally. CSP plants can use fossil energy or biom ass as backup, and can therefore provide baseload generating capability. A CSP plant that d i spla c e s co al-f iredgenera tion will dr astica lly lowe r

m e rcury e m issions in addition to NO x , SO x and CO2 e m issions which could impact clim ate chan ge. Enviro nm ental impacts due to coal-m ining would also be less with CSP. Studies by the W e stern Governors’ Associat ion and the U.S. Departm e nt of Energy predict a bright future for CSP once cost s are reduced by large scale implem entation.



### Crem atori a Crem atoria em it m e rcury em issions when hum a n corpses that contain mercury am algam s are incinerated. There are 20 licensed crem atoria in NM . The am ount of m e rcury

em itted by New Mexico crem atoria is estim a ted to be 40 po unds per year 6 . Mercury

em issions f r om crem atoria likely con s titu te abou t 4% of air e m issions in New Mexico at present.

Since ind i vidual crem atoria em it amounts of air pollutants b e low state p e rm itting thresholds (including m e rcury and other toxi c ch em icals), air quality perm its are not required, no r are there state or federal air quality standards that appl y spe c if ically to

crem atoria. Efforts to reduce m e rcury em i ssions from crem at oria are hamp ered by the fact that technology to reduce em issions can be expensive and rem oval of a m alga ms prior to incineration is fraught with social discom fort and re ligious objections.

The Colorado Departm e nt of Public Health and Environm ent is wo rking on a project to develop best m a nagem e nt prac tices that m a y be a model for New Mexico. This plan includes capturing m e rcury before it enters the crem ation cycle and is part of the

5 R e newa bl e en ergy i s defi ne d as ene r gy gen e rat e d fr om sol a r, wi nd , hy dr op o w er , ge ot h e rm al or bi om ass , and fuel cells t h at ar e no t fo ssil fu eled.

Mer c ur y Reductio n Plan Page 4 6 Usi n g C o l o ra do e s t i m a t e of 3 g r am s/ crem at i on an d e x tr ap ol at i ng dat ao n t h e n u m b er o f 20 0 3 crem at i ons fr om t h e C r em at i on Ass n of No rt h Am eri ca t o est i m at e about 6, 5 0 0 crem at i ons per y ear i n NM

.Crem atoria Initiativ e of the Mercu r y-Free Colorado Camp aign 7 . They m a y recomm end that dentists rem ove teeth containing m e rcury amalgam s prior to crem ation.



### Portland Cement Plants/Kilns Mercury can be present to varying degrees in po rtland cem ent plants' raw m a terials, includ ing th e m a in feed m a terial (lim estone ) and the prim ary fuel (coal). Mercury can pass through the cem ent m a nufacturing pro cess and avoid containm ent in the cem ent product. As a result, m e rcury m a y be em itted as solid or g a s in the p r oces s exhaust
stream . The EPA reports that nationwide th ere are 118 cem ent plants. GCC of Am er ica' s Rio Grande Portland Cem e nt Plant in Tijeras, New Mexico is a local example.

In 1999, the EPA promul gated national em issi on standards for new and existing sources in the portland cem ent m a nufacturing industr y. These now have been challenged in court. At present, these em issions standa rds do not contain MACT ( m aximum achievable control technology) standards or em ission li m its for m e rcury from portland cem e nt plants. It rem a ins to be seen if the final am endments rem a in the sam e as the proposal and require no measures be taken by cem e n t plants to control or lim it m e rcury em issions.



### Lar g e Municipal W a ste Com b ustor s Section 129 of the Clean Air Act required the EPA to develop and adopt New Source Perform a nce Standards (NSPS) and em i ssions guidelines for Municipal Waste Com bustors (MWCs) based on application of MACT. Thes e regulations were adopted by the EPA in 1995 and were fully implem e nt ed by 2000. The regulations were highly effective in reducing em issions from M W Cs. When comp ared to the 1990 baseline, the MACT regulations reduced m e tal em issions (cadm i um , lead, and m e rcury) by m o re than 93 percent. On April 28, 2006, the E P A adopted revised em ission lim its in the NSPS for large MW C units 8 that should provide m o re reductions.


### Part 2: Human Exposure Pathways

The prim ary pathways that people are exposed to m e rcury include fish/seaf ood ingestion, dental m e rcury am algam, and m e rcury-cont ain i ng vaccines. Inform ed consum ers and

m e dical/dental providers are a critical co mponent in decreasing hum a n exposure to

m e rcury and avoiding negative health impacts.



### Food - Commercial Fish
While fish and shellfish can be an important part of a healthy diet , nearly all fish and shellf ish con t ain trac es o f m e rcury (p rim a rily m e thyl m e rcury). Mercury is transferred up the foodchain and bio accumu lates in predator fi sh species, i.e., fish that eat o t her fish. Fish sequester m e rcury prim arily in muscle tissues, away from vita l organs that would otherwise be dam a ged. This protects the fi sh from m e rcury’s toxic effects, while increasing the risk to hum a ns who eat fis h. Mercury is found throughout fish mu scle

7 www.cdphe.st ate.co.us/hm /m ercu ry /crem a to ria.htm

Mer c ur y Reductio n Plan Page 5 8 Larg e M W C un its ar e t h ose t h at bur n m o r e th an 250 ton s per d a y of mu n i cip a l so lid w a ste ( abou t 25
gar b a g e truck s ).rather than in the fat or skin. Cleaning th e fish does not reduce the m e rcury exposure and

m e rcury is not destroyed by cooking. Th erefore, the only way to reduce m e rcury exposure is to reduce the am ount of c ontam inated fish eaten.

Pregnant or nursing wom e n, wom e n who m a y becom e pr egnant, and young children should avoid eating some types of fish. Th e developing fetus, infants and young children
are particular ly sens itive to m e rcury toxicity due to their developing nervous system s. The EPA and Food and Drug Adm i nistration (F DA) issued the following guidance:

2004 EPA a nd FDA Advice for W o m e n Who M i ght Becom e Pregna nt, Wom e n Who are Pregnant, N u rsing Mothers, and Young Children 9

1. Do not eat S hark, Swordfish, King Macker el, or Tilefish because they co ntain high levels of mercury. 2. Eat up to 12 ounces (2 average meals) a week of a variety of fish and shellfish that are lower in mercury.

o Five of the most commonly eaten fis h that are low in mercury are shrimp, canned light tuna, salmon, pollock, and catfish.

o Another commonly eaten fish, albacore ("white") tuna has more mercury than canned light tuna. So, when choosing your two meals of fish and shellfish, you may eat up to 6 ounces (one average meal) of albacore tuna per week.

Follow these same recommendations when feeding fish and shellfish to your young child, but serve smaller portions.

A m o re recent study recomm e nded that pregnant wom e n consum e NO ca nned tuna, after
tests reve ale d large v a riab ility betwe e n the m e rcury content in various cans 10 . The state of California requires stores se lling fresh fish to post signs identifying the kinds of fish that typically contain hi gher levels of m e rcury.



### Ne w Me xi co Fis h a nd Su rface Water Need s Mercury is g e nerally present at very low c oncentrations in N e w Mexico s u rface waters. Its presence is due in large part to atmospheric deposition of industrial em issions. Once in surface w a ter and associated sedim e nts, m e rcury can concentrate th rou gh aquatic food chains and b i oaccumu lates in fish tis s ue. Becaus e of this con cern, m a ny states have fish

consumption advisory p r ogram s to inf o rm citize n s. New Mexico has an advisory
program without dedicated funding. Th e New Mexico Departm e nts of Health; Environm ent; Gam e and Fish; and E n ergy Mine rals and Natural Resources collaborate on this program

. Since m e rcury in surface water cannot be significantly reduc ed without reducing
atm o spheric deposition, efforts mu st first be directed to reduc e air-borne m e rcury

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Mer c ur y Reductio n Plan Page 6em issions. To accomp lish this, em erging tec hno logies to red u ce or elim inate m e rcury

em issions from power plants mu st be imple m ented world-wide.

Funding is needed to establish m e rcury deposit ion m onitoring stations , especially in the Four Corners area, to ass e ss the con t ributi on to th e loca l atm o s pheric flux of m e rcury from the coal-fired power plan ts. There is already one m e rcury deposition m onitoring station in southern New Mexic o, at Caballo Reservoir. Al so, the State of New Mexico does not have the capability to analyze wate r for low a m bient levels of m e rcury. Funding should be made available for m e rcury anal yses of water using m odern laboratory

m e thods that can m easure New Mexico’s ac tual ambient m e rcury concentrations.

To be effective, the adv i s o ry program need s re-occurring funding to m onitor fish tissue levels around the state and keep the public inf o rm ed of risks associated with consumption of fish. Funds should be provided to support the collection, processing, analysis, reporting, and posting of fish tissue m e rcury levels around the state. There are prim arily two non-atm o spheric sou r ce s of m e rcury inputs to su rface waters of the state: mu nicipal waste water efflu e nts a nd certain m i ning run-off. The most probable significant source of m e r c ury discharged into municipal waste water system s is dental waste. Mercury used in dentis try co ntribu tes to m e rcury polluti on of surface water and resulting fish warnings.

Metals m i nes, particularly precious m e tals m i nes and som e coal m i nes, can potentially release m e rcury into the environm ent. Th ere are no known mines in New Mexico that

curren tly release m e rcury in surface water at levels that exceed state stand a rds.


### Dental Amalgam A separate House Memorial to address dent al mercury am algam was also passed during the 2006 New Mexico Legislative Session. House Mem o rial 13 was introduced by Representative Peter W i rth and approved by th e legislature. The m e morial requ ired the DOH to con duct a study on the dangers of dental m e rcury a m algam and develop

recomm endations f o r pu blic inf o rm ationa l m a terials and env i r o nm ental sa f e ty f o r presentation to interim legi slative committees in the fall of 2006. A Dental Mercury Workgroup was convened with representati on from applicable stakeholders. The

recomm endations described previously in this d o cum e nt are the resu lt of these efforts. The purpose of the recommendations is to iden tify legislative m easures for determ ining the hazards of dental m e rcury exposure in Ne w Mexico and to imple m ent state initiatives to reduce the exposure of reside nts to m e rcury where possible.

There is con s ensus in the technical literatu re that dental m e rcury am algam can release

m e rcury into the body. Estim ating the am ount of m e rcury exposure is difficult because of the high v a riab ility in the num ber, size, p l acem ent, and con d ition of amalgam fillings as well as differences in chewing, eating, and breathing habits. According to the federal Agency for Toxic Substances and D i sease Reg i stry, dental am alga m s would be the m o st significant source of m e r c ury exposure in the absence of fish consumption and proxim ity to incinerators. Several studies have b een conducted with a consensus that dental

m e rcury exposure typically ranges from 1 – 30 ug /day with an average generally reported

Mer c ur y Reductio n Plan Page 7as 5-10 ug/day. The threshold for m e rcury toxi city is still being determ ined, with som e neurological effects potentially occurring at very low levels in sensitive in dividuals such as children and the developing fetus.

In addition to the direct exposure potential fr om the am algam s in patients, there is also occupational exposure for dentis ts and dental staf f, as we ll as exposures to the public from environm ental releases. Environm ental releases occur from wastewater, sludg e and

crem atoria. These releases can lead to e xposure in water and air and subsequently be taken up into the food chain, particularly fish.



### Vaccines
Thim erosal (ethy l -m ercury) has been used as a p r eserv a tive in som e vaccines. The
preserv a tive helps prev e n t contam ination by har m f u l m i crobes in mu lti-d o se via l s. Thim erosal has been completely removed fr om, or reduced to trace am ounts (<1μg/dose), in all vacc in es routinely recomm ended f o r child r e n, with the exception of mu lti-dos e inactivated influenza vaccine. Influenza v accine that con t ain s m e rcury preservative contains 25 μ g of m e rcury per dose. A few other vaccines may also con t ain th im erosal as a preservative, but these vaccines are not purch ased for use in child ren in New Mexico by the state Vaccines for C h ildren Prog ram (VFC) 11 . The Food and Drug Adm i nistration is working with vaccine m a nufacturers to reduce or elim inate th im erosal as a preservative from influenza vaccines 12 . Influenza v accines that contai n no m e rcury preservative are in short supply for children over three and adults du e to the i r lim ited availability f r om

m a nufacturers.

Pregnant wo m e n are recomm ended to receiv e inf l uenza va ccine because they are at increased risk of serious comp lications from influenza infection. The developing fetus is most sensitive to the toxicity of m e rcury. As suc h, it is p r ef er able that pregnant wom e n be prioritized to receive the lim ited supp lies of influenza vaccine that contains no

m e rcury preservative. The DOH has ordered 20, 000 doses of adult infl uenza vaccine that contain s no m e rcury preservative an d will giv e p r egnant wo m e n priority f o r this vac c ine.

Young children are also at in creased risk of serious co mp lications from influenza infection an d are recomm ended to receive the in fluenza vaccine. Young child ren are also recognized to be particularly sensitive to the toxicity of m e rcury. The DOH VFC Program purchases nearly all ped i atric vacci n e s in New Mexico, with the exception of influenza vaccine (VFC provide s approxim a tely 80-85% of pedi atric influenza vacc ine). Vaccines pu rchased thro ugh this pro g ram are gi ven to VFC providers without charg e

. To the exten tthat such v accine is availab l e, the D OH preferentially purchases influenza vaccine that contain s no m e rcury preservative. T h is preferen ce is no t bas e d on cost, it is based on supply. Influenza vaccine for child ren 6 to 35 m ont hs of age contains no

m e rcury preservative and there is an adequate supply. Influenza vacc ine that con t ain s no

m e rcury preservative for children 3 to 18 years o f age is m o re lim ited in its ava ilab ility.

11 See http://www.vaccinesa fety .edu/thi

- table.htm fo r a co m p lete listin g

.

Mer c ur y Reductio n Plan Page 8 12 h ttp ://www.fda.go v / cb er/v accin e /th im ero s al.h tmDOH, the New Mexico Medical Society and th e Pediatric Society, th rough the Clinical Prevention Initiative, agreed to support effo rts to encourage the production of influenza vaccine that is free of m e rcury preservative and p r ioritize ch ildren and pregnant wom e n for receip to f this vaccin e as long as supplies rem a in lim ited.



### Part 3: M e rcury-Containing Equipment

Hous e hol d H a zardous W ast e As m e ntioned previously, m e rcury em issions f a ll genera lly in to two categ ories – a small

num b er of large m e rcury em itters suc h as power p l ants and nu m e rous common item s which contain sm aller amounts of mercury. Bo th groups contribute significant am ount of

m e rcury and neither should be ignored. Many comm on ite ms that contain sm aller

am ounts of m e rcury are disposed as Household Hazardous Waste.

Som e sources of m e rcury em issions are not regulated at all. The requirem e nts for hazardous w a ste m a nagem e nt vary depending on the poin tof generation; whether th e waste is hou sehold hazardous waste (HHW ), condition a lly ex empt sm all quantity generator (C ESQG) waste, or sm a ll quantity generator (SQG) waste 13

. New Mexico solid waste regulations m i rror the federal requirem e nts which allow household h azardous waste to b e thrown away a nd be dispos ed of in a perm itted land fill. If a program accepts only waste from house holds, there are no applicable federal hazardous w a ste regulations. However, li quid wastes, in clud ing any characterized hazardous w a stes, cannot be accep tedfor disposal at transfer s t ati ons or landfills. Many landf ill op er ators ar e ref u sing to a c c e pt HHWwith inc r eas in g f r equency.
Waste generated by a commercial or industrial es tablishm ent, even if it is the sam e waste as generated by a household, is not exempt from federal hazardous waste regulations. Sm all busin esses are reg u lated und er New Mexico Hazardous W a ste requirem e nts.

The following are the comm on sour ces of m e rc ury in the hom e whic h are unregulated: a) Therm o m e ters (fever, candy, deep fr y, oven, indoor and outdoor with a silvery
temp erature indicator); b) Barom e ters, tilt-switch therm o stat s, fluorescent lighting, HID lamp s, and

m a jor gas-fired appliances such as range s, ovens, clothes dryers, water heaters, furnaces, an d space heaters that have pilot ligh t s and a flam e sensor or g a s safety valve; c) Som e pharm aceuticals and older f ungici des, p e sticides an d paints; and d) Button batteries from older hearing aids, pre-1990- household batteries, irons with tilt safety switches, jewelry wi th a glass ampoule containing m e rcury, weights in grandfather clocks, som e gas flow m e ters, bilge and sump pumps and older silent switches, and lights in som e older m o del children’s tennis shoes.

13 Th e Env i ro nmen tal Pro t ect io n Ag en cy (EPA) h a s issued regu latio ns go v e rn ing h a zardou s an d so lid
waste u n d e r the Resou r ce Con s erv a tio n and Recov e ry Act (RCRA). Hazar dou s waste is also go v e rn ed b y th e Co m p rehensiv e En v i ron m en tal Respo n se, Co m p en sa tion an d Liab ility Act (CERCLA or Su perfund ).

Mer c ur y Reductio n Plan Page 9To prevent the disposal of HHW tha tinclude products containing m e rcury, several local
governm e nts in New Mexico have establis hed periodic or on -going HHW collection
program s to rem ove hazardous item s from th e waste stream . Collected materials are handled by approved contractors and the hazardo u s m a terials ar e recycled or treated in a hazardous w a ste landfill to protect en vironm ental and public h ealth.



### Hazar d ous Waste Regul ation

NMED has adopted the federal hazardous wast e regulations which de fine and establish requirem e nts for m a nagem e nt of ha zardous wast e. The federal Toxicity Characteristic Leaching Procedure (TCLP) is a test that is used to determ ine if a waste ex hibits the characteristic of toxicity 14 . NMED has an aggressive co mp liance and techn i cal assistan ce program to ensure all hazardous wastes, incl uding m e rcury-contam inated waste that fail the TCLP, are prope rly m a naged. However, con d ition a lly -ex e mp t sm all quantity generators (CESQG) are exempt from stat e and federal regulations even though they generate significant am ounts of hazardous wa ste, including mercury. Current NM law prohibits the state from e s ta blishing standards that are m o re stringent than federal standards, so we currently are not able to create our own standards for CESQG.



### Uni versal Wast e Rule – Fluorescent Lights

NMED has adopted the federal Universal W a ste Rule, develope d to regulate the

m a nage m e nt of widely generated wastes that con t ain toxic m a terials, suc h as batteries, lamp s, thermostats, andm e rcury-co ntain i ng eq uipm ent. The rule impose s less stringent requirem e nts for storing, transporting, and collecting thes e wastes to p r omote better

m a nage m e nt practices such as recycling. Exem pt users m a y continue to dispose of these wastes as non-hazardous waste unl ess the local solid waste facil ity restricts their disposal. For non-exempt users, universal waste m a y only be sent to another universal waste handler o ra destin ation f acility that treats, disposes of, or recycles universal waste.

Spent lamp s are the m o s tcomm on type of uni ver s al waste. O n ly lamp s that f a il the federal TCLP are considered a hazardous wast e. Most fluorescent bulbs are hazardous due to their m e rcury content. Other lamp s th at, when spent, are commonly class i fied as hazardous w a ste include: high-in tensity disc h a rge (HID), neon , m e rcury vapor, high pressure sodium , and m e tal halide lamps. NMED allows cathode ray tubes (CRT) to be

m a naged as universal waste. The Rule does not apply to TCLP-passing “green” lamp s.

Lamp s being handled as universal waste mu st be handled in a way to m i nim i ze breakage and under the federal Rule m a y not be deliber ately crushed. The EP A considers crushing a for m of ha zardous waste treatm e nt. Incidental breakage does not cons titute treatm ent. NMED is proposing to allow crush i n g if certain conditions are m e t to m i nim i ze exposures to m e rcury released such as using comm ercia lly available lamp crushing

Mer c ur y Reductio n Plan Page 10 14 If a sol i d wast e exhi bi t s a concent r at i on of 0. 2 m g /L or gr eat er of m e rcu r y , i t i s consi d ered a haz a r d o u s waste a n d is s u bject t o stri nge n t storage , trea tm ent and dis p osal re quirem e n ts.system s. NMED believes that allowing handlers of spent lamps to crush lamp s under
contro lled conditions w i ll actual ly reduce releases of m e rcur y in the work place and to the environm ent by m i nim i zing acciden t al and de liberate breakage of m e rcury-contain i ng lamp s. It should be noted, however, that lamp crushers can leak sm all amounts of

m e rcury and contam inate the space where the crushers are lo cated.

To provide users with m o re environm entally -friendly options, m o st m a nufacturers h a ve developed “ g reen” f a m ilies of lamp s that hav e either redu ced or elim inated the use of

m e rcury and/or lead. Examples include Osram Sylvania’s E C OLOGIC ® lamp s, General Electric’s E C OLUX ® lamps, and Philips ’ ALTO ® lamp s. While the heav y m e tal content and labeling varies am ong lamp brands, thes e “green” brands pass the TC LP test and, while they still contain s o m e m e rcury, m a y be managed as a non-hazardo u s waste. NMED strongly encourages businesses and in dividuals to use these “green” lamp s to

m i ni m i ze the generation of m e rcury in waste.

In addition to lamp s, the Universal W a ste Rule als o covers waste batteries, therm o stats, and other m e rcury-containing equipm ent (MCE), such as switches, when they end up in the waste stream . NMED is currently planni ng to adopt new federa ls regulations that expand the types of MCE that m a y be handled as universal waste. One of the m a in problem s confronting consum ers and regulators with regard to MCE is that it is often dif f i cult, if n o t impossible, to te ll wh en such equipm ent contains m e rcury. Most are not labeled. NMED encourages businesses to elicit input from ve ndors or read product literature for inform ation on m e rcury content.


### Mercury in Auto Sw itches Many Am erican-m ade cars contained m e rcury switches until the year 2002, when the practice was discontinued. These cars are now being recycled and in 10 years the opportunity to recov e r th is m e rcury will be essentially gone. The m e rcury enters th e environm ent in auto salvage yards (when car s are crushed or shredded) and when the
scrap m e tal is rem e lted in furnaces. Nationally, this releas e o f m e rcury to the environm ent is estim a ted to be 10 tons per year.

It is possible to establish an auto switc h program in New Mexico. W e propose the following ideas for consideration when developing a program :

• A voluntary program with incentives is be st and less resource-intensive. S i nce New Mexico is geographically large and has a low population density, the cost of enforcing a m a ndatory program would be significant.

• It would be more efficient to focus ca pture efforts on end-of-life cars, though the program should accept switches from any source willing to turn them in.

• If switches are kep tin tact, th ey can be processed, and shipped as universal waste rather than hazard ous waste, greatly reducing cost and comp lexity.

• Consider every possible kind of ince ntive, no t ju st f i nancial. There m a y be

m e thods to reward participating businesses with public recog n ition, certificates of appreciation, or ot her m e thods of public recog n ition.

• To quantify the success of any vehicle switch program , it would be useful to track several param e ters: num b er of participating (and non-participating)

Mer c ur y Reductio n Plan Page 11businesses, num b er of auto’s recycl ed each year, and num ber of switches recovered. The vehicle identificatio n num b er of recycled autos would establish a success rate, but the desire for data must be carefully balanced against discouraging partic ipation with onerous reco rdkeeping requirem e nts.

• Borrow training m a terial from those states that have already adopted program s and adapt it to unique features of our pr ogram . Auto Recyclers mu st be made aware of the program , convinced of th e importance of r ecovering/recycling and told ho w to particip ate. I tis cru c ia l that the y be tra i ne d in what cars have which switches, and how to rem ove them safely.

• Partner with industry groups or associat ions in outreach to their m e m b ers. The m o st ba sic m e ssage should be: “This won’t cost you anything. You can earn a few bucks by removing these switche s and selling them back to us.”

• The physical work of switch rem oval will occu r at auto recycling busines s e s, but only after a program and infrastruc ture are in place. Som e funding is available fro ma national agreem ent with the Autom obile Manufacturers Association. State funding m a y be needed to augm ent.

New Mexico recycled cars, particularly from th e northern part of the state, are shipped to the steel m ill in Pueblo, Colorado. It is probab l e that cars fro mthe southern part of th e state and along the eastern and western borders are shipped to eith er Texas or Arizona, though the existen ce of a re-m elt m ill in Arizona has not been confirm e d. Rather th an work at cros s purposes, it will b e importan t to coo r dinate with the neighbo ring states to ensure that New Mexico’s program works sm oothly with the i rs.



### Fever Thermomet ers According to several national experts 15 on m e rcury in products, the problem of m e rcury in f e ver the r mom e ters is large l y re solving its elf

, in term s of new me r c u r y t h e r mo me t e r s entering the m a rket and municipal solid wast e (MSW ) stream. Five years ago, all U.S. retailers and m a nufacturers of m e rcury fe ver thermom e ters discontinued m a king and

m a rketing these products. Indeed, there are no mercury fever therm o m e ters still

m a nufactured in the W e stern Hem i sphere. (Inform a tion is not available on products

m a nufactured in China and India.) N on-m e rc ury fever therm o m e ters are fully developed and widely available.

For New Mexico, the m a in problem of m e rc ury reaching the MSWstream from fever therm o m e ters will aris e from the backlog of thes e products in New Mexico households and m e dical facilities. T h ere have been at least th ree m e rcury fever therm o m e ter exchanges done by the waste division of the City of Albuquerque, funded through the EPA, which resulted in the collection of approxim a tely 2000 m e rcury-containing therm o m e ters. The EPA estim ated amounts of mercury from discarded therm o m e ters in 1997 was seventeen tons nationa lly. Data for New Mexico are unknown, and additional inform ation is needed.

Mer c ur y Reductio n Plan Page 12 15 Alexis Cain, Region V EP A

, Chica g o, I L
, and Jo hn Reind l

, D a n e Coun ty , WI, Solid Waste De pt, pers o n al com m uni cat i o ns, M a y 20 0 6

.

### Therm o st ats According to the EPA m e rcury specialist p r eviously cited, it is largely a m a tter of conjecture to estim ate: (1) the quantity of m e rcury therm o stats presently in U.S. housing stocks th at will en ter th e waste strea min the f u ture; and (2) the quantity of m e rcury therm o stats being disposed in landfills at present.

A W a shington study done in 2002 16 found 444 pounds of m e rcury entered the waste
stream from therm o stat disposal. Data for New Mexico are unknown, and additional inform ation is needed.

According to a U.S. EPA specialist, about two-thirds of U.S. states have passed legislation targeting m e rcury therm o stats for ba ns or phase-outs. Ten northeastern states worked together on m odel legislation, and vari ations of this law were passed in enough states around the country that Honeywell, the m a nufacturer of 75 percent of m e rcury therm o stats sold in the U.S., just stopped m a ki ng m e rcury therm o stats this year (2006). It is not know n what the 2 other m a nufacturer s — GE and W h i t e — will do. Again, the widespread availability of non- m e rcury therm o stats facilitated the passage of these laws calling f o r a phase-out p r ocess which will r e duce the future flow of ther m o stats to MS W.

The three m a in therm o stat m a nufacturers form ed TRC, “The Therm o stat Recycling Corporation,” in 1997, which facilitates recovery of old thermostats. Under this program

, wholesalers serving the heating, ventila tion and air-conditioni ng (HVAC) contractor community have collection barrels at their sto r es for discard e d therm o stats. This
program is an excellent initi ative by industry, which pays th e costs of aggregating and processing the recovered m e rcury. In 2006, TRC recovered a total of 839 pounds of

m e rcury through this program . However, the T RC effort is only as good as its collection network and publicity. The TRC website shows only 2 drop-offs for the entire state of NM (Alam o gordo, Albuquerque). A l so, the pr ogram does no outreach to contractors, hom e improvem ent stores, and the public to promote the effort. To rem e dy this, m a ny state enviro nm ent agencies have und erwr itten mu lti-year edu cation campaigns f o r therm o stat recovery. T w o states (Oregon and Indiana) are running p ilots where they pay for the added incentive to contractors ofcoupons worth discounts on Energy Star nonm e rcury therm o stats in r e turn f o r oldtherm o stats turned in.

Despite the TRC program, EPA’s fl ow m ode l (m entioned above) shows a disappointing

m e rcury therm o stat recovery outlook for 2005 to 2010. For the U.S. as a whole, EPA predic ts:

• Mercury recovery – 6 percent

• Mercury d i s posal to land f ills – 75 pe r cent

• Mercury emissions to other m e dia – 19 percent

16 Was h ington State Mercury C h emic al Action Plan Draft

, Au gu st, 200 2, Dep a r t m e n t o f Eco l og y Pu bl i cat i on No

. 0 2

- 0 3

- 0 42

Mer c ur y Reductio n Plan Page 13At this rate, m e rcury recovery from t h er m o stats would be 6 pounds per year in New Mexico.



### Part 4: O t her M e rcury Sources

Cons um e r Product s Mercury can be found in a variety of pr oducts, in addition to vehicle switches, therm o stats, fever therm o m e ters and fluorescen t lights. These include, but are not lim ited to batteries, blood pressure cuffs, dairy m a no m e ters, computer parts, electrical switches and relays, and som e novelty item s

.

The W i sconsin Mercury SourceBook contains comprehensive inform ation on sources of

m e rcury according to sp ecific se ctors, such as ed ucation a l in s titu tions, bu siness o r commercial establishm ents, households, etc 17 . The above products contain m e rcury that is added during the m a nufacture or assem b ly of t h e product. There are other consum er and household products that contain m e rcury as a contam inant 18

.

Switches are found in therm o stats, motor vehi cles, and appliances, am ong other places. Relays are a type of switch th at opens or closes electrical contacts, such as can be found in som e ovens. Measuring devices include m a nom e ters, blood pressure cuffs, and
t h e r mo me t e r s

.
In Maine, m o st m e rcury-containing switches, relays and m eas uring devices are banned. These products account for 70% of mercur y in m e rcury-added products. T h ere are functionally equivalent nonm ercury a lternatives available for most products 19 . In Verm ont, hospitals are required to subm it a plan f o r m e rcury reduction to the state every three y ears, unless th e h o spital is achiev ing a 95% reduction in m e rcury. Sim ilar requirem e nts could be enacted in New Mexico.



### Medicati o ns (ot h er than vaccines)
Thim erosal (ethyl m e rcury) is present in som e plasm a -derived products. Mercury can also be found in som e other m e dications 20 . Hom e opathic m e dications m a y also have ingredients which m a y be derived from m e rcury compounds. During the past year, DOH’s Lead Poisoning Prevention program conduc ted a search for inform ation regarding lead and other heavy m e tals in foods and m e dicinal products. The search found “potentially harmful levels of lead, me rcury and/or arsenic” in Aryuvedic herbal

m e dicine products.

17 w w w

. epa

. g o v / g l n po/ bn sd ocs/ hgs b o o k
18 Exam ples are som e toothpaste, de odora n ts, sh am poo, laundry detergent, bleach, and ot hers. ( www.hg t ech

. co m /Data/Oth er/Hg % 20 hou se.h tm )
19 LCSP Re port ( h ttp ://www.main e .gov /d ep / m ercu ry/lcsp fi n a l.pdf ) and the cover re port t o the Maine Legi sl at ure: ( ht tp : / / www .m ai n e .g ov/ dep/m e rcury / p r o d u ct s w eb .p d f ).

Mer c ur y Reductio n Plan Page 14 20 See FDA list at ww w. fda

. go v / cder/f da m a / m er cur y30 0.h t m . T h e FDA s u s p ects that m a ny of the produc ts listed at th is site are no long er on th e m a rk et. It is not clear whet her the produc ts listed are prescri p tio n o r

ove r-t he-c o unt er m e di cat i ons.Federal p r e-emption m a y prevent states from passing any law or re gulation regarding any

m e dications, whether prescr iption or over-the-counter , regulated by the F DA.



### Cosm etics
It is difficult to determ ine if any cosm etic products legally sold in the U.S. contain

m e rcury. Mercury-containing skin-whitening cream s are sold in Mexico and are known to have caused m e rcury poisonings in the borde r areas of the U.S. These skin-whitening

cream s were banned from sale in New Mexico in 1996.


### Food, Dietary Supplements, Herbs
The FDA is not aware of any m e rcury bei ng intentionally added to food or dietary supplem ents. It is aware of a warning th at som e Chinese herbs contain u n acceptable levels of m e rcury 21 . Food that m a y contain trace am ounts of mercury, other than fish, include fruit juice, vegetables, rice/grains, processed m eat, beef, chicken, waterfowl, salt, and sugar. Food coloring and soft drinks that contain yellow or red dyes m a y also contain m e rcury 22

. Other sources of the general public exposure to m e rcury include its use in spiritual or ritualistic practices and in he rbal remedies. It has been found in comm ercially produced herbal ball preparations of Chinese origin. Religions that use m e rc ury include Santeria, Voodoo and Espiritism o, and m e rcury is sold in “botanicas” u nder the n a m e “azogue”.


### Mining a n d Mer c ur y in Ne w Me xico
Associations between m e rcury contam inati on and m i ning activity are well docum ented. These can result from abandoned or activ e m i ning of m e rcury itself, sm elting of ores which contain m e rcury as a by-product, and in the m e rcury am alga m a tion process of gold
extra c tion 23 . About .05% of the annual am ount of m e rc ury released in the U.S. is due to lead and cop p er sm elting (0.16 of 296.16 tons per year) and a mu ch sm aller am ount can be attribu t edto m i ne-related releas es. There is no activ e sm elting activity in New Mexico, nor has there ev er been m e rcury m i ning in the s t ate b ecause there are no ore quality m e rcury deposits. The am ount of m e rcury em issions associated with gold m i ning in the state appears to be m i ni m a l, but th ere is scant data on historical m i ning or

sm elting-re lated m e rcur y rele ases to the environ m ent.

Mining-Related Mercury in New Mexico . Analysis of ground and surface waters at hard rock m i nes throughout New Mexico has not sh own m e rcury contam ination that exceeds water qua lity standard s. The large s t like l y source of m i ning-related m e rcury in New Mexico, although currently not id entified, is that associated w ith historic gold m i ning. Such operations are responsible for m e rcury contam ination in notable exam ples from California and Nevada. This is due to th e m e rcury am alga m a tion process, in which

m e rcury binds to gold in ore and then is va porized by heating. Mercury em issions from

21 www.fda.gov/cder/fda m a /mercu ry re po rt.ht m 22 www.hgtech.c om /Data/ Other/Hg% 2 0h o u se. h tm

Mer c ur y Reductio n Plan Page 15 23 Releases from coal-fire d elec trical power pl ants (e .g., t h os e in the F o ur C o r n er s re gion), whic h ar e respon sib l e for ~46 % of th e to tal m e rcu r y dep o sited in th e U.S. 4 , are n o t i n clud ed in t h is list.gold m i ning can also occur from mercury existin g in prim ary m e rcury-gold ore, which is released in the sm elting process.

The New Mexico Bureau of Geology and Mi neral Resources recognizes 40 or so gold

m i ning regions in the state, som e of which we re discovered by the Spanish in the 1600’s. Most of these were sm all operations and we re abandoned by the turn of the century. Examples include m i d-1800’s gold placer m i ni ng at Pinos Altos, Sylvanite, Orogrande, Jicarilla, andthe Cerrillo s Hills. The larges t and longest op erating go ld mine in the state is that at the LAC Cunni ngham Hills Mine in the Ortiz Moun tains, which has been undergoing active reclam ation since the m i d- 1990’s. Cyanide extr action replaced the

m e rcury a m algam a tion process for U.S. gold m i nes in the 1960’s; therefore, m e rcury releases from the initial gold extraction process should not be a significant issue at any potential future gold m i nes in New Mexico. Cu rrently, th ere are no existing or proposed gold refining/sm e lting facilities in N e w Me xico that could be a source of m e rcury

em issions to the atm o sphere. Should thes e types of activities be proposed for New Mexico, it is unclear that our state law would require them to obtain an air quality perm it.



### Feder a l Facilities a nd Mercury Emissions
There are 22 RCRA Su btitle C facilities in New Mexico with over 200 hazardous waste “operating units” cleaning up over 3000 contam inated sites. Half of these facilities are owned by the federal governm e nt. In additi on, there are over 250 form e rDepartm e nt of Defense sites with environm ental contam ina tion, of which about 50 are currently being activ ely inv e stig ated an d cleaned up . Most of the contam ination at these sites is the r e sult of past practices that resulte d in releases of hazardous c onstituents to the environm ent.

Site inv e stig ation and cle a n up activities a t thes e “legacy” sites receive con s iderab le
atten tion fro mNMED st aff. Surface and subsurface, includin g groundwater, investigatio ns have iden tified a wide-varie ty of h azardous co nstitu ents of concern. NMED will continue to evalua te ne w site in v e stigation data to iden tif y all signif i cant contam ination, including m e rcur y, and ensure that appropriat e rem e dial action responses are taken to protect public h ealth and environm ent.

Of all f e dera l f acilities, L o s Alam os Nati onal Lab (LANL) has the m o st comp rehensive databas e that is publicly available. A ddition a l water quality d a ta from the other facilities should be gathered and comp iled to determ ine if there is a concern about m e rcury levels at those sites.

A query 24 of the LANL water quality database fo r storm water samp les collected in Los Alam os watershed (Los Alam os & Pueblo Canyons) from 2001 through 2004 shows eight exceedances of the m e rc ury wildlife habitat st and a rd from ranging from 0.91ug/L (parts per billion (ppb)) to 3.51ug/L (ppb) with an average concentratio n of 1.55ug/L (ppb).

While other canyons at L ANL (Ancho, Canada del Buey, Pajarito and Mortandad) show levels of m e rcury in storm water above the St a t e W ildlif e Habita t stand a r d, they gene rally

Mer c ur y Reductio n Plan Page 16 24 D one by t h e D O E Ov ersi ght B u reau of NM EDdo not generate large eno ugh flows to reach th e Rio Grande as frequently as Los Alam os Canyon or Pueblo Canyon. Los Alamos Canyon and Pueblo Canyon consistently generate storm water flows that reach the Rio Grande. This suggests that of the m e rcury discharges that originate on LANL property, the bulk appear to enter the Rio Grande through the Los Alam os /Pueblo Canyon watershed.


## Conclusion The Mercury Task Force m e mbers believe that a great deal of progress can be m a de in reducing m e rcury statewide. There are severa l p l anned activities, p a rticularly in power plant em issions, that sho u ld resu lt in reducedm e rcury in the air. W ith som e modest additional resources, the state can m a ke great gains in iden tif ying the extent of m e rcury products used and disposed of in New Me xico and in reducing these sources.

Mer c ur y Reductio n Plan Page 17