Acting Chairperson Bill Adams, PA Farm Bureau called the Meeting to order at 10:15 a.m. Bill Adams was filling in for Brenda Shambaugh, PA State Grange, who had to be at another meeting this morning and would be joining our meeting later.

Brenda Shambaugh, PA State Grange (attended the Afternoon session)
Bill Adams, PA Farm Bureau
Dr. Herb Cole, Penn State University
Frank Long, PA Association of Conservation Districts
Janet Oertly, USDA, Natural Resources Conservation Service
Doug Goodlander, PA Department of Agriculture
Robert Pardoe, Jr., Dairy Producer
Owen Thomas, Senate, Agriculture and Rural Affairs Committee (Sen. Slocum)
Lynn Slabicki, House, Agricultural and Rural Affairs Committee (Rep. Cappabianca)
Tom Oyler, Jr., Fruit Producer
Sam Elkin, Livestock Producer
Jay Howes, House, Agricultural and Rural Affairs Committee (Rep. Bunt)
Bruce Holbrook, PA Department of Environmental Protection

Kristin Ebersole, Senate, Agricultural and Rural Affairs Committee (Sen. Slocum)
Bill Gerlach, DEP, Bureau of Regulatory Counsel
Vern Achenbach, Jr., State Conservation Commission
Don Fiesta, DEP, Bureau of Water Quality Protection
Melanie Wertz, Chesapeake Bay Foundation
Curtis Kratz, Moyer Packing Company
Steve Taglang, DEP, Office of Policy
Lyle Forer, PA Department of Agriculture
Milt Lauch, DEP, Bureau of Water Quality Protection
Duke Pepper, DEP, Bureau of Regulatory Counsel
Mary Truschel, DEP, Southcentral Regional Counsel
Carol Young, DEP, Bureau of Watershed Conservation
Dean Auchenbach, DEP, Bureau of Water Quality Protection

No public comments were received.

The minutes of the October 20, 1999 meeting were approved as distributed.

This agenda topic was tabled to the April 19, 2000 meeting.

Milt Lauch, DEP, Bureau of Water Quality Protection, distributed draft technical guidance guidelines for Agricultural and Reclamation Utilization of Sewage Sludge. The purpose of this document is to correct discrepancies between the Chapter 275 permits and the new Chapter 271 permits. The Draft Guidance will be published in the PA Bulletin and a 30-day comment period will begin on February 19^th. Lauch encouraged the Board members to comment on the draft technical guidance. Tom Oyler questioned who bears the responsibility/liability if there is a problem with the biosolids and soil contamination occurs. Lauch noted that although the farmer is liable there are safeguards in place to protect them where the generator has documented levels of biosolids quality. National risk assessment studies show that if the sludge meets limit levels it is safe. Tom Oyler stated that the agricultural community will be under a lot of pressure to accept biosolids material. Lauch suggested that farmers look closely at the generator of the material, and visit the treatment plant to review the process used to make the product. Dr. Herb Cole stated that another concern is quality control for septage haulers. Lauch noted that waste treatment systems will accept industrial waste while septage takes only household waste. The primary concern of septage is therefore vector attraction reduction. Lime stabilization is normally used to neutralize residential septage.

Milt Lauch distributed copies of the final Concentrated Animal Feeding Operation (CAFO) Strategy that was published in the PA Bulletin on March 13, 1999. The Department is still working to develop a CAFO general NPDES permit which is currently At the Environmental Protection Agency headquarters in Washington, DC for review and comments. A CAFO compliance strategy is also being developed. The goal of the CAFO Program is to use existing programs and requirements, which parallel the Nutrient Management Act, and use PA Technical Guide standards. The definition of a CAFO is based on the Nutrient Management Act animal equivalent units (AEU) based on animal density (except for greater than 1,000 AEUs where a permit is required regardless of the animal density.) CAFO requirements are more stringent for those CAFOs located in high quality or exceptional value watersheds or for new facilities over 1,000 AEUs. There are more stringent requirements in the CAFO regulations for exported manure.

Milt Lauch then reviewed the CAFO Permitting requirements with the Board. Sam Elkin questioned the CAFO strategy mandate that requires a public meeting for existing CAFOs located in high quality or exceptional value watersheds. The Board members noted that existing operations couldn't simply pick up and move their operation elsewhere. A public meeting would serve no purpose and would place the operator under unnecessary scrutiny. The potential for neighborhood conflicts without the remote possibility of resolution would be escalated. Sam Elkin made a motion that the Board opposes the CAFO mandate requiring a public meeting for existing CAFOs located in high quality/exceptional value watersheds. Dr. Herb Cole seconded the motion and the motion was passed unanimously by the Board.

Steve Taglang, DEP, Office of Policy, noted that on December 15, 1999, Governor Ridge signed into law the Environmental Stewardship and Watershed Protection Act which authorized the "Growing Greener" program. The Growing Greener initiative is the largest investment of state funds in our history to improve Pennsylvania's environment, with nearly $650 million available over five years. The purpose of the Growing Greener money is to fund an existing backlog of projects and to fund new projects. The goals of the program are watershed restoration and protection; abandoned mine reclamation; oil and gas well plugging projects; state park renovations and improvements; water and sewer system upgrades; and farmland preservation. Counties and local governments; county conservation districts, watershed organizations; educational institutions; and authorized organizations involved in the restoration or protection of Pennsylvania's environmental resources are eligible for growing greener grants. Taglang noted that over 1,500 people attended Growing Greener grant workshops and 920 applications were received requesting $230 million in funds during the first funding cycle. Department staff are now reviewing these applications to determine which are eligible for funding. A second round of funding applications will be accepted either in late summer or early fall. Taglang also noted that several applications received during the first round of funding are for agriculture related projects such as riparian buffers.

Steve Taglang distributed a handout regarding Pennsylvania's Conservation Reserve Enhancement Program (CREP) proposal. Pennsylvania desires to enroll 100,000 acres of farmland in the lower Susquehanna and Potomac River watersheds in the program. The goal is to reduce sedimentation, nutrient loading, and provide improved wildlife habitat. The total value of Pennsylvania's CREP to farmers is estimated to be $210 million, of which $129 million is federal funds and $81 million in state/non-federal funds. Pennsylvania will use existing resources for non-point source abatement related to agriculture, and anticipates no new government expenditures. Governor Ridge signed Pennsylvania's CREP proposal in January and it was sent to USDA for review and approval. It is anticipated that the USDA will sign off on Pennsylvania's CREP proposal in March. Taglang stated that participation in the CREP is for a ten-year minimum period.

Milt Lauch noted that the Chapter 91 and 92 regulations were revised to make them consistent with the Nutrient Management Regulations and the CAFO strategy. Section 91.35 of the Chapter 91 regulations states that new or expanded facilities with greater than 1,000 AEUs are required to provide a minimum of two feet of freeboard for manure storage structures. Existing operations or operations with less than 1,000 AEUs are to use the Pennsylvania Technical Guide for freeboard standards. Lauch noted the Chapter 92 regulations were originally published for comment on August 29, 1998, and two public comment periods were held. Section 92.81 of the regulations was revised to reinstate the original language that prohibits the use of general permits in special protection (high quality and exceptional value) watersheds.

Pam Witmer, DEP Legislative Liaison, was not available to give her report so it was tabled until the April meeting. Chairperson Brenda Shambaugh (who had joined the meeting after lunch) requested that Jay Howes provide a legislative report. Howes reported that the House Agricultural and Rural Affairs Committee is currently monitoring to ensure that legislation that has been passed is being implemented correctly according to what the law called for. Act 156, the Clean and Green Amendments are proposed for final regulations, and staff are reviewing the Act to ensure it meets the intent of the law. Drought Relief Legislation has over 10,000 applications in the pipeline with approximately 600 checks issued to landowners so date. Staff will be reviewing this process to see how it worked and whether the amount of money was adequate. It is anticipated the current legislative session will be a quiet one. The School Act Pesticide Notice may get some attention. Howes stated that a lot of time is now being devoted to the budget. Representative Raymond Bunt would like to see movement on the Agricultural Technology Loan Funds bill, which would provide low interest loans for irrigation low water use controls. Howes stated that there is a line item for the State Conservation Commission (SCC) in the PA Department of Agriculture budget proposal. It has been five years since the SCC has become an independent agency and the Commission's budget currently comes from the PA Department of Agriculture budget.

There being no further business the meeting was adjourned at 1:35 p.m.