Chairperson Brenda Shambaugh, PA State Grange, called the meeting to order at 10:00 a.m.

Members
Brenda Shambaugh, PA State Grange
Frank Long, PA Association of Conservation Districts
Lyle Forer, PA Department of Agriculture
Robert Pardoe, Jr., Dairy Producer
Bill Adams, PA Farm Bureau
Kristin Ebersole, Senate Agricultural and Rural Affairs Committee (Sen. Wenger)
Jay Howes, House, Agricultural and Rural Affairs Committee (Rep. Bunt)
Lynn Slabicki, House, Agricultural and Rural Affairs Committee (Rep. Cappabianca)
Michael Brendle, Poultry Producer
Tom Oyler, Jr., Fruit Producer
Robin Heard, USDA, Natural Resources Conservation Service
Bruce Holbrook, PA Department of Environmental Protection

Agencies, Advisors, and Guests
Larry Moyer, Moyer Packing Company
Curtis Kratz, Moyer Packing Company
Rod Kime, DEP, Bureau of Watershed Conservation
Carol Young, DEP, Bureau of Watershed Conservation
Cedric Karper, DEP, Bureau of Water Quality Protection
Kenn Pattison, DEP, Bureau of Water Quality Protection
Ayesha Bashir, DEP, Office of Policy
Steve Taglang, DEP, Office of Policy
Lee McDonnell, DEP, Bureau of Watershed Conservation
Greg Mahon, DEP Legislative Office
Don Fiesta, DEP, Bureau of Water Quality Protection
Patrick Henderson, Senate, Environmental Resources & Energy Committee
Larry Tropea, DEP, Deputy Secretary for Water Management
Stuart Gansell, DEP, Bureau of Watershed Conservation
Dean Auchenbach, DEP, Bureau of Water Quality Protection

No public comments were received.

Dean Auchenbach noted that Governor Ridge appointed Michael Firestine to the Board as the Agri-business representative. Mr. Firestine is the senior Vice-President of the Agricultural Group Banking Division of Lebanon Valley Farmers Bank. He also serves on the Council of Farm Organizations and runs a beef cattle farm. Mr. Firestine was not available to attend today’s Board meeting.

The minutes of the Board’s April 19, 2000 meeting were approved as distributed.

Chairperson Brenda Shambaugh suggested the Board change its meeting schedule from bi-monthly meetings to quarterly meetings for 2001. She noted that several meetings were cancelled in 2000 due to insufficient agenda items. Lynn Slabicki questioned whether it was more difficult to schedule an additional meeting or to cancel a scheduled meeting. Jay Howes suggested we retain the bi-monthly meeting schedule the Board has used in the past to ensure the Board is able to address all issues that may arise in the next year. Bob Pardoe, Jr., made a motion to retain the bi-monthly meeting schedule for 2001. Tom Oyler seconded the motion and the motion passed unanimously. The Board will meet on the following dates in 2001: February 21, April 18, June 20, August 22, October 17, and December 19.

Carol Young, DEP, Bureau of Watershed Conservation, distributed copies of the PA 2000 Water Quality Assessment 305(b) Report. The water quality assessment is a series of reports prepared in response to Section 305(b) of the Federal Clean Water Act, which requires the states to provide an assessment of water quality. Of the total of 83,161 miles of rivers and streams in the state 35,496 miles have been assessed, with 7,261 miles designated as impaired waterways. The source of impairment for 2,736 of these impaired miles is due to agriculture. Bill Adams noted that according to the figures in the 305(b) report, agriculture affects 7.7% of the total 35,496 assessed miles, and that 92.3% of the assessed miles were not affected by agriculture. This he noted is an example of positive things that Pennsylvania agriculture is doing.

Bill Adams questioned the designation of pesticide applications from agricultural activities as one of the top ten highest priority sources of groundwater contamination as identified on page 52 of the report. He noted that a USGS report entitled "Hydro Geologic Framework and Sampling Design for an Assessment of Agricultural Pesticides in Groundwater in Pennsylvania" (Bruce Lindsey and Tammy Bickford) found only three sites with concentrations of pesticides exceeding safe drinking water standards in an analysis of 1,159 private water supplies. Board members requested that a representative of DEP provide details of how groundwater contamination is monitored at the Board’s December meeting.

Bill Adams also requested that at the Board’s December meeting a representative of the Susquehanna River Basin Commission (SRBC) provide a presentation of their report by Robert Edwards and Charley Takita entitled "Nutrients and Suspended Sediment Transported in the Susquehanna River Basin, 1998, and Trends, January 1985 to December 1998."

Tom Oyler questioned whether this assessment would lead to more regulations for farmers. He suspects that some of the siltation problems currently blamed on agriculture are probably natural stream bank erosion. Oyler requested that more information regarding assessment techniques and data collection be presented at the Board’s next meeting.

Mike Brendle made a motion that the Board takes a position that when the Department finds impaired waters, the Department must notify all landowners along that waterway of the findings, prior to making the information public. Chairperson Shambaugh called for a second to that motion but no second was received and the motion died.

Greg Mahon, DEP Legislative Office, noted the Department is currently monitoring the following bills in the General Assembly. HB 393 and HB 866, which contains language to alter the way attorney fees are paid in mining cases; and HB 1088 which would renew an expired grant program for owners of underground heating oil tanks. Mahon stated that it is anticipated that water resources issues will get the attention of the Legislature in their session next year. An integrated water resources team has been formed by the Department to craft the direction for water resource issues. In response to a question regarding Growing Greener Grants, Mahon acknowledged that Growing Greener grants funds have been awarded for watershed assessments. Tom Oyler requested that the Department provide a report at the Board’s next meeting regarding Growing Greener projects funded and accomplishments to date.

Steve Taglang, DEP, Office of Policy, noted that on June 22, 2000 Governor Ridge signed into law "Growing Smarter" initiatives in Acts 67 and 68, which marks the most dramatic change in state government in state land use law in 30 years. These new laws encourage sound land use planning at the local level and requires state agencies to consider local land use ordinances and comprehensive plans in making certain permit and funding decisions. On August 21, 2000 the Department adopted an interim policy which outlines the basic steps DEP will use to consider local land use plans and ordinances when reviewing permit applications for facilities or infrastructure. The purpose of the interim policy is to avoid or minimize conflicts with local land use ordinances or plans when DEP makes certain permit decisions. Public comments on the interim policy were accepted until October 16^th and the Department is currently assessing the comments received. It is anticipated this policy will affect only 3% of the approximately 25,000 permits issued by DEP since most applicants have already obtained local approvals before they come to DEP, and most areas where DEP permits are issued have neither zoning or comprehensive plans. Taglang noted that any conflicts with local zoning or plans would be sent to the DEP Central Office to ensure program consistency statewide. Even if there is a conflict a DEP permit could still be issued but DEP must first consider local zoning and planning.

Larry Tropea, DEP, Deputy Secretary for Water Management, noted that four statewide hearings were held regarding the Special Protection Waters Program. The Department testified at three of these hearings and feels the program is sound and essential and that special waterways need to be protected because if we don’t do it they won’t be there in the future. The Special Protection Waters Program began in 1968 to protect the best of the best. The Special Protection Waters regulations were revised in 1999 and currently 1,700 miles of stream are designated as exceptional value and 19,000 miles of streams as high quality. A stream must qualify for protection based on the assessment, which takes into account existing use of adjacent land. Existing uses of adjacent land are not told what they have to do to meet the standards. Tropea noted that agricultural and timber harvesting activities currently operate along Special Protection Waters.

Patrick Henderson, Executive Director, Senate Environmental Resources and Energy Committee, noted that Senator Mary Jo White (R-Venango) has differences with DEP regarding the Special Protection Waters Program, but has appreciated the professionalism shown by DEP regarding this issue. Henderson noted the primary concern of Senator White is that the state program exceeds the minimum federal standards by mixing the three tier levels of federal protection together. Senator White wants to work with DEP to address her concerns and to educate the members of the General Assembly. Deputy Secretary Tropea stated the Department is prepared to work with the Senator to address her concerns regarding this issue.

Deputy Secretary Tropea also noted that Secretary Jim Seif recently directed DEP to proceed with developing an integrated approach to water resources management that considers both the quantity and quality of ground and surface waters. He has been asked to form a team of internal experts to consider Pennsylvania’s broad range of water needs and draft a legislative proposal for comprehensive, integrated water management. A series of statewide informational meetings will be held on this issue within the next six months to get a broad range of interests prior to developing final recommendations. Jay Howes remarked that when we look at water resource issues we should remember that agriculture provides extensive water recharge areas. He noted that too often water resource issues only focus on the consumptive side of the issue. Tropea stated that Agriculture would have a seat at the table in developing the final recommendations.

Lee McDonnell, DEP, Bureau of Watershed Conservation, provided an outline of the Total Maximum Daily Load (TMDL) process in Pennsylvania. States are required to develop TMDLs following a lawsuit against EPA in 1997. McDonnell noted that a TMDL is the amount of pollutant loading that a water body can assimilate and still meet water quality standards. Streams that do not meet water quality standards are listed on a state 303(d) list and are then scheduled for TMDL development. The TMDL is a planning tool to assist states in developing their pollution reduction goals to improve impaired waters so they meet water quality standards. DEP or an associated contractor will estimate reduction goals for specific pollutants in the watershed, so that if the goals are met, water quality standards will be achieved. Local entities will then develop implementation plans to met the goals set in the TMDL. Remediation activities will then take place and the watershed will be re-surveyed to determine if the stream segment now meets water quality standards. Current categories for TMDL development in Pennsylvania include point source impairments, fish consumption advisories, acid mine drainage, lakes, and non-point source impairment. Further information on TMDLs can be obtained on the Department’s website at http://www.dep.state,pa.us by typing TMDL in the direct link box.

Chairperson Shambaugh noted she received a letter from Representative Victor Lescovitz (D-Washington) regarding the issue of pond construction and dredging of existing ponds. The agricultural community has expressed concern that there is too much red tape, financial burden and bureaucracy involved in constructing farm ponds. Representative Lescovitz has requested the Board discuss the issue of farm ponds at its next meeting. Chairperson Shambaugh requested that DEP arrange for a speaker to address this issue at the December Board meeting.

There being no further business the meeting was adjourned at 2:00 p.m.