Chairperson Bill Adams, PA Farm Bureau, called the meeting to order at 10:05 a.m.

Bill Adams, PA Farm Bureau
Robin Heard, USDA, Natural Resources Conservation Service
Frank Long, PA Association of Conservation Districts
Lyle Forer, PA Department of Agriculture
Bill Wehry, USDA, Farm Service Agency
Carl Shaffer, Vegetable Producer
Robert Pardoe, Jr., Dairy Producer
Brenda Shambaugh, PA State Grange
Jay Howes, House, Agriculture and Rural Affairs Committee (Rep. Bunt)
Kristin Ebersole, Senate, Agriculture and Rural Affairs Committee (Sen. Waugh)
Michael Brendle, Poultry Producer
Neil McAuliffe, Senate, Agriculture and Rural Affairs Committee (Sen. O’Pake)
Mike Firestine, Agri-business Representative
Bruce Holbrook, PA Department of Environmental Protection

John Nikoloff, Capital Associates
Bill Gerlach, Chesapeake Bay Foundation
Melanie Wertz, Chesapeake Bay Foundation
Joel Myers, USDA, Natural Resources Conservation Service
Bill Achor, Wenger’s Feed Mill Inc.
Joe Sieber, DEP Policy Office
Michele Corbin, PA Landscape and Nursery Association
John Cameron, USDA, Farm Service Agency
Don Fiesta, DEP, Bureau of Watershed Management
Carl Rohr, DEP, Bureau of Watershed Management
Rick Shertzer, DEP, Bureau of Water Supply and Wastewater Management
Curtis Kratz, Moyer Packing Company
Dean Auchenbach, DEP, Bureau of Watershed Management

John Nikoloff, Capital Associates, expressed a concern that the fish consumption advisories issued in Pennsylvania by DEP, the PA Fish and Boat Commission, and through the Great Lakes Initiative have had a very negative effect on Pennsylvania’s commercial aquaculture fish farmers. Nikoloff stated the media then twist these advisories to make it appear that eating fish is unhealthy. He suggested the Board discuss this issue at its next meeting. Carl Shaffer made a motion that the Board address the concern regarding fish consumption advisories at the June meeting. The motion was seconded by Mike Brendle and passed unanimously by the Board.

The minutes of the February 21, 2001 meeting were approved as distributed.

Alisa Harris, DEP, Office of Chief Counsel, reviewed the background of the environmental justice movement and how the Department’s Environmental Justice Workgroup developed its draft report. The focus of the report is how DEP can address environmental justice concerns in minority, low-income, and mining communities, which generally suffer disproportionately from pollution and environmental contamination. The workgroup developed the draft report over an 18-month period. The report recommends that DEP: improve communication with all communities; improve community outreach; increase DEP’s sensitivity to issues of diversity; restore environmentally burdened areas; consider additional impacts in reviewing permits; and enhance monitoring and enforcement activities. To appropriately define low-income and minority communities, the workgroup used the 1990 U.S. Census data, which is the most recent available, to select appropriate criteria. A minority community is defined as any U.S. census tract with a 30% or greater minority community. A low-income community is any U.S. census tract with 20% or more of its population at or below the poverty level as defined by the U.S. Census Bureau. A mining community is defined by the area utilized or impacted by the mining activity, plus an additional one-half mile radius around the boundary of the area, used or impacted by the mining activity. Since DEP reviews more than a thousand different types of permits the workgroup identified a list of Trigger Permits that warrant higher scrutiny by the Department when they are proposed for minority, low-income, or mining communities. Trigger Permits are those DEP regulated activities that may lead to significant public concern due to potential impacts on human health. The land application of biosolids and concentrated animal feeding operation (CAFO) permits are on the list of Trigger Permits and are probably of most interest to the Board.

Board members expressed concern that groups or individuals that oppose an activity such as a CAFO or the land application of biosolids may use the Environmental Justice process as a tool to stop those activities. Robert Pardoe, Jr., made a motion that the Board recommends the Department remove the land application of biosolids and CAFO permits activities from the list of "Trigger Permits" in the Environmental Justice process. Frank Long seconded the motion, and the motion was passed unanimously by the Board. Chairperson Bill Adams will provide a letter from the Board regarding this motion by the April 23^rd comment deadline.

A set of talking points was developed by the Board’s Water Management Resources Committee, and mailed to all Board members prior to the meeting (see attachment #1.) Board members discussed the talking points and made the following suggested revisions. Jay Howes suggested that a statement be added as # 10, supporting the priority use of water for agriculture in drought situations. Bill Adams noted he had received a comment prior to the meeting that statement # 4 be revised to remove the word "open space" and just concentrate on agricultural land. Jay Howes noted that open space areas do provide recharge areas and should receive credit also. He suggested that if you use additional best management practices you should receive additional credits. The Board then agreed to retain the word "open space" and to add a reference in statement # 4 to receive additional credits for the use of best management practices. Carl Shaffer made a motion to approve the talking points with the above noted revisions. Dr. Herb Cole seconded the motion and the Board passed the motion unanimously.

Joe Seiber, DEP, Office of Policy, announced that DEP in partnership with the Department’s of Community and Economic Development, Conservation and Natural Resources, and Agriculture have scheduled 15 public forums titled "Water – Is Our Future Draining Away?" to discuss Pennsylvania’s current and future water needs. A list of the dates and locations of the public forums was distributed to the Board members, and members were encouraged to attend.

Rick Shertzer, DEP, Bureau of Water Supply and Wastewater Management, noted that to date, of the 83,000 miles of streams in Pennsylvania, 45,200 miles (54%) has been assessed, with approximately 8,000 miles (18%) identified as impaired. Agriculture has been identified as causing 6.4% of the impairment in total miles of stream in the state, and 35% impairment of the 18% of impaired water miles in the state. Shertzer noted that historically agriculture and mine drainage are usually the top two sources of impairment in Pennsylvania. The four top causes of impairment are sediment, metals, nutrients, and pH problems.

Robert Pardoe, Jr., questioned whether these statistics speak well or poorly for agriculture. Shertzer noted that is difficult to establish at this time since not all assessments have been completed, but since agriculture is historically one of two top sources of impairment the statistics are a continued cause of concern. Carl Shaffer questioned whether copies of maps and statistics regarding the stream assessments could be provided to Board members. He also questioned whether stream assessment data from neighboring state’s could be provided to see how Pennsylvania is doing compared to those states. Shertzer stated he will provide the maps and statistics to Board members and he would try to provide stream assessment data from neighboring states. He did note the information on neighboring states would be interesting but has less relevance to Pennsylvania since the data is used to identify a problem area and then take corrective actions. He noted that Total Maximum Daily Loads (TMDLs) would be prepared for impaired waters. An opportunity for public comments will be provided during the TMDL process. Bill Adams questioned whether the Department would require zero erosion from farms in the future. Shertzer stated that there will always be natural erosion occurring but DEP will address accelerated erosion caused by man’s activities on the land.

Joel Myers, USDA, Natural Resources Conservation Service (NRCS), noted that USDA requires all states to have a policy in place for Comprehensive Nutrient Management Plans (CNMP), which address phosphorus by May 1, 2001. The policy was to be implemented on October 1, 2001, but Pennsylvania requested a waiver and has been granted an extension until May 2002. A phosphorus based nutrient management plan will be similar in format to an Act 6 nutrient management plan with the phosphorus part of the plan as an add on. All farmers who seek technical or financial assistance from NRCS will be required to develop a CNMP, which address phosphorus. The phosphorus index strategy will require farmers to address phosphorus in critical source areas, which are those fields with a high source of Phosphorus and a high transport potential. The phosphorus index will include a screening tool, which will be applied to all fields, will be simple, and will reduce planning time.

A typical farm application will have a nitrogen based nutrient management plan developed as presently required. The P index-screening tool will then be run on all fields. A complete P index will be run on those fields that have a high potential for P loss, generally those fields with a high P level close to a water body or imperfectly drained. The P index may result in a phosphorus restriction for the entire field, part of the field, or no restrictions. A landowner may also apply additional BMPs or modify their management system to lower the P index.

NRCS will be providing training sessions in August for planners and reviewers on the development of phosphorus based nutrient management plans. Additional workshops will be scheduled in the fall. Certification of plan preparer and reviewers will be required, with NRCS staff being certified first. Myers noted that a farmer under a current USDA contract prior to October 1^st with a nitrogen based plan will follow their N based plan for the balance of the contract.

Several Board members expressed concern over whether adequate funding was available to assist farmers in implementing phosphorus based nutrient management plans. Myers noted that EQIP money could be directed to this effort. Board members noted that EQIP has priority areas and farmers outside of those areas would not have access to those funds. Board members stated that since this is a federal requirement federal cost share money should be available to assist farmers.

Doug Goodlander, State Conservation Commission, was unavailable so this agenda topic was tabled until the Board’s June meeting.

Greg Mahon, DEP Legislative Office, was unavailable for Today’s meeting.

Chairperson Bill Adams noted the Board currently has four vacancies for producer members. These vacancies are for the grain, sustainable agriculture, ornamental horticulture, and Dairy Producers. Robert Pardoe, Jr., the Dairy Producer, resigned in October 2000 but agreed to continue to serve until replaced. Adams noted that he is working with the other farm organizations to develop a list of names for recommendations to fill the producer member vacancies. Adams noted it is important to fill these vacancies to ensure a quorum of members at Board meetings. It was also noted that producer members are appointed by the Governor to three-year terms on the Board.

Robin Heard, USDA, Natural Resources Conservation Service, announced that State Conservationist Janet Oertly has accepted a position with NRCS in South Dakota. She will be leaving Pennsylvania in early June and her new position starts June 17^th. Heard noted the vacancy for the District Conservationist position has been advertised and will close on May 2^nd.

There being no further business the meeting was adjourned at 1:15 p.m.