The meeting was called to order by Chairperson Larry Breech, PA Farmers Union, at 10:15 a.m.

Members
Larry Breech, PA Farmers Union
Dr. Herb Cole, Penn State University
Lyle Forer, PA Department of Agriculture
Frank Long, PA Association of Conservation Districts
Robert Pardoe, Jr., Dairy Producer
Bill Adams, PA Farm Bureau
Larry Cogan, Ornamental Horticulture Producer
Tim Murphy, USDA, Natural Resources Conservation Service
Glenn Maurer, PA Department of Environmental Protection

Cedric Karper, DEP, Bureau of Water Quality Protection
Marcia Brown, Adams County Dairy Farmer
Doug Goodlander, State Conservation Commission
John Enck, PA Department of Agriculture
Stuart Gansell, DEP, Bureau of Watershed Conservation
Barbara Beshore, DEP, Bureau of Water Quality Protection
Walt Peechatka, PennAg Industries Association
Curtis Kratz, Moyer Packing Company
Melanie Wertz, Chesapeake Bay Foundation
Barbara Kooser, Chesapeake Bay Foundation
Mohammad Farooq, DEP, Bureau of Water Quality Protection
Leigh Cohen, DEP, Bureau of Regulatory Counsel
Don Fiesta, DEP, Bureau of Water Quality Protection
Bill Cummings, DEP, Office of Chief Counsel
Bernie Hoffnar, DEP, Pollution Prevention and Compliance Assistance
John Mank, DEP, Bureau of Water Quality Protection
Bruce Holbrook, DEP, Bureau of Water Quality Protection
Tom Juengst, DEP, Bureau of Water Quality Protection
Steve Taglang, DEP, Office of Policy
Dean Auchenbach, DEP, Bureau of Water Quality Protection

Larry Breech noted that on May 20, 1999, Donald Lichtenwalner, Grain Producer, submitted his letter of resignation from the Board to DEP Secretary James Seif.

Larry Breech noted that Carl Shaffer's father recently passed away, and the Board will send a sympathy card to him and his family.

No public comments were received.

The minutes of the April 21, 1999 meeting were approved as distributed.

Chairperson Larry Breech noted that the Board now has two vacancies for producer members. These vacancies are for the Agri-business representative and the Grain Producer. Chairperson Breech suggested that each farm organization submit recommendations of names (with resumes) to fill those vacant positions. A producer member committee was then appointed by the Chairperson to meet prior to the Board's August meeting to review the recommendations and forward a recommended name for each position to the Governor's Office. It was noted that the Governor would make the final selection of the producer members. The producer member committee will consist of Bill Adams, Brenda Shambaugh, and Larry Breech.

Ken Murin and Ken Reisingner, DEP, Bureau of Water Quality Protection, summarized the sections of the Chapter 102 Regulations that pertained to agricultural plowing and tilling. Members were mailed a copy of the regulations to review prior to the meeting. Lyle Forer, PA Department of Agriculture, stated that it is important to maintain the term "conservation plan" in the chapter 102 regulations in order to be consistent with Section 316 of the Clean Streams Law (Act of 1937, P.L. 1987, No.394). A copy of a draft definition for "conservation plan" was distributed. Forer also suggested that the language from section 316 of the Clean Streams Law be added to the regulations regarding exclusion from the penalties of the Act for a fully implemented and maintained conservation plan. Bill Adams, PA Farm Bureau, made a motion that the Chapter 102 regulations be revised to reinstate the term "conservation plan" as defined in the draft definition distributed at the meeting; and that language from section 316 of the Clean Streams Law also be added to the regulations. Dr. Herb Cole, Penn State University seconded this motion, and the motion was passed unanimously by the Board.

Frank Long, PA Association of Conservation Districts, questioned the disturbance limit of 5,000 square feet requiring an erosion and sediment control plan. Ken Murin noted that the current regulations contain no disturbance limits so disturbances of less than 5,000 square feet would require a plan. Some members also questioned section 102.4 (b) (3) which requires that an erosion and sediment control plan shall be prepared by a person trained and experience in erosion and sediment control methods and techniques. Board members questioned whether this required a person with a garden over 5,000 square feet to hire someone to develop an erosion and sediment control plan. Department staff agreed to look into this into this issue. Robert Pardoe, Jr., Dairy Producer, made a motion that the Board concur with the proposed regulations based on the recommended revisions unanimously approved in the previous motion. Larry Cogan, Horticulture representative, seconded this motion, and the motion was passed unanimously. A letter outlining the Board's recommendations was sent to the Department (Attachment # 1.)

Ken Murin noted that once the Chapter 102 regulations are finalized the Department would like to bring the draft Agricultural Erosion and Sediment Manual before the Board to finalize it. Murin noted that the Board had previously reviewed the draft manual.

In follow-up to the Board's discussion regarding animal health concerns and environmental factors, Dr. John Enck, PA Department of Agriculture outlined a proposal to establish a working group to rapidly evaluate animal health concerns. Dr. Enck noted recent problems regarding animal health issues in Malaysia and Belgium have highlighted the need for a quick response by government agencies and the private sector to animal health concerns. The proposed working group would be able to respond to emergency situations as well as research the issue of chronic, long term, low-level exposure to toxins by animals. The working group members would include government agencies, Penn State Extension, University of Pennsylvania Veterinary School, farm organizations, legislative representation, and agricultural engineers. The working group members would appoint a team leader who would develop the investigative team: determine the area of investigation and expertise needed; accumulate and consolidate data; review data with the investigative team and develop recommendations; provide an implementation report to the concerned citizen; provide closure to the case; and serve as the point person for the press. Resources from the PA Department of Agriculture would be available to assist the working group. These include the Bureau of Animal Health and Diagnostic Services, Animal Health and Diagnostic Commission, Plant Industry, and Food Safety.

Dr. Herb Cole, Penn State University, made a motion that the board strongly supports the working group proposal, and encourages that it be implemented as quickly as possible with essential and appropriate funding. Robert Pardoe, Jr., Dairy Producer, seconded the motion, and the motion was passed unanimously. Chairperson Larry Breech noted that a letter of support would be sent to DEP Secretary Seif and PDA Secretary Hayes. (Attachments 2 & 3)

Stuart Gansell, DEP, Bureau of Watershed Conservation, noted that the Board had been briefed on the draft Antidegradation regulations, and their impact on agriculture, by Dr. Hugh Archer at its February meeting. Gansell noted that the amendments to the regulations has been a five year process with approximately 2,400 comments received and many public hearings and meetings held. On May 19, 1999, the Environmental Quality Board unanimously approved the regulations. The regulations will now be sent to the Independent Regulatory Review Committee for further review. The Department will now develop a strategy for updating the implementation guidance. This work will be done through the Department's Water Resources Advisory Committee (WRAC), which had its membership expanded from 14 to 20 members to address this issue. Bill Adams, PA Farm Bureau, was one of the additional members appointed to the WRAC to work on this issue. It is anticipated that the final draft of the implementation guidance will be developed by November/December 1999, and will then go out for public comments. Gansell noted that if a farmer receives a general permit and the watershed is later redesignated to a special protection watershed, the farmer may continue to operate under the conditions of the general permit, since it is an existing use. Any new proposed operation in the watershed would require an individual permit. Gansell agreed to update the Board on this issue as needed.

Doug Goodlander, State Conservation Commission updated the Board on the status of Pennsylvania's Nutrient Management Act Program. As of October 1, 1998, (the end of the first program year) 742 farmers had come forward to participate in the program. Of those, 629 were CAOs and 113 volunteers. As of March 31, 1999, 641 operators had submitted nutrient management plans to conservation districts or the commission for review and approval, with 392 of those submitted plans being approved. There are currently 54 conservation districts delegated to administer the program on behalf of the Commission. Certification training is continuing to train people to write nutrient management plans. There are currently 116 individual specialists (farmers), 141 commercial specialists, 26 public specialists, and 94 commercial/public specialists certified in the program. The Plan Development Incentive Program (PDIP) is available to provide money to farmers to develop an approved nutrient management plan. There are 47 conservation districts assisting in the administration of the PDIP and as of March 1999 the program has processed 360 PDIP applications, covering approximately 32,600 acres. The Commission, with the assistance of PDA and working with the legislature and Department of Treasury, developed the Agri-Link low interest loan program. This program will provide low interest loan funds to assist farmers in implementing their approved nutrient management plans. The Commission approved a 4% interest buy down for the program and released $4 million to be offered initially. These loan funds will be offered to farmers through their local banks or farm Credit office. Goodlander also noted that the DEP Concentrated Animal Feeding Operation (CAFO) Program has been finalized and links very closely to the Nutrient management Program. The Commission is also developing policies and initiating efforts to enforce the Nutrient Management Act provisions.

Board members questioned whether the Nutrient Management Act provides for a public review of the nutrient management plan. Goodlander stated that the Act does not provide for public review of the plans, but due to Pennsylvania's right to Know Law, the Commission has developed a policy to provide public review. That policy states that once the plan is in its final form and ready for district board approval (at least seven days prior to district board action) the district may release the plan for public review. Robert Pardoe, Jr., questioned why so few of the people that get certified are writing nutrient management plans. Goodlander stated that nutrient management plans are difficult to write and are a time consuming process. Many plan writers get frustrated and have dropped out of the process. He also noted that many people take the training for educational reasons and have no plans to write nutrient management plans. Frank Long questioned how banks were being informed about the Agri-Link Program. Goodlander stated that information was sent to banks and conservation districts. Tim Murphy, Natural Resources Conservation Service (NRCS), suggested that NRCS staff be given this information as well as Farm Service Agency (FSA) staff.

Bill Adams, Pa Farm Bureau, distributed portions of the draft copy of the Manure Management Manual, and questioned whether the draft manual was in conflict with the Nutrient management Act, particularly in regards to the issue of phosphorus. Mohammad Farooq, DEP, Bureau of Water Quality Protection, noted that the Manure Management Manual was developed in 1986, and since that time many changes have occurred, so the manual is being updated to be consistent with Act 6. He also noted that the department has never fined a farmer for over application of phosphorus. Leigh Cohen, DEP, Bureau of Regulatory Counsel, stated that the Manure Management Manual is a guidance document, which has been incorporated into the Chapter 91 regulations, to state that a farmer must use the manual guidance or get a permit from the Department. The Nutrient Management Act is a separate program, which is based on nitrogen planning. Glenn Maurer, DEP, stated that the larger issue here is phosphorus and the Board should not ignore this issue but rather take a proactive approach. He noted that both Maryland and Virginia have phosphorus based nutrient requirements, and that with the transport of nutrients, Pennsylvania may well become the place to send these nutrients. He stressed the Board's need to be involved in the dialogue of developing Pennsylvania's strategy for phosphorus.

Bill Adams made a motion that the Board appoint a committee to investigate potential conflicts between the Manure Management Manual and Act 6. Frank Long seconded this motion and the motion passed unanimously. Chairperson Larry breech appointed the following as committee members: Bill Adams, Chairperson; Mohammad Farooq; an NRCS Representative; Dr. Herb Cole; a PA Department of Agriculture representative, Brenda Shambaugh, Jay Howes, and a members of the Nutrient Management Advisory Board (Ron Meck was suggested); and Larry Breech. The committee will meet prior to the Board's August meeting. Mohammad Farooq stated that the Department would give the Board a presentation on the Manure Management Manual at its August meeting.

Chairperson Breech noted that on behalf of the Board he sent a thank you note to Representative John Gordner, who supplied the U.S. and Pennsylvania flags for the first floor conference room in the Rachel Carson State Office Building. (Attachment # 4)

Chairperson Breech noted that Colorado has developed new hog operation regulations and suggested it would be worthwhile for the Board to look at these regulations. Chairperson Breech stated that he will obtain a copy of the regulations and suggested that this issue be discussed at the Board's august meeting. Robert Pardoe, Jr. cautioned that the Board should not give the impression of supporting these regulations

There being no further business the meeting was adjourned at 2:10 p.m. The next meeting of the Board will be on August 25, 1999.

Respectfully submitted,

Dean M. Auchenbach
DEP Liaison