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

        Larry Breech, PA Farmers Union
        Dr. Herb Cole, Penn state University
        Frank Long, PA Association of Conservation Districts
        Bill Wehry, USDA, Farm Service Agency
        Bill Adams, PA Farm Bureau
        Tom Oyler, Jr., Fruit Producer
        Robert Pardoe, Jr., Dairy Producer
        Sam Elkin, Livestock Producer
        Bill Bowers, USDA, Natural resources Conservation Service
        Karl Brown, PA Department of Agriculture
        Glenn Maurer, PA Department of Environmental Protection

        Milt Lauch, DEP, Bureau of Water Quality Protection
        Carol Young, DEP, Office of Water Management
        Craig Olewiler, DEP, Bureau of Land Recycling and Waste Management
        Tom Fidler, DEP, Bureau of Land Recycling and Waste Management
        Bob Poppenga, University of Pennsylvania
        Mohammad Farooq, DEP, Bureau of Water Quality Protection
        Bill Cummings, DEP, Office of Chief Counsel
        Marsha Brown, Adams County Dairy Farmer
        Curtis Kratz, Moyer Packing Company
        Jeffrey Clukey, DEP, Citizens Advisory Council
        DEP the Policy Office
        Robert Yowell, PA Department of Environmental Protection
        Dean Auchenbach, DEP, Bureau of Water Quality Management

Glenn Maurer, was introduced as the Board’s representative from the PA Department of Environmental Protection. It was noted that Donald Lichtenwalner, Grain Producer; and Robert Pardoe, Jr., Dairy Producer, were reappointed to three year terms on the Board by Governor Ridge on March 11, 1999. Their terms will now expire on March 10, 2002.

It was noted, for those Board members who receive reimbursement of travel expenses, that the mileage reimbursement rate was decreased from 32.5 cents per mile to 31 cents per mile, effective April 1, 1999.

No public comments were received.

It was noted that the name of Jackie Stonfer from the USDA, Farm Service Agency, was misspelled in the February 17, 1999 meeting minutes. The minutes were then approved with the noted correction.

All Board members were mailed a copy of the final Concentrated Animal Feeding Operation (CAFO) Strategy and the comment and responses document prior to the meeting. Carol Young, DEP, Office of Water Management, highlighted the final CAFO strategy. The strategy requirements state that for new or expanded CAFOs with more than 1,000 AEUs, all CAOs with more than 300 AEUs in special protection waters, and all farming operations with a direct discharge to surface waters (direct discharge means discharge under conditions less than a 25 year, 24 hour storm), will require an Individual NPDES Permit. All CAFOs outside of special protection waters, except new or expanded CAFOs with more than 1,000 AEUs may obtain a General NPDES Permit. The permit conditions will vary depending on whether an

Individual or General Permit is obtained. Karl Brown, PA Department of Agriculture, stated that DEP in conjunction with the State Conservation Commission must schedule meetings with farmers to explain the CAFO strategy. He noted that a great deal of confusion exists among the agricultural community regarding what is required by the CAFO strategy.

Board members were mailed a copy of the draft CAFO NPDES General Permit prior to the meeting. Milt Lauch, DEP, Bureau of Water Quality Protection, noted that the General Permit was published in the PA Bulletin on April 10, with the comment period closing on May 12, 1999. A farmer may obtain coverage under the general permit by completing the Notice of Intent form if they can meet all the conditions that are outlined in the General Permit. Lauch noted the conditions are fairly simple with the nutrient management plan being the central part of the General Permit. It was noted that for CAFOs with 301 to 1,000 AEUs, the General Permit may not be used if the operation is located in a special protection watershed. Existing CAFOs with over 1,000 AEUs may use the General Permit if the operation is not located in a special protection watershed. A list of special protection waters which are contained in the Chapter 93 regulations, may be obtained from DEP Regional Offices.

Board members questioned what a farmer would need to do if after they obtain a General Permit, the water designation changes to special protection waters. Would the farmer then be required to obtain an Individual NPDES Permit? The Department has determined that if a CAFO has obtained a General Permit in a non-special protection watershed that is later upgraded to special protection, the CAFO does not need to get an Individual Permit. Coverage may continue under the General Permit since the CAFO is an existing operation. Board members also questioned why the Preparedness, Prevention, and Contingency (PPC) Plan must list all chemicals related to the operation and stored on the farm. Lauch stated that the list of chemicals is necessary to ensure that a proper response is taken if there is a leak. Lauch noted that the PPC plan is fairly simple. A farmer must identify all chemicals stored for the CAFO, indicate where they will be stored, and what needs to be done if there is a leak. It was noted that for a leak the farmer may indicate that they will act in accordance with the federal chemical handling requirements. Bill Bowers, NRCS, recommended that item 7b on page 10 of the General permit be revised to reference federal chemical handling requirements.

Milt Lauch, DEP, noted that the board had previously commented on this regulation but that was before the CAFO strategy was developed. The Advanced Notice of Final Rulemaking was done to obtain more public input prior to final rulemaking due to the development of the CAFO strategy. The main concern the Board had expressed over these regulations was the freeboard requirements for waste storage impoundments. The NRCS freeboard standard is six inches for a concrete pit and one foot for a lined waste pit. Lauch noted that under section 91.35(d) of the regulations an agricultural operation, which contains less than 1,001 AEUs shall follow the NRCS freeboard standard. Operations with over 1,001 AEUs shall comply with the requirement to provide two feet of freeboard. The Chapter 91 regulations now also require Part II Water Quality Permits for agricultural operations over 1,000 AEUs to be consistent with the CAFO strategy. Lauch noted that the comment period for Chapter 91 regulations closes on May 26, 1999. The Board choose not to comment on these regulations but encouraged members to comment as individuals if they choose to do so.

Dr. Robert Poppenga, University of Pennsylvania, noted that DEP sent him information to study regarding concerns raised by Marsha Brown at the Board’s December meeting, about the effects of low level toxins on large animals. Dr. Poppenga stated that the University of Pennsylvania has been involved in a number of cases where producers felt that environmental contaminants were responsible for animal productivity decline or death. Dr. Poppenga stated that many times identifiable farm management factors may be contributing to the problem. There is often unwillingness by the producer to take corrective action or pursue appropriate diagnostic testing. He suggested that a multidisciplinary team approach is needed to study the problem, formulate a written investigation report, communicate to the producer the expected costs, and require that producer follow the recommendations.

Dr. Poppenga stated that a very thorough risk assessment was performed at the Brown farm. The contaminant levels are low and do not exceed the Maximum Contaminant levels (MCLs) set for human health protection. Dr. Poppenga stated that he feels the MCLs established to protect human health would adequately protect livestock health. He stated that the issue of multiple contaminants is still being addressed. Board members then discussed the need for a process to be developed which farmers could follow if they feel environmental factors are affecting animal health. Karl Brown suggested that before the Board proceeds with this issue we talk to the Animal Health Committee and the diagnostic lab system to see what system is in place at this time. Brown agreed to check into this issue and report back to the Board at the June meeting.

Robert Pardoe, Jr., Dairy Producer, questioned the status of Senate resolution 91. Karl Brown stated that Penn State University is developing the short management course for livestock intensive operation (LIO) operators. The BMP Manual has undergone several revisions and may be ready to go before the Agricultural Development Advisory Board in May. A community dispute resolution process is also under development at this time.

There being no further business the meeting was adjourned at 12:45 p.m..

Respectfully submitted,

Dean M. Auchenbach
DEP Liaison