Background for Agenda Item: Preview of Agricultural Issues in Advanced Notice of Final Rulemaking for Chapter 91 Regulation.

The Department is proposing an advanced notice of final rulemaking for Chapters 91, 97 and 101 in order to allow for additional comments on proposed revisions to Sections 91.35, Wastewater impoundments and 91.36, Pollution control and prevention at agricultural operations. The proposed rulemaking for Chapters 91, 97 and 101 was published in the Pennsylvania Bulletin on August 23, 1997.

Subsequent to the proposed rulemaking on August 23, 1997, the Department developed a "Strategy for Meeting Federal Requirements for Controlling the Water Quality Impacts of Concentrated Animal Feeding Operations". This CAFO strategy and the accompanying permit documents were published as final on March 13, 1999 in the Pennsylvania Bulletin. The proposed rulemaking is inconsistent with the content of the CAFO strategy and has been revised. These revisions are significant and will impact agriculture.

The advanced notice of final rulemaking for Chapters 91, 97 and 101 provides an opportunity for additional comments on the proposed revisions that were made to make these regulations consistent with the CAFO strategy.