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

Larry Breech, PA Farmers Union
Bill Adams, PA Farm Bureau
Dr. Herb Cole, Penn State University
Lyle Forer, PA Department of Agriculture
Robert Pardoe, Jr., Dairy Producer
Janet Oertly, USDA, Natural Resources Conservation Service
Bill Wehry, USDA, Farm Service Agency
Carl Shaffer, Vegetable Producer
Owen Thomas, Senate, Agriculture and Rural Affairs Committee (Sen. Slocum)
Lynn Slabicki, House, Agriculture and Rural Affairs Committee (Rep. Cappabianca)
Jay Howes, House, Agriculture and Rural Affairs Committee (Rep. Bunt)
Sam Elkin, Livestock Producer
Tom Oyler, Jr., Fruit Producer
Glenn Maurer, PA Department of Environmental Protection

Kristin Ebersole, Senate, Agriculture and Rural Affairs Committee (Sen. Slocum)
Larry Nygren, DEP, Bureau of Water Quality Protection
Duke Pepper, DEP, Office of Chief Counsel
Jerry Seyler, Grain Producer
Brian Trulear, U.S. Environmental Protection Agency, Region III
Eva Ammentorp, U.S. Environmental Protection Agency, Region III
Donald Needham, Needham's Mushroom Farms
Curtis Kratz, Moyer Packing Company
Melanie Wertz, Chesapeake Bay Foundation
James Walsh, DEP, Office of Water Management
Bruce Holbrook, DEP, Bureau of Water Quality Protection
Mary Truschel, DEP, Office of Chief Counsel
Cedric Karper, DEP, Bureau of Water Quality Management
Tom Juengst, DEP, Bureau of Water Quality Protection
Ken Reisinger, DEP, Bureau of Water Quality Protection
John Mank, DEP, Bureau of Water Quality Management
Steve Taglang, DEP, Office of Policy
Carl Rohr, DEP, Bureau of Watershed Conservation
Mohammad Farooq, DEP, Bureau of Water Quality Protection
Don Fiesta, DEP, Bureau of Water Quality Protection
Dean Auchenbach, DEP, Bureau of Water Quality Protection

Public Comment Period

No public comments were received.

Minutes

The minutes of the June 16, 1999 meeting were approved as distributed.

Chairperson Breech noted that Bill Adams, Brenda Shambaugh, and he met on August 18^th to review nominations to fill vacancies for the Grain Producer and Agri-business Representative positions on the Board. After reviewing resumes, the committee recommended that Donald Needham, a mushroom producer from Chester County be appointed as the Agri-business representative; and Gerald Seyler, a Grain Producer from Clinton County be appointed as Grain Producer. The Chairperson recommended that the Board approve those individuals for membership and forward their names to the Governors Office for approval. Dr. Herb Cole made a motion that the Board approve the recommendation of Mr. Needham as Agri-business Representative and Mr. Seyler as Grain Producer, and that their names be forwarded to the Governors Office for approval. Lyle Forer seconded the motion, and the motion was passed unanimously.

Dean Auchenbach noted that the Department has prepared an Advanced Notice of Final Rulemaking (ANFR) for Water Quality Chapters 16, 92, 93, 95, 96, and 97 of the Department's regulations. The draft final regulations are currently under internal review and once complete will be published in the PA Bulletin for a 30 day comment period. Board members will be mailed a copy of the ANFR for their review prior to the October meeting. The Department will provide an update on the ANFR for the Water Quality Chapters at the October meeting.

Ken Reisinger, DEP, Bureau of Water Quality Protection, questioned whether the Board would prefer a separate manual or merely references to other sources to meet the requirements of the Chapter 102, Erosion Control Regulations for agricultural plowing and tilling. Reisinger suggested that a reference be placed in the beginning of the Erosion and Sediment Pollution Control Program Manual, advising those involved in agricultural plowing and tilling that Best Management Practices (BMPs) for agriculture are found in the PA Technical Guide and the Conservation Catalog. The Department could also develop a fact sheet that would outline basic planning requirements, reference the PA Technical Guide and Conservation Catalog, and provide a sample plan with basic erosion and sediment control elements. Bill Adams, questioned the statement on page 5 of the draft manual that requires that a conservation plan be prepared by a person trained and experienced in erosion and sediment control techniques. Reisinger stated that that statement would be deleted. Robert Pardoe, Jr., made a motion that the Department develop a reference sheet and fact sheet as suggested and bring them back to the Board for review at its October meeting. Bill Adams seconded the motion and the motion was passed unanimously.

Chairperson Breech noted that he received a response letter to the Board's July 8, 1999 letter to Secretary of Agriculture Sam Hayes, regarding Dr. John Enck's working group proposal to evaluate animal health concerns. In his letter Secretary Hayes notes that he requested $100,000 for the current fiscal year to begin the development of an emergency response protocol with regard to foreign and exotic diseases (animal). Chairperson Breech noted that he sent a letter to Secretary Hayes on August 19^th reaffirming the Board's support for the working group, and emphasizing that the scope and mandate of the group must include the ability and opportunity to investigate the potential for harm via low level exposure to toxins by animals, when these situations occur within the boundaries of Pennsylvania.

Chairperson Breech distributed information regarding Amendment 14, the state of Colorado's new swine regulations, which contains two components, water and air quality protections. Chairperson Breech noted the purpose of distributing this information is to make members aware of what other states are doing to address agricultural issues. Under Amendment 14 (which was passed by 64% of the voters in the November election) facilities with a capacity of 800,000 pounds or more of swine are required to get a permit for both water and air quality, and follow specific requirements as outlined in the regulations. The state of Colorado felt is was necessary to develop new regulations since the current state water quality regulations and their enforcement were not adequate to monitor the rapidly changing and expanding swine industry.

Chairperson Breech also distributed a newsletter regarding the development of Maryland's Nutrient Management Regulations. It was noted that a speaker from the Maryland Department of Agriculture will provide an update on the draft regulations at the Board's October meeting.

Bill Adams, noted that the Manure Management Manual Committee met at the PA Farm Bureau Office on July 26^th to investigate potential conflicts between the Manure Management Manual and the Nutrient Management Regulations. This Committee was formed at the Board's June meeting after members questioned whether the draft manual was in conflict with the Nutrient Management Regulations, particularly in regards to the issue of phosphorus. Cedric Karper stated that if phosphorus is causing a pollution problem, and is tracked to a farming operation, the Department has the authority under the Clean Streams Law to require phosphorus based nutrient management plan for that operation. Duke Pepper noted that the Clean Streams Law provides authority to the Department to establish planning requirements for phosphorus based nutrient management planning. Bill Adams warned that phosphorus based planning will cause the demise of many small farms in Pennsylvania. He noted that the PA Farm Bureau is not comfortable with the revised Manure Management Manual and will send a letter to the Department requesting that its name be removed from the manual. Adams noted that the Committee made no specific recommendations regarding the revised manual. Cedric Karper and Duke Pepper assured the Board members that the revisions to the manual do not change authorities, interpretations of authorities, or the reach of the manual.

Mohammad Farooq noted that the Manure Management Manual has been in existence for over 20 years, and was last updated in October 1986. The recent revisions to the manual include the addition of the Nutrient Management Act requirements, Concentrated Animal Feeding Operation (CAFO) requirements, and changes to the Chapter 92 regulations. In addition to those revisions, the sections on legal and management aspects of animal manure's, and operation and maintenance were rewritten. A new section on planning, design and construction of manure management systems was added. Farooq stated that a notice of proposed revisions will appear in the July 24^th PA Bulletin, with comments due by September 8^th. Farooq noted that the goal of revising the manual is to update the manual with current requirements. Duke Pepper noted the manual is a guidance document that regulations require operators to follow. The Board had no further comments regarding the draft manual.

Carl Shaffer discussed his concerns regarding the Department's ability to effectively administer its programs to implement regulations. He noted that staffing resources and implementation procedures need to be improved in order to prevent confusion and frustration on the part of clients. He cited two specific examples. The first was his efforts to obtain a grant under the Pump and Plug Grant Program for removing underground storage tanks. He was initially told that he could not start the work until the grant was approved. After being notified by the Department that he was turned down for the grant, he was instructed to proceed with the removal of the underground storage tank and reapply for a grant. He hired a certified installer who removed the tank and completed the closure report. He then applied for as grant but was notified in May 1999 that he was ineligible since he had not paid his 1999 registration fees for the tank. Shaffer noted that he did not pay the 1999 registration fees because he closed out the tank in 1998. The other example he cited was a proposed Concentrated Animal Feeding Operation (CAFO) dairy operation in Columbia County. That operation was told it will take a minimum of four months to obtain a CAFO permit. Shaffer stated that he was told a CAFO permit could be obtained in 45 days. Shaffer noted that he did not want to address the specific cases he raised as examples but he did request that a DEP official address his overall concern regarding the Department's ability to effectively administer its programs to the public at the October meeting. Bill Adams requested that someone from the Department explain the permitting process and the timelines. Other Board members supported those requests and a speaker from the Department will address those issues at the next meeting. Dukes Pepper noted that he would check into the facts regarding the proposed CAFO dairy operation in Columbia County and report back to the Board at its October meeting.

Lyle Forer distributed a copy of the August 1999 Nutrient Management Act Program Status Report.

There being no further business the meeting was adjourned at 12:00 noon.

Respectfully submitted,

Dean M. Auchenbach
DEP Liaison