There being a majority of the Board members present, the meeting was called
to order by Chairperson Robert Junk, PA Farmers Union at, 10:00 a.m.
Attendance
Members
Robert Junk, PA Farmers Union
Janet Oertly, USDA, Natural Resource Conservation Service
Bob Wagner, PA Association of Conservation Districts
Tom Oyler, Jr., Fruit Producer
Donald Lichtenwalner, Grain Producer
Gordon Hiller, PA State Grange
Michael Brendle, Poultry Producer
Larry Cogan, Horticultural Industry Representative
Jay Howes, House Agricultural and Rural Affairs Committee
David Brubaker, Agri-business Representative
Carl Shaffer, Vegetable Producer
Sam Elkin, Livestock Producer
Robert Pardoe, Jr., Dairy Producer
Cass Peterson, Sustainable Agriculture Representative
Dr. Herb Cole, Penn State University
Richard Long, USDA, Farm Service Agency
Christian Herr, PA Department of Agriculture
Michael Sherman, PA Department of Environmental Protection
Agencies, Advisors, Guests
Robert Graves, Penn State University
William Brubaker, PA Agronomic Products Association
Tom Juengst, DEP, Bureau of Land and Water Conservation
Larry Frey, DEP, Bureau of Water Quality Management
Sharon Freeman, DEP, Office of Policy
Fran Koch, DEP, Bureau of Dams, Waterways and Wetlands
Milt Lauch, DEP, Bureau of Water Quality Management
Minutes
The minutes of the August 23, 1995 meeting were approved with the following two revisions. Dr. Herb Cole was added to the list of members in attendance; and the word "all" replaced with "certain" on page 2, 1st paragraph, line nine. The corrected sentence now reads "For underground storage tanks, certain tanks with a capacity of 110 gallons or greater must be registered with the Department."
Dates for Future Meetings
The Board members voted to move the regular meeting date to the fourth Wednesday of the even numbered months (with the exception of the month of December), to avoid conflicts with the Nutrient Management Advisory Board meetings. The meetings dates for 1996 will be April 24, 1996; June 26, 1996; August 23, 1996; October 23, 1996; and December 18, 1996. All meetings will be held at 10:00 a.m. in the Rachel Carson State Office Building, Harrisburg, PA.
Regulatory Updates
Sharon Freeman, DEP Office of Policy, reported that there are no new regulations under development at this time. She updated the Board on these regulations currently under development. The Storage Tank Certification Program regulation comment period closed on January 17, 1996. The EQB reviewed comments received from 21 individuals or organizations and anticipates final rulemaking at its July meeting. The amendments to the PA Sewage Facilities Act contains two packages. The first package was adopted as proposed by the EQB at its April 1995 meeting. The Department is currently developing final regulations and anticipates final action at the EQB May meeting. The second part of the package was adopted by the EQB at its January meeting. The Department is awaiting the Attorney General's approval before scheduling statewide public meetings. The redesignation of the Pine and Elk Creeks was adopted by the EQB at its January meeting. The Department is preparing a mass mailing to the 147 commentators who responded during the public comment period. The Sewage Sludge Regulations are currently on hold. The Department is also in the process of transferring the Biosolids Program to the Water Management Deputate. The regulations will go back to the Board for review and comment before final action is taken. The Board members requested that the Department provide them with a written summary of regulations under development. The Department will now provide the Board members with the EQB Regulatory Status report.
Update on the Nutrient Management Regulations
Karl Brown, Executive Secretary for the State Conservation Commission, distributed
an addendum to the memorandums of understanding among the Department of Agriculture
(PDA), Department of Environmental Protection (DEP), and the State Conservation
Commission. This addendum (attachment # 1) outlines responsibilities between
agencies for the Nutrient Management Program. Karl stated that three nutrient
management program positions have been transferred from DEP to PDA. Seven public
informational meetings were held statewide on the regulations, and four public
hearings will be held. The PDA certification program will be in place by the
summer of 1996 to allow time for training. It is anticipated that the Nutrient
Management Regulations will be final by January 1997. Karl also noted that a
final proposed draft of the delegation agreement for conservation districts
to administer the program was circulated to the districts for review. An administrative
manual is also being developed for the conservation districts use. Karl stressed
the need for conservation district involvement in the program since the State
Conservation Commission does not have the staff to review nutrient management
plans.
Comments on the Composting Supplement to the Manure Management Manual
Bob Graves, Penn State University, was asked by Cary Oshins, compost workgroup chairperson, to present the proposed Composting Supplement to the Manure Management Manual. Bob urged the Board to recommend the composting supplement be added to the Manure Management Manual. Bob stated that on page 2 it provides a definition of what is "agricultural composting." On page 4 there is a worksheet that a person could use to determine relevant regulations that would apply. The Board questioned whether the supplement addresses the composting of dead animals. Bob stated that the supplement does not and a task force from PDA is looking at this issue. Bob Pardoe, Jr. made a motion that the Board accept the supplement as written and refer it to DEP for review and inclusion within the Manure Management Manual. Dr. Herb Cole seconded this motion and the motion was passed unanimously by the Board. (See attachment # 2 for letter regarding this.)
Comments on Draft Fact Sheet on Farm Storage Tank Requirements
Larry Frey, DEP, Bureau of Water Quality Management, presented a draft fact sheet regarding farm storage tank requirements (attachment # 3) that is being developed by the Department. This fact sheet provides an overview of the requirements for farm storage tanks established under the Storage Tank and Spill Prevention Act. The Board questioned whether an above ground tank that is portable (non-stationary) would be considered a stationary tank if left in place. Larry stated that if a portable tank is left stationary for greater than a 12 month period it would be considered a stationary tank and be regulated. The Board recommended that the Department revise the fact sheet to add a definition of "stationary storage tanks," and to note that portable (non-stationary) tanks are exempt from the regulations as long as they are moved within a 12 month period. The Department will also add a brief definition of regulated substances to the fact sheet. The Department will revise the fact sheet and bring it back to the Board for final review.
The Board members then discussed the state statutory requirement that regulated underground storage tanks be removed only by a certified installer. The Board members felt that this requirement results in the agricultural community incurring excessive and unnecessary expenses to remove underground storage tanks. Mike Brendle made a motion that the Board request the Department place a moratorium on the requirement that regulated underground storage tanks be removed only by a certified installer. This motion was seconded by Sam Elkin and passed unanimously by the Board. The Board believes that this moratorium would result in a greater number of underground storage tanks being removed from the ground, thus reducing the potential for pollution from leaking and aging storage tanks, since owners would be more willing to remove them without incurring the expenses of a certified installer. A letter was sent to Karl Sheaffer, Chief of the Division of Storage Tanks regarding this recommendation (attachment # 4.) Note: a response to this letter from the Department (attachment # 5) is enclosed for your review. Members should be prepared to discuss this issue at the next Board meeting.
Update on Department Wetland Initiatives
Fran Koch, Bureau of Dams, Waterways and Wetlands, distributed a fact sheet (attachment # 6) regarding the Department's wetland initiatives. Fran reviewed the initiatives with the Board members. Fran also distributed a copy of a news release regarding the DEP Wetlands Management Advisory Committee (attachment # 7.) The Board members expressed a concern that the Wetland Restoration/Creation Site Registry be advertised to the general public. Carl Shaffer suggested that environmental groups such as the Audubon Society, Land Trusts, Conservancy Groups, Farmland Trust Organizations, and Ducks Unlimited be invited to attend a Board meeting to jointly promote this program. Fran did mention that information regarding this program was sent to conservation districts and agricultural organizations for inclusion in newsletters and other publications.
The Board expressed concern over how the rates where established for the Wetland Replacement Fund. Mike Brendle pointed out that in various parts of the state, agricultural land values differ significantly, and questioned whether the amount set in the fund was reasonable. Gordon Hiller stated that the value of the individual wetland should determine how much is paid into the replacement fund. The Board also requested that the Department provide them information to substantiate the dollar figures for the Fund. Sam Elkin questioned why the Department set the small (de minimus) wetlands impact level, which does not require replacement, at 1/20 of an acre (2,178 square feet) rather than the five acres that the Board recommended in its Wetlands Protection.
Resolution of October 19, 1994. After much discussion Mike Brendle made a motion that the Board write a letter to the Department reaffirming its recommendations in its Wetlands Protection Resolution, with emphasis on the recommendation that the minimum size wetland impact requiring replacement be established at five acres within the Commonwealth of Pennsylvania. This motion was seconded by Sam Elkin. Gordon Hiller amended the motion to include that a copy of this letter be sent to the Department's Wetlands Management Advisory Committee. This amended motion was seconded by Donald Lichtenwalner and was passed unanimously by the Board. (See attachment # 8 for copy of letter sent to the Department. This letter was also submitted to members of the Wetlands Management Advisory Committee at its March 5, 1996 meeting.)
Department Reorganization
Mike Sherman, Acting Bureau Director for the Bureau of Land and Water Conservation, informed the Board that the Water Management Deputate of the Department will be reorganized. The current five Bureaus will be reduced to four. The goals are to expand outreach, enhance watershed management, develop new compliance strategies, improve permitting, and improve the non-point source pollution programs. The reorganization will also facilitate support between conservation districts and the DEP Regional Offices. Three options for reorganization where developed in the summer of 1995. Deputy Secretary Dr. Archer selected an option in January 1996. The Department must now get union approval and Office of Administration approval before proceeding with the reorganization. It is anticipated that the reorganization will be completed by December 1996.
Issues/Comments/Concerns of the Board
Milt Lauch, DEP Bureau of Water Quality Management, updated the Board on the
amendments to the PA Sewage Facilities Act, which was amended December 1994.
The amendments are being handled as two separate regulatory packages. The first
package, which includes the 10 acre permit exemption and the mottling exemption,
went through a public comment period during which five commentators responded.
The Department revised this package to now require property owners to provide
physical attributes of the property to the Sewage Enforcement Officer. The Department's
Sewage Advisory Committee agreed to this revision. The Department proposed no
changes to the mottling exemption and financial assurance. The Law requires
the landowner to post a $20,000 bond per year for three years ($60,000 total)
if the landowner challenges the mottling exemption. If the system should fail,
this money goes to the local government to fix the system. Soil Scientists,
professional engineers and geologists, and sewage enforcement officers may make
determinations for mottling exemptions. It is anticipated that this first package
will go to the EQB for final rulemaking in May. The second part of the regulatory
package was approved by the EQB at its January 16, 1996 meeting, and will be
published in the PA Bulletin for public comment.
Carl Shaffer discussed the need for Board members to write letters to legislators
regarding the Department's inability to change regulations or program policies
because of existing statutes or the way that legislation is written. The Board
members briefly discussed this and requested that Department staff provide a
legislative update at the next Board meeting.
The Board members then discussed the fact that on October 6, 1996 the three year terms of the nine producer members of the Board expire. The Board expressed the need to have continuity of membership to continue the work of the Board. They also questioned what procedure will be used to have the Governor name the producer members for new three year terms. The members also questioned why the producer member terms are not staggered so they do not all expire at once. Jay Howes, House Agricultural and Rural Affairs Committee, agreed to look into this issue and give a report at the next Board meeting.
Adjournment
There being no further business the meeting was adjourned at 3:05 p.m.
The next meeting will be held on April 24, 1996 at 10:00 a.m. in the first Floor Conference Room of the Rachel Carson State Office Building, Harrisburg.
Dean M. Auchenbach