There being a majority of the Board members present, the meeting was called to order at 10:05 a.m. by Chairperson Brenda Shambaugh, PA State Grange.

Attendance

Members

Brenda Shambaugh, PA State Grange
Larry Cogan, Ornamental Horticulture
Tom Oyler, Jr., Fruit Producer
Donald Lichtenwalner, Grain Producer
Michael Brendle, Poultry Producer
David Brubaker, Agri-business Representative
Jay Howes, House, Agriculture and Rural Affairs Committee
Bill Adams, PA Farm Bureau
John Cameron, USDA, Farm Service Agency
Carl Shaffer, Vegetable Producer
Walt Peechatka, PA Department of Agriculture
Robert Pardoe, Jr., Dairy Producer
Cass Peterson, Sustainable Agriculture Representative
Sam Elkin, Livestock Producer
Bruce Holbrook, PA Department of Environmental Protection

Agencies, Advisors, and Guests

Ken Lomax, University of Delaware
Jack Arrell, Hy-Tech Mushroom Composters Inc.
Donald Needham, Hy-Tech Mushroom Composters Inc.
Phillip Coles, Giorgi Mushroom Company
Fran Koch, DEP, Bureau of Watershed Conservation
Nicki Kasi, DEP, Bureau of Watershed Conservation
Dan Drawbaugh, DEP, Bureau of Water Quality Protection
Gail Phelps, DEP, Office of Chief Counsel
Steve Socash, DEP, Bureau of Land Recycling and Waste Management
Joe Sieber, DEP, Office of Policy
Brian Gazo, Widener School of Law, Harrisburg
Joe Lee, DEP, Bureau of Water Supply Management
Bill Zett, DEP, Bureau of Water Quality Protection
Ken Reisinger, DEP, Bureau of Water Quality Protection
Harold Miller, DEP, Bureau of Mining and Reclamation
Terry Black, DEP, Bureau of Air Quality
Dean Auchenbach, DEP, Bureau of Water Quality Management

Minutes

The minutes of the December 18, 1996 meeting were approved as distributed.

Review/Comment on the Draft "Best Practices for Environmental Protection in the Mushroom Farm Community" Manual

The Board reviewed the Department's draft Mushroom Composting Manual, entitled "Best Practices for Environmental Protection in the Mushroom Farm Community." Present at the meeting to provide their perspective of the Manual were Jack Arrell and Donald Needham, Hy-Tech Mushroom Composters, Inc.; Phillip Coles, Giorgi Mushroom Company, and Dr. Ken Lomax, University of Delaware. Jack Arrell complemented the workgroup that developed the Manual, but cautioned that it should not be viewed as more than a handbook, since technology used in the mushroom industry is constantly growing, the Manual will need to grow also. He suggested that the Manual be reviewed every three to five years to ensure that its guidance is consistent with current technology. Dr. Lomax expressed a concern regarding the requirement that spent mushroom substrate (SMS) be processed in a layer not to exceed two feet in depth, in passive composting operations. The mushroom producers feel that the two foot depth requirement is not economically viable for the mushroom growing community, since two feet of SMS will only end up with about six inches of material once the aging process is completed. They feel that the Department should allow a higher depth of SMS, pending further review. Steve Socash, DEP, Bureau of Land Recycling and Waste Management, stated that modeling was done to determine the depth of SMS in passive composting operations. It was found that two feet was optimum to ensure the protection of groundwater resources.

The Board members felt that the Department should do more monitoring before they impose a requirement that would be too restrictive to the agricultural industry. The Board also questioned whether layering SMS five feet in depth, rather than two feet, causes more of a hazard for pollution of ground and surface water resources. Steve Socash stated that the Department's concern is the intensity of the material if layered greater than a depth of two feet. Dave Brubaker, Agri-business representative, made a motion that the Board support the manual as a technical guidance document, but oppose the restriction on the depth that SMS may be layered in passive composting operations, until the Department analyses additional scientific data to determine the optimum depth level for SMS. Dave also stated in his motion that a three year periodic review of the Manual be completed to ensure the manual requirements and practices are consistent with the current technology used in the mushroom industry. Tom Oyler, Fruit Producer, amended the motion to state that scientific data from both the Department and the mushroom industry be analyzed. Dave Brubaker agreed with this amendment to his motion. Bob Pardoe, Jr., Dairy Producer, seconded the amended motion, and the motion was passed unanimously by the Board. Steve Socash stated that a notice of technical guidance will appear in the PA Bulletin on March 8th for a 30 day comment period. Although there is no set time limit for approval of the Manual, the Department would like to finalize it sometime this year. Walt Peechatka, PA Department of Agriculture, stressed the need to get this Manual out to the agricultural community, since it has been under development for several years. Chairperson Brenda Shambaugh stated that the Board will send its comments regarding the manual in a letter to the Department.

319 Program Overview

Nicki Kasi, DEP, Bureau of Watershed Conservation, provided the Board an overview of the EPA Section 319 Nonpoint Source Implementation Program as requested by the Board at its December meeting. A fact sheet regarding the 319 Program was distributed (attachment # 1.) This program was created in Section 319 of the 1987 Federal Clean Water Act, to address nonpoint sources of pollution. The state then developed an assessment report and management plan. The three primary sources of nonpoint source pollution in PA are abandoned mine drainage, agriculture, and urban runoff. A task force comprised of DEP and DCNR staff select project proposals that will be funded on an annual basis. Since 1990 the state has received 14.5 million dollars in funding, with approximately 2.5 million to be received this year. Of this amount, the state may use $250,000 a year for watershed assessment reports, which must contain remediation plans. Nicki stated that a liaison group will be formed (Bill Adams and/or Bob Pardoe will represent the Board on this committee) to rewrite the state's nonpoint source pollution management plan. Nicki stated that the 319 program is a strong program in PA. In the future the state needs to better understand the nonpoint source pollution problems, build stronger partnerships, and define new goals and objectives for the program.

The Board questioned why the task force was comprised of only DEP/DCNR staff? Nicki stated that the Department felt that it was not appropriate to open this task force up to outside agencies. Bill Adams, PA Farm Bureau, suggested that it would be helpful if the members could receive a presentation on the citizen's streambank monitoring program. Nicki stated that Diane Wilson is the Department's citizen monitoring coordinator. She will be contacted regarding a presentation at the Board's April meeting. Several members expressed their reservations and concerns about citizens entering onto private property as part of the streamside monitoring program. Nicki stated that the programs intent is to have citizens collect data, not to report streamside activities to DEP. The Board members suggested that the Board write a letter urging the Department to develop a policy that only DEP employees may enter onto private property, while in the performance of their official duties. Chairperson Shambaugh directed that such a letter will be sent to the Department.

Committee Report on the Proposed Revisions to the Chapter 102, Erosion Control Regulations

Bill Adams, PA Farm Bureau, noted that the Board's Chapter 102 regulation committee met on January 6, 1997 to review and comment on the proposed revisions to the Chapter 102, Erosion Control Regulations. A copy of the committee's comment letter was distributed (attachment #2.) Some members of the Board's 102 regulation committee also met with members of the Department's Air and Water Technical Advisory Committee on February 5, 1997. At this meeting there was much discussion regarding the use of the words "minimize" or "prevent" in relation to erosion control. It was mutually agreed that the language in the regulations should be worded to "minimize accelerated erosion in order to prevent sediment pollution." The group also agreed that some sediment pollution of streams will occur without harm to the stream, but at some point degradation of the stream will occur. The use of best management practices should prevent any degradation of the stream. The Department will make revisions to the proposed regulations based on the comments they received. It is anticipated that the Board will review these revised regulations at its April meeting. The Chapter 102 regulations are now scheduled to go to the Environmental Quality Board in June.

Proposed Wellhead Protection Program

Joe Lee, DEP, Bureau of Water Supply Management, briefed the Board on Pennsylvania's proposed Wellhead Protection Program for Drinking Water Source Protection, under the 1996 Safe Drinking Water Act amendments. He distributed a summary of the proposed Wellhead Protection Program, a copy of the proposed program, a fact sheet on new well permitting requirements, and an overview of the Wellhead Protection Program in Pennsylvania (attachment # 3.) Section 1428 of the Federal Safe Drinking Water Act requires that states develop Wellhead Protection Programs. These programs must include seven elements: identify roles and responsibilities; delineate Wellhead Protection Areas; identify sources of contamination; develop management approaches; develop contingency plans; plan for new wells, and ensure public participation in the plan. currently over 130 public water systems and municipalities are developing or implementing Wellhead Protection Programs in Pennsylvania.

The Wellhead Protection Program area is defined as the surface and subsurface area surrounding a public water supply well, wellfield, spring, or infiltration gallery through which contaminants are reasonably likely to move toward and reach the water source. The regulations currently establish three zones of protection. Zone I is the immediate area surrounding the source which may range from a 100 to 400 feet radius, depending on the aquifer characteristics. Zone II is a radius of 1/2 mile, unless a more detailed delineation is established. Zone III is the upland area that contributes surface or ground water to the well. New water systems and expanding systems are required to own or control the land within Zone I. Existing sources are not required to own or control Zone I. Joe noted that much of what is proposed in the program is already being done in the state. This program would allow for financial support for the delineation of Wellhead Protection Areas. The state will be presenting its proposed Wellhead Protection Program to the Environmental Protection Agency for approval. Joe requested that any comments regarding the proposed program be received by spring 1997. Chairperson Brenda Shambaugh suggested that Board members review the materials distributed at the meeting and be prepared to comment on the proposed program at the Board's April meeting.

Proposed Underground Bituminous Mining Regulations

Harold Miller, DEP, Bureau of Mining and Reclamation, briefed the Board on the proposed regulatory amendments to Title 25, PA Code, Chapter 89 regulations, Underground Bituminous Coal Mining. A Department fact sheet (attachment # 4) was distributed. These proposed amendments eliminate the Act 54 requirements that conflict with the Chapter 89 regulations. Under the proposed amendments there are four primary duties: a mine operator must replace a water supply which is contaminated, diminished or interrupted by underground mining; a mine operator must repair or compensate owners of certain structures for damage caused by mine subsidence; the 50% pillar requirement is repealed; and pre-mine surveys of all structures and water supplies must be conducted. Harold noted that a landowner must report a problem to the Department within two years or the mine operator is no longer liable. The proposed regulations will go before the Environmental Quality Board on March 18, and if approved will be published as a proposed rulemaking package in the PA Bulletin for a 60 day public comment period. Mike Brendle, Poultry Producer, made a motion that the Board support the proposed Underground Bituminous Mining Regulations. This motion was seconded by Donald Lichtenwalner, Grain Producer, and was passed by the Board with one dissenting vote.

Proposed Fuels (Gasoline) Regulations for Southwest PA

Terry Black, DEP, Bureau of Air Quality, briefed the Board on the proposed Fuels (Gasoline) Regulations for Southwest Pennsylvania. In 1996, a Southwestern Pennsylvania Ozone Stakeholders Work Group was formed to recommend strategies for ozone attainment and maintenance, based on the current health based standards and the requirements of the Clean Air Act, for the seven counties of the nonattainment area (comprised of Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland Counties.) A final report containing recommendations was made by the stakeholder workgroup on January 16, 1997. Among the recommendations is to require the sale of low reid vapor (RVP) gasoline or federal reformulated gasoline (RFG) during the high ozone periods, May 1 to September 30. It is expected that these types of gasoline will begin to be used in May and will result in increased gasoline prices. Terry noted that these types of gasoline are already being used in the five county Philadelphia area of the state. These proposed regulations will be published in the PA Bulletin for a 60 day comment period. The state needs to have its regulations in place by December 1997, or face sanctions from the Environmental Protection Agency. After some discussion regarding the proposed regulations, the Board members decided not to comment on the regulations. Terry Black offered to discuss ozone controls at a future Board meeting if the members were interested.

Board Response to the Department of Corrections Letter

Chairperson Brenda Shambaugh distributed a letter (attachment # 5) from Martin Horn, Commissioner, of the PA Department of Corrections. It was noted that DEP Secretary James Seif also received a letter from Commissioner Horn questioning what priority the Board wanted to give their proposal that inmates be used to clean up trash discarded into farm fields adjacent to roadways. Mike Brendle stated that there are good arguments for the benefits of this proposal to the agricultural community, and urged the Board to continue to pursue it. The Board members did discuss what impact this type of program may have on the "Adopt a Highway Program." It was noted that the few secondary rural roadways are covered under the "Adopt a Highway Program." Robert Pardoe, Jr., Dairy Producer, suggested that a committee be appointed to develop guidelines for the use of inmates to clean up trash in farm fields adjacent to roadways. Once these guidelines are completed the Board will invite a representative from the Department of Corrections to a Board meeting to further discuss this proposal. Chairperson Shambaugh appointed Mike Brendle to serve as Chairperson of this committee. Any other Board members who are interested in serving on this committee should contact Mr. Brendle.

Nutrient Management Regulation Update

Karl Brown, Executive Secretary of the State Conservation Commission, updated the Board on the development of the Nutrient Management Regulations. The final regulatory package has completed internal reviews and a review by the Independent Regulatory Review Commission. The final regulatory package will be considered at the Commission's March 13 meeting, and if approved, will go through some external reviews. It is anticipated that the regulations will be published in the PA Bulletin this summer, with an effective date of October 1, 1997. concentrated animal operations (CAO's) will then have one year to develop a nutrient management plan.

Karl noted that the program will be administered by county conservation districts through delegation agreements with the state. Of the 58 counties that were offered the delegation agreements, only two (Allegheny and Wyoming) declined to accept. Precertification workshops are now being held around the state. Background workshops are also being held to prepare people to take the certification examination. The Commission is contracting with Penn State University to provide educational services. The Commission is also working to get a financial assistance program in place. They are exploring options with Pennsylvania's PennVest Program. They are also looking at a loan program used in West Virginia where a portion of the state's revolving fund is used for nonpoint source pollution problems. The Commission will also look into the use of financial grants.

Comments/Issues/Concerns of the Board

Sam Elkin, Livestock Producer, expressed his concerned that the marketing of gasohol, was not considered by the Southwest Pennsylvania Ozone Stakeholders Work Group. He feels that the use of this product should be an option for PA.

Chairperson Brenda Shambaugh distributed a letter from the PA State Grange to EPA (attachment # 6) regarding EPA's proposal to revise the National Ambient Air Quality Standards for ozone and particulate matter. Under these revised standards agricultural operations have been identified as a "significant source" of emission for particulate matter. These new standards will place a great burden on agricultural operations, since farm fuel prices and transportation costs will increase dramatically, and affect the profitability of crops. The Board members discussed this issue and felt that agricultural operations have been mistakenly identified as being a "significant source" of particulate matter, and that scientific data does not exist to support changing the particulate matter standards at this time. Carl Shaffer suggested that the Board send a letter to the Department, urging them to oppose the proposed regulations. Chairperson Shambaugh stated that a letter will be send to Secretary Seif regarding this issue. Members felt that this may be an issue they want to look at more closely as a future meeting agenda item. Chairperson Shambaugh noted that the PA State Grange will be hosting a workshop on these proposed regulations at the Sheraton Inn, Harrisburg on April 28.

Adjournment

There being no further business the meeting was adjourned at 3:08 p.m.

Respectfully submitted,

Dean M. Auchenbach
DEP Liaison