MINUTES

AGRICULTURAL ADVISORY BOARD

Rachel Carson State Office Building, Harrisburg, PA

June 26, 1996

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
Bill Adams, PA Farm Bureau
Gordon Hiller, PA State Grange
Donald Lichtenwalner, Grain Producer
Kurt Leitholf, PA Association of Conservation Districts
Michael Brendle, Poultry Producer
Larry Cogan, Ornamental Horticulture Representative
David Brubaker, Agri-business Representative
Robert Heidecker, Jr., USDA, Natural Resource Conservation Service
Carl Shaffer, Vegetable Producer
William Baumgartner, USDA, Farm Service Agency
Robert Pardoe, Jr., Dairy Producer
Samuel Elkin, Livestock Producer
Cass Peterson, Sustainable Agriculture Representative
Dr. Herb Cole, Penn State University
Walt Peechatka, PA Department of Agriculture
Michael Sherman, PA Department of Environmental Protection

Agencies, Advisors, Guests

David Bingaman, PA Department of Agriculture
Nancy Spangenberg, DEP, Bureau of Water Quality Management
Sharon Freeman, DEP, Office of Policy
Jan Auerbach, U.S. Environmental Protection Agency
Corrine Correale, Intern, Bureau of Land and Water Conservation
Bruce Holbrook, DEP, Bureau of Land and Water Conservation
Bill Brubaker, PA Agronomic Products Association
Todd Heckmen, Representative Camille George's Office
Fred Taylor, Representative Robert Reber's Office
Terry Fitzpatrick, Senator Brightbill's Office
Karen Russell, Intern, Bureau of Oil and Gas Management
Tom Franklin, DEP, Bureau of Water Supply and Community Health
Cedric Karper, DEP, Bureau of Water Quality Management
Chris Allen, DEP, Public Participation Coordinator
Pamela Gratton, Wheelabrator/Bio Gro Inc.
Kristen Campfield, DEP, Office of Chief Counsel
Steve Socash, DEP, Bureau of Land Recycling and Waste Management
Trudy Johnson, Gannett-Fleming, Inc.
Fred Fiscus, DEP, Bureau of Land and Water Conservation
Bill Pounds, DEP, Bureau of Land Recycling and Waste Management
Richard VanNoy, DEP, Bureau of Land and Water Conservation
Dean Auchenbach, DEP, Bureau of Land and Water Conservation

Minutes

The minutes of the April 24, 1996 meeting were approved as distributed.

Storage Tank Moratorium Proposal Follow-up

The Board discussed its recommendation that the Department grant a one year moratorium on the requirement that regulated underground storage tanks be removed only be a certified installer. Further research of this issue after the Board's April 24 meeting revealed that since the Storage Tank and Spill Prevention Act requires the use of a certified installer for tank removal or closure, the Department cannot grant the moratorium unless the Act is amended. In attendance to discuss this issue were Terry Fitzpatrick, Senator Brightbill's Office; Fred Taylor, Representative Robert Reber's Office; and Todd Heckmen, Representative Camille George's Office. The Board will act on its motion approved at its April 24 meeting to contact the legislature to urge them to amend the Act to allow for this moratorium.

Safe Drinking Water Act and Maximum Contaminant Level Presentation

Jan Auerbach, U.S. Environmental Protection Agency provided the Board with an excellent overview of how EPA sets the maximum contaminant levels for drinking water contaminants. A handout was distributed which outlined the process followed by EPA for setting drinking water regulations (attachment # 1.) This topic had been requested by the Board members in follow-up to the presentation done by Dave Bingaman, PA Department of Agriculture, on the PDA Draft Pesticide and Groundwater Strategy Report at the Board's April meeting. No comments were received by Board members prior to the meeting regarding the draft Pesticide and Groundwater Strategy Report. Chairperson Junk requested that if Board members have any comments that they send them to Bill Adams by July 10, 1996. Some questions were asked regarding the Wellhead Protection Program, and it was suggested that an update of that program be provided to members at the next Board meeting.

DEP Draft Advisory Committee Guidelines

Chris Allen, DEP Public Participation Coordinator distributed a summary of the Advisory Committee Guidelines (attachment # 2.) These guidelines will help to assure that all DEP boards and committees operate in a similar manner. These guidelines will not alter the legislative charge to the advisory boards or committees. These guidelines will become part of DEP's Public Participation Policy.

Chairperson Junk questioned what administrative support the Board may receive from the DEP liaison assigned to the Board. Chris stated that the liaison should provide any administrative support necessary to allow the Board to carry out its obligations. Chairperson Junk requested that if any Board members have comments regarding these guidelines that they contact him by July 3, 1996.

Other Matters

A letter was distributed which was sent to Secretary Seif regarding the staggering of the nine producer member terms on the Board (attachment # 3.) All nine producer member terms will expire on October 6, 1996. A certificate of appreciation was presented by the Board to Richard VanNoy, Department of Environmental Protection, for his many years of assistance and service to the Board.

Proposed Final Sewage Sludge Regulations

Bill Pounds and Steve Socash, Bureau of Waste Management, and Kristen Campfield, Office of Chief Counsel, updated the Board on the proposed changes to the Sewage Sludge General Permit Regulations. The Department needs to finalize its regulatory package by July 16 to meet the EQB September deadline. If they fail to meet this deadline the Department will have to start the entire process over again, since two years will have passed since the public comment deadline. The Department will meet with the Solid Waste Management Advisory Committee on July 11 to review the regulations.

Board members discussed the proposed revisions to the sewage sludge regulations. Carl Shaffer made a motion that the Board recommend that the Department delete section 503.12 (e) requiring the operator of the permit to obtain the written consent of the landowner to apply sewage sludge. This motion was defeated by a vote of the Board. Carl Shaffer also made a motion that the Board recommend that the Department delete section 503.12 (f) requiring the operator to notify the land occupant at least seven days prior to the application of sewage sludge. This motion was also defeated by a vote of Board members.

The Board greatest concern regarding the proposed revised regulations were the setback limits proposed in Section 503.14(c) 1-7, and the effect they would have on an existing operation if a dwelling is constructed, or a well is drilled within the specified setback area. Carl Shaffer made a motion that the Board recommend that the Department grandfather existing operations from the setback limits specified in Section 503.14(c), if a new dwelling or well is located within the setback limits that would affect the existing operation. This motion was seconded by Mike Brendle and the motion was passed unanimously by the Board. Bill Pounds suggested that a representative of the Board attend the July 11 meeting of the Solid Waste Management Advisory Committee to address this concern. Chairperson Junk designated Bill Adams to attend that meeting to represent the Board.

The Board also suggested that the Department include a definition of "exceptional quality wetland" as specified in Section 503.14(c)(6). Bill Pounds stated that the definition will be included in the final version of the regulations as "exceptional value wetlands." The Board questioned whether the definition of agricultural land in section 503.9(a) would include operations such as Christmas tree farms, ornamental horticultural operations, and sod farms. Bill Pounds stated that the definition of agricultural land will be deleted in the final version of the regulations since there will be no limitations on what agricultural activities sludge may be used on. Carl Shaffer requested that the Department send him a summary of any revisions made to the proposed regulations at the Solid Waste Management Advisory Committee meeting.

Comments/Issues/Concerns of the Board

Chairperson Junk stated that the Underground Storage Tank Indemnification Fund Stakeholders final report is available. If any member would like a copy of this report they should contact him.

Donald Lichtenwalner, Grain Producer, discussed concerns he had relative to the Delaney Clause, which requires a zero tolerance for chemicals in food. He feels the clause should be repealed or modified to acceptable levels. The Board members discussed this issue and determined that since this was not a matter that the Department could act on, that the Board should not take a role in this issue. Individual members were encouraged to contact their Congressman regarding this issue.

Larry Cogan, Ornamental Horticulture, expressed his concern regarding the poor response he feels the agricultural community has received from government agencies after the flooding. It was suggested that the DEP liaison check into this issue as a possible topic for the Board's next meeting.

Chairperson Junk noted that DEP Secretary Seif is scheduled to attend the Board's August 28, 1996 meeting to discuss the bottle bills.

There being no further business the meeting was adjourned at 3:41 p.m.

Dean M. Auchenbach