MINUTES

AGRICULTURAL ADVISORY BOARD

Rachel Carson State Office Building, Harrisburg, PA

October 23, 1996

There being a majority of Board members present, the meeting was called to order by Chairperson Robert Junk, PA Farmers Union, at 10:05 a.m. 

Attendance

Members

Robert Junk, PA Farmers Union
Gordon Hiller, PA State Grange
Larry Cogan, Ornamental Horticulture Representative
Robert Wagner, PA Association of Conservation Districts
Janet Oertly, USDA, Natural Resource Conservation Service
David Brubaker, Agri-business Representative
Mike Brendle, Poultry Producer
Jackie Stonfer, USDA, Farm Service Agency
Jay Howes, House, Agriculture and Rural Affairs Committee
Donald Lichtenwalner, Grain Producer
Bill Adams, PA Farm Bureau
Tom Oyler, Jr., Fruit Producer
Cass Peterson, Sustainable Agriculture Representative
Robert Pardoe, Jr., Dairy Producer
Mary Keenan, House, Agriculture and Rural Affairs Committee
Walt Peechatka, PA Department of Agriculture
Bruce Holbrook, PA Department of Environmental Protection

Agencies, Advisors, Guests

David Gromelski, DEP, Office of Chief Counsel
Sharon Freeman, DEP, Office of Policy
Gail Phelps, DEP, Bureau of Regulatory Counsel
Steve Socash, DEP, Bureau of Land Recycling and Waste Management
John Mank, DEP, Bureau of Land and Water Conservation
Karl Brown, State Conservation Commission
Nina Huizinga, DEP, Office of Policy
Greg Mahon, DEP, Office of Policy and Communications
Bill Brubaker, PA Agronomic Products Association
Kerry Miller, Ciba-Giby
John Nikoloff, Capitol Associates
Dean Auchenbach, DEP, Bureau of Land and Water Conservation 

Minutes

The minutes of the August 28, 1996 meeting were approved as distributed.

Business Items

The Board discussed the Department of Corrections Policy regarding the use of inmates in Community Work Programs. The Board had suggested at the August meeting that inmates could be used to clean up bottles and cans in farmers fields along roadways. It appears from the policy that inmates are not permitted to perform these tasks on private property. The Board felt that the use of inmates to collect trash in farm fields would be beneficial, and requested that a representative of the Department of Corrections attend the Board's December meeting to discuss this proposal with the Board.

A copy of the Board's October 4, 1996 letter to Secretary Seif regarding the terms of the producer members was distributed (attachment # 1.)

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 Certification Regulations were published in the PA Bulletin on September 28, 1996. The key step now will be the training and certification of the specialists to implement the program. It is anticipated that the first round of certification testing will be held in March. The Nutrient Management Regulations are about 90% complete. The Nutrient Management Advisory Board is working to have the final draft of the regulations to the Commission at its January 7 meeting. There is some debate as to the effective date of the regulations. It is anticipated that they will be published in May with an effective date of September, so that they do not become effective at the time of year when farmers are busiest. Conservation districts are currently signing delegation agreements with the state to administer this program. currently 44 districts have responded, with 42 accepting the delegation agreement (24 as single counties and 18 as multiple counties) and 2 refusing the delegation agreement. The Commission would like to have the delegation agreements and district staff in place by January, to begin implementing the program.

Set 1997 Meeting Dates

The Board discussed what dates they will meet in 1997. Gordon Hiller, PA State Grange, made a motion that the Board continue to meet on the fourth Wednesday of the even numbered months (exception would be the December meeting which would be the third Wednesday of the month.) Mike Brendle seconded this motion, and the motion was passed unanimously. the Board will meet on the following dates in 1997: February 26; April 23; June 25; August 27; October 22; and December 17. All meetings will start at 10:00 a.m. and will be held in Room 105 of the Rachel Carson State Office Building in Harrisburg. The Board's representative from the PA State Grange will serve as Chairperson of the Board in 1997. 

Agricultural Land Preservation Policy

 Nina Huizinga, DEP Office of Policy, distributed a copy of the Agricultural Land Preservation Policy Executive Order (attachment # 2) and a copy of the Guidance for the Implementation of the Agricultural Land Preservation Policy (attachment # 3.) This policy will provide direction for DEP staff to preserve farmland through the administration of DEP's current programs and regulations. Walt Peechatka, PA Department of Agriculture (PDA), stated that this policy is a positive thing as DEP works to fulfill its obligations under the Executive Order. The PDA Bureau of Farmland Preservation is also reviewing the draft at this time. Walt questioned why the Bureau of Oil and Gas Management and Bureau of Air Quality are not included in the comments, regarding DEP program impacts in section II of the policy. The Board suggested that the Bureau of Oil and Gas Management and the Bureau of Air Quality provide comments in section II. Janet Oertly, Natural Resource Conservation Service (NRCS), noted that the Soil Conservation Service (SCS) has changed its name to the NRCS. It was suggested that the policy be revised to list as "formerly SCS, now NRCS." Chairperson Junk suggested that the Department add a paragraph to the policy to address cooperation with existing land preservation policies. Chairperson Junk requested that if Board members have comments or concerns regarding the policy that they contact Nina Huizinga at 717-783-8727, or through E-mail at Huizinga.Nina@A1.State.PA.

Update on the Mushroom Composting Manual 

Steve Socash, Bureau of Land Recycling and Waste Management, updated the Board on the status of the Mushroom Composting Manual. In August, a committee that had been working on the manual reconvened to continue work on the manual. A draft copy of the manual was edited this summer by an independent editor. The committee will meet with a group of mushroom growers in the Southeast Region in November to review the draft manual. The committee will then revise the draft manual and go to the Agricultural Advisory Board and the Solid Waste Management Advisory Board in December for comments. Gordon Hiller, PA State Grange, suggested that the Department invite a mushroom producer to the Board meeting when the draft manual is discussed, so they can provide their perspective to the comments. It was agreed that the Department will invite a mushroom producer to that meeting. It was questioned whether existing operations would be grandfathered from any setback limits specified in the manual. Steve stated that there would be language in the manual similar to that used in the Sewage Sludge Regulations to grandfather existing operations. 

Soil Erosion and Sedimentation Control Manual for Agriculture

John Mank, Bureau of Land and Water Conservation, distributed a copy of the draft Soil Erosion and Sedimentation Control Manual for Agriculture. This manual was developed jointly between staff of DEP and the Natural Resource Conservation Service. The intent of the manual is to clearly spell out what is needed to comply with the Chapter 102, Erosion Control Regulations for agricultural operations. Walt Peechatka, Department of Agriculture, noted that on page 2, the fourth paragraph is incorrect, in that the Chapter 102 regulations were promulgated under Section 402 of the Clean Streams Law, not section 316 as stated. Walt also requested that the terms "conservation plan" and "E&S control plan" be clarified in the manual. The Department requested that the Board comment on the draft manual by the end of December, so that they can finalize the manual by January, so it is available when the Nutrient Management Regulations go into effect. Chairperson Junk appointed a committee to review this manual and provide comments to the Department. The committee members are Janet Oertly, chairperson; Walt Peechatka; Jay Howes; Bill Adams; Bob Wagner; and Donald Lichtenwalner. This committee will meet on December 6 at 10:00 a.m. at the NRCS State Office in Harrisburg.

H.B. 873, PA Air Pollution Control Act

Greg Mahon, DEP Assistant Legislative Liaison, discussed the provisions of H.B. 873, the PA Air Pollution Control Act. This bill further clarifies what exemptions are provided for the production of agricultural commodities. The bill also establishes an office of small business ombudsman within the Department of Environmental Protection, for the purpose of serving as the primary point of contact for small business on issues relating to compliance with this Act and the Clean Air Act. The bill passed the House and is currently in the Senate Appropriations Committee. The Department supports this bill and is confident that it will pass after the legislation election recess. The bill exemptions apply only to state law and not to the federal requirements of the Clean Air Act. Gordon Hiller asked if the spreading of lime on a farm by a commercial sprayer would be exempt from the fugitive dust emission requirements? The Department staff stated that they were unsure and would check into that and get an answer. Bob Pardoe, Jr. made a motion that the Board support H.B. 873, the PA Air Pollution Control Act. This motion was seconded by Bill Adams, and the motion was passed unanimously 

Comments/Issues/Concerns of the Board

Chairperson Junk distributed a draft letter (attachment # 4) that Bill Adams and he had written regarding concerns over the Pesticides and Ground Water State Management Plan Regulation; Proposed Rule. Bob noted that the comment period for these regulations was extended until November 23. Mike Brendle stated that agricultural producers cannot support unfunded mandates, and questioned what the costs would be to agriculture if a chemical is banned. John Nikoloff, Capitol Associates, estimated that the cost to the farmer to replace a chemical if banned would be $4-8 per acre. Dave Bingamon, Department of Agriculture stated that if any chemical was not of economic value that PA would opt not to develop a state management plan. He stated that the five chemicals identified in the Federal Register will have state management plans developed. The national average to develop a state management plan is $500,000 per plan. PA is close to this figure due to the diverse hydrogeology in the State. Bill Brubaker, PA Agronomic Products Association, stressed that PA needs a pesticide management plan, but it must be a reasonable plan. 

Dave Brubaker suggested that the Board appoint a committee to review the Pesticides and Ground Water State Management Plan Regulation; Proposed Rule, and comment to EPA by the November 23 deadline on this issue. This motion was seconded by Bob Pardoe, Jr., and the motion was passed unanimously. It was suggested that agency people assist the committee in its review of the regulation. Chairperson Junk appointed Bill Adams to chair a committee to review these proposed regulations. Other members appointed to serve on the committee were Dave Brubaker, Bill Brubaker, and John Nikoloff. Dave Bingamon was asked to assist the committee. This committee will meet on November 6 at 2:00 p.m. at the PA Department of Agriculture Building in Harrisburg. 

Walt Peechatka, Department of Agriculture, suggested that times not be assigned to agenda items for future meetings. He believes that sometimes people feel that if the agenda shows a certain amount of time for an issue that all the time must be used. Chairperson Junk stated that this suggestion will be considered in the development of future agendas.

Bob Pardoe, Jr. recognized the fact that Gordon Hiller will be retiring as the PA State Grange Master at the end of October. The Board members thanked Gordon for his service to the Board.

 There being no further business the meeting was adjourned at 2:15 p.m.

Respectfully submitted

Dean M. Auchenbach
DEP Liaison