Q: What is Food Processing Residual (“FPR”)?
A: It is the leftovers of various food processing industries that have not been recycled or used for other purposes. Think of it like the wastewater that comes out of your sink after you finish washing the dishes. It includes bits of waste, cleaners, water and anything else that is in the sink.
The technical definition from Pennsylvania DEP’s The Food Processing Residual Management Manual page 2:
An FPR is an incidental organic material generated by processing agricultural commodities for human or animal consumption. The term includes food residuals, food coproducts, food processing wastes, food processing sludges, or any other incidental material whose characteristics are derived from processing agricultural products. Examples include: process wastewater from cleaning slaughter areas, rinsing carcasses, or conveying food materials; process wastewater treatment sludges; blood; bone; fruit and vegetable peels; seeds; shells; pits; cheese whey; off-specification food products; hides; hair; and feathers.
Q: Is FPR hazardous?
A: It can be. From the Pennsylvania DEP’s The Food Processing Residual Management Manual page 6
Any FPR material that has been mixed with a listed hazardous waste, or exhibits hazardous characteristics (e.g., ignitability, corrosivity, reactivity, or toxicity) must be handled as a hazardous waste. An FPR becomes a hazardous waste only under unusual circumstances. However, such situations may arise. One example would be a spill of toxic cleaning agent that was washed into an FPR stream. The entire contaminated FPR stream would require handling as a hazardous waste.
Q: What regulations govern FPR?
A: DEP regulates FPR. From Pennsylvania DEP’s The Food Processing Residual Management Manual page 7:
An FPR is an incidental organic material generated by processing agricultural commodities for human or animal consumption. The term includes food residuals, food coproducts, food processing wastes, food processing sludges, or any other incidental material whose characteristics are derived from processing agricultural products. Examples include: process wastewater from cleaning slaughter areas, rinsing carcasses, or conveying food materials; process wastewater treatment sludges; blood; bone; fruit and vegetable peels; seeds; shells; pits; cheese whey; off-specification food products; hide; hair; and feathers. Note that only those materials that are wastes are regulated by the Pennsylvania Department of Environmental Protection (PADEP).
Q: Is land application of FPR 100% safe?
A: No. Recently an FPR plant, The Barr “Farm” which is similar in appearance to that at Nolt Trucking’s planned facility poisoned the surrounding wells in 2021. As of November 2022, the wells are still not usable.
Q: What is the Right to Farm Act and why is it relevant to the Nolt property?
A: The Right to Farm Act was passed with the intention of helping farmers avoid nuisance lawsuits so long as they are participating in "normal” farming operations which the owner of this property may or not be for various reasons.
From the law itself:
It is the declared policy of the Commonwealth to conserve and protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits and ordinances. As a result, agricultural operations are sometimes forced to cease operations. Many others are discouraged from making investments in farm improvements. It is the purpose of this act to reduce the loss to the Commonwealth of its agricultural resources by limiting the circumstances under which agricultural operations may be the subject matter of nuisance suits and ordinances.
https://www.legis.state.pa.us/WU01/LI/LI/US/HTM/1982/0/0133..HTM
Waste haulers have been exploiting the generous provisions given to normal farming operations and real farmers and have begun attempting to use them to shield their dumping activities.
Q: Why is the East Coventry Advocacy group concerned if FRPs are well regulated?
A: FPR regulation generally gives “farmers” the benefit of the doubt until there is a complaint or self-report of a problem. However, there is a financial incentive for waste haulers to maximize profits by accepting the largest amount of FPR from customers possible even if it cannot be applied to the land per the letter of the regulation. Much if not all of the land itself that is on 851 Bethel Church rd is also not suitable for land application of FPR which begs the question, where is all of the FPR going to go after the 1.4million gallon pit is filled up.
Q: What was Nolt planning to put into the pit?
A: Their application lists both manure and FPR. They have submitted a manure management plan to DEP which includes Tyson Broiler Litter.
Q: What is Nolt planning to spread on the land?
A: Presumably they would spread or inject FPR, manure, and any other chemicals required for production.
Q: Is Nolt doing any real farming (vegetables or animals) on the Bethel Church Property?
A: Nolt has planted commodity soybeans, and has stated they plan to also grow corn and wheat. There are no cows visible on the property currently where they used to graze in the field.
Q: Does Nolt’s letter mean they are backing out from constructing the pit and applying FPR to the ground?
A: No. They may apply for a new permit at any time in the future. We also do not know if they are applying or injecting the FPR into the soils.
Q: What risks do the FPR pit pose to the community?
A: The pit could leak slowly into the water table or the Stony run. Or in a natural disaster it could split and 1M+ gallons of FPR slurry could quickly flood the surrounding areas and rivers. In large rainstorms, it could also overflow.
Q: What risks does applying FPR to the land pose to the community?
A: The FPR could be the source of well contaminations and quickly spread throughout the watershed. It could be the source of E.coli, nitrates, anti-biotic resistant bacteria or other problems depending on where the FPR and manure are sourced from.