f
Office of the Administrator
Washington, DC 20460
Mail Code 1802
Project XL Progress Report
Jack M. Berry, Inc.
On March 16,1995, the Clinton Administration announced a portfolio of reinvention initiatives
to be implemented by the U. S. Environmental Protection Agency (EPA) as a part of its efforts
to achieve greater public health and environmental protection at a more reasonable cost.
Through Proj ect XL, which stands for excellence and Leadership, EPA enters into specific
proj ect agreements with public or private sector sponsors to test regulatory, policy, and
procedural alternatives that will produce data and experiences to help the Agency make
improvements in the current system of environmental protection. The goal of Proj ect XL is to
implement 50 projects that will test ways of producing superior environmental performance
with improved economic efficiencies, while increasing public participation through active
stakeholder processes. As of October 1999,15 XL proj ects are in the implementation phase
and 3 5 XL proj ects are under development. EPA Proj ect XL Progress Reports provide
overviews of the status of XL proj ects that are implementing Final Proj ect Agreements (FPAs).
The progress reports are available on the Internet via EPAs Proj ect XL web site at http://
www.epa.gov/Project XL. Or, hard copies may be obtained by contacting the Office of
Reinvention's Proj ect XL general information number at 202-260-7434. Additional informa-
tion on Proj ect XL is available on the web site or by contacting the general information num-
ber.
The Jack M. Berry, Inc. facility in LaBelle, Florida, was the site of one of the earliest Proj ect
XL pilots. The project, however, was terminated June 2,1999, following a management
change at the facility and suspension of work on the Comprehensive Operating Permit
(COP) that would have been the project's focus. Even though the project was not
implemented as expected, the cooperative work by Berry, the Florida Department of Environ-
mental Protection (FDEP), the South Florida
Water Management District (SFWMD), and
EPA was a valuable learning experience.
Background
JackM. Berry, Inc. is a midsized citrus
juice-processing company. The
company's LaBelle facility is located 30
miles east of Fort Myers on Berry's largest
grove, consisting of about 10,000 acres of
Berry XL Project
LaBelle, Florida
Major Milestones
August 16, 1995
Berry XL Proposal
Submitted
Augusts, 1996
Final Project Agreement
Signed
1997
LaBelle Facility's
Change in Operator
June 2, 1999
Project Terminated
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Berry XL Project 12-31-99
orange and grapefruit trees. The Berry XL Proj ect would have established a process by which Berry would
prepare a COP in partnership with the FDEP, SFWMD, and EPA. The COP would have eliminated the
requirement of preparing multiple permit applications every few years. The resulting cost savings would have
been used by Berry to improve environmental performance. Once completed, the COP would have been
reevaluated every 5 years by EPA, FDEP, SFWMD, and Berry.
In the FPA developed for the proj ect, Berry also committed to instituting both the International Organization for
Standardization (ISO) 9000 management program and the ISO 14000 environmental management program as a
means of promoting continuous superior environmental performance, including strategies for pollution preven-
tion and source reduction. The superior environmental benefits of this project would have been
• a reduction in air emissions of volatile organic compounds (VOCs), sulfur dioxide (SO2), and nitrogen oxide
(NOx) through voluntary installation of updated equipment and implementation of updated citrus processing
procedures;
• a reduction in consumptive water use through both water conservation and the reuse of treated industrial
wastewater as irrigation water;
• a substantial reduction in the facility's spray site's use as an industrial wastewater disposal area;
• minimized offsite odors, and consequently complaints from the public, by using artificial wetlands to treat
industrial wastewater;
• the elimination of a source of potential groundwater contamination and odor by closing or modifying an
existing surge pond;
• a reduction in the amount of hazardous solvents and lubricants used onsite by replacing them with more
environmentally friendly materials;
• innovative research on the use of natural substances extracted from orange peels as alternatives to toxic
solvents; and
• a reduction in the amount of material entering the solid waste stream by increasing metal recovery and by
recycling scrap material, paper, glass, and plastics.
The Experiment
The Berry proj ect aimed to develop a facility-wide COP that would have consolidated 23 Federal, state, and
local environmental permits and all operating procedures into a single manual for the facility. The COP would
have been a multi-media permit that was part of a streamlined permitting approach that was expected to better
integrate plant operation and compliance procedures, as well as to eliminate unnecessary administrative re-
quirements.
The Flexibility
The Berry plant is required to obtain multiple operating permits from multiple regulatory agencies. Air quality,
water quality, and consumptive use regulations govern the plant's boilers, feed mill dryers, drinking water,
industrial wastewater, and water use operations. The COP would have consolidated selected operating permits
and requirements, maintained all environmental standards, and committed Berry to superior environmental
performance.
The statutory programs, and the EPA offices administering the programs, affecting the Berry XL Proj ect would
have been
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Berry XL Project 12-31-99
• Safe Drinking Water Act (SDWA) programs administered by EPA's Office of Ground Water and Drinking
Water;
• Clean Water Act (CWA) programs administered by EPA's Office of Wastewater Management and EPA's
Office of Wetlands, Oceans, and Watersheds;
• Resource Conservation and Recovery Act (RCRA) programs administered by EPA's Office of Solid
Waste; and
• Clean Air Act (CAA) programs administered by EPA's Office of Air Quality Planning and Standards.
All permitting programs that would have been required to implement the COP are delegated by EPA to the
State of Florida. Permits are issued by SFWMD and FDEP, and FDEP had been designated the lead agency
for oversight of the Berry XL Project.
Permits. If the COP had been completed, the State of Florida and EPA would have relieved Berry of admin-
istrative and procedural rules that required the preparation and certification of multiple permit renewal applica-
tions every few years. The streamlined permitting approach was expected to result in cost savings, which Berry
could have reinvested in new environmentally beneficial operating procedures that would have prompted
exceedence of current minimum standards and increased permit compliance. The streamlined approach would
have reduced the burden on EPA and the Florida agencies to review permit applications and issue permits,
allowing those agencies to concentrate on obtaining compliance with environmental laws and moving beyond
compliance.
Reporting. Flexibility in Florida regulations governing the permit application process would have allowed
Berry to use nonstandard forms in reporting environmental performance, which would have been simplified and
part of the approved COP. Also, the State of Florida may not have required Berry to provide certification of
environmental reports by a professional engineer, because the COP would have been more comprehensive
than a certified professional engineer's application.
Promoting Innovation and System Change
Proj ect XL provides EPA opportunities to test and implement approaches that protect the environment and
advance collaboration with stakeholders. EPA is continually identifying specific ways in which XL proj ects are
helping to promote innovation and system change. The innovations and system changes that emerged during
developmental stages of the Berry XL Proj ect are described below.
The Multi-media Consolidated Operating Permit. Even though the multi-media COP for Berry was not
completed, the process of developing the project concept and the State of Florida's approach to consolidated
permitting yielded valuable lessons. During the initial phase of COP development, Berry employees and the
State of Florida worked together on the development of detailed work procedures. EPA will document the
methodology used in preparing the standard work procedures in order to develop a case study of the process
that will be available to Federal and state permit writers. Also, Proj ect XL will continue to seek opportunities
to test the COP concept at another facility. In March 1999, EPA approved a detailed plan for "The Next
Generation in Permitting." The COP concept is an integral part of this plan and a potential component in the
Agency's ongoing permit improvement process.
Consolidated Reporting. The nonstandard forms for reporting environmental performance would have been
used for air quality, drinking water, industrial wastewater, groundwater monitoring, and fresh water use report-
ing. A number of state programs are looking to transition to a consolidated "one stop" reporting system. In
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Berry XL Project
12-31-99
keeping with this trend, EPA plans to further explore the Federal component of the consolidated reporting and
burden reduction opportunities as investigated by the former Berry project.
Linking Environmental Management Systems to Standard Operating Procedures. On March 12, 1998,
EPA issued a policy statement in the Federal Register describing a number of pilot proj ects—including Proj ect
XL—which will provide data on the actual compliance and environmental benefits of Environmental Manage-
ment System (EMS) approaches. Project XL had been testing the development of standard operating proce-
dures (SOPs) as part of an EMS. Early activities undertaken during the Berry XL Proj ect have provided
valuable experience in the development of SOPs that both raise employee awareness of environmental protec-
tion and improve facility compliance.
Project Commitment Summary
Berry's LaBelle facility underwent a management change while the COP was being developed. Through a lease
agreement signed in 1997, Cargill, Inc. became the facility's new operator. The company will hold the lease for
5 years and has an option to purchase the plant. As a result, for the Berry XL Proj ect to have continued,
Cargill would have had to become a party to the FPA. Work on development of the COP was put on hold in
late 1997 pending a decision by Berry and Cargill regarding the proj ect's continuation. Getting to a final
decision on the project's future, however, proved elusive. Since further progress appeared unlikely, 3 years
after the proj ect agreement was signed, EPA and the State of Florida chose to terminate the agreement on June
2,1999. The LaBelle, Florida, facility remains part of the traditional regulatory system and continues to be
governed by Federal, state, and local regulations.
This table and the environmental performance section that follows summarize progress in meeting commitments
described in the FPA for Jack M. Berry, Inc.
Commitment Status
Comprehensive Operating Permit (COP)
Develop COP.
Develop Standard Operating Procedures (SOPs).
The COP was not completed.
SOPs, along with easier-to-follow work instructions,
have led to continuous improvement in environmental
performance by reducing incidences of minor envi-
ronmental violations.
ISO 14000 Environmental Management System (EMS)
Complete documentation for the ISO 14000 EMS.
The EMS documentation was not completed. The
SOPs and work instructions in the draft COP were
designed to be compatible with the ISO to expedite
implementation.
Air
Replace the existing peel dryer with a more efficient
peel dryer, or modify the drying process to reduce
VOC emissions.
Perform a stack test following either installation of the
new peel dryer or process improvement.
Improved peel dryer was installed 9/96.
No information available.
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Commitment
Status
Air
Prepare strategy for reducing emissions of SO2,
NOx, and VOCs; to be completed one year from
COP effective date.
Work on this did not occur.
Implement strategy for reducing emissions of SO2,
NOx, and VOCs; to be implemented following
approval of emission reduction strategy.
Work on this did not occur.
Water
Abandon use of the spray site as an industrial
wastewater disposal area in order to reduce odor
problems.
Spray site abandoned 10/97. Certification on the
spray-site abandonment site was to be provided
annually starting one year after the COP's effective
date, but certification did not occur.
Reuse treated industrial wastewater to irrigate a
1,400-acre section of citrus groves.
Industrial wastewater reuse was reported achieved
by 10/97. Information on amounts of wastewater
reused is not available.
Describe the facility's water conservation measures;
submit a report annually starting one year after the
COP's effective date.
Work on this did not occur.
Measure the amount of water used in facility
operations; submit a report annually starting one
year after the COP's effective date.
Work on this did not occur.
Maintain wetland treatment of wastewater; certify
use of wetland treatment annually starting one year
after the COP's effective date.
Wetland treatment system reported in full use in
1996. Certification on the use of the wetland
treatment area but did not occur.
Maintain the current location of wetland treatment
ponds to minimize offsite odor complaints. Certify
the location of ponds annually starting one year after
the COP's effective date.
Certification on the location of the wetland treatment
ponds did not occur.
Close or modify the surge pond to eliminate odor
problems and the potential for groundwater con-
tamination from industrial wastewater.
The surge pond was modified in 1997 by installing
larger pumps that operate at lower levels.
Meet the drinking water standards equal to half of
the Maximum Contaminant Levels (MCLs) allowed
under the Safe Drinking Water Act (SDWA); report
the MCLs in accordance with Florida regulation.
The facility met drinking water standards equal to
half of the MCLs except for radionuclides. Informa-
tion on progress in reducing radionuclide levels to
half of the MCLs is not available.
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Commitment Status
Solid and Hazardous Waste
Reduce the number and types of solvents and lubri-
cants used onsite. Provide an annual list of solvents
and lubricants used onsite, and their environmentally
friendly replacements, starting one year after the
COP's effective date.
Recycle scrap metal.
Reduce landfill disposal of paper, metal, glass, and
plastic to the best extent possible.
The list of solvents and lubricants used onsite is
included in the FPA; the list of solvents and lubricants,
and their environmentally friendly replacements, was
not provided.
Recycling reported increased by 2/97. No infor-
mation is available on the amounts recycled.
Solid waste disposal reported increased by 2/97.
No information is available on the level of disposal
reductions.
Employee Training
Educate processing plant personnel on the COP,
permit conditions, and general regulatory requirements.
Provide continuous training through regulatory council
and regulatory steering committee.
Status unknown.
Status unknown.
Environmental Performance
One of the obj ectives of the Berry XL Proj ect was to replace existing regulatory permits and regulatory operat-
ing requirements with a single COP. The following permits were to be combined into a single permit to be
evaluated by EPA, Florida, and Berry every 5 years.
Permit/Requirement
Boiler #1 Air Quality Permit
Boiler #2 Air Quality Permit
Boiler #3 Air Quality Permit
Feed Mill Dryer Air Quality
Permit
Drinking Water Requirement
Industrial Wastewater-
Groundwater Monitoring
Requirement
Consumptive Use Permit
Responsible Agency
FDEP
FDEP
FDEP
FDEP
FDEP
FDEP
SFWMD
Year
Issued
(if applicable)
1989
1989
1993
1989
1993
—
—
Latest
Permit
Issued
1998
1998
1998
1998
1998
1998
1997
Year
Expires
(if applicable)
2006
2006
2006
2006
—
2000
2007
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Berry XL Project 12-31-99
This section summarizes progress in meeting the environmental performance described in the FPA for Jack M.
Berry, Inc.
Water Consumption and Conservation: Berry had committed to reusing its treated wastewater for irriga-
tion rather than disposing of it through land application on a spray field. Berry eliminated a spray field (88-acre
field in operation since 1974) that had been used for wastewater disposal. This eliminated an odor problem.
The Berry facility also began reusing all wastewater produced by the facility to irrigate a 1,400-acre section of
citrus groves.
Berry also had committed to describing its water conservation activities and measuring the amount of water
used in facility operations. Under its existing permit, the LaBelle facility's maximum daily wastewater flow limit
is 0.98 million gallons per day. There were to be annual reports on water conservation activities, starting one
year after the effective date of the COP. This commitment was not implemented.
Potable Water: Berry had voluntarily committed to meet drinking water standards equal to half of the MCLs
allowed under the SDWA. The Florida Administrative Code, Chapter 62-550, specifies allowable MCL levels
for a variety of contaminants, including inorganics, volatile organics, and radionuclides, as well as for microbio-
logical contamination. Berry reports contaminant levels to FDEP in accordance with Florida regulation.
Berry voluntarily met drinking water standards equal to half of the MCLs allowed under the SDWA, except for
radionuclides. The most recent test data on radionuclides showed gross alpha particle activity to be 9.7
picocuries per liter, compared to Florida's MCL of 15 picocuries per liter. Test data show combined radium-
226 and radium-228 activity to be 5.8 picocuries per liter, compared to Florida's MCL of 5 picocuries per
liter. Information on progress toward achieving radionuclide levels equal to half the applicable MCL is not
available.
Sulfur Dioxide (SO^ Emission Reductions: Berry had committed to implementing a strategy for reducing
SO2 emissions within one year from the COP effective date. The strategy would detail emissions reporting
requirements. Potential methods for reducing SO2 emissions included decreasing the sulfur content in fuel oil
and limiting the quantity of oil burned per year. Under a standard permit, the facility is allowed to emit 249.6
tons per year of SO2. The baseline level of emissions that was to be used for implementing the COP was
143.9 tons per year (1994-1995 average). This commitment was not implemented.
Nitrogen Oxide (NOx) Emission Reductions: Berry had committed to implementing a strategy for reduc-
ing NOx emissions within one year from the COP effective date. The strategy would detail emissions reporting
requirements. NOx emissions were not covered by air permits at the time the FPA was signed. However, a
baseline of 65.4 tons per year (1994-1995 average) of NOx emissions was to be used for implementing the
COP. This commitment was not implemented.
Volatile Organic Compound (VOC) Emission Reductions: Berry had committed to implementing a
strategy for reducing VOC emissions within one year from the COP effective date. The strategy would detail
emissions reporting requirements. VOC emissions were not covered by air permits at the time the FPA was
signed. Berry installed a more efficient peel dryer in September, 1996, to reduce VOC emissions. There may
have been additional reductions accomplished through process improvements or installation of a VOC control
device. There was no baseline established for VOC emissions against which progress would have been
measured. Other than replacing the peel dryer, this commitment was not implemented.
Solid Waste Disposal Reductions: Berry had committed to reducing the disposal of solid waste generated
by the facility through recycling of paper, plastic, metal, and glass. There were to be annual reports on solid
waste disposal, starting one year after the effective date of the COP. The baseline for solid waste disposal by
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Berry XL Project 12-31-99
the facility was set at 15,480 cubicyardsperyear(1994-1995 levels). The performance goal was 12,000
cubic yards per year by the year 2001, and Berry reported that solid waste recycling was initiated in February,
1997. Information on the amount of solid waste recycled and disposed of in landfills is not available.
Scrap Metal Recycling: Berry had committed to increasing its scrap metal recycling from a baseline of
64,500 pounds per year (June 1995 through June 1996) to a goal of 68,000 pounds per year by the year
2001. There were to be annual reports on scrap metal recycling, starting one year after the effective date of the
COP. Berry reported that it increased scrap metal recycling in February, 1997, but information on the amount
of scrap metal recycled is not available.
Hazardous Chemical Use Reductions: Berry had committed to reducing the number and types of solvents
and lubricants used onsite and to replace these with environmentally friendly materials where possible. There
were to be annual reports on hazardous material use reductions, starting one year after the effective date of the
COP. Berry reported implementing a self-audit process and prepared a list of solvents and lubricants used
onsite during development of the FPA. As result of the audit, Berry was able to eliminate the use of some
hazardous materials. Information on the quantities of hazardous materials eliminated is not available.
ISO 14000 EnvironmentalManagement System: Berry had committed to instituting an ISO 14000 EMS at
its facility. Berry facility managers and employees, with assistance from Florida DEP, began developing detailed
work instructions to help employees better understand the environmental aspects of their j obs, leading to continu-
ous improvement in environmental performance. This helped standardize environmental testing performed by
different employee shifts at the plant, resulting in consistent data quality. Overall, Berry's level of compliance with
regulations has improved, and the incidences of violations have been reduced significantly. The work instructions
and ISO 14000 EMS implementation have not been completed.
Stakeholder Participation
To ensure stakeholder participation, the facility formed a Stakeholder Committee in May, 1996; it included
representatives from the LaBelle Chamber of Commerce, the Regional Economic Development Initiative
(REDI), River Watch, the Audubon Society, the Nature Conservancy, Department of the Interior, and the
Office of the Mayor of LaBelle. The Stakeholder Committee participated in the public meeting held by the
facility in LaBelle, Florida, on May 9,1996. The purpose of the meeting was to inform all interested citizens
about the development and implementation of Berry's XL Proj ect and to seek public comment and input on the
proposal. Additional stakeholder involvement activities did not take place. Had the proj ect been implemented,
the Stakeholder Committee would have been asked to review and comment to Berry on the proposed COP.
In addition, except for data determined to be confidential business information, all reports prepared under the
COP would have been available for public inspection.
Project Contacts
Katherine Dawes, EPA Headquarters, (202) 260-8394.
ZylphaPryor, EPARegion4, (404) 562-9535.
Michael Owens, FDEP, (850) 921-9717.
Terrie Bates, SFWMD, (561) 682-6952.
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Berry XL Project 12-31-99
Information Sources
The information sources used to develop this progress report include (1) discussions during teleconferences
among representatives of the U.S. EPA; JackM. Berry, Inc.; Cargill, Inc.; andFloridaDEP; (2) the FPA for the
Jack M. Berry, Inc. XL proj ect; and (3) the June 2,1999 letter terminating the proj ect.
Glossary
Baseline: The measure by which future environmental performance can be compared.
Clean Air Act (CAA): The C AA is the comprehensive Federal law that regulates air emissions from area,
stationary, and mobile sources. This law authorizes EPA to establish National Ambient Air Quality Standards
(NAAQS) to protect public health and the environment.
Clean Water Act (CWA): The CWA sets the basic structure for regulating discharges of pollutants to waters
of the United States. The law gives EPA the authority to set technology-based effluent standards on an industry
basis and continues the requirements to set water quality standards for all contaminants in surface waters. The
CWA makes it unlawful for any person to discharge any pollutant from a point source into navigable waters
unless a National Pollutant Discharge Elimination System (NPDES) permit is obtained under the Act.
Comprehensive Operating Permit (COP): A single permit, including all operating procedures, that consoli-
dates existing operating permits issued under various Federal and state environmental protection statutes.
Environmental Management System (EMS): Documentation that describes the methods that can be imple-
mented in an organization to minimize harmful effects on the environment caused by pollution or natural re-
source depletion.
Final Project Agreement (FPA): An agreement negotiated by the project sponsor, EPA, state agencies, Tribal
governments, other regulators, and direct participant stakeholders. The FPA outlines the goal s of the proj ect
and each party's commitments.
Gross Alpha Particle Activity: A measurement of radioactivity due to emission of alpha particles. Alpha
particles are positively charged particles, each composed of two neutrons and two protons, released by some
atoms undergoing radioactive decay.
International Organization for Standardization (ISO) 9000: ISO 9000 is primarily concerned with quality
management. The definition of quality in ISO 9000 refers to all those features of a product or service that are
required by the customer. Quality management is the action taken by an organization to ensure that its products
conform to customers' requirements. The ISO 9000 series sets out the methods that can be implemented in an
organization to ensure that customers' requirements are fully met, and that available resources, including
material, people, and technology, are used efficiently.
International Organization for Standardization (ISO) 14000: ISO 14000 is primarily concerned with environ-
mental management. The ISO 14000 series sets out the methods that can be implemented in an organization to
minimize harmful effects on the environment caused by pollution or natural resource depletion.
Maximum Contaminant Levels (MCLs): The maximum concentrations of specific contaminants that are
allowed under the federal Safe Drinking Water Act (SDWA).
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Media: Specific environments—air, water, soil—that are subject to regulatory concern and activities.
Multi-media: Several environmental media, such as air, water, and land.
Nitrogen Oxide (NOx): An air pollutant that is the result of photochemical reactions of nitric oxide in ambient air.
Typically, it is a product of combustion from transportation and stationary sources. It is a maj or contributor to
the formation of tropospheric ozone, photochemical smog, and acid deposition.
Potable Water: Water that is safe for drinking, typically referring to well water.
Radionuclides: Radioactive particles, man-made or natural, with a distinct atomic weight number. Radionuclides
can persist for many years as soil or water pollutants.
Resource Conservation and Recovery Act (RCRA): RCRA gives EPA the authority to control hazardous
waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal
of hazardous waste. RCRA also set forth a framework for the management of nonhazardous wastes. RCRA
enables EPA to address environmental problems that could result from underground tanks storing petroleum
and other hazardous substances. RCRA focuses only on active and future facilities and does not address
abandoned sites.
Safe Drinking Water Act (SDWA): The SDWA was established to protect the quality of drinking water. This
law focuses on all waters actually or potentially designated for drinking use, whether from above- ground or
underground sources. The Act authorizes EPA to establish safe standards of purity and requires all owners or
operators of public water systems to comply with primary (health-related) standards. State governments, which
assume this power from EPA, also encourage attainment of secondary standards (for example, water clarity).
Sulfur Dioxide (SO2): A gas that is formed when fuel containing sulfur (mainly coal and tar fuels) is burned and
during metal smelting and other industrial processes. Sulfur dioxide is associated with acidification of lakes and
streams, accelerated corrosion of buildings and monuments, reduced visibility, and such adverse health effects
as inhibition of breathing, respiratory illness, and aggravation of existing cardiovascular disease.
Surge Pond: A man-made body of water built to capture excess water flows; for example, from a storm.
Volatile Organic Compound (VOC): Any organic compound that easily evaporates and participates in atmo-
spheric photochemical reactions, except those designated by EPA as having negligible photochemical reactivity.
Wastewater: The spent or used water from a home, community, farm, or industry that contains dissolved or
suspended matter.
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