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Berry Corporation
Berry Final Project Agreement
Final Project Agreement between Jack M. Berry, Inc. and Florida Department of Environmental Protection, South Florida Water Management District, and Environmental Protection Agency for eXcellence and Leadership
Section I Governing Procedures
A. Purpose of Agreement/Project Description
B. FPA Signatories
C. Roles and Responsibilities of FPA Signatories
D. Duration and Evaluation of FPA and COP
E. Modification
F. Termination
G. Severability
H. Transfer of FPA and COP
I. Dispute Resolution
Section II Permit Consolidation Plan
A. Description of Comprehensive Operating Permit
B. Public Participation
C. Governing Regulations
D. Identification of Regulatory Flexibility
E. Enforcement
Section III Project XL Criteria
A. Environmental Commitments and Monitoring
B. Cost Savings and Paperwork Reduction
C. Description of Stakeholder Involvement
D. Innovation/Multi-Media Pollution Prevention
E. Transferability
F. Shifting of Risk Burden
Attachments
Facility Location Attachment 1
Simplified Permit Attachment 2
MOU Attachment 3
COP Employee Training - Meeting Forms Attachment 4
COP Employee Training - Results Reporting Attachment 5
Example COP Attachment 6
Public Notice Procedures Attachment 7
Florida General Counsel Statement Attachment 8
Section I Governing Procedures
A. Purpose of Agreement/Project Description
This Final Project Agreement (FPA) states the intention of the U.S. Environmental Protection Agency (EPA), Jack M. Berry, Inc. (Berry), Florida Department of Environmental Protection (FDEP), and South Florida Water Management District (SFWMD), to carry out a pilot project as part of EPA's "Project XL" program, to test innovative approaches to environmental protection. The FPA is intended to be a joint statement of the parties' plans and intentions in this project. The FPA is not, however, intended to create legal rights or obligations and is not a contract, or a regulatory action such as a permit or rule. Some provisions of this FPA will be implemented through a separate permit, the terms and conditions of which will be legally enforceable.
This FPA involves an innovative approach to the permitting of an existing citrus juice plant (Facility). A map of the facility location and general facility layout is located in Attachment 1. Specifically, the FPA allows the applicant to prepare a Comprehensive Operating Permit (COP) for the Facility, which will consolidate operating permits, including all operating procedures, into a single permit, and provide for an evaluation period. This streamlined permit review process is an acceptable form of compliance with existing Florida law. Berry will apply for a COP to Florida Department of Environmental Protection and South Florida Water Management District by August 31, 1997.
The signatory agencies to this FPA (Agencies) will review the COP to ensure that appropriate regulations are satisfied. Each Agency will prepare a simplified permit (Attachment 2) giving agency approval of the COP and stating that the intent of all governing regulations will be met provided that the facility is operated in accordance with the COP. Prior to issuance of the COP and the simplified permit, public notice requirements of Chapter 120, F.S., will be satisfied. Any conditions of issuance or operation will be incorporated into the COP. Therefore, the COP will supersede the existing regulatory environmental permits identified in Section II.A.
A Memorandum of Understanding (MOU) (Attachment 3) will be signed by stakeholders supporting the implementation of the COP. The objectives and expectations of the FPA and MOU parties include the following.
OBJECTIVES GOVERNMENT INDUSTRY/AGRICULTURE Improve Compliance with regulations Improve Compliance with regulations Net improvement in the environment Net improvement in the environment Reduce costs of permit review and field inspection Reduce costs of permit review and field inspection Better working relationship with the regulated facility Better working relationship with regulators Reduce complexity in rules and paperwork Simplify paperwork and reporting Opportunity to train staff in place-based management, cross media permitting, and compliance Certainty and long-term assurance of business operation Create a process that will be transferable to other facilities COP to replace current short-term permits.
EXPECTATIONS GOVERNMENT INDUSTRY/AGRICULTURE Courtesy inspections Employee training Technical support More stringent emission standards than required by rule Holistic, multi-media (air, waste, water), approach, considering impact of entire facility on ecosystem Employee involvement/empowerment, require staff to comply with COP Open communication Open communication 5 year re-evaluation of COP 5 year re-evaluation of COP Implement pollution prevention strategies Implement pollution prevention strategies
B. FPA signatoriesThe signatories to this document are: the President of Berry; the Regional Administrator of EPA, Region 4; the Secretary of FDEP; and the Governing Board of SFWMD or its designee (collectively referred to as the signatory parties).
All reports required by the FPA and COP, and other information requested by the Agencies, will be signed by the President of Berry or by a duly authorized representative of Berry. A person is a duly authorized representative only if:
1. The authorization is conferred in writing by the President of Berry;
2. The authorization specifies either an individual or a position with the legal authority to bind the company; and
3. The written authorization is submitted to FDEP.
C. Roles and Responsibilities of FPA signatories
All signing parties will strive for a high level of cooperation, communication, and coordination to assure successful, effective, and efficient administration of the FPA and COP.
Permittee/Berry: Implementation of and compliance with the COP.
The Agencies/FDEP, SFWMD, EPA: FDEP will oversee management of the FPA, in partnership with EPA, SFWMD, and Berry. FDEP is also responsible for coordinating the input and review of all the Agencies at evaluation points.
The Agencies, in partnership with Berry, will monitor the implementation of the FPA through annual review of the COP and FPA reporting data. The Agencies may provide to Berry technical and other assistance on matters associated with the COP, as requested. EPA retains oversight authority pursuant to all applicable statutes.
D. Duration and Evaluation of FPA and COP
The FPA and the COP will be re-evaluated every five (5) years.
The consumptive use authorization included in the COP may be approved for a ten (10) year duration. However, during the five (5) year evaluation of the COP, the consumptive use permit shall not be subject to renewal or competition pursuant to Part II, Chapter 373, F.S.
To facilitate evaluation of the COP, Berry will prepare a COP Evaluation Report every five (5) years which will include a summary of all environmental performance monitoring data collected, as required by the COP, for the previous five (5) year period. The availability of the Evaluation Report will be publicly noticed. This notice will solicit comments from the public, regulatory agencies, and environmental groups. At the time of COP evaluation, any new statutory or regulatory requirements will be included if not already incorporated. After consideration of all submitted comments, FDEP and SFWMD will jointly prepare a written response. In addition to the notice of availability of the COP evaluation report, FDEP will notify all persons submitting written comments of any substantial modification of the COP.
To facilitate evaluation of the FPA, Berry will prepare a certified Project XL FPA Evaluation Report every five (5) years which will include a discussion of environmental benefits obtained and a summary of all monitoring data collected, as required in Section III.A, for the previous five year period. For each five (5) year reporting period, these reports will be submitted to FDEP, SFWMD, and EPA one hundred and eighty (180) days prior to the anniversary of the effective date of the COP.
These reports will be reviewed by the Agencies for the purpose of determining:
1. whether superior environmental benefits have been achieved as anticipated in the FPA;
2. whether Berry has complied with the terms and conditions of the COP; and,
3. whether the FPA and COP should be continued for another five (5) year time period.
If the above agency determinations support continuation of the FPA and COP, Berry will publish notice of intended agency action to continue and/or amend, as necessary, the FPA and COP. With regard to the COP only, such notice will be provided in accordance with Chapter 120, F.S., and will afford an opportunity to petition for an administrative hearing in accordance with applicable State law.
If the parties determine that continuation of the FPA or COP is not warranted, then termination, in accordance with Section I.F, will be invoked.
E. Modification
At any time, the FPA may be modified with the concurrence of all the signatory parties. Any modifications to the COP shall be made in accordance with the normal procedures for permit modification under Florida law. EPA and SFWMD may choose to waive concurrence with COP modifications. The submission of a request for a modification of the FPA or COP does not stay any condition of the FPA or COP.
F. Termination
Berry may terminate the FPA or COP at any time. Any Agency may terminate its participation in the FPA and initiate proceedings, available and consistent with those provided under the apppropriate State or Federal law, to withdraw its approval for those portions of the COP governed by its statutes and regulations. Any party deciding to terminate shall provide a notice of intent to terminate to the other parties.
If requested by any one party, the dispute resolution proceedings provided in I.I., below, may be initiated to resolve any dispute relating to the intent to terminate. If, following any dispute resolution or informal discussion, termination is finalized by any of the Agencies, the Agency terminating its participation in the process and withdrawing its approval of the COP must give final notice of termination to all parties. Berry shall retain all procedural and due process rights and remedies to obtain review or hearings available under applicable Federal and State law, including Chapter 120, F.S.
A party may withdraw from this FPA at any time. However, it is the desire of the parties for the FPA to remain in effect and be implemented as fully as possible and it is not their intent to withdraw unless there is a compelling reason to do so. The parties recognize that any of the following events could justify withdrawal of a party from the FPA:
1. One or more parties concludes, at a five (5) year evaluation, that the results of the project are not satisfactory (see section I.D.) or that continuation of the project is for other reasons no longer appropriate or desirable;
2. Violation of any terms or conditions of the COP by Berry or by any subsequent owner or operator of the facility;
3. Failure by any party to implement provisions of this FPA not contained in the COP;
4. Discovery of failure by Berry to disclose relevant facts during development of the FPA or the COP;
5. Discovery of newly acquired information indicating that implementation of the FPA or COP is presenting unexpected risks or unforeseen adverse consequences, or may present a substantial threat to public health, safety, or welfare, or to the environment.
If one or more parties withdraw(s), the remaining parties will consult to determine whether or not the FPA should be continued in modified form, or terminated by mutual consent.
This section does not limit or otherwise affect the Agencies' enforcement rights in Section II.E, or Berry=s rights under Federal and State law.
Within sixty (60) days after the date of any termination notice, Berry Corporation, or the current responsible party, will submit standard permit applications and fees to the appropriate permitting authorities. The permitting authorities will expedite the process of issuing permits, unless a permit is deemed inappropriate for cause, such as presenting an imminent and substantial endangerment to the health of persons, the public health or welfare, or the environment, in accordance with existing regulations. The COP, or portions thereof, shall remain effective and fully enforceable until the applicable permit(s) become(s) effective. Upon the effective date of a permit, the corresponding portion(s) of the COP will terminate. Upon termination of the COP or FPA, or any portion thereof, Berry will not be considered a new source or a new user.
G. Severability
Should any term or provision of the FPA be modified or withdrawn, to any extent, such modification or withdrawal shall not affect any other term or provision of the FPA.
H. Transfer of FPA and COP
It is the intention of the parties that FPA and COP responsibilities, coverage and liability will transfer on the same date as any transfer of ownership of the Facility. The FPA and COP shall be automatically transferred to the new owner of the Facility if:
1. Berry notifies the Agencies of the proposed transfer of ownership at least ninety (90) days prior to the proposed transfer date;
2. The notice includes a written agreement between Berry Corporation and the new owner containing a specific date for transfer of FPA and COP responsibility, coverage, and liability, which will be the same as the date for transfer of ownership;
3. The new owner provides the Agencies with a written statement affirming that it has reviewed the FPA and COP, agrees to accept responsibility for operating the facility in accordance with these documents, and will execute, on the same date that transfer of ownership takes place, an amended FPA and COP which replaces Berry as a signatory party.
If a termination notice from an Agency is not received by Berry within 90 days of the date of Berry's notification of transfer of ownership, the transfer of the FPA and COP becomes effective on the same date that transfer of ownership of the facility takes place. Transfer of the COP will take place in accordance with applicable procedures for permit transfer under Florida law.
I. Dispute Resolution
Any dispute that arises with respect to the meaning, application, implementation, interpretation, amendment, termination or modification of the FPA, or with respect to Berry=s implementation of the FPA, the resolution of which is not expressly provided for in the FPA, will, in the first instance, be the subject of informal negotiations, except with respect to matters preserved in Section II.E. To initiate informal negotiations, any party which believes it has a dispute with any other party will simultaneously notify all of the parties, in writing, setting forth the matter(s) in dispute. If the dispute cannot be resolved by the parties within thirty-five (35) days of receipt of such notice, then one or both of the parties may invoke non-binding mediation by setting forth the nature of the dispute, with a proposal for its resolution, in a letter and submit the same to the EPA Region 4 Administrator, with a copy to all parties. The EPA Regional Administrator or the disputants may request an informal mediation meeting. The disputants may request an opinion from the Regional Administrator in lieu of or in addition to the mediation meeting. Any opinion, verbal or written, expressed by the Regional Administrator will be non-binding. Nothing in this section shall be construed to alter the principal parties' right to request termination pursuant to Section F herein.
Section II: PERMIT CONSOLIDATION PLAN
A. Description of Comprehensive Operating Permit
1. Discussion
One of the objectives of this XL project is to replace existing regulatory permits and regulatory operating requirements with a single document, called a COP. The current permits, listed below in Table 1, are issued by different agencies, and have varying expiration dates and renewal requirements.
Permit Responsible Agency Number DEP ID# Issued Re-Issued Expires Boiler #1 DEP AO26-24-4203 52FTM26000602 23-Mar-89 9-Mar-94 9-Mar-99 Boiler #2 DEP A26-24-4199 52FTM26000603 18-Apr-89 7-Jun-94 7-Jun-99 Boiler #3 DEP A26-23-0947 52FTM26000604 19-Oct-93 19-Oct-98 Feed Mill Dryer DEP A026-24-4209 52FTM26000601 23-Mar-89 14-Mar-94 14-Mar-99 Drinking Water DEP WC26-227842 52600-8 7-Apr-93 7-Apr-98 Industrial Wastewater -Groundwater Monitoring DEP FLA014291 12-Oct-95 12-Oct-2000 Consumptive Use Permit
SFWMD
26-00276-W10-Sep-87 10-Sep-97
*Note: A storm water National Pollutant Discharge Elimination System (NPDES) permit is not needed for Berry's process area since run-off from the activity exposed to storm water does not discharge to waters of the United States. The storm water is collected in a holding pond and sent to the treatment system. Discharge from the treatment system is used for irrigation.
The consolidation process will combine all of the permits listed above so that the entire single permit will be re-evaluated every five years. The COP will include all operating procedures necessary to operate the plant in accordance with both company policies and regulatory requirements. The facility was constructed in mid-1970s. There are some storm water management works associated with the facility. As part of the COP development process, Berry will evaluate the existing surface water management system and incorporate the applicable Environmental Resource Permit criteria into the site design. The COP will also include the requirements of any applicable regulations for which permitting is not mandated.
2. Employee Training
Initial Training: All processing plant personnel from hourly employees through plant managers will go through specific training within their respective areas of the COP. Employees will be specifically trained regarding the relationship between job procedures contained in the COP, permit conditions, and general regulatory requirements. A regulatory coordinator will be appointed to manage this overall training effort.
Continuous Training: In order to facilitate on-going training and initiate corrective action when necessary, a two-tier system will be developed consisting of the following:
a. Regulatory Council
Comprised of at least five (5) Berry senior level staff personnel meeting on a monthly basis.
b. Regulatory Steering Committees
Comprised of at least four (4) members meeting bi-monthly whose areas of processing plant operations include:
- Fruit Receiving/Processing/Feedmill
- General Plant Maintenance
- Blindroom/Drumming/Warehouse
- Administration
- Not-From-Concentrate
- Quality Control/Sanitation
- Safety
Each steering committee meeting will be recorded utilizing a specific format (Attachment 4). Progress and results for each steering committee will be measured by using a variable control chart (Attachment 5).
3. Replacement of Existing Permits
On the effective date of the COP, all existing environmental regulatory permits listed in Section II.A.1 will be replaced by the COP.
4. Form of the Permit
Each Agency will issue a simplified permit (Attachment 2) giving agency approval of the COP and stating that the intent of all governing regulations will be met provided that the facility is operated in accordance with the COP. Any conditions of issuance or operation shall be incorporated into the COP. Tdherefore, the COP and the simplified permit will replace the existing regulatory environmental permits identified in Section II.A.1., and will constitute the permit as defined in the applicable statutes and regulations.
5. Incorporation of Existing Permit Conditions
The COP will incorporate all applicable regulatory conditions of issuance and operation, as of the date the COP is effective, except as noted in Section II.D. New requirements or other changes to Berry's regulatory status are accomodated through a modification of the COP pursuant to Section I.E., and II.C. The COP format will reflect instructions needed to operate the facility by process area. Each specific operating procedure, condition, standard, or criteria required by current rules will be highlighted by bolding, or other technique, in order to indicate that it is a mandatory action required by law. An example of the COP is located in Attachment 6.
6. Scope of Authorization
The COP protocol will provide authority solely for the operation of the Berry Facility. Neither the FPA nor the COP shall constitute an authorization for the construction of new regulated facilities, or for major or minor modifications (as defined in Agency rules). Such activities will continue to be administered through appropriate permit actions. However, the COP may be amended to include operation of new/modified facilities.
B. Public Participation
This procedure is not intended to diminish in any way the ability of the public to participate in the COP review, modification, or re-evaluation process. Indeed, since this is a new approach to permitting, additional time and effort will be devoted to notifying the public of the process as well as the content of this project. The public notice/participation requirements set forth in Attachment 7 will apply to COP issuance.
C. Governing Regulations
It is the intent of the parties that all applicable governing regulations will be identified in the COP. However, Berry is required to comply with all applicable regulations and laws, whether or not they are identified in the COP or the FPA. Existing Florida laws and regulations, except as specifically listed in this FPA in Section II.D, shall continue to apply. The COP shall be modified to incorporate new applicable statutory or regulatory requirements.
If any portion of this FPA conflicts with an existing or future statue or regulation, then the existing or future requirement will render that portion of the FPA invalid. This conflicts exception does not extend to the regulatory flexibility identified in Section II.D.
D. Identification of Regulatory Flexibility
The Florida regulations which govern the permit application process applicable to Berry include the following:
1. Rules 62-4.050(1), 62-4.090(1), and 40E-1.603(2)(a), F.A.C., require that permit applications be submitted on prescribed application forms. Application forms are adopted by rule.
2. Rule 62-4.050(3), F.A.C., requires that all applications for FDEP permits be certified by a professional engineer registered in Florida, except for renewal of a minor air source.
3. Rule 62-4.070(7), and the last sentence of 62-4.160(5), F.A.C., negate the concept of a permit shield, and require all persons to comply with all valid laws and regulations, notwithstanding the issuance of a permit.
4. Rule 40E-4.321(1)(c), F.A.C., specifies that the duration of the construction phase of an Environmental Resource Permit is five years or such amount of time as is made a condition of the permit.
The innovation provided for by this FPA will allow Berry to avail itself of an accelerated permit application process. Specifically, Berry will be required to send a letter of request for COP re-evaluation to FDEP and SFWMD, six (6) months prior to the anniversary date of the COP. The letter will be accompanied by supporting data on monitoring and compliance, as described in Section I.D., demonstrating that the company has been in compliance and will continue to perform up to the same compliance level for the next five-year period.
This accelerated application process effects three changes to the above regulations of FDEP and SFWMD. First, it allows Berry to use non-standard forms rather than those required by Rules 62-4.050(1), 62-4.090(1), F.A.C and 40E-1.603(2)(a), F.A.C. However, all the necessary relevant information provided to the regulators under those rules will be provided by this alternative application process. Second, it does not require that the letter and accompanying data with the re-evaluation request be certified by a professional engineer as dictated by Rule 62-4.050(3), F.A.C. The five year COP Evaluation Report, certified by Berry, provides a five year picture of environmental performance. The professional engineers' certification of an application would represent a single data point, "a snapshot" of environmental performance. Therefore, the COP Evaluation Report is far more comprehensive and representative of actual environmental performance than a certifed professional engineers' application. Third, by allowing Berry flexibility on the two previous requirements, the result is a narrower construction of the requirement of Rule 62-4.070(7) and the last sentence of 62-4.160(5). Fourth, the standard duration for construction permit issued pursuant to the Environmental Resource Permit Program is five years. However, because the five year evaluation of the FPA and COP provides an opportunity to incorporate new regulatory criteria into the project, a longer duration construction permit may be authorized, subject to continuation of the FPA and COP.
Two provisions of the Florida Statutes confer authority upon the State to allow flexibility in administering these regulations. In accordance with Florida Statue 403.061(21) the State can enter into agreements with other agencies of the State, the Federal Government, other states, interstate agencies, groups, political subdivisions, and industries affected by the Environmental Control Act, its implementing regulations, or policies of FDEP. Florida Statute 403.061(34) further provides that the State can establish and administer programs that provide appropriate incentives for pollution prevention and pollution reduction at its source.
The parties to this FPA have determined that an accelerated permit application process constitutes appropriate incentive for the expected significant reductions in water consumption, air emissions, wastewater, and solid waste disposal, and the benefit of drinking water that is safer than that required by law. The General Counsel for FDEP has determined that the regulatory incentive mechanism herein satisfies the applicable statutory criteria and is, in all respects, a legal procedure for implementation by FDEP (Attachment 8).
E. Enforcement
All state and federal regulations and policies governing enforcement of this Facility will remain effective and be fully enforceable. The regulations and policies in effect at the time of the occurrence of any alleged violation will apply. Nothing in the FPA shall be construed to prevent or limit either Berry=s legal rights or the Agencies= rights to seek legal, equitable, civil, criminal, or administrative relief, except as expressly provided in the COP. Neither this FPA nor the COP shall be construed to limit the authority of the Agencies to respond to conditions which may present an imminent and substantial endangerment to the health of persons, the public health or welfare, or the environment.
Section III: Project XL Criteria
A. Environmental Commitments and Monitoring
Berry, through this FPA, commits to superior environmental performance. Berry commits to environmental performance that exceeds that which would be achieved through compliance with current and reasonably anticipated future regulation, in the areas of; water consumption and conservation, air emissions, industrial wastewater treatment and wetland conservation, solid waste, and potable water and surface water management. Berry also commits to instituting the ISO 9000 management program and the ISO 14000 environmental management program. The superior environmental performance measures, benefits, baselines, and monitoring requirements are described in the following tables and charts. The environmental benefits for the FPA Evaluation Report will be measured from an annual average baseline. The annual average baseline was determined from the most representative data of the past three calendar years.
1. Water Consumption and Conservation
Berry Environmental Commitment Superior Environmental Benefit Environmental Baseline Environmental Performance Monitoring Re-use treated industrial wastewater. Reduce the consumptive use of water. * 2.0 MGD Measure amount of ground water and surface water withdrawn. This will be reported monthly to SFWMD and copied to FDEP.
Describe water conservation measures and submit one year from COP effective date and yearly thereafter.
Measure amount of water used in Facility operations monthly and submit one year from COP effective date and yearly thereafter.
Water Conservation Reduce the consumptive use of water. * 2.0 MGD
_ Represents process water for the facility and irrigation water for a 1,400 acre section.
2. Air Emissions
Berry Environmental Commitment Superior Environmental Benefit Environmental Baseline Environmental Performance Monitoring Berry commits to the replacement of the existing peel dryer with a more efficient peel dryer or improved process modification. Reduction in VOC emissions to the air.
*VOC (fuel only) emissions = 1.0 ton per year (TPY)
VOC (peel dryer) = unknown industry-wide
Berry commits to performing a stack test following installation of a new peel dryer or completion of an improved process modification.
Berry commits to preparing and implementing a strategy for reduction of SO2, NOx, and VOC emissions. Reduction in SO2, NOx, and VOC emissions to the air.
*SO2 = 340.3 TPY *NO = 141.8 TPY
*VOC (fuel only) = 1.0 TPY
The strategy will be submitted one year from COP effective date. All signing parties will review and provide comments. The agreed on strategy will be implemented.
_ Air emissions are based on a December 1994 - November 1995 annual averageNote – Reductions in SO2 may be accomplished through fuel restrictions, cleaner fuels, and/or the installation of an SO2 scrubber. VOC reductions may occur through process improvements (i.e., d–limonene recovery), installation of a more efficient peel dryer, and/or installation of an VOC control device.
3. Industrial Wastewater Treatment and Wetland Conservation
Berry Environmental Commitment Superior Environmental Benefit Environmental Baseline Environmental Performance Monitoring Permanent abandonment of spray site as an industrial wastewater disposal area and re-use of treated industrial wastewater as irrigation water. Elimination of land application and upgrading the land use from a wastewater disposal area to citrus groves.
1995 use of spray field.
Certification of abandonment of spray field one year from COP effective date and yearly thereafter. Maintain the present wetland treatment area. Perpetuate the existence of the wetland ecosystem. Wetland system in full use in 1996. Certification of use of wetland treatment system one year from the COP effective date and yearly thereafter. Maintain wetland treatment ponds at or near the present location. Minimizes off-site odor complaints by the public. Wetland system in full use in 1996. Certification of location of wetland treatment system one year from the COP effective date and yearly thereafter. Close or modify surge pond to eliminate potential ground water contamination from industrial wastewater. Eliminates potential groundwater contamination and serves to control odor.
1995 use of surge pond for industrial wastewater
Submit a plan for surge pond closure or modification one year from COP effective date. Surge pond will be modified or closed for industrial wastewater 3 years from the effective date of the COP.
4. Solid Waste
Berry Environmental Commitment Superior Environmental Benefit Environmental Baseline Environmental Performance Monitoring Reduction of the number and types of solvents and lubricants used on-site and replace with a set number of environmentally friendly materials centrally distributed. Reduction in the amount of air emissions, possible reduction in operating costs, and reduced heath issues for facility workers. List of spray can solvents and lubricants used on the site on the FPA signing date. Report the amount of solid waste disposal in tons/year one year from COP effective date and yearly thereafter.
Submit a list of existing spray can solvents and lubricants used on site on the FPA signing date and the list of substituted environmentally friendly solvents and lubricants, i.e., no metals paint, low VOC products, water-based solvents, one year from COP effective date and certify or modify list yearly thereafter.
Report the amount of scrap metal recycled one year from
COP effective date and yearly thereafter.
Recycle scrap metal.
Increased metal recovery and decreased the amount of metal entering the solid waste stream * 64,500 lb/yr of scrap metal recycled. Recycle, to the best extent possible, paper, metal, glass, and plastic. Reduction in the amount of paper, glass, metal, and plastic entering the solid waste stream. ** 15,480 yd3/year
* Scrap metal recycled is based on a June 1995 to June 1996 annual average
** Solid waste produced is based on a January 1994 - December 1994 annual average
5. Potable Water
Berry Environmental Commitment Superior Environmental Benefit Environmental Baseline Environmental Performance Monitoring Voluntarily meet drinking water standards that are equal to one half of the maximum contaminant (MCL) levels as specified in Chapter 62-550, FAC. Drinking water will be safer than required by law.
Chapter 62-550, FAC (RO water used for domestic purposes is approximately 3,480 gallons/day) Report MCL in accordance with Chapter 62-550, FAC.
*Note - Exceedance of a new voluntary standard would trigger voluntary corrective action, but would not result in enforcement unless the MCL as specified in Chapter 62-550, FAC was also exceeded.
B. Cost Savings and Paperwork Reduction
Berry expects to realize cost savings and paperwork reduction through the COP by eliminating the requirements and associated costs of preparing permit applications approximately every five years. The burden on the Agencies to review permit applications and permits will be reduced, allowing the Agencies to concentrate on compliance with environmental laws versus permit application review or renewal processes. It is anticipated that this savings could yield a cost reduction for the Facility of several million dollars. Additionally, the paperwork associated with the submittal and processing of the current permits for Berry will be eliminated. In calculating the fees for the COP, with regard to permits issued by FDEP, credit will be given for the unexpired portion of the existing permits by pro–rating.
C. Description of Stakeholder Involvement
The Berry facility is located five miles from the nearest community (Labelle, Florida) and is essentially surrounded by ten thousand acres of citrus groves. A Stakeholder Committee was formed in May 1996 and includes representatives from the Labelle Chamber of Commerce, Regional Economic Development Initiative (REDI), River Watch, Audubon Society, Nature Conservancy, Department of Interior, and the Mayor of Labelle. The Committee will review and comment to Berry on the proposed COP. Public outreach focusing on Lee and Hendry counties will also play an essential role in soliciting stakeholder involvement. The Stakeholder Committee participated in conducting the public meeting held in Labelle, Florida, on May 9, 1996. The purpose of the meeting was to inform all interested citizens concerning the development and implementation of Berry's COP under EPA's XL Program and to seek public comment and input on the proposal. The proposed COP will be available for review at the offices of Berry, FDEP, EPA, and SFWMD.
Berry will continue to involve stakeholders in the implementation of the COP after signing. Except for data determined to be confidential under 40 CFR Part 2, all reports prepared pursuant to the COP shall be available for public inspection at the offices of FDEP and Berry. Berry pledges to maintain open communication with stakeholders.
D. Innovation/Multi-Media Pollution Prevention
The proposed COP involves a one-stop approach to the permitting of an existing citrus juice plant. It will reflect a multi-media permit and will utilize an innovative approach to regulatory compliance. Specifically, it will allow Berry, in partnership with the Agencies, to prepare the COP for the facility, which will include all operating procedures to be used by the plant employees, written in user-friendly language. Each Agency will prepare a simplified permit giving agency approval of the COP and stating that the intent of all governing regulations will be met provided that the facility is operated in accordance with the COP.
E. Transferability
There are currently twenty-four (24) similar juice processing facilities in the State of Florida, all of which are potential candidates for future use of the permitting approach described herein. A similar approach could be applied to other industrial facilities as well.
Berry commits to the development of the COP in an open and public atmosphere. With the exception of confidential business information, all aspects of the COP development, including the COP itself, are public information. To the extent possible, all signing parties, commit to the transfer of information concerning the COP to interested facilities.
F. Shifting of Risk Burden
The issuance of this COP shall not be construed to authorize or promote, directly or indirectly: any harm or injury to personal rights or private property, nor any infringement of Federal, State, or local laws or regulations; discrimination on the basis of race, color, or national origin; infringement on the protection of worker safety; or any imposition of unjust or disproportionate environmental impacts upon low-income or minority communities. Every effort shall be made to ensure that actions taken pursuant to this COP are consistent with the goals of Presidential Executive Order #12898.
Attachment 1
(Berry's Plant Layot and Coordinates)
Attachment 2
Jack M. Berry, Inc. XL Project
Sample of a Simplified Permit
The undersigned, for and on behalf of the Florida Department of Environmental Protection, hereby finds that the Comprehensive Operating Permit (COP) prepared for this facility has properly addressed all relevant regulatory issues within the jurisdiction of the Department. The Department is confident that the intent of the regulations will be met provided the applicant adheres to the COP.
Attachment 3
Memorandum of Understanding
by
Stakeholders
supporting the
Comprehensive Operating Permit Concept
I. Purpose
The signatories of this Memorandum of Understanding support the development and implementation of the COP.
1. Background
Agricultural and industrial operations are often subject to multiple permits with varying duration necessitating a continuous expense to prepare renewal applications. In many cases, no change to the original permit ensues.
The current approach to permitting and regulation is highly compartmentalized, within each agency, and subdivision of each agency, focus on environmental issues is limited to a narrow spectrum. As a result, opportunities for net environmental benefit are sometimes missed, and unnecessary costs are sometimes incurred by both government and the regulated community.
Regulatory staff have significant expertise in environmental management practices which could be of benefit to applicants. This resource is often wasted when their responsibilities limit them to reviewing the applicant=s permit application.
III. Objectives and Expectations
OBJECTIVES GOVERNMENTINDUSTRY/AGRICULTURE Improve Compliance with regulationsImprove Compliance with regulations Net improvement in the environmentNet improvement in the environment Reduce costs of permit review and field inspectionReduce costs of permit review and field inspection Better working relationship with the regulated facilityBetter working relationship with regulators Reduce complexity in rules and paperwork Simplify paperwork and reporting Opportunity to train staff in place-based management, cross media permitting, and complianceCertainty and long-term assurance of business operation Create a process that will be transferable to other facilitiesCOP to replace current short-term permits.
EXPECTATIONS GOVERNMENTINDUSTRY/AGRICULTURE Courtesy inspectionsEmployee training Technical supportMore stringent emission standards than required by rule Holistic, multi-media (air, waste, water), approach, considering impact of entire facility on ecosystemEmployee involvement/empowerment, require staff to comply with COP Open communicationOpen communication 5 year re-evaluation of COP5 year re-evaluation of COP Implement pollution prevention strategies Implement pollution prevention strategies
The Department of Environmental Protection will accept lead agency role, for coordinating the review of the Comprehensive Operating Permit with all other affected agencies.
V. Signatures
Attachment 4
Steering Committee Form Date:Time: Name:Dept/Area: Supervisor/Shift: What=s the problem?
Control chart or statistical evidence of this problem?
Most likely assignable cause:
Objectives of the committee: a)
b)
c)
Suggested committee members: a) d) b) e) c) f) Outcome of each objective: a)
b) c) How was the problem corrected?
1570 GENERAL PLANT MAINTENANCE
Department Description:
The General Plant Maintenance (GPM) area serves as a storage area and distribution point for various chemical products used in conjunction with maintenance and sanitation activities throughout the processing facility. GPM stores and dispenses lubricants, cleaning materials, paints and other hazardous chemicals routinely used in the plant. The storage area is kept locked, and materials are obtained through the attendant. Persons picking up lubricants, cleaners, or other chemicals must use suitable, labeled containers to transport the product to the desired work area. If special, protective clothing or instructions are required, the attendant ensures that the user is properly attired and informed on the chemicals use before dispensing the product.
The GPM materials list and handling procedures found in tables 1 & 2 must be approved by the Regulatory Council followed by instructions to the purchasing department to purchase only materials listed. Any requests for purchase and/or storage of non-listed materials will be immediately rejected by the purchasing agent and storage area attendant. Materials found in the work place not on the materials list will be immediately removed and evaluated to determine whether the material can be safely used and returned to the work place. This evaluation of the material can be done by the GPM supervisor. The GPM also serves as the collection point for various solid and liquid waste materials, which are stored appropriately labeled receptacles. The receptacles are kept closed at all times except tot transfer the contents from one container to another. All waste products are transported by licensed agents to authorized, off-site disposal recycling operations.
The GPM department is also responsible for the operation and monitoring of the plant's water system. The well-field consists of five wells that supply raw water to a Reverse Osmosis (RO) unit via ion exchange resin and filter units. The permittee, the water effluent from the RO unit is stabilized, and injected with liquid chlorine for its disinfectant properties.
The GPM supervisor will assure that his employees comply with the following applicable regulations:
Federal Regulations
40 CFR Parts 260-280, 40 CFR Parts 141 and 142, 29 CFR Part 1910
Florida Administrative Code
62-730, 62-710, 62-555, 62-550, 62-551, 62-560, and 62-699.
Employee Training:
All GPM employees will go through specialized training of local state and federal regulations that pertain to worker safety and environmental protection, in addition to job responsibilities an company policies that will enable the appointed GPM technicians to make the proper determinations on issues relating to their specific functions.
"Training program" will include initial and on-going training as needed.
All employees sign attendance sheet s which include the date of training activity, and a brief description of the training being received. This document is placed in each employee's personnel file to document the receipt of various training activities. This document will be provided to various governmental agencies as needed to fulfill employee regulatory training requirements.
Attachment 5
TABLE 1
Approved Materials List
Stored Chemicals and Cleaning Agents
Chemical Name Location Used Application Method Prevention Control CS-100 Process bactericide Spray nozzles Recycled until solution is neutralized CS-101 Process bactericide Applied manually Used until neutralized CS-203 Sanitizing fruit contact areas Applied manually Used until neutralized CS-300 Descaling evaporators Clean in-place systems Neutralized on contact CS-400 Extractor/finishing cleanup Clean in-place systems Recycled until solution is neutralized CS-707 NFC clean-up Clean in-place systems Recycled until solution is neutralized CS-900 Chain lubricant for elevators Applied manually Diluted before use Sodium Hydroxide Evaporators/ process cleanup
Clean in-place systems Recycled until solution is neutralized Sodium Hypochlorite Exterior non-contact sanitizer and water bath sanitizer Added to cooling towers Used until neutralized Sulfuric Acid Adjust water pH in water treatment process Neutralized on contact Rub OutTM Plant Cleanup Applied manually Neutralized on contact Descaler Plant wide stain removal Manually sprayed Neutralized on contact Glycol Refrigeration systems Collected in drums
Table 2
Approved Materials List
Stored Lubricants and Paints
Attachment 6
Chemical Name Location Used Application Method Prevention Control SAE 20 W Oil Lubricating pumps Manually added Recycled after use SAE 30 W Oil Small gas engines Manually added Recycled after use SAE 40 W Oil Diesel oil engines Manually added Recycled after use SAE 80 -90 W Grease Gear Boxes Manually added Recycled after use 68 Hydraulic Oil Hydraulic power packs Manually added Recycled after use APU Caulkin Oil Homogenizers Manually added Recycled after use DEX Mercon Power steering units Manually added Recycled after use Refrigeration Oil Refrigeration compressors Manually added Recycled after use Diesel Oil Large engine fuel Manually added Recycled after use Rustoleum Epoxy Paint High use areas Brushed on surface Residue returned for disposal Rustoleum Latex Paint Appearance areas plant-wide Brushed on surface Residue returned for disposal Rustoleum Enamel Paint Appearance areas feed mill Brushed on surface Residue returned for disposal Floor DriTM
Spill control plant-wideBroadcast over spill Depends on spill type
Hazardous Waste/Used Oil Technician
While few if any hazardous wastes are generated at Berry site, a system of waste identification and appropriate handling has been established to segregate general solid waste from hazardous wastes. Once wastes have been appropriately characterized, a certified waste contractor will be used to remove the waste.
Berry's waste oil recycling system is designed to capture any waste oil produced on site. Special waste oil tanks are located in the production area and are replaced as filled. When the inventory of special tanks are filled a licensed oil recovery contractor is called to pump out the tanks and the process is repeated.
The technician is responsible for the following functions:
1. Receive waste paint cans to assure that the cans are empty. Once it is determined that the cans are empty, they will be either recycled or disposed of into the facility's solid waste disposal system.
2. Will handle all waste drums and determine if the drums are empty and if so return them to GPM area where they will be stored appropriately closed until they are returned to supplier.
3. Determine if any material absorbed by a sorbent ( such as Floor Dri or waste oil diapers) will be handled as a hazardous waste or a solid waste.
4. Determine if waste paint and related materials used for painting will be handled as a hazardous waste or solid waste.
5. Retrieve lead-acid batteries and waste tires and deliver them immediately to the maintenance foreman in the grove's maintenance area.
6. Identified hazardous waste will be managed in closed, labeled containers at all times. The hazardous waste technician will inspect containers weekly to insure that those containers are appropriately labeled, are not leaking, and are appropriately closed.
7. Inspect used oil tanks to insure that they are labeled as "used oil", that they are not leaking, and to remove tanks to GPM area when they are full. Empty tanks will immediately replace full ones.
8. Inspect the GPM petroleum product storage area for any product leakage, and appropriate management of the product container.
9. Container inspections must be recorded weekly in a permanent log (see example below) which will be kept in the GPM office. If the containers are found to be incorrectly managed, the identified problem will be corrected immediately.
10. Notify GPM supervisor when hazardous waste or used oil containers stored in the GPM area need to be removed or emptied for proper disposal or recycling.
11. Assure that all paperwork associated with the disposal and recycling of hazardous waste or recycling of used oil has been appropriately completed prior to waste leaving the premises.
12. Maintaining all paperwork associated with the management of hazardous waste on site, and associated paperwork dealing with the off-site disposal or recycling of hazardous waste or used oil for a minimum of three years at the GPM office.
Technician will be accountable to the GPM supervisor and will keep supervisor appraised of any problems encountered in his/her daily functions.
Example: Hazardous waste/Used Oil Inspection Log
Date Inspected Time Inspected Material Inspected Inspector's Name No. of Inspected Containers General Condition of Containers Observations
Attachment 7
PUBLIC NOTICE PROCEDURES
1. NOTICE OF APPLICATION
Pursuant to the requirements of Sections 373.116, 373.229, 373.413 and 403.815, F.S. and Rules 40E-1.6062. 40E-1.6059 and 62–103.150, F.A.C., Berry shall publish a Notice of Application within 14 days of filing an application with the FDEP and the SFWMD for a Comprehensive Operating Permit (COP) in a newspaper of general circulation in the area affected. Notice language follows.
"The Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD) announces receipt on ______________, 1996, of application number ______________ for a Comprehensive Operating Permit (COP) under the XL Project inclusive of air resources management, industrial wastewater facilities, drinking water, storage tanks, consumptive use of water and environmental resource authorizations from Jack M. Berry, Inc., to operate the Berry Citrus processing plant located in Hendry County, Labelle, Florida. Groundwater will be withdrawn from [source of water supply here] by well(s) located on the [location of well(s) or point of diversion here] of the proposed project and the amount of allocation requested is [quantity of water requested here]. The groundwater will be used at the subject processing plant for the purpose of [use and limitations of water here]. The proposed environmental resource activities include [brief description of proposed activitiy, including mitigation here]. The proposed environmental resource activities include (brief description of proposed activitiy). Surface water will discharge to (name of water body here) which (is) (is not) an Outstanding Florida Water (or aquatic preserve).
The purpose of the COP is to consolidate all existing FDEP and SFWMD operating and regulatory permits into a single document. The Berry Citrus processing plant is an existing facility and source located in Labelle, Hendry County, Florida. The applications are being processed and are available for public inspection during normal business hours, 8:00 A.M. to 5:00 P.M., Monday through Friday, except legal holidays, at the FDEP's South District Office, 2295 Victoria Avenue, St. 364, Fort Myers, Florida 33901 and South Florida Water Management District, 3301 Gun Club Road, West Palm, Beach, FL 33406."
2. NOTICE OF INTENT TO ISSUE A PERMIT
At the time when the COP is deemed complete by FDEP and SFWMD, Jack M. Berry, Inc. will issue a further public notice as follows:
"The Florida Department of Environmental Protection (FDEP) and the South Florida Water Management District (SFWMD) give notice of its intent to issue a permit for the proposed project as detailed in the application specified above, for the reasons stated below.
The applicant, Jack M. Berry, Inc., applied on , 1996 to the FDEP and SFWMD for a comprehensive operating permit (COP) inclusive of air resource management, industrial wastewater facility, drinking water, storage tank requirements, consumptive use permit and environmental resource permit to operate the Berry Citrus processing plant located in Hendry County, Labelle, Florida.
The permit files are available for public inspection during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the FDEP's south District Office, 2295 Victoria Avenue, St. 364, Fort Myers, Florida, 33901, and SFWMD, 3301 Gun Club Road, West Palm Beach, Florida, 33406.
The FDEP has permitting jurisdiction under the provisions of Chapters 373 and 403, Florida Statutes (F.S.). The project is not exempt from permitting procedures. The FDEP and SFWMD have determined that a permit is required to continue operation at the described facility.
The FDEP and the SFWMD intends to issue a multimedia comprehensive operating permit based on the determination that reasonable assurances have been provided to indicate that operation of the source will not adversely impact air and water quality and will meet the drinking water standards and that the source will comply with all the agency's appropriate rule provisions.
Pursuant to Section 403.815, Florida Statutes (F.S.), Chapter 373, F.S., Rules 62–103.150, 40E-1.6059, and 40E1.606, Florida Administrative Code (F.A.C.), Berry will be required to publish at its own expense the enclosed Notice of Intent to Issue Permit. The notice shall be published one time only within 30 days in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of Sections 50.011 and 50.031, F.S., in the county where the activity is to take place. Where there is more than one newspaper of general circulation in the county, the newspaper used must be one with significant circulation in the area that may be affected by the permit. Berry Corporation shall provide proof of publication to the FDEP, at South District, 2295 Victoria Avenue, Fort Myers, Florida 33901 within seven days of publication. Failure to publish the notice and provide proof of publication within the allotted time may result in the denial of the permit.
Upon the Facility plan meeting the applicable regulatory requirements, the FDEP and the SFWMD shall take agency actions that will result in issuance of the above-referenced authorizations and compilations of the COP with the attached conditions unless a response received in accordance with the following procedures results in a different decision or significant change of terms and conditions.
The FDEP will accept written comments concerning the proposed permit issuance action for a period of 30 (thirty) days from the date of publication of "Public Notice of Intent to Issue a Multimedia Comprehensive Operation Permit" on behalf of itself and SFWMD. Written comments should be provided to the permitting authority office located at 2295 Victoria Avenue, Fort Myers, Florida 33901, telephone (941) 332–6975 or SFWMD, 3301 Gun Club Road, West Palm Beach, Florida, 33406. Any written comments filed shall be made available for public inspection. If written comments received result in a significant change in this Draft Permit, the FDEP and SFWMD shall issue a Revised Draft Permit and require, if applicable, another Public Notice.
In addition, any person whose substantial interests are affected by the FDEP's or the SFWMD's proposed permitting decision may petition for an administrative proceeding (hearing) in accordance with Section 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the FDEP at 2600 Blair Stone Road, Tallahassee, Florida 32399–2400 or the District Clerk or the District Clerk of the SFWMD at SFWMD headquarters, 3301 Gun Club Road, West Palm Beach, Florida, 33406. Petitions filed by the permit applicant and the parties listed below must be filed within 14 days of receipt of this intent. Petitions filed by other persons must be filed within 14 days of publication of the public notice or within 14 days of their receipt of this intent, whichever first occurs. Petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right such person may have to request an administrative determination (hearing) under Section 120.57, F.S.
The Petition shall contain the following information;
a. The name, address, and telephone number of each petitioner, the applicant's name and address, the FDEP and the SFWMD's Permit File Number and the county in which the project is proposed;
b. A statement of how and when each petitioner received notice of the FDEP's and SFWMD's action or proposed action;
c. A statement of how each petitioner's substantial interests are affected by the FDEP's and SFWMD's action or proposed action;
d. A statement of the material facts disputed by Petitioner, if any;
e. A statement of facts which petitioner contends warrant reversal or modification of the FDEP's and SFWMD's action or proposed action;
f. A statement of which rules or statutes petitioner contends require reversal or modification of the FDEP's and SFWMD's action or proposed action; and
g. A statement of the relief sought by petitioner, stating precisely the action petitioner wants the FDEP and SFWMD to take with respect to the FDEP's action or proposed action.
If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the FDEP's and the SFWMD's final agency action may be different from the position taken by it in this intent. Persons whose substantial interests will be affected by any decision of the FDEP and SFWMD with regard to the application have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 14 days of receipt of this intent in the Office of General Counsel at the above address of the FDEP or the District Clerk of the SFWMD at SFWMD Headquarters, 3301 Gun Club Road, West Palm Beach, Florida, 33406. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Section 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28–5.207, F.A.C."
Attachment 8
FLORIDA GENERAL COUNSEL STATEMENT
Effective Date of Final Project Agreement
This Final Project Agreement (FPA) shall take effect upon signature of the President of Jack M. Berry, Inc., the Regional Administrator of the Environmental Protection Agency (EPA) Region 4, the Secretary of the Florida Department of Environmental Protection (FDEP), and the Governing Board of the South Florida Water Management District (SFWMD) or their designee.
Date Jack M. Berry, President
Jack M. Berry, Inc.
Date John H. Hankinson, Jr.
Regional Administrator, Region 4
U.S. Environmental Protection Agency
Date Virginia B. Wetherell
Secretary, State of Florida
Department of Environmental Protection
Date Governing Board
South Florida Water Management District