Berry Corporation

Notice of Intent to Enter Into a Final Project Agreement

DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF PROJECT AGREEMENT

The Department of Environmental Protection and the Environmental Protection Agency give notice of the intent to enter into a cooperative agreement, or Final Project Agreement (FPA), to develop a Comprehensive Operating Permit (COP) with Jack M. Berry, Inc. under the federal Project XL program as described in the May 23, 1995 Federal Register notice.

The FPA involves an innovative approach to permitting Berry's existing citrus juice plant in LaBelle, Florida. The FPA allows Berry to prepare a COP for the facility that will consolidate operating permits, including all operating procedures, into a single permit with no automatic expiration date. In exchange for the regulatory processing flexibility, Berry commits to superior environmental performance that exceeds the level which would be achieved through compliance with current and reasonably anticipated future regulations in the areas of water consumption, air emissions, industrial wastewater treatment and wetland conservation, solid and hazardous waste, and potable water. The objectives of the COP include: improved compliance with regulations, net improvement in the environment, reduced costs of permit review and field inspection; better working relationship with regulated facility and regulators, simplified paperwork and reporting, opportunity to train staff in compliance and cross media permitting, long-term assurance of business operation, and creating a process that is transferrable to other facilities. The COP will be publicly noticed in accordance with state and federal regulations.

The FPA is available for public inspection Monday through Friday, except legal holidays, 8:00 a.m. to 5:00 p.m. at:

Department of Environmental Protection, South Florida District Office, 2295 Victoria Avenue, Suite 362, Fort Myers, Florida 33901, contact Peter Ware, 941-332-6975;

Department of Environmental Protection, Room 1005F, Marjory Stoneman Douglas Building, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000, contact Jacqueline McGorty, 904-921-9717;

Environmental Protection Agency, Region 4, 345 Courtland Street, N.E., Atlanta, Georgia 30365, contact Dee Stewart, 404-347-3012 x. 2928.

Interested parties should review the FPA and offer their comments in writing within 30 days of publication of this notice to Jacqueline McGorty, Sr. Exec. Asst., Office of the Secretary, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 18, Tallahassee, Florida 32399-3000.

Berry Corporation

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