I LLINO S
    POLLUT TON
    CONTROL
    BOART)
    September
    6,
    1973
    )
    ALLIED
    CHEMICAL
    )
    )
    )
    V.
    )
    PCB
    73-382
    )
    )
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    OPINION
    AND
    ORDER
    OF
    TIlE
    BOARD
    (by
    Mr.
    Dume Lie)
    Motion of Allied Chemical filed September
    5,
    1973
    asks
    br
    a “Not Subject to Disclosure1’ designation of
    its
    Exhibit
    No.
    2
    enclosed with its variance petition.
    Petitioner alleges that its “processes employed in many
    respects constitutes trade secrets
    and concern manufacturing pro-
    cesses which are proprietary and confidential
    in nature;
    and
    the public disclosure
    of which would
    result in irreparable loss,
    damage
    or injury to
    the petitioner hereih.”
    In accordance with prior
    Board rulings on matters
    of
    this
    nature
    the
    petitioner
    must
    under
    Procedural
    Rule
    107 (c)
    show
    the
    existence
    of
    a
    trade
    secret
    and
    the
    fact
    that
    the
    manufacturing
    nrocesses
    are and have been treated as confidential.
    The
    Board
    will
    issue
    a
    “Conditional
    Non-Disclosure”
    designation
    for Exhibit
    No.
    2
    but
    petitioner
    must
    within
    35
    days
    submit
    a showing sufficient
    to
    mc
    ct
    the
    requirements
    of
    the
    Act
    and
    the
    Procedural
    Rules
    See
    ~LA
    v.
    Village
    of
    Augusta and Dennis Food Company,
    6
    PCB
    135;
    Olir~ Corporation
    v.
    EPA,
    5
    PCB
    131;
    EPA
    v.
    Myst:i.k
    Tape,
    5
    PCB
    363,
    EPA
    v.
    Benjamin
    harris
    and
    Company,
    5
    PCB
    351;
    EPA
    v.
    Peabody
    Coal Company,
    5
    PCB
    711.
    ORDER
    1.
    Petitioner shall within
    35
    days
    froni
    date
    of
    this
    Opinion
    submit materials sufficient
    to show
    the
    existence
    of
    trade
    secrets
    and
    proprietary
    and
    confidential
    manufacturing
    processes
    and the fact that
    they
    are and have been treated
    as confidential.
    The submission shall he made by
    an
    officer
    of the company authorized to speak for the company
    in
    these
    matters.
    9
    —
    225
    -
    2.
    Exh:i.bit
    No.
    2
    of
    the
    petition
    shall
    receive
    a
    “Conditional
    Non-Disclosure”
    designation
    and be
    so treated for
    35 days
    from
    this
    date.
    IT
    IS
    SO
    CRI)ERE1).
    Mr.
    Odeil abstains.
    I,
    Christan
    L.
    Mo:Hett,
    Clerk
    of
    the
    Illino:i~s Pollution Control
    Board,
    he roby
    cc rtifv
    t lie
    above
    Opinion
    and
    Order
    were
    adopted
    on
    the
    ~~day
    of
    September,
    1973
    by
    a
    vote
    of
    ~
    Christan L.
    Moffett,
    rk
    Illinois Pollution
    C
    rol Board
    9
    —
    226

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