ILLINOIS POLLUTION CONTROL BOARD
EMERALD PERFORMANCE
MATERIALS, IiNC
(as purchaser of Noveon, Inc.)
Petitioner,
la
C
LERK'S
C E
OFFICE
VS D
APR
1 4 2008
Poi
STATE
iution
OF
Control
ILLINOISBoard
v.
?
PCB 04-102
(Permit Appeal – Air)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Via E-Mail and First Class Mail
TO: Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
Sally A. Carter
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
John T. Therriault
Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
NOTICE OF MOTION
PLEASE TAKE NOTICE
that today I, Roy M. Harsch, have filed with the Clerk of the
Office of the Illinois Pollution Control Board a
MOTION TO DESIGNATE TRANSCRIPT
AS NON-TRADE SECRET
in this above titled matter. A copy is hereby served upon you.
BY:
(--kittA114,101/4iut,_J,\.
Roy M. Harsch, One of its Attorneys
Dated: April 11, 2008
Roy M. Harsch, Esq. ARDC # 1141481
Drinker Biddle & Reath LLP
191 N. Wacker Drive - Suite 3700
Chicago, IL 60606
(312) 569-1451 (Telephone)
(312) 569-3451 (Facsimile)
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
ILLINOIS POLLUTION CONTROL BOARD
EMERALD PERFORMANCED
MATERIALS, INC.
(as purchaser of Noveon, Inc.)
RECEIVED
CLERKS OFFICE
APR 1 4 2008
Pollution
STATE OF
Control
ILLINOIS
Board
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
PCB 04-102
(Permit Appeal – Air)
MOTION TO DESIGNATE TRANSCRIPT AS NON-TRADE SECRET
Petitioner by its attorneys, Drinker Biddle & Reath LLP, hereby requests that the Hearing
Officer grant this motion to designate the transcript from the February 5, 2008 hearing in this
matter including all of the exhibits with the exception of Exhibit 3 as non-trade secret. In
support, of this motion Petitioner states as follows:
1.
On February 5, 2008, the parties participated in a hearing in this matter at the
Municipal Building, Council Chamber, 426 E. Park Row, in Henry, Illinois.
2.
At the February 5, 2008 hearing, Mr. Roy Harsch, attorney for Petitioner,
presented Exhibit 3 as evidence.
3.
The information presented in Exhibit 3 is derived from the trade secret version of
the Record filed by the Illinois EPA on April 27, 2007.
4.
Based on Petitioner's review of the testimony provided and the exhibits accepted
into evidence at the February 5, 2008 hearing, Petitioner asserts that the February 5, 2008
transcript of the hearing and the Exhibits other than Exhibit 3 do not contain information that
would be deemed confidential and protected under trade secret provisions of the Illinois
Pollution Control Board at 35 Ill. Adm. Code Part 130.
5.
Petitioner requests that the transcript of the February 5, 2008 hearing and the
Exhibits other than Exhibit 3 be reclassified as non-trade secret.
6.
Illinois EPA does not oppose this motion.
Wherefore, Petitioner respectfully requests that the Hearing Officer grant this motion to
designate the transcript of the February 5, 2008 hearing and Exhibits other than Exhibit 3 as non-
trade secret.
Respectfully Submitted,
Roy M. Harsch, One of the Attorneys for Petitioner
Dated: April 14, 2008
Roy M. Harsch, Esq. ARDC # 1141481
Drinker Biddle & Reath LLP
191 N. Wacker Drive - Suite 3700
Chicago, IL 60606
(312) 569-1451 (Telephone)
(312) 569-3451 (Facsimile)
CERTIFICATE OF SERVICE
I, Roy M. Harsch, an attorney, hereby certify that on April 14, 2008 a copy of the
foregoing Motion to Designate Transcript as Non-Trade Secret, was sent to the following via e-
mail and First Class mail:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
hallorab@ipcb.state.il.us
Sally A. Carter
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
S ally. Carter@illinois. gov
John T. Therriault
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
therriaj@ipcb.state.il.us
Roy M. Harsch
CH01/ 13505612.1