ILLINOIS POLLUTION CONTROL BOARD
    August 20, 1993
    THE GRIGOLEIT COMPANY, an
    )
    Illinois Corporation,
    )
    Petitioner,
    PCB 90—135
    v.
    )
    (Trade Secret)
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    IN THE MATTER OF:
    )
    TRADE SECRET CLAIM BY
    )
    PCB 92-110
    THE GRIGOLEIT COMPANY, an
    )
    (Trade Secret)
    Illinois Corporation.
    ORDER OF THE BOARD
    (by J. Anderson):
    On August
    16, 1993, The Grigoleit Company (Grigoleit)
    filed
    a Joint Status Report and a Joint Motion to Remand to the
    Illinois Environmental Protection Agency
    (Agency) PCB 92—110 and
    PCB 90-135.
    Grigoleit asserts that the Agency has authorized
    Grigoleit to file both the status report and the motion as joint
    filings.
    Both of these cases involve Board determinations on the
    trade secret status of Grigoleit’s Material Safety Data Sheets
    (MSDSs).
    In each case, Grigoleit filed a motion for
    reconsideration.
    The Board notes that it, as requested, has
    reserved ruling on Grigoleit’s motions for reconsideration in
    order to allow time for settlement negotiations.’
    Joint status report.
    Grigoleit and the Agency assert that
    settlement negotiations have been successful
    in:
    The Grigoleit
    Com~anvv. Illinois Environmental Protection Agency,
    (June
    4,
    1992)
    PCB 90-135
    (Trade Secret); and In the Matter of Trade
    Secret Claim by the Grigolej.t Company,
    (July 30,
    1992)
    PCB 92—110
    (Trade Secret).
    They request that the Board grant the joint
    motion to remand.
    The motions for reconsideration in each case were filed
    on September
    3,
    1992.
    In eight orders issued between October 29,
    1992 and July 22,
    1993 in each case,
    the Board reserved ruling on
    the motion for reconsideration after reviewing the Board-ordered
    status reports.
    2
    Joint motion to remand.
    In support of their joint motion,
    Grigoleit and the Agency assert:
    As settlement of these cases which derived from the same
    nucleus of facts, the Agency has agreed to accord the
    subject Material Safety Data Sheets
    (“MSDS”)
    trade secret
    status.
    In order to do so,
    the Board must remand these
    cases to the Agency in order for the Agency to appropriately
    designate the MSDSs as trade secrets.
    (Joint Motion at 2.)
    The Board notes that the MSDS5 were physically transferred
    from the record in PCB 90-135 to that in PCB 92—110; they have
    continued to have confidential status pending final adjudication.
    (See PCB 91-110 Board order of July 30, 1992 at 1.)
    The Board
    also notes that at no time while the MSDSs were in the Board’s
    possession have they been entered into the records of any other
    Board proceeding.
    The Board grants the joint motion to remand PCB 92—110 and
    90-135 to the Agency; accordingly, the Clerk is instructed to
    forward the MSDSs to the Agency.
    The Board construes the joint
    motion to remand as superseding, and thus constituting a
    withdrawal by Grigolêit of,
    its motions for reconsideration.
    Grigoleit’s motions for reconsideration are hereby deemed
    withdrawn.
    The dockets
    in these cases are accordingly closed.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992)), provides for appeal of final orders of the Board
    within 35 days.
    The Rules of the Supreme Court of Illinois
    establish filing requirements.
    (See also 35 Ill.
    Adm. Code
    101.246, Motion for Reconsideration.)
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify thaj the above order was adopted on the
    2~1.
    day of
    _______________,
    1993, by a vote of
    Dorothy M.
    n, Clerk
    Illinois Pollution Control Board

    Back to top