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