ILLINOIS POLLUTION CONTROL BOARD

January

9,

1986

CLASSIC FINISHING CO.,

INC.,

)

Petitioner,

)

)

v.

)

PCB 84-474

)

Docket

B

ILLINOIS ENVIRONMENTAL

)

Docket

C

PROTECTION AGENCY,

)

Respondent.

ORDER OF THE BOARD

(by J. Anderson):

On December

17,

1985,

a hearing was held concerning

the

October

21,

1985 Second Amended Revised Petition for variance

from 35

Ill. Adm.

Code 215.204(c)

filed by Classic

Finishing Co.,

Inc.

(Classic)

At that hearing Classic submitted two exhibits,

#4 and #5,

which were claimed

as

“trade secrets or other confidential

information.”

The Exhibits were admitted by the hearing officer

under

a protective order with the understanding that proper

procedural Motions would be submitted to the Board and subject to

any Board determination regarding disclosure

(R. 23,

28).

On December 20,

1985,

Classic filed with the Board

a Trade

Secret Claim for Exhibits

4 and 5 under PCB 84-174

(Docket A).

On January

8,

1985, Classic requested

that the inadvertent

“Trade

Secret” stamp on its claim letter be disregarded.

Classic

asserts

in part that, pursuant

to Section

7 and 7.1

of the

Environmental Protection Act

(Act)

and 35

Ill. Adm. Code

Part 120

(Trade Secrets),

Exhibits

4 and

5 must be protected from public

disclosure

to ensure the competitiveness

of Classic’s products.

As authorized by

35 Iii. Adm.

Code 120.215,

the Board hereby

requests Classic

to justify its claim pursuant to Section

120.202.

Specifically, the Board requests Classic to address

the

question of whether the Section 7(c) public availability

requirement applies

to the emissions

data in Exhibit

5, pp.

1 and

3.

At hearing,

the Petitioner’s attorney gave

in unsworn

testimony an unlimited waiver of decision

on the variance

petition

(R.

52).

However,

in its December 20, 1985 filing,

petitioner gave

a limited waiver,

assumedly pursuant

to Part

120,

Section 120.203.

Pending clarification

of the decision timetable,

the .~Board

hereby establishes Docket

C,

within the PCB 84—174 number,

for

the trade secret determination,

as final determinations have

already been made in Docket A for other trade secret matters.

The trade secret determination involves a decision separate from

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that required

in variance proceeding,

and the two decisions

do

not share

a common timetable.

Thus,

this trade secret proceeding

will hereinafter be known as FOB 84-174,

Docket

C, and

the

variance proceeding will continue

as FOB 84-174 Docket

B.

The parties are requested

to designate

the appropriate

docket on all pleadings.

Therefore,

pending clarification of

the

waiver,

the Board construes Classic’s waiver

as waiving the 90

day variance decision deadline of Section

38(a)

for a period

equal

to the time provided

in Part

120 for Board determination of

Classic’s trade secret claim, plus

10 working days.

IT IS SO ORDERED.

I,

Dorothy

M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify

that the above Order was adopted on

the

~

day of _________________________,

1986,

by

a vote

of

_______.

27,

Dorothy

M.

Cunn,

Clerk

Illinois Pollution Control

Board

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