ILLINOIS POLLUTION CONTROL BOARD
    March
    9,
    1989
    INDIAN REFINING COMPANY AND
    OPA REFINING AND MARKETING,
    INC.,
    (FORMERLY TEXACO REFINING AND
    )
    MARKETING,
    INC.),
    Petitioner,
    v.
    )
    PCB 88—178
    )
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Anderson):
    On January
    19,
    1989,
    the Board
    issued an Order
    in this
    proceeding
    in which the parties were directed
    to advise
    it by
    January 30,
    1989,
    of the status of one of several volumes of the
    Agency record in this permit denial
    appeal, entitled “Exhibit J:
    Confidential Documents”,.
    Specifically,
    the Board noted
    its
    inability to determine whether
    this volume contains documents
    which were either claimed
    to be trade secrets pursuant to 35
    Ill.
    Adm.
    Code Part
    120, or claimed
    to be “confidential”
    on some other
    basis.
    The Agency’s statement was filed on February
    3,
    1989.
    Noting
    that although the
    1\gency had responded on
    this
    issue,
    the Petitioner had not,
    the Board
    on Februaty 23,
    1989,
    issued an
    Order
    requiring Petitioner
    to provide the Board within
    10 days
    (March
    6,
    1989) such
    information as
    is ordered by the Board’s
    Order
    of January 19,
    1989.
    The Board stated that should
    Petitioner
    fail
    to
    so respond,
    the Board would consider imposing
    appropriate sanctions upon Petitioner pursuant
    to 35
    Ill.
    Adm.
    Code Part
    107,
    including dismissal of this cause of action.
    On March
    6,
    1989,
    the firm
    of Feldman
    and Wasser
    filed
    its
    Entry of Appearance
    in this proceeding
    together with a Motion to
    Substitute Parties.
    It asserts that on December
    28,
    1988,
    Petitioner Texaco Refining and Marketing,
    Inc.
    (Texaco)
    sold 100
    of
    the stock of Indian Refining Company to OPA Refining and
    Marketing,
    Inc.
    (OPA),, and should thus be substituted as the real
    party in
    interest for Texaco.
    OPA~smotion
    is granted.
    In consideration of the
    substitution of parties
    and
    in view of Petitioners’
    waiver of
    decision date
    to December
    1,
    1989,
    the Board also extenc~1s the
    97—115
    —2—
    time for Petitioners
    to provide
    the Board
    the information as was
    ordered by the Board’s Order of January
    19,
    1989.
    The Board
    therefore today orders Petitioners
    to provide such information no
    later than March 20,
    1989.
    In the interim the Board will
    continue
    to accord Exhibit J
    trade secret protection.
    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
    ‘9~-i~-
    day of
    77~-t~1~LJ
    ,
    1989,
    by
    a vote of
    7--a
    Ill
    S
    Control Board
    97—116

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