ILLINOIS POLLUTION CONTROL BOARD
    March 28, 1991
    CWM CHEMICAL SERVICES,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 89—177
    (Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On March 21,
    1991, the Illinois Environmental Protection
    Agency
    (“Agency”)
    filed the Administrative Record of this RCRA
    Part “B” Permit Denial Appeal.
    On March 22,
    1991,
    the Agency
    filed a correction to that record.
    Together,
    these documents
    state that certain portions of the record have been subject to a
    recent trade secret confidentiality determination by the Agency.
    Those documents include all of Book E, and selected portions of
    “Book A,
    Volumes V
    & VI” and “Book D”.
    All these materials are
    still subject to confidential protections; while the materials in
    Book A & D were determined not to be trade secrets by the Agency,
    the time for appeal of that decision has not run.
    The Board
    continues to maintain these materials in the Clerk’s confidential
    files.
    The Board notes that the Agency record filing does not
    comport with Board regulations.
    Board procedural rules at 35
    Ill.
    Adm. Code 120.315 provide:
    Section 120.315
    Transmission
    of
    Article
    Between Agencies
    Prior
    to
    transmitting
    any
    article
    •which
    is
    claimed
    or
    determined
    to
    represent
    •a
    trade
    secret
    to
    another
    agency,
    the agency
    shall
    insure
    that
    the
    article
    is
    properly
    marked
    pursuant to Sections 120.305 and 120.310 and
    is clearly distinguished and segregated
    from
    other transmitted materials.
    The documents in Book A and Book D were not segregated.
    Additionally, the procedural rules, at 35 Ill. Adm.
    Code 120.325,
    provide for public inspection of certain material pertaining to
    trade secret determinations:
    120—267
    2
    Section 120.325
    Public
    Access
    to
    Information
    Related
    to
    Article
    a)
    A copy of the claim letter submitted
    pursuant
    to
    Section
    120.201(a) (1)
    shall be open to public inspection
    b)
    Where an article was determined to
    represent
    a
    trade
    secret prior
    to
    the effective date of this Part and
    no
    claim letter exists, the agency
    shall
    prepare
    a
    statement
    which
    shall
    be
    open to public
    inspection
    which
    names
    and briefly
    describes
    the article.
    c)
    Where a page,
    part or portion of an
    article is claimed or determined to
    represent
    a trade secret,
    a copy of
    the article shall be open to public
    inspection, with the part or portion
    deleted
    which
    is
    claimed
    or
    determined
    to
    represent
    a
    trade
    secret
    or
    which
    would
    lead
    to
    disclosure of the trade secret.
    The Board requests comment by the parties, not later than April
    19,
    1991,
    on whether the Board needs additional information
    (such
    as the claim letters and/or expurgated versions of the documents)
    in order to maintain the material
    in Book A,
    D, and E,
    confidential during the appeal period, consistent with the above
    public access requirements.
    The Board will maintain all of Book
    A,
    D,
    and E confidential until further Board Order.
    The Board
    also requests comment on whether the document described in the
    March 22,
    1991 Agency filing as confidential, “pages 14-17 in the
    April
    17,
    1989 letter from
    CWN
    to IEPA regarding closure cost
    estimates”
    is located anywhere in the record other than Book D.
    If so, what portions of the record must the Board maintain as
    confidential to protect this document.
    IT IS SO ORDERED.
    J. Theodore Meyer abstained.
    120—268
    3
    I.
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    above Order was adopted on the
    1991, by a vote of
    ~~—O
    day of
    I
    Control Board
    120—269

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