ILLINOIS POLLUTION CONTROL BOARD
    April
    25,
    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
    stated 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”.
    By Order of March 28,
    1991,
    the Board requested comment by the parties on whether the
    Board needs additional information (such as 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 regulatory public access requirements.
    On April
    19,
    1991, both the Agency and
    CWN
    Chemical
    Services,
    Inc.
    (hereinafter “CWM”),
    filed a reply.
    CWM
    states,
    “...
    confidential protections
    for materials in Books A
    & D of the
    Administrative Record filed by the Agency need not be maintained.
    Trade Secret protection for Book E should be maintained;
    the
    supporting claim letters attached hereto may be made a part of
    the Board file.”
    (Response p.
    1).
    Both
    CWM
    and the Agency state
    that no additional expurgated version of Book E is necessary.
    Based on the foregoing, the Board will maintain Book E in
    the Clerk’s confidential files until further Board Order.
    Books
    A
    & D as well as the claim letter filed by CWM, will be placed
    in
    the public files.
    On another matter, the Board notes that on March 22,
    1991,
    the Attorney Gener~tlfiled a motion to set a hearing date.
    A
    response was filed by
    CWN
    on April
    17,
    1991.
    In his Order and
    Memorandum of Prehearing Conference filed April 12,
    1991, the
    Hearing Officer indicates that he has been in contact with the
    attorneys in this proceeding,
    and that he intends to handle this
    matter.
    At this time, the Hearing Officer is in the best
    position to rule on the motion.
    The Board therefore refers the
    motion to set hearing and the response to the Hearing Officer.
    121—569
    2
    IT IS SO ORDERED.
    3. Theodore Meyer abstained.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify tha~the above Order was adopted on the
    ~
    day of
    (~JA.~L
    ,
    1991, by a vote of
    ~
    ~
    Dorothy M./1Gunn, Clerk
    Illinois Béllution Control Board
    12
    1—570

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