ILLINOIS POLLUTION CONTROL BOARD
    July 25,
    1991
    THE GrZIGOLEIT COMPANY,
    an Illinois Corporation,
    Petitioner,
    V.
    )
    PCB 90—135
    Trade Secret
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER OF
    THE
    BOARD
    (by
    J.
    Anderson):
    On July
    l~
    1991 the Environmental Protection Agency
    (“Agency”)
    filed
    a Motion
    to file the Record Instanter.
    Grigoleit has
    riot filed a response.
    The motion to file instanter
    is hereby granted.
    There
    is one additional matter that needs to be discussed
    today.
    On July
    19,
    1991,
    the hearing exhibits in this matter
    were filed with the Board.
    Those documents have all remained
    in
    the Clerk’s security files since filing, and are subject
    to the
    security protocols adopted by the Board in RES 86—2
    In the Matter
    of:
    Designation of Personnel Authorized to Have Access to “Trade
    Secret” Material
    in Accordance with 35
    Ill. Adm. Code 120,
    (February
    6, 1986).
    The transcript indicates
    (R.
    16,
    55,57)
    that
    certain portions of the exhibits are subject
    to a confidentiality
    claim by Grigoleit.
    The transcript seems
    to indicate that only
    parts of joint exhibit
    #2 are subject to such claim.
    Because of the unusual manner
    in which this proceeding
    arose,
    the claimed documents are not marked as required by Board
    regulations.
    The Board is therefore unable to determine
    precisely which portions of which exhibits may be released to the
    public
    record.
    The Board
    therefore orders that Grigoleit provide
    the Clerk of
    the Board with
    a written listing
    of those exhibits
    which may. be released
    to the public files and
    a list of those
    exhibits which may not
    be released.
    For each exhiDit which may
    riot be released to the public record Grigoleit must provide a
    copy of such exhibit
    with all
    of the confidential material
    deleted.
    The document should clearly show which portions of
    which pages have been deleted as confidential.
    This expurgated
    version of the exhibit will then be placed in the public files.
    Grigoleit may make arrangements with the Clerk to view the
    Exhibits
    as needed.
    The documents in the confidential files are as follows:
    124—179
    —2—
    Cover letter from the Hearing Officer
    1 page
    Petitioner’sExhibit#l
    ipage
    Petitioner’sExhibit#2
    lpage
    Petitioner’sExhibit#3
    ipage
    Petitioner’sExhibit#4
    3pages
    Petitioner’sExhibit#5
    lpage
    Petitioner’sExhibit#6
    lpage
    JointExhibit#l
    3lpages
    Joint Exhibit
    #2
    approx 276 pages
    Respondent’sExhibit#l
    15 pages
    The Board will require Grigoleit to file its written listing with
    the Clerk and the expurgated version of any exhibits not later
    than August
    6,
    1991.
    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
    2~-~
    day of
    _______________,
    1991,
    by a vote of
    ~
    ~
    i~,
    ~orothy
    M. G~n, Clerk
    Illinois Pollution Control Board
    124—180

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