ILLINOIS POLLUTION CONTROL BOARD

February

4,

1982

IN THE MATTER OF:

)

RULES FOR IDENTIFYING

AND

PROTECTING

)

R81-30

TRADE SECRET INFORMATION,

AMENDMENTS

)

TO CHAPTER 1:

PROCEDURAL RULES

)

ORDER OF THE BOARD

(by I. Goodrnan)~

On January 14,

1982, the hearing officer in this proceeding

issued an order clarifying the nature of the proposed regulation

and the scope of the proceeding.

To resolve any ambiguity as to

the

scope of this proceeding, the Board hereby affirms the hearing

officer order.

This rulemaking is mandated by Section 7.1(b) of the Envi-

ronriental Protection Act

(Act) which states:

“The Board shall adopt regulations under Title VII of

this Act which prescribe:

(U procedures

for deter-

mining whether articles represent

a trade

secret;

and

(2) procedures to protect the confidentiality of such

articles.

All such regulations shall be considered

substantive regulations

for purposes of Section 28 of

this Act.”

As the hearing officer order

states,

“These regulations are

procedural in nature and are considered

‘substantive’ only for

purposes of Section 28 of the Act which provides for public

hearings.”

This ruling is consistent with a straight forward

reading of Section 7.1(b)

and is hereby affirmed.

The provisions

of Section 26 applicable

to procedural regulations, coupled with

Section 28 procedures, control

in this proceeding.

Therefore,

separate economic hearings and a formal impact study are not

required for the Board’s determination.

Relevant economic issues

may be addressed at the scheduled hearings.

The Board hereby affirms the hearing officer order

of

January

14,

1982.

IT IS SO ORDERED.

I, Christan

L.

Moffett, Clerk of the Illinois Pollution

Control P~oard,hereby certify that the above Order was adopted

on

the

4b

day

of

,

1982 by a vote of

U

Christan

L. Md~tt, Clerk

Illinois Po1luti~nControl Board

45—367