Cathy Busto

429 Tomahawk Street

Park Forest,

Illinois 60466—2417

June

13, 2000

RECEIVEE

CLERK’S OFFICE

JUN

162000

IN

THE

MATTER

OF:

STATE

OF IWNOIS

REVISION

OF

THE

ILLINOIS

POLLUTION

CONTROL

BOARD ‘S

Pollution

Control

Boar

PROCEDURAL

RULES:

35

ILLINOIS

Al~IINISTRATIVE

CODE

Part

130

DOCKET

NUMBER

R00-20

,~c

,~4(’

Regarding

Section

130.210

Standards

for

Illinois

Environmental

Protection

Agency

Determination

on

what

represents

a trade secret,

I would like to see a standard by which

“competitive value” should be judged.

Section 3.48 of the

Environmental Protection Act defines “trade secret” as

“the

whole or any portion or phase of any scientific or technical

information, design, process (including a manufacturing

process), procedure, formula or

improvement,

or business plan

which is secret in that it has not been published or

disseminated or otherwise become a matter of general public

knowledge,

and which has competitive value.”

The term

“competitive

value”

is

not

defined.

In Section 130.216, the Illinois Pollution Control Board

has added language which specifies how appeals of Illinois

Environmental Protection Agency and Illinois Department of

Natural Resources trade secret determinations can be made to

the Illinois Pollution Control Board.

I am pleased that the Pollution Control Board has specified

,in Section 130.404 the information which an application for

non-disclosure must contain.

But

I believe that the definition

of “non—disciosable information” is potentially unfamiliar

to the majority of the public.

I would like to see the

Pollution Control Board develop a glossary of definitions or

other format of explanatory material which would include a

definition of “non-disclosable information” to assist the

general public in differentiating that term from “trade secrets.”

I thank the Illinois Pollution Control Board for the

opportunity for public comment on Docket Number R0O-20.

Very truly yours,

Cathy Busto