ILLINOIS POLLUTION CONTROL BOARD
    February 17, 1994
    MARATHON OIL COMPANY,
    )
    )
    Petitioner,
    )
    V.
    )
    PCB 94—26
    )
    (Permit Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER
    OF THE BOARD (by N.
    McFawn):
    On January 14, 1994 Marathon Oil Company (Marathon) filed an
    application for designation of two documents as “not subject to
    disclosure” pursuant to Section 7 of the Environmental Protection
    Act (415 ILCS 5/7) (Act). The two documents at issue are the
    permit and permit application for Marathon’s fluid catalytic
    cracking unit (FCCU). In its application, Marathon seeks to
    protect these documents when filed by the Agency as part of the
    Record in this case. Marathon does not directly request
    protection of the Permit and Permit Application attached as
    exhibits to its Permit Appeal, mistakenly believing that those
    documents were attached to its Variance Petition simultaneously
    filed and docketed as PCB 94-27.
    Under Section 7 of the Act all files and records of the
    Board must generally be open to reasonable public inspection.
    Several exceptions are provided, including an exception for
    information which constitutes a trade secret, and an exception
    for information concerning secret manufacturing processes or
    confidential data. It is unclear which type of protection
    Marathon is seeking. However, it is not necessary for us to make
    this determination at this time, since there are other
    limitations which prevent us from granting the relief requested.
    Under Section 7(c) of the Act, all air emission data
    reported to or obtained by the Board under the Environmental
    Protection Act must be available to the public to the extent
    required by the federal Clean Air Act (42 USC Section 7401 et
    seq.) (CAA). We therefore look to the CAA to determine what
    information must be available for public inspection.
    Section 7661b(e) of the CAA provides that each permit and
    permit application must be available for public inspection.
    Section 7414(c) allows for the protection of information claimed
    to be a trade secret which is submitted with a permit
    application; however, it specifically exempts emission data from
    this protection. Emission data must therefore remain available
    for public inspection. Furthermore, Section 7661(e) also
    specifically provides that the contents of an emissions permit
    2
    shall not be entitled to protection under Section 7414(c).
    Permits must therefore remain available for public inspection as
    well.
    Applying these provisions to petitioner’s application, it is
    clear that we cannot protect the permit from disclosure, since
    Section 7661b(e) of the CAA requires that it be available for
    public inspection. In any event, we find no information in the
    permit itself which would be entitled to protection from
    disclosure under Section 7 of the Environmental Protection Act,
    either as a trade secret, or as a secret mechanical process or
    confidential data. Petitioner’s request for designation as not
    subject to disclosure is therefore denied as to the permit.
    It is also clear that the entire Permit Application is not
    entitled to protection from disclosure, since the permit
    application contains emission data which must be available for
    public inspection. However, it is possible that portions of the
    application do contain information which is entitled to
    protection. We are therefore directing petitioner to file an
    application designating which portions are claimed to be
    confidential. When a properly marked copy of the application is
    submitted, it will be reviewed under Section 7 of the
    Environmental Protection Act for determination as to whether the
    designated materials are entitled to protection from disclosure.
    The materials for which protection is sought will be protected
    from disclosure while in the Board’s possession until the Board
    makes its determination and the time for appeal has expired.
    (See 35 Ill. Adm. Code Section 101.161(c).)
    We further direct the petitioner to clarify which protection
    is sought under Section 7 of the Act. Marathon should specify
    whether it is seeking trade secret status, or protection as a
    secret mechanical process or confidential data. (See 35 Ill.
    Adzn. Code Section 101.161 and Part 120.)
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Boar hereby, rtify that the above order was adopted on the
    day of
    ___________,
    1994, by a vote of
    _____________
    V
    /.~
    Dorothy N. G~~hn,Clerk
    Illinois Po~ution Control Board

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