ILLINOIS POLLUTION CONTROL BOARD
    February 17, 1994
    MARATHON
    OIL COMPANY,
    Petitioner,
    V.
    )
    PCB 94—27
    (Variance)
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    ORDER
    OF THE BOARD (by N. McFawn):
    On January 14, 1994 Marathon Oil Company (Marathon) filed a
    motion to have two documents declared “not subject to disclosure”
    pursuant to Section 7 of the Environmental Protection Act (415
    ILCS 5/7) (Act). In its motion, Marathon seeks protection of a
    permit and permit application it purports to have submitted along
    with the petition for variance. In fact, no such documents were
    filed.
    Since the Board cannot make a determination until it has
    reviewed the documents in question, Marathon is directed to
    resubmit its application. When filing, Marathon should include a
    new motion to have the documents protected, which clearly states
    the grounds on which protection is sought, e.g., as trade
    secrets, secret manufacturing processes, or confidential data.
    (See 35 Ill. Adju. Code Section 101.161 and Part 120.) When a
    proper application is submitted, the documents 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. Adju. Code Section 101.161(c).)
    We note that Marathon has similarly moved to protect a
    permit and permit application in PCB 94-26, its permit appeal.
    Protection was denied as to the permit, and Marathon was directed
    to designate the portions of the application for which protection
    is sought. (See Marathon Oil ComPany v. IEPA, (February 17,
    1994) PCB 94-26.) If the permit and permit application in this
    motion are the same documents petitioner filed in its permit
    appeal, that order will guide our disposition. If the permit and
    permit application in this action are different, a separate
    inquiry in accordance with Section 7 of the Act will be
    necessary.
    Additionally, on February 15, 1994, the Agency filed a
    Motion to Extend Time to File Recommendation. In this motion,
    the Agency requested that it be given until March 7, 1994 to file
    its recommendation which was due February 14, 1994. A supporting
    affidavit indicates that the motion is based on technical
    deficiencies in the petition, and has been agreed to by
    2
    petitioner.
    The Board hereby grants the Agency’s motion. The Agency is
    directed to file its recommendation on or before March 7, 1994.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Boar~hereby, c tify that the above order was adopted on the
    /7~ day of
    __________
    1994, by a vote of
    ____________
    Control Board

    Back to top