ILLINOIS POLLUTION CONTROL BOM’D
    August
    5,
    1992
    AMOCO CHEMICAL COMPANY, AMOCO
    )
    PETROLEUM ADDITIVES COMPANY
    )
    WOOD RIVER,
    ILLINOIS,
    )
    Petitioner,
    )
    v
    )
    PCB 92-78
    (Variance)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    On July 31,
    1992, ~Ainocofiled an amended petition in this
    matter.
    The petition claims that some of the documents in the
    petition contain confidential or trade secret information.
    The
    Board will temporarily provide full confidential protection to
    the documents.
    However, the filing does not comport with Board
    procedural rules on the protection of documents.
    Protection from-
    public disclosure can be afforded to two separate categories of
    information: non—disclosable information or trade secrets.
    Board
    regulations at 35 Ill. Adm. Code 101.161 exclusively provide for
    protection of non-disciosable information, while 35 Ill. Adm.
    Code Part 120 exclusively provides for protection of trade secret
    information.
    Types of non—disciosable information are specified
    in Section 101.161.
    Trade secret is defined by Section 120.103.
    From the petition it is not clear if Amoco is claiming protection
    of non—disciosable information or trade secrets.
    It appears that petitioner has substantially complied with
    the rules for non—disclosable information.
    The Board confusion
    arises due to the reference to “trade secret”.
    If petitioner
    claims protection as a “trade secret”, as opposed to “non—
    disclosable information”
    it must comply with the procedures of
    Part 120.
    Section
    7 of the Environmental Protection Act applies-to
    both applications for protection of trade secrets and non-
    disclosable information.
    Section
    7 provides that certain types
    of information may not be kept confidential.
    Information must be
    disclosed if
    it
    is effluent data for NPDES permits,
    (Section
    7(b)),
    emission data relating to the Federal Clean Air Act;
    (Section 7(c)) or the quantity or identity of a substance being
    placed in
    a landfill, hazardous waste treatment, storage or
    disposal facility (Section 7(d)).
    Amoco cannot claim as
    confidential information which is subject to disclosure under
    Section 7.
    0135-0259
    2
    The Board simply cannot invoke the process
    to determine the
    protection status of the submitted information until Amoco has
    selected which process to pursue and provides the requisite
    showing.
    Only then can the Board’s decision process begin.
    Prior to acting on Amoco’s claim to protect the documents,
    it
    must be clarified whether protection of the documents is sought
    under Sections 101.160 and 101.161
    (non-disclosable information)
    or Part 120
    (trade secrets), and the appropriate procedure
    followed.
    The Board notes that,
    if Amoco claims protection of the
    information as trade secret, Amoco has the option of filing a
    waiver of the 10 day decision deadline,
    in lieu of filing a
    statement of justification.
    (Section 120.201(a)(3).)
    Such a~
    waiver would result in protection of the information as
    confidential, pending any request by the public or the board for
    a final determination as to trade secret status.
    (Section
    120.210,
    120.215,
    120.320.)
    Since the filing by Amoco did not comport with Board
    regulations, the Board will require filing of an amended petition
    for protection.
    This filing must clearly state whether
    protection of the documents is sought as a trade secret or as
    other non—disclosable information.
    Such filing must be made
    within 21 days of the date of this order, August 26,
    1992.
    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
    ~
    day of
    Q-_.~4~
    ,
    1992, by a vote of
    ~
    ~).
    Dorothy H.
    Gu11~n, Clerk
    Illinois Poll’ution Control Board
    0135-0260

    Back to top