ILLINOIS POLLUTION CONTROL BOARD

November

8,

1990

OLIN CORPORATION (Joliet Plant)

)

Petitioner,

v.

)

PCB 89-72

(Variance)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by

B.

Forcade):

This matter comes before the Board on a third amended

petition and a motion

for expedited Board decision filed by Olin

Corporation

(“Olin”) on November

7,

1990.

The subject proceeding

involves

Olin’s petition for variance from the Board’s air

regulations at

35

Ill. Adm. Code 212.321.

Hearing

is scheduled

for November

12, 1990.

Olin’s motion for expedited decision is

hereby granted in so far as the Board

is able to expedite its

decision consistent with other proceedings already before the

Board.

On November

7,

1990 Olin also filed

a motion to the hearing

officer

for entry of a protective order intended to establish the

confidentiality of certain documents and testimony pursuant to

35 Ill. Adm. Code 101.261.

Olin seeks restricted access for

“Confidential Matter” described as “materials which contain

highly confidential, proprietary and sensitive information

including documents and testimony concerning economic and

financial issues.”

Olin also states that “Confidential Matter

may be designated as such by placing

a

‘confidential’ stamp on

any document or by designating information as confidential prior

to a witness’ answer

to

a question during hearing testimony.”

See p.2, Protective Order,

executed by Olin and

the Illinois

Environmental Protection Agency

(“Agency”).

At this time the Board must deny Olin’s motion for entry of

a protective order

since Olin has failed to comply with 35

Ill.

Adm. Code 101.161

(b), which states,

in pertinent part:

116—09

---

—2—

...An application for non—disclosure other than

pertaining to trade secrets shall contain the

following:

1)

Identification of the precise material,

or

parts of material, for which non—disclosure is

sought;

2)

Indication of the particular non—disclosure

category into which the material

falls; and

3)

A concise statement of the reasons for

requesting non-disclosure.

The application

shall be verified by affidavit and contain

such information as will inform the Board of

the nature of material for which

non—disclosure is sought,

the reasons why

non—disclosure is necessary, and the number

and title

of all persons familiar with such

information, and how long the material

has been limited from disclosure.

35

Ill. Adm. Code 101.161

(b)

The information filed by Olin indicates that Olin seeks

protection for the entire testimony of the witness including his

name and credentials.

Clearly, this is an overbroad claim.

The

Board also notes that any information representing emissions data

may not be maintained as confidential pursuant

to Section 7(c)

of

the Act.

The Board will temporarily maintain Olin’s filing as

confidential.

However, Olin is directed to file an original and

nine copies of this initial filing

in which only the precise

material for which non—disclosure is legitimately sought has been

whited-out

or otherwise obscured.

Such expurgated copies will be

maintained in the public files, while the full text document will

be maintained

in the Clerk’s locked,

security files.

Olin may refile

its motion, specifically identifying only

that material for which non—disclosure is sought and the category

into which the material falls, with appropriate statement

of

reasons and affidavit.

For further guidance Olin is directed to

the procedures found in

35 Ill.

Adm. Code 120.201,

et seq.

IT IS SO ORDERED.

116— 10

---

—3—

I, Dorothy M.

Gunn, Clerk

of the Illinois Pollution Control

Board

hereby certify that the above Order was adopted on

the_~Z~dayof

,l990, byavote

of

‘7-O

~

.~

erk

Illinois

ilution Control Board

116—11