ILLINOIS POLLUTION CONTROL BOARD

May 11,

1989

LIGMA CORPORATION,

Petitioner,

v.

)

PCB 88—131

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD (by R.

C.

Flemal):

This matter comes before the Board upon the April

25,

1989

filing by

Ligrna Corporation

(“Ligma”)

of

a Motion

to File an

Amended Petition for Variance.

The Motion

is granted and the

Amended Petition

is accepted.

Ligrna contends that an

increase

in projected emissions

requires

it to modify its proposed methods

for attaining

compliance

and

to amend

the relief sought

in its original

petition.

Ligrna further contends that Respondent,

the Illinois

Environmental Protection Agency (“Agency”),

has

rio objection to

filing of

the Amended Petition.

Inasmuch

as Ligma has filed

an open waiver

of

the decision

date

in this proceeding,

acceptance of

the Amended Petition does

not affect the decision schedule.

However,

it should

be noted

that the Agency’s Recommendation

on the original petition has

been filed

and that

a hearing has already been held.

As regards

the

former,

the Board

notes

that

it cannot take final action

without receipt of an amended Agency recommendation

(c.f.,

City

of Chicago

v.

IEPA, PCB 82—139,

53 PCB

71).

As regards

the

latter,

the Board requests the Agency’s perspective on the

desirability

of an additional hearing

to address

the Amended

Petition.

As

a final matter,

the Board notes several concerns based

on

review of the record as

it currently

stands.

Among

these are

whether

the parties consider either methylethyl ketone

(“MEK”)

or

tetrahydrofuran

(“THF”)

to be organic material; whether MEK and

THF should

be aggregated

with toluene

in making the determination

to characterize Bostic

F as photochernically reactive material

(“PRM”)

pursuant to

the definition

of

PRfl at

35

Ill.

Adm.

Code

211.122;

whether data

on the component percentages of

the Bostic

F formulation should be presented as volume percents rather

than

weight percents

(c.f.,

the definition of PRM),

and whether

such

distinction

is material

to any aspect of

the variance request;

99—21

---

—2—

and whether variance from 35

Iii. Adm. Code 215.304

is necessary

to

accomplish

the relief sought by Ligma.

In addition,

the Board notes that together with

the Amended

Petition, Ligma

filed

a document entitled “Ligma Corporation’s

Exhibit

1”,

upon which

is printed the sentence “This document

contains confidential

& proprietary information

not to be

released without written permission from Ligma Corporation”.

The

Board

is unable

to determine from the

face of the exhibit

as

to

whether

these documents are

1)

claimed

to be trade secrets

pursuant

to 35

Ill.

Adm. Code Part 120,

and

if

so, whether any

trade secret determination has been made,

or

2)

to

be

“confidential”

on some other

basis,

and

if so, what this basis

is.

The Board orders that

the parties address these

issues

in

appropriate

filings

no

later

than June

9,

1989.

IT

IS SO ORDERED.

I,

Dorothy

‘4.

Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

//~~

day

of

___________________,

1989,

by

a vote

of

7—c

.

)7~.

~L)

Dorothy

M.

f~,Unn, Clerk

Illinois Pciflution Control Board

99—22