ILLINOIS POLLUTION CONTROL BOARD
January 5,
1989
MONSANTO COMPANY,
Petitioner,
)
v.
)
PCB 88-206
Docket
A
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Respondent.
)
ORDER
OF THE BOARD
(by
B.
Forcade):
In
Monsanto Company
v.
EPA, PCB 88-2068, Monsanto Company
(“Monsanto”)
filed
a December 30,
1988 petition
for variance from Section 215.966,
35
Ill.
Adm. Code 215.966
(1988),
of the Board’s Air Pollution rules.
Monsanto
claimed
four narrow items
of
information as trade secrets not subject
to
Section
7 disclosure.
See
Ill.
Rev.
Stat.
ch.
111
1/2, par. 1007 (1988).
Accompanying that petffT6n was
a Statement
of Justification.
See 35
Ill. Adm.
Code 120.201(a)(3)
&
120.202 (1988).
The Board has reviewed the Monsanto petition for variance
as submitted to
the Board, the claimed trade secret
information contained therein,
and
Monsanto’s Statement of Justification
in light of Sections 120.103, 120.201,
and 120.202
of its Identification and Protection of Trade Secrets rules.
The
Board has not received
a
request for the claimed information nor any objection
to the claims.
See Sections 120.103 & 120.210.
The Board determines the claimed items of information are subject to
protection as confidential
information.
The Board will protect this
information pursuant to
Part 120, Subpart
C
of Title
35 of the Illinois
Administrative Code, until
such
a time as
it receives official nbtification of
a
final
order by
a reviewing body which
reverses this determination,
or until
such time as P08 88-2068 proceeding has terminated and Monsanto has requested
the return of
all
copies
of the variance petition containing the subject
information.
ORDER
The Board hereby orders
the Clerk
of the
Board to protect these articles
pursuant
to Subpart
C
of
35
Ill. Adm. Code 120,
and to mark these items with
the word “DETERMINED” pursuant
to
35
Ill.
Adn. Code 120.310.
IT
IS
SO ORDERED.
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—2-
I, Dorothy
M.
Gunn, Clerk
of the Illinois Pollution Control
Board, hereby
certify
t
at the above Order was adopted
on the
Zi
day
of ______________________,
1988,
by
a vote of
7—ø
Illinois Pollution Control
Board
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