ILLINOIS POLLUTION CONTROL BOARD
December 15, 1988
MONSANTO COMPANY,
)
)
Petitioner,
v.
)
PCB 88—194
Docket A
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
ORDER OF THE BOARD (by B. Forcade):
In Monsanto Company v. EPA, PCB 88—194B, Monsanto Company
(“Monsanto”) filed a December 2, 1988 petition for variance from
Section 215.966, 35 Ill. Adm. Code 215.966 (1987), of the Board’s
Air Pollution rules. Monsanto claimed three 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 petition was a Statement of Justification. See 35 Ill. kdm.
Code 120.201(a)(3) & 120.202 (1987).
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 notification of a final order by a
reviewing body which reverses this determination, or until such
time as PCB 88—l94B 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. Adm. Code 120.310.
IT IS SO ORDERED
94—131
—2—
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify at the above Order was adopted on
the
/.ó1Z
day of
_______________________,
1988, by a vote
of
~7—~
Illinois
Ut
Control Board
94—132