ILLINOIS POLLUTION CONTROL BOARD
    February
    6,
    1986
    CLASSIC FINISHING CO.,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 84—174
    Docket C
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J. Anderson):
    By Order of January
    9,
    1986,
    the Board established this
    Docket C for
    the purpose of requesting
    arid adjudicating
    justification of the trade secret claim made regarding the
    entirety of Exhibits
    4 and
    5 introduced at the December
    27
    hearing
    in the Docket B variance proceeding.
    Classic filed an
    incorrectly marked justification on January 28, errors in which
    were corrected by a supplemental
    filing on January 30,
    1986.
    The Board’s request for justification specifically asked
    Classic
    to address whether the Environmental Protection Act’s
    “Section 7(c) public availability requirement applies
    to the
    emission’s data
    in Exhibit
    5,
    pp.
    1
    and
    3”.
    In response, Classic
    has withdrawn the claim as
    to certain information on these pages;
    in an unnumbered attachment
    to the January
    28
    filing,
    which
    consists of three pages stamped “trade secret” immediately
    following
    the certification by John Tinnon,
    Classic has submitted
    a “suggested arrangement
    of the limited materials subject
    to
    public disclosure”
    (January 30 filing,
    p.
    3).
    Classic then
    asserts and explains why the balance of the material
    should be
    afforded trade secret protection, particularly given the Board’s
    finding concerning similar information
    in PCB 84—174,
    Docket A
    (Order
    of February 7,
    1985).
    As
    to pp.
    1—3
    of Exhibit
    5,
    the Board
    finds Classic’s
    “suggested arrangement” of this disciosable material acceptable,
    and will order Classic
    to file clean,
    unstainped copies
    of these
    pages
    for entry
    into the public
    file.
    The Board
    finds
    that the
    balance of Exhibits
    4 and
    5 are trade secrets or other
    confidential material within the meaning of the Act and Part
    120
    for the reasons asserted,J~yClassic, and will
    order
    the Clerk to
    continue
    to give them the required protection.
    Finally,
    the Board
    notes that
    the Docket B variance
    proceeding
    is now ripe for decision,
    and will be handled as
    expeditiously as
    is practicable.
    S
    .
    S
    —2—
    This Opinion constitutes
    the Board’s findings of fact and
    conclusions as law
    in this matter.
    ORDER
    1)
    Within
    14 days of
    the date of
    this Order, Classic
    shall
    file copies of the cover page and pages
    1
    and
    3 of Exhibit
    5
    for
    entry
    into the public record, consistent with the foregoing
    opinion.
    2)
    Exhibits 4—5
    as submitted at
    the December
    27,
    1985
    hearing
    in PCB 85—174, Docket B and any copies thereof submitted
    in
    this docket are determined
    to constitute
    trade secrets.
    The
    Board hereby orders the Clerk of the Board
    to continue
    to protect
    these articles
    as trade secrets pursuant
    to Subpart C of
    35 Ill.
    Adrn.
    Code 1120, and
    to mark these
    items with the word
    “DETERMINED” pursuant to 35
    Ill. Adm. Code 120.310.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was
    adopted
    on
    the
    ~
    day
    of ________________________,
    1986,
    by a
    vote of
    1~’
    .
    /
    Dorothy
    M.
    unn, Clerk
    Illinois Pollution Control
    Board
    S
    S
    S

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