ILLINOIS

POLLUTION

CONTROL

BOARD

December

20,

1984

TECUMSEH

MANAGEMENT

CO~

)

Petitioner,

v~.

)

PC~3

84~l7O

ILLINOIS

ENVIRONMENTAL PROTECTION

)

AGENCY

AND

AMAX

COAL

COMPANY,

INC.

)

Respondent,

ENTERIM ORDER

ORDER

OF THE BOARD

(by

J,

D. Dumel le):

On

December

7,

1~84

the

Board

received

an

Application

For

ton~Disc1osure

from

the

Illinois

Environmental

Protection

Agency

(Agency)~

The

Application

relates

to

what

is

described

as

a

Pro

norma

Balance

Sheet:

which

was

sibmitted

to

the

Agency

by

Tecumseh

~tanaqernent

Co.

in

relation

to

a

permit

proceeding

and

was

desig-

nated

confidential

in

the

Agency’s

files.

The

Agency

requests

that

the

document

involved

be

held

for

non-disclosure

in

this

proceeding

and

be

stamped

“Not

Subject

to

Disclosure~

Section

7

of

the

Environmental

Protection

Act

Act~

(Ill,

Rev~

Stat,

1983,

oh.

111½,

par.

1007)

and

Section

101,107

of

the

Board~s

Rules and Regulations

(35 Ill. Adm.

Code

101~lO7)

state

the

qeracral

policy

that

all

files shall

be

open

to

reasonable

p.ib—

1:1.0

inspection

and

also

provide

certain

exceptions

to

that

general

policy,

including

an.

exception

for

“confidentia

data~

Section

1OL107(c)

(i)—(3~

of

the

Board’s

Rules

prescriben

the

procedure

by

which

material

will

be

judged

by

the

Board

to

fall

within

one

of

the

specified

exceot:ions,

To

enable

the

Board

to

make

an

informed

decision

in

a

timely

fashion,

Section

101

7cc)~3)

requires

that

the

A:ciication

include,

among

~thoi:

t*h,inqs~

‘~information

as

will

apprise

the

Board

of

.

the

reasons

why

non-disclosure

is

necessary,

the

number

and

title

of

all

persons

familiar

with

such

information,

and

how

long

the

material

has

been

limited

for

disclosure.”

The

Application

in

thIs

proceed-

:ing

does

not

contain

this

information.

The

reasons

given

as

supporting

this

Application

are

only

that

the

document

was

Usubmitted

to

the

Agency

in

confidence

for

sic

~nirpose

of

evaluating

Petitioner

s

financial

conditions1”

was

designated

confidential

in

the

Agencyv

s

files,”

and

was

Ureturned

as

confidentiai~”

This

does

not

provide

the

Board

with

adequate

information

to

make

an

informed

decision.

62-25

---

—2—

To remedy the defects in the Application,

the

Agency

and

the

Petitioner

are

allowed

until

Monday,

January

7,

1985

to

submit

supporting material meeting the requirements

of

Section

101.107(c)(3).

The Board will

defer ruling

on the Application

until

the January 10,

1985

Board meeting.

If

no

additional

supporting material

is filed, the document in

question

will be

treated as disciosable

after January 10,

1985.

The Board hereby enters

a temporary “conditional non-

disclosure order” with regard to the document

in

question prsuant

to Section

101.107(c)(3).

The Clerk of the Board

shall

insure

that

the document is not

subject

to

disclosure through

January

10,

1985

or,

if

additional

supporting

material

has

been

filed

but

the

Board

is

unable

to

enter

a

final

order

on

that

date,

until

such

time

as

the

Board

enters

a

final

order

on

this

IT

IS

SO

ORDERED,

I,

Dorothy

M.

Gunn,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify

that

the

above

Interim

Order

was

adopted

on

the ~r~Zday

of

~

,

1984

by

a

vote

of

5—c

~

Dorothy M.A~unn,Clerk

Illinois Pollution

Control

Board