ILLINOIS POLLUTION CONTROL BOARD
    December 6, 1984
    CLASSIC
    FINISHING CO..,
    )
    Petitioner,
    v.
    )
    PCB 84—174
    )
    Docket P..
    U,LINOIS ENVIRONMENTAL
    )
    Docket B
    PROTECTION AGENCY,
    Respondent.
    O~ER
    OF TUE BOARD (by 3.
    Anderson):
    On November 21, 1984, Classic filed a petition for variance
    trom
    35
    Iii. Mm. Code 215.204(c). The çetition was accompanied
    by an assertion that Appendices C through H thereto constitute
    ~rade secrets or other confidential business information pro-
    tected from disclosure under Sections 7 and 7.1 of the Act.
    As ~ithorized by 35 Ill. Mm. Code 120~215(a), the Board
    hereby requests Classic to justify its claim pursuant to Section
    120.202. Pursuant to Section 120.102 the
    Board reciuests Classic
    Lo specifically address the question as to whether the Section 7(c)
    public availability requirement applies to the appendices containinq
    plant emissions data (see Pet., p. 3—4)~
    As the trade secret determination involves a decision
    separate from that required
    in the variance proceeding, and as
    the two decisions do not share a common timetable, the Board will
    create separate dockets within the PCB 84—174 number. The trade
    secret proceeding will hereinafter be known as PCB 84-174, Docket
    A, and the variance proceeding as PCB 84-174 Docket B. The
    parties are requested to designate the appropriate docket on all
    pluadings.
    As to the Docket B variance petition itself, although
    hearing was waived, the matter must be set for hearing, as grant
    of the
    requested relief
    would
    require an amendment to the State
    Implementation Plan
    under the
    Clean Air Act.. The Board construes
    the Docket A trade secret assertion, paragraph III, as waiving
    the 90 day variance decision deadline of Section 38(a) for a
    period equal to the time provided in Part 120 for Board deter-
    miriation of Classic’s trade secret claim, plus 10 working days.
    Given this limited waiver, hearing need not be scheduled or held
    until Board determination of Classic’s claim.
    IT IS SO ORDERED.
    gj
    ~q~ç
    —2—
    I,
    Dorothy 14. Gunn, Clerk of
    the Illinois Pollution
    i.ontrol Board, hereby certify that i~heabove Order was
    adopted on the
    ~
    day of
    ~
    ,
    1984 by a
    vote of
    -
    C
    1:1
    -~
    y~
    ~-~2
    /~
    ~
    -~
    Dorothy M. ~inn,
    Clerk
    Illinois Pollution Control Boarrl

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