ILLINOIS POLLUTION CONTROL BOARD

September 4,

1975

THE

SHERWIN-WILLIAMS

COMPANY,

)

Petitioner,

vs.

)

PCB

75—268

ENVIRONMENTAL PROTECTION AGENCY,

)

Respondent.

ORDER OF

TIlE BOARD

(by

r~r.Henss):

On August 27,

1975 Petitioner filed

a Motion which requests

that the entire record to be filed by the Agency in this pro-

ceeding be designated “not subject to disclosure” pursuant to

Board Procedural Rule 107.

Petitioner further requests that

hearing

in this matter be continued until October

6, 1975.

Petitioner states that it is currently the sole domestic

manufacturer of p~ra-creso1and that contained in numerous

places throughout the record there

is certain proprietary

information which constitutes a trade secret and concerns

secret and confidential manufacturing procedures and raw

material inputs, production rates, product t~i~es,by—product

production and reaction conditions which cannot be publicly

disclosed without great competitive injury to the Sherwin—

Williams Company.

Petitioner states that the record should be

given confidential status and that Petitioner should not be

required to proceed with a public hearing until the Board has

determined the confidentiality of the record.

The Board is satisfied that the Motion should be allowed

at least on a temporary basis.

The record has not been filed

and we would prefer not

to give a permanent confidential status

to the record until we have had an opportunity to review it.

However,

there is sufficient basis

in the record for allowing

the Motion until the Board has had an opportunity to review the

record.

It

is Ordered that the entire record to be filed by the

Agency in this proceeding shall be designated “not subject to

18

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471

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disclosure”

and

shall

be

retained in the records of the

Illinois Pollution Control Board under the provisions of

Procedural

Rule

107.

The

record

shall be so designated

“not subject to disclosure” until further Order of the Board.

The

hearing

which

had

previously

been

scheduled for

September

5,

1975 shall be continued,

and shall be rescheduled

by the Hearing Officer in the usual manner but not earlier

than October

6, 1975.

IT IS SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution Control

Board,

here y certify the above Order w

s adopted the

_________

day of~~Lj~M...J1975 by a vote of

h7_()

Illinois Pollution

ol Board

18—