ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFTCF
ARCHER DANIELS
MIDLAND COMPANY,
)
OCT
23
2003
)
Petitioner,
)
STATE
OF ILLINOIS
)
Pollution Control Board
v.
)
PCB 99-166
)
(Trade Secret)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO WITHDRAW TRADE
SECRET APPEAL
Archer Daniels Midland Company (ADM), through its Corporate Environmental
Counsel, hereby moves to withdraw its trade secret appeal filed in this matter and in
support thereofstates as follows:
1.
This matter involves the appeal ofIllinois
EPA’s denial oftrade secret status
for certain information included in a permit application regarding a soy fiber
pelletizing system at ADM’s plant in Decatur, Illinois;
2.
After a the Board’s adoption ofrevisions to its Procedural Rules regarding
trade secrets, Illinois EPA requested that ADM submit a new request for a
trade secret determination regarding the same information;
3.
By letter dated July 31, 2003
(copy attached), Illinois
EPA granted that new
request;
4.
Thus, there is no longer any reason to pursue this appeal; and
5.
Illinois EPA has authorized ADM to represent to the Board that Illinois
EPA
has reviewed this Motion, concurs with the substance ofthe Motion, and does
not intend to file a response to it.
WHEREFORE, for the reasons set forth above, ADM respectfully requests the Board to
grant this Motion to Withdraw Trade Secret Appeal.
Respectfully Submitted,
By:~~(~ç~
Lee R.
Cunningham
C.)
Corporate Environmental Counsel
Archer Daniels Midland Company
CERTIFICATE OF SERVICE
It is hereby certified that true copies ofthe foregoing Motion to Withdraw Permit
Appeal were mailed, first class,
to each ofthe following on October 17, 2003:
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600
S. Second Street, Suite 402
Springfield, IL
62704
Robb H. Layman, Assistant Counsel
IEPA, Division of Legal Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
IL
62794-9276
It is hereby certified that an
original and ten copies ofthe foregoing
Motion to Withdraw Permit Appeal was mailed regular U.S. mail to the following on
October 17, 2003:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100W. Randolph Street, Suite 11-500
Chicago, IL
60601
Lee R. Cunningham
ci
Corporate Environmental Counsel
Archer Daniels Midland Company
4666 Faries Parkway
Decatur, IL
62526
(217) 451-4883
#24298