Lk
1
9!
N
A
ILLINOIS POLLUTION CONTROL BOARD
April 23, 2008
RECEIVED
CLERK'S OFFICE
APR 2 3 2008
STATE OF ILLINOIS
Pollution Control Board
EMERALD PERFORMANCE MATERIALS, )
L.L.C. (as purchaser of NOVEON, INC.), ?
)
Petitioner,
?
)
v.?
)
PCB 04-102
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
)
)
HEARING OFFICER ORDER
On February 5, 2008, a hearing was held in the above-captioned permit appeal. It was
agreed by the parties at the hearing that the hearing would be closed to the public due to trade
secret issues.
On April 14, 2008, the petitioner filed a motion to designate transcript as non-trade
secret. The petitioner states in its motion that "based on petitioner's review of the testimony
provided and the Exhibits accepted into evidence at the February 5, 2008, hearing, Petitioner
asserts that the February 5, 2008, transcript of the hearing and the Exhibits other than Exhibit 3
[Exhibit 3 is derived from the trade secret version of the Record filed by the respondent on April
27, 2007] do not contain information that would be deemed confidential and protected under the
trade secret provisions of the Illinois Pollution Control Board at 35 Ill. Adm. Code Part 130".
Motion at 1. To that end, the petitioner "requests that the transcript of the February 5, 2008
hearing and the Exhibits other than Exhibit 3 be reclassified as non-trade secret". Motion at 2.
Petitioner represents that the respondent does not oppose the motion.
Petitioner's motion is granted. The hearing officer will mark Exhibit 3 with the words
Trade Secret in red ink on the face of the exhibit.
See
Section 130.302 of the Board's procedural
rules.
The parties are directed submit a post-hearing briefing schedule to the hearing officer
within the next 10 days.
IT IS SO ORDERED.
r—a_refris1\
P
vitt9Q.
C.
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
312.814.8917
3
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on April 23, 2008, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on April 23, 2008:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
rP,r,)%9
2\
?
e
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
4
PCB 2004-102
Robb H. Layman
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2004-102
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2004-102
Sally A. Carter
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PCB 2004-102
Roy M. Harsch
DrinkerBiddleGardnerCarton
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606-1698
PCB 2004-102
Steven J. Murawski
DrinkerBiddleGardnerCarton
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606-1698
PCB 2004-102
Bill Maupin
1318 County Road
1450 North
Henry, IL 61537