AUTHORITY: Implementing Sections 7 and 7.1 of the Environmental Protection Act (Act) [415 ILCS 5/7 and 7.1] and authorized by Sections 7, 7.1, 26, and 27 of the Act [415 ILCS 5/7, 7.1, 26, 27].
SOURCE: Subparts A, B, and C originally adopted in R81-30 at 7 Ill. Reg. 16149, effective November 23, 1983. Subpart D originally adopted in R88-5(A) at 13 Ill. Reg. 12055, effective July 10, 1989; old Part repealed, new Part adopted in R00-20 at 25 Ill. Reg. 516, effective January 1, 2001; amended in R04-24 at 29 Ill. Reg. 8842, effective June 8, 2005; amended in R14-21 at 39 Ill. Reg. 2408, effective January 27, 2015; amended in R17-18 at 41 Ill. Reg. 10190, effective July 5, 2017.
SUBPART A: GENERAL PROVISIONS
Section 130.100 Purpose and Applicability
a) Section 7(a) of the Act provides that all files, records, and data of the Agency, the Board, and DNR shall be open for reasonable public inspection except for information which constitutes a trade secret; information privileged against introduction in judicial proceedings; internal communications of the several agencies; and information concerning secret manufacturing processes or confidential data submitted by any person under the Act. [415 ILCS 5/7(a)]
b) This Part establishes procedures to identify and protect trade secrets and other non-disclosable information.
1) Subpart A of this Part sets forth general provisions that apply with respect to both trade secrets and other non-disclosable information. References in this Subpart to non-disclosable information other than trade secrets apply only to proceedings before the Board.
2) Subparts B and C of this Part address only trade secrets. Those Subparts apply to articles submitted or otherwise obtained by the Board, the Agency, or DNR.
3) Subpart D of this Part addresses only non-disclosable information other than trade secrets. That Subpart applies only to filings of articles with the Board.
(Source: Amended at 41 Ill. Reg. 10190, effective July 5, 2017)
Section 130.102 Additional Procedures
The Agency and DNR each may adopt additional procedures that are not inconsistent with this Part to protect articles that are claimed or determined to represent a trade secret.
(Source: Amended at 41 Ill. Reg. 10190, effective July 5, 2017)