THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
     
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
     
    IN THE MATTER OF: )
     
      
      
      
      
      
    )
    PROPOSED NEW AND UPDATED )
    RULES FOR MEASUREMENT AND ) R 03-09
    NUMERICAL SOUND EMISSIONS ) (Rulemaking – Noise)
    STANDARDS )
    AMENDMENTS TO 35 ILL. ADM. )
    CODE 901 AND 910 )
     
    NOTICE OF FILING
     
    TO: Ms. Dorothy M. Gunn Division of Legal Counsel
    Clerk of the Board Illinois
    Environmental Protection Agency
    Illinois Pollution Control Board 1021 North Grand Avenue East
    100 West Randolph Street Post Office Box 19276
    Suite 11-500 Springfield, Illinois 62794-9276
    Chicago, Illinois 60601 (
    VIA FIRST CLASS MAIL)
    (VIA ELECTRONIC FILING)
     
    (PERSONS ON ATTACHED SERVICE LIST)
    PLEASE TAKE NOTICE that on October 3, 2005, I filed with the Office of the Clerk of
    the Illinois Pollution Control Board by electronic filing the FURTHER COMMENTS BY PAUL
    SCHOMER on behalf of the Village of Bridgeview, a copy of which is hereby served upon you.
    Dated: October 3, 2005 Respectfully submitted,
     
    By: /s/ Patricia F. Sharkey
      
    One of its Attorneys
    Patricia F. Sharkey
    Mayer, Brown, Rowe & Maw LLP
    71 South Wacker Drive
    Chicago, Illinois 60606-4637
    (312) 782-0600
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 3, 2005
    * * * * * PC #19 * * * * *

     
    THIS DOCUMENT HAS BEEN PRINTED ON RECYCLED PAPER
     
    CERTIFICATE OF SERVICE
     
    I, Patricia F. Sharkey, an attorney, hereby certify that I have served the attached
    Further
    Comments by Dr. Paul Schomer, Ph.D., P.E.
    , upon:
    Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (Electronic Mail)
    Marie Tipsord
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (U.S. Mail)
    Howard O. Chinn
    Chief Engineer
    Office of the Attorney General
    188 West Randolph Street, 20
    th
    Floor
    Chicago, Illinois 60601
    (U.S. Mail)
    Kyle Rominger
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    Post Office Box 19276
    Springfield, Illinois 62794-9276
    (U.S. Mail)
    Thomas G. Safley
    Hodge, Dwyer, Zeman
    3150 Roland Avnue
    P.O. Box 5776
    Springfield, IL 62705-5776
    (U.S. Mail)
    Robert C. Wells
    Wells Environmental Systems
    2225 Sanctuary Court
    Gurnee, IL 60031
    (U.S. Mail)
    N. LaDonna Driver
    Illinois Environmental Regulatory Group
    3150 Roland Avenue
    Springfield, IL 62703
     
     
    as indicated above, by electronic mail or by depositing said document in the United States Mail,
    postage prepaid, in Chicago, Illinois on October 3, 2005.
     
    /s/ Patricia F. Sharkey
      
    Patricia F. Sharkey
    Patricia F. Sharkey
    Mayer, Brown, Rowe & Maw LLP
    71 South Wacker Drive
    Chicago, Illinois 60606-4637
    (312) 782-0600
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 3, 2005
    * * * * * PC #19 * * * * *

    This Document Has Been Printed on Recycled Paper
     
     
     
    BEFORE THE
    ILLINOIS POLLUTION CONTROL BOARD
     
     
    IN THE MATTER OF: )
     
      
      
      
      
      
      
    )
    PROPOSED NEW AND UPDATED RULES )
    FOR MEASUREMENT AND NUMERICAL ) R 03-09
    SOUND EMISSIONS STANDARDS
    ) (Rulemaking - Noise)
    AMENDMENTS TO 35 ILL. ADM. CODE )
    901 AND 910 )
     
    October 3, 2005
     
    Further comments by Paul Schomer
     
    Due to illness, I was unable to attend the recent hearing on this matter in Springfield, but the
    following is the gist of what my testimony would have been.
     
    I was asked by the City of Bridgeview to perform an analysis of the Board's proposed rule
    changes and, frankly, had given little thought to the technical issues involved prior to this present
    undertaking. I have used scientific curiosity and engineering skills to delve into these issues in a
    rigorous fashion. I find that there are several incontrovertible points:
     
    My first point deals with qualifications. There is one way to correctly perform measurements and
    a multitude of ways to mess them up. Good measurements are not an accident. They must
    follow ANSI approved procedures using ANSI approved methods and instrumentation. The
    technician or engineer must understand the physics and mathematics of sound. They must be
    trained and experienced, and they must be properly supervised. There is a means to determine
    whether an engineer has the training and experience to perform or supervise accurate acoustical
    measurements: Board Certification by the Institute of Noise Control Engineering. This is the
    closest vehicle there is to a license in Acoustical Engineering. A wastewater plant analysis
    requires a licensed civil engineer, a bridge analysis requires a licensed structural engineer, an
    HVAC analysis requires a licensed mechanical engineer, etc. Acoustical engineering has similar
    complexities. Minimally, a Board Certified Noise Control Engineer should be required to
    perform or supervise measurements. Who would accept an analysis that a bridge was safe by an
    untrained layman? No court would allow purported factual and objective scientific data into a
    legal record without assuring itself of the credentials of the person who obtained the data.
    Acoustical engineering is one more engineering discipline. It requires the same rigor and respect
    -- no more, but certainly no less.
     
    My second point deals with instrumentation. Measurements made with a "Radio Shack" type of
    device are worthless. It is only the naïve layman who would choose such an instrument. These
    instruments, by their specifications and features, are clearly best used for indoor measurements
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 3, 2005
    * * * * * PC #19 * * * * *

    This Document Has Been Printed on Recycled Paper
     
    of sound levels that may cause hearing damage. Indoors there is no wind and the levels of
    concern are 80 dB and above. But what about outdoor environmental noise measurements? The
    Radio Shack meter has an electrical noise floor of 50 dB. This noise floor renders all readings
    below about 55 dB as worthless. Lack of a windscreen further limits the "acceptable range" to
    still higher levels. Add to this, the lack of on-site calibration verification and the result is a
    measurement with virtually zero probability of acceptable accuracy. In most cases there is NO
    accuracy at all; the measurement result is simply not correlated with the sound in question.
     
    My third point deals with maintaining the efficacy of the Board's rules. Many valid nuisance
    noise instances may not be detected by poor instruments. "Radio Shack" type instruments do not
    measure sound in individual octave bands. But there may be excess noise in low-frequency
    bands such as 31 or 63 Hz that barely measure on the A-scale. This excess noise will be missed
    because of the A-weighting. So inaccurate measurements, typically made by the naïve using a
    "Radio Shack" type of meter, can result in either overstating or understating true noise levels by
    many decibels and mislead the Board as to the noise source. Accepting a report of 50 dBA
    (which is the Radio Shack instrument floor rather than an actual noise measurement) does
    nothing to address the Board's procedures or validate its decisions. It also does nothing to
    diagnose the true problem, which is the only way to get to a valid engineering solution. The
    octave-band nature of the Board's rules is a positive feature not to be squandered by substituting
    A-weighted measurements of questionable validity. Octave-band noise levels are measurable
    and distinguishing octave band noise allows tailored and effective engineering solutions to
    nuisance problems. The nuisance provision works best for all parties when objective,
    reproducible and accurate information supports or rebuts the nuisance claim. Inaccurate noise
    measurements only mislead and make finding the true facts harder.
     
     
    I hope you find these thoughts useful. My former written comments for the record provide more
    background on the above. I regret having missed the opportunity to address the Board directly at
    the September 1, 2005 hearing. I will be pleased to respond with further written comments to
    any questions that may arise within the Board based on these or my earlier comments.
     
    Very sincerely,
    Paul Schomer, Ph.D., P.E.,
     
    Member, Board Certified, Institute of Noise Control Engineering
     
     
     
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 3, 2005
    * * * * * PC #19 * * * * *

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