ILLINOIS POLLUTION CONTROL BOARD
July
9,
1981
KEARNEY DIVISION, a Division of
Kearney—National,
Inc.,
a
Delaware Corporation,
Petitioner,
v.
)
PCB
81—25
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.D.
Dumelle);
On February
18,
1981 Kearney Division filed a petition
for variance from Rule 206 of Chapter
8:
Noise Pollution as
it relates to maximum impulsive sound received at residences
from a class
‘B’
land source.
An amended petition was filed
on April 15,
1981 curing certain procedural defects,
and the
Illinois Environmental Protection Agency
(Agency)
filed a recoin—
mendation to grant variance subject
to certain conditions on
June
8,
1981.
That recommendation was accompanied by a motion to
file instanter, which motion,
being unopposed,
is hereby granted.
Kearney operates a research and testing laboratory
at
8600 Joliet Road in McCook,
Illinois.
High voltage switchgear,
which Kearney manufactures primarily for the distribution of
electrical power,
are proof tested at the McCook
laboratory.
The
laboratory, which is the largest in Illinois in terms of maximum
available power
for short circuit testing, employs
6 people with
a 1980 payroll of $127,000.
In addition to testing its own
products,
Kearney contracts testing for outside clients, both
domestic and foreign.
The laboratory is
located on
4½
acres of
land in a highly
industrialized area which includes the UOP Process Division,
Vulcan Quarry, Reynolds Metal, and Electromotive Division of
General Motors.
The nearest residential property lies north
of the laboratory about 800 feet.
The testing which results
in possible violations of Rule
206 is done on fuse cutouts which are used to protect electrical
distribution lines by opening the circuit and removing the
fault from the
line.
This allows sectionalizing of electrical
outages.
When tested at high power
levels,
the interruption,
in the form of an electrical
arc, instantly heats the air
surrounding the fuse element and generates a sharp sound similar
to thunder.
Most tests are run at medium and low amperage ranges
4 3—23
—2—
and do not cause noise violations.
During a three—month period
in 1978,
high level tests were run on only
3 days
in October,
5
days in November and
3 in December,
A total of
79 such tests were
run spaced never
less than ten minutes apart.
An average of
approximately 40 such tests are run each month.
Kearney built an acoustical enclosure for the
lab in 1980.
$3,500 was spent on engineering and architectural fees,
about
$5,500 was spent on relocating bus work, electrical wiring,
exhaust systems and other equipment to accommodate the enclosure,
and $41,000 was spent on the enclosure itself.
Kearney’s consultant has indicated that to meet the
50 db limitation of Rule 206,
an experimental test chamber
would have to be built at Kearney’s expense and that additional
construction in the form of
a new acoustical chamber would
cost at least $90,000,
Further, the consultant cannot even
quarantee that the
50 dh
level
could be met since no sound
attenuation technique for an operating fuse cutout has been
developed or tested.
The only other alternative would be to cease the high
amperage testing which would
force Kearney
to test at outside
laboratories.
One such laboratory
is the IREQ lab
in Canada
which charges $3,500/day plus travel and other expenses.
Given the high ambient noise
levels
in the area around
the Kearney lab due to truck and automobile noise
(see Noise
Survey Report;
p.
4 of
4; Ex,
4;
attachment
7 of the Agency
i~ecommendation)and the relatively infrequent high amperage
tests,
the Board finds that a denial
of variance would cause
an arbitrary and unreasonable hardship.
The Board notes that
no expiration date
is requested,
but will grant the variance
for a period of five years.
The Board is troubled by some adverse comments of
residents and the McCook Environmental Board which oppose the
variance.
However,
the prohibition on night—time testing
and the acoustical
treatment of the vent opening in the test
chamber should reduce much
of
the problem.
Further, the Board
will order that Kearney continue
to investigate and remain
appraised of advances
in the
state of the art of noise control
which may lead to cost—effective compliance for
its laboratory.
This Opinion constitutes the Board~sfindings of
fact
and conclusions of law
in this matter.
ORDER
Kearney Division is hereby granted a variance from the
provisions of Rule 206 during daytime hours until July
9,
1986,
but is denied a variance from the provisions of Rule 206 between
the hours of 8:00 P.M.
and 7:00 A.M.
as to the operation of its
research and
i~abora~FI~~? 8600 Joliet Road, McCook,
Illinois.
The variance is conditioned with the following
requirements:
43—24
—3—
1.
No testing between the hours of 8:00 P.M.
and
7:00A.M.
is allowed;
2.
Acoustical insulation must be installed and maintained
in the vent opening on the roof of the acoustical celi
chamber.
Installation must be approved by the Agency;
3.
The acoustical test chamber must be maintained so the
maximum effect of the chamber is not degraded,
and;
4.
Fuse tests must be performed with all acoustical test
cell openings closed to achieve maximum effect.
5.
Within 45 days of the date of this Order Kearney shall
execute and forward to the Illinois Environmental
Protection Agency, Division of Water Pollution Control,
Variance Unit,
2200 Churchill Road, Springfield, Illinois
62706 a Certificate of Acceptance and Agreement to be
bound to all terms and conditions of this variance.
This 45—day period shall be held
in abeyance for any
period this matter is being appealed.
The form of the
Certification shall
be as follows:
CERTIFICATION
Kearney
—
National,
Inc.,
a Delaware Corporation,
is aware of and
understands the Order of the Illinois Pollution Control Board in
PCB 81—25 and hereby accepts said Order and agrees
to he bound by
all the terms and conditions thereof.
Kearney—National,
Inc.
By
—____
Authorized Agent
Title or Company Position
6.
Kearney shall continue
to investigate and remain
appraised of advances
in the state of the art which
may lead to ultimate compliance,
and shall submit
a written report to the Agency every 12 months during
the period of the variance regarding
such investigation
and advances,
as well
as any progress toward compliance.
IT
IS SO ORDERED.
Mr. Anderson abstained.
I, Christan
L. Moffett, Clerk of the Illinois Pollution
Control Board, hereby certify that the above Opinion and
Order was adopted on the 7~day of
________________,
1981
by a vote of
7/-C
.
/‘
~
X/
Christan L.
Moffett,
~rk
Illinois Pollution Control Board
4~3—2s