REC~VE1~
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICF
    IN THE MATTER OF:
    )
    JUN 2 2003
    STATE OF ILLINOiS
    PROPOSED NEW AND UPDATED RULES FOR
    )
    R039
    Pollution Control Board
    MEASUREMENT
    AND NUMERICAL SOUND
    )
    (Rulemaking
    -
    Noise)
    EMISSIONS STANDARDS
    AMENDMENTS TO 35 ILL. ADM. CODE
    )
    9O1AND91O
    )
    NOTICE
    PLEASE TAKE NOTICE that I have today filed with the Office
    of the Clerk of the Pollution Control Board the Comments on the
    Illinois Pollution Control Board’s Notice of Proposed Amendments
    by the Office of the Attorney General
    -
    State of Illinois, a copy
    qf which is hereby served upon you.
    Respectfully submitted,
    PEOPLE OF THE STATE OF ILLINOIS,
    ex
    rel.
    LISA MADIGAN,
    Attorney General of the State
    of Illinois
    MATTHEW J. DUNN, Chief
    Environmental Enforcement!
    Asbestos Litigation Division
    ROSEMARIE CAZEAU, Chief
    Environmental Bureau
    Assistant Attorney General
    BY:
    __________
    JOEL J. STERNSTEIN
    Assistant Attorney General
    Environmental Bureau
    188 W. Randolph Street, 20th Floor
    Chicago, IL 60601
    (312) 814-6986
    J~~I•:~1f~EUEJO
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCi..~:RF’SOEHCF
    IN THE MATTER OF:
    )
    JUN
    ST/ViE OF
    JL~~N~)i~
    PROPOSED NEW
    AND
    UPDATED RULES FOR
    )
    R03-9
    ~
    ~
    MEASUREMENT
    AND
    NUMERICAL SOUND
    )
    (Rulemaking
    ~
    boac)
    EMISSIONS STANDARDS
    AMENDMENTS TO 35 ILL. ADM. CODE
    901
    AND
    910
    COMMENTS ON THE ILLINOIS POLLUTION CONTROL BOARD’S
    NOTICE OF PROPOSED AMENDMENTS
    BY THE OFFICE OF THE ATTORNEY GENERAtJ
    -
    STATE OF ILLINOIS
    The Office of the Attorney General thanks the
    Illinois
    Pollution Control Board (“Board”) for taking the initiative in
    amending its noise regulations. The Office of the Attorney
    General submits the following comments regarding.the Board’s
    Notice of Proposed Amendments to 35 Ill. Adm. Code 901 and 910
    set forth in the Board’s Proposal for Public Comment on February
    20, 2003.
    The Board is in the process of much needed updating and
    amendments to its noise regulations. This is a most opportune
    time to streamline the regulations, to make them user-friendly,
    and to promote and facilitate their use by the regulated
    community as well as the regulatory agencies. This is a
    significant regulatory update that will provide a state-wide
    uniform program for noise pollution enforcement by state and
    local governments.
    The Board’s adoption of the one-hour measurement requirement
    was one of the most discouraging developments in Illinois noise
    1
    pollution enforcement. It has not been demonstrated that the
    one-hour measurement time is supported by any technical or any
    other rational basis. In fact, the sound level instruments
    common at the time the Board adopted the one-hour measurement
    required nine hours to make one-hour measurements for each of the
    nine octave bands in the noise regulations.
    In many situations the duration of the noise source may be
    less than one hour such as a set of songs at a music concert.
    There is a technical, practical and reasonable basis to eliminate
    the one-hour requirement. This is a legally defensible position
    based on a 1st District Appellate Court opinion which upheld an
    order of the Board. See Discovery Group South Ltd
    et al
    v.
    Illinois Pollution Control Board et
    al,
    275 Ill. App. 3d 547, 656
    N.E.2d 51 (1st Dist 1995); Village of Matteson v. World Music
    Theatre et al, PCB 90-146 (Februar.y 25, 1993)
    .
    In these
    decisions, the Board and the Appellate Court accepted the use of
    a five-minute measurement standard rather than one hour.
    Id.
    The Office of the Attorney General urges the Board to adopt the
    five-minute measurement standard for non-continuous noise,
    although this Office acknowledges that the ten-minute measurement
    standard proposed in docket R03-8 is a step in the right
    direction.
    In cases involving a continuous noise source with a
    prominent discrete tone such as blower or a fan it is
    2
    unnecessary to specify a numerical standard for the measurement
    time. Experience by the Office of the Attorney General has
    indicated that in an industrial setting a noise source is on for
    many hours and in some cases the noise source is on continuously.
    The measurement time should be determined by the technician using
    his or her best judgement based on the nature and characteristics
    of the noise source. The measurement time should also be in
    substantial conformity with the applicable technical standards
    referenced by the Board. Furthermore, the measurements taken
    must be representative of the noise source. However, if the
    Board deems the Attorney General’s proposal for continuous noise
    sources as too subjective, the five-minute measurement time would
    be the next best alternative for the sake of consistency.
    3
    Respectfully submitted,
    PEOPLE OF THE STATE OF ILLINOIS,
    ex rel.
    LISA MADIGAN,
    Attorney General of the State
    of Illinois
    MATTHEW J. DUNN, Chief
    Environmental Enforcement!
    Asbestos Litigation Division
    ROSEMARIE CAZEAU, Chief
    Environmental Bureau
    Assistant Attorney General
    BY:
    __________
    JOEL J. STERNSTEIN
    Assistant Attorney General
    188 W. Randolph Street, 20th Floor
    Chicago, IL 60601
    (312) 814-6986
    H:\COt1lfl1Ofl\EflVirOflfl~eflta1\JOEL\CaSe Documents\IPC~Noise Regs 03-8 & 03-9\AG Comments 03-9.wpd
    4
    SERVICE LIST
    Dorothy Gunn
    Clerk
    Pollution Control Board
    100 W. Randolph, Suite 11-500
    Chicago, IL 60601
    Rachel L. Doctors
    Division of Legal Counsel
    Illinois EPA
    1021 N. Grand Avenue E.
    Springfield, IL 62794-9276
    Thomas Thunder
    Acoustic Associates, Inc.
    305 B. Northwest Highway
    Palatine, IL 60067
    Paul Schomer
    Schomer & Associates, Inc.
    2117 Robert Drive
    Champaign, IL 61821
    Al Shiner
    Shiner & Associates
    1 N. Franklin, Suite 2025
    Chicago, IL 60606
    Robert Wells
    Wells Environmental Systems
    2061 Gladstone
    Wheaton, IL 60187
    Jerold Leckman
    34030 N. Lakeside drive
    Grayslake, IL 60030
    Robert T. Lawley,
    Dept. of Natural Resources
    One Natural Resources Way
    Springfield, IL 62702
    George Kamperman
    Kamperman Associates Inc.
    312 Washington Ave.
    Wisc~nsinDells, WI 53965
    Greg Zak
    Noise Solutions by Greg Zak
    36 Birch Drive
    Chatham, IL 62629
    Linda Brand
    Dept. of Commerce & Economic
    Opportunity
    620 E. Adams Street
    Springfield, IL 62701
    Deborah Connelly
    JCAR
    700 Stratton Office Building
    Springfield, IL 62706
    Claire Manning
    Posegate Denes
    ill N. Sixth Street
    Springfield, IL 62701
    CERTIFICATE OF SERVICE
    I, JOEL J. STERNSTEIN, an Assistant Attorney General,
    certify that on the 2nd day of June, 2003, I caused to be served
    by First Class Mail the foregoing to the parties named on the
    attached service list, by depositing same in postage prepaid
    envelopes with the United States Postal Service located at 100
    West Randolph Street, Chicago, Illinois 60601.
    JOEL J. STERNSTEIN

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