Illinois Association of
1115 S. 2nd Street
Aggregate Producers
Springfield, IL 62704
(217) 241-1639
John Henriksen, Executive Director
Fax (217) 241-1641
Glenda Schoening, Office Manager
Email: iaap@hansoninfosys.com
Dorothy Gunn, Clerk
C
.4~RECEIVED
CLERK’S
~
September
OFF~F
5,
2003
Illinois Pollution Control Board
P
200
100 W. Randolph, Suite 11-500
STATE OF ILLINOIS
Chicago, IL 60601
Pollution Control Board
Re:
Proposed New and Updated Rules for Measurement and Numerical Sound Emission
Standards
I
Amendments to
35
III. Adm. Code 901 and 910 / Docket R03-9
Comments and Request for Hearing
Dear Ms. Gunn:
The following comments and request for hearing are submitted by the Illinois Association of
Aggregate Producers (IAAP), the trade association representing companies that produce crushed
stone, sand, gravel, silica sand and agricultural lime
--
materials used for building and
maintaining roads, constructing housing, offices and public buildings, manufacturing glass and
as soil additives.
The IAAP’s 110 producing members range in size from “mom and pop” operations that
manufacture less than 100,000 tons of these products each year to companies that produce well
over 20,000,000 tons annually. Our members currently operate in 80 out of 102 Iffinois counties
and are a mainstay ofthis State’s economy.
IAAP members that produce crushed stone and silica sand use explosives in order to fracture the
mineral deposit being mined. Crushed stone and silica sand cannot be processed into usable end
products absent these blasting activities. Since 1995, blasting at these mines have been regulated
by the Illinois Department of Natural Resources (IDNR) in accordance with the Section
6.5
of
the Surface Mined-Land Conservation and Reclamation Act (215 ILCS
715/6.5).
Among other
requirements, blasting operations are subject to air blast or ground vibration monitoring, or both,
as necessary to prevent property damage and protect public safety. Both IDNR and IAAP
members employ highly trained personnel to conduct air blast and ground vibration monitoring
required by State law.
Although aggregate blasting activities are highly regulated by IDNR, IAAP members must also
comply with other applicable noise regulations. For that reason, IAAP members that conduct
blasting activities have reviewed and wish to comment upon proposed new Part 910,
measurement procedures for enforcing the Board’s noise standards in Parts 900 and 901.
Buy The Goods And Services Of Our Associate Members
As outlined on page 4 of the “Proposal Overview” for this rulemaking, these “measurement
procedures are applicable to any person conducting noise measurements to demonstrate
compliance with Parts 900 and 901.” Although the procedures in proposed new Part 910 “are
essentially based upon the Agency’s IEPA noise measurement protocols at
35
Ill. Code 951
the Board has made a number ofsubstantive changes to the Agency’s measurement protocols.”
Two ofthese changes are ofconcernto the aggregates industry.
First, new Part 910 does not require that non-agency personnel who conduct sound
measurements be trained and experienced in sound measurement techniques and equipment.
Section 951.101, rules containing the qualifications for JEPA personnel who conduct sound
measurements, provides:
Agency personnel conducting sound measurements shall have been trained and
experienced in the current techniques and principles of sound measurement and in
the selection and operation ofsound measuring instrumentation.
Although no State approved licensing or certification process exists for personnel who conduct
sound measurements, Part 910 should incorporate the requirements of Section 95 1.101. Given
that data gathered by non-agency personnel may serve as grounds for a nuisance noise action
brought to the Board, such personnel should possess a basic level of training and experience.
Absent some basic level of training and experience, sound measurements gathered by such
individuals is ofquestionable validity and should not be considered by the Board.
Therefore, the IAAP submits that Part
910 be
amended by adding new Section 910.101 stating:
Personnel who conduct sound measurements in order to show compliance with
the Board’s noise standards in Part 900 and 901 must be trained and experienced
in the current techniques and principles of sound measurement and in the
selection and operation ofsound measuring instrumentation.
Second, new Section 910.104, Measurement Techniques for 35 III. Adm. Code 900, states that
while sound pressure level measurements are not required to establish a violation ofthe Board’s
nuisance noise standard under
35
Ill. Adm. Code 900.102, these measurements may be used as
corroborating evidence. Although Section 910.104 goes on to require that a person conducting
sound pressure measurements comply with the instructions of the sound pressure measurement
equipment manufacturer, the sound measurement techniques in Section 910.105 are considered
only as a guidance for gathering such data. As stated on page
5
ofthe “Proposal Overview” for
this rulemaking, “the proposed approach deviates from the detailed sound measurement
requirements specified in Part
951”,
rules that govern the IEPA’s enforcement activities for
nuisance noise.
Proposed Section 910.104 compounds the problems created by the lack of a training and
experience requirement for non-agency personnel who conduct sound measurements. Sound
pressure measurements taken by persons with no training/experience are inherently unreliable.
Of even less value are measurements taken by personnel who do not have to comply with either
Section 910.105 or Section 951.104 (the sound measurement techniques used by the IEPA to
establish a nuisance noise violation).
Therefore, the IAAP submits that Section 910.104 b amended to stated as follows:
Sound pressure level measurements are not required to establish a violation of35
Ill. Adm. Code 900.102 (nuisance noise). However, sound pressure level
measurements may be introduced as corroborating evidence when alleging a
violation of
35
III. Adm. Code 900.102. Ifsound pressure level measurements are
collected, manufacturer’s instructions must be followed for the equipment used
and
35
Ill. Adm. Code 910.105 may be used as guidance in gathering data.
I~
addition, sound measurements used to establish a violation of
35
Ill. Adm. Code
900.102 must be obtained in accordance with either:
a)
35
Ill. Adm. Code 910.105; or
b)
35
Ill.
,
Adm. Code 951.104.
Pursuant to Section 5-40 of the Administrative Procedure Act
(5
ILCS 100/5-40), the IAAP
hereby requests a public hearing for the above-captioned rulemaking. Given that the Board has
received no comments from the affected public or industry, held no economic impact hearings
and received no economic impact study or information, the record supporting the rule changes,
as currently proposed, is inadequate. On this basis, coupled with the concerns outlined above, a
public hearing is warranted forthe above-captioned rulemaking.
ofAggregate Producers
JCH/gls