ILLINOIS POLLUTION CONTROL BOARD
    December 13,
    1973
    )
    )
    IN
    TIlE MATTER OF THE MOTION FOR STAY
    )
    R72-2
    OF SHELL OIL COMPANY
    )
    )
    )
    ORDER OF THE BOARD
    (by Mr. Dumelie):
    Shell Oil Company, on September 26,
    1973,
    filed
    a Motion
    to Stay the effective
    date of the Pollution Control Board’s
    Noise Pollution Control Re~ulation~,R72-2, alleging that Shell
    was a party in two proceedings pending before the Illinois
    Appellate Court in the First
    and Fifth Districts
    to determine
    the validity of the Noise Regulations.
    An Affidavit in Support
    of Motion for Stay,
    from
    E.A.
    Baliman, Manager of Shell OIl
    Company’s Wood River
    Refinery, accompanied the Motion for Stay.
    The Environmental Protection Agency filed a Motion
    to Strike
    the Affidavit,
    on October 10,
    1973,
    alleging that the Affidavit
    consisted of unfounded, conclusory hearsay and otherwise
    inadmissible statements.
    On October 25,
    1973,
    the Agency filed
    a Memorandum and Response in Opposition to Petitioner’s Motion
    to Stay.
    The Board heard oral argument on the Motion for Stay
    on November 15,
    1973.
    Following the oral argument,
    the Board
    suggested that the parties meet and confer upon an agreed
    proposed Board order.
    Shell filed
    a Proposed Order to Grant
    the Stay on November 28,
    1973.
    The Agency filed
    a Supplemental
    Response in Opposition to Granting the Stay and their Proposed Order
    to Deny the Granting of the Stay on December 12,
    1973.
    After
    a
    care:Fui review of the Noise Regulations
    as adopted,
    the Opinion
    of the Board which accompanied the Noise Regulations on July 31,
    1973,
    material submitted by Shell Oil Company and the Environmental
    Protection Agency, and the oral argument presented before the
    Board, the Board decided to deny Shell Oil Company’s Motion
    to Stay
    the effective date of the Noise Pollution Control Regulations
    on December
    13,
    1973.
    The majority of Shell Oil Company’s reasons for the grant
    of this Stay were considered at the time the Board adopted the
    Noise
    Regulations,
    The Board lacks
    any authority
    to compel

    -2-
    Shell Oil Company to actively proceed with its appeal of the noise
    regulations.
    Shell Oil Company could well delay the appeal process
    while
    it did nothing to reduce the amount of noise emanating from
    the Wood River Refinery.
    Such action could extend the length of
    time that people would be exposed to excessive noise from the
    Wood River Refinery.
    Shell Oil Company alleges that it would be forced to expend
    a substantial portion of their alleged $17 million dollars of
    compliance costs while appealing
    the regulation.
    However, the
    alleged $17 million dollars is not completely relevant as only
    money for preliminary design work would be spent immediately.
    Shell’s
    compliance cost was considered in adopting the regulations as
    Shell presented extensive testimony at hearings held prior to
    the adoption of R72-2.
    Based upon Shell’s comments, Rule 208
    Ce)
    was adopted which exempted existing industries from residential
    nighttime limits (R72-2, Opinion, pp.
    5,
    24, 34, and 44).
    “By
    adding this exception, the economic impact of regulation is lessened
    by an amount equivalent to a 10 dB reduction in noise requirements”
    (R72-2, Opinion p.
    31).
    Shell has alleged that approximately
    5 to 6 years would be
    needed before Shell would be in compliance with the regulation.
    This argument was considered in the adoption of the original
    noise regulations and Rule 209
    (1) was added to provide
    refineries with a two year compliance date
    (R72-2, Opinion pp.
    7,
    8,
    24,
    34, and 44).
    The Board has recognized that Shell Oil
    Company is
    in a unique situation;
    “...in that not only
    is it a very large refinery,
    but abuts the residential community of South Roxana,
    allowing only the width of the street for noise
    attenuation.
    Rather than basing a regulation on
    this unique situation,
    this could be handled in a
    variance proceeding.
    The rule that exempts existing
    noise sources from the nighttime limits also serves
    to reduce Shell’s problems in complying with the
    regulation.
    Additionally, an extended two-year
    compliance date has been provided for oil refineries.”
    (R72-2, Opinion p.
    24).
    Shell Oil Company has alleged a substantial loss in product
    production from the Wood River Refinery at the time of a national
    energy shortage
    (Paragraph
    S of the Affidavit in Support of the
    Motion for Stay by E.A.
    Ballman).
    Shell has not convinced the
    Board that modification of existing equipment and/or installation
    of new noise abatement equipment could not proceed during the
    normal
    downtime
    for
    inspection
    and
    maintenance.
    10—380

    -3-
    While
    Shell Oil Company has alleged compliance
    cost
    of
    $17 million dollars over a
    5
    to
    6 year period,
    the Environmental
    Protection Agency alleged that Shell
    Oil Company for
    a:
    “few
    hundred thousand dollars.. .should be
    able
    to
    comply with
    the proposed limits within the compliance
    schedule in Rule
    209, because of the
    great amount of
    preliminary sound pressure level data already measured
    by Shell Oil Company and the availability of commercially
    produced noise
    abatement systems”
    (R72-2, Agency Exhibit
    128,
    Part
    4,
    Section
    4 Conclusions).
    Shell Oil Company has failed to convince the Board that
    a Stay in the effective date
    of the Noise Regulations
    is warranted.
    Therefore,
    the Board denies Shell Oil Company’s Motion for Stay.
    IT IS SO
    ORDEREI).
    Mr. Henss and Mr. Seaman dissent.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board, hereby certify the above Order was adopted on the /.3~
    day of December,
    1973 by
    a vote of
    3—~
    Christan L. Moffet~lerk
    Illinois Pollution ~kfitro1Board
    10—
    381

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