-19-

August

3,

1973

ILLINOIS POLLUTION CONTROL

BOARD

RULES

AND

REGULATIONS

CHAPTER 8~

NOISE REGULATIONS

Table of Contents

PART

I:

GENERAL PROVISIONS

Rule

101:

Definitions

Page

1

Rule

102:

Prohibition of Noise Pollution

Page

3

Rule 103:

Measurement Techniques

Page

3

Rule

104:

Burden of Persuasion Regarding

Exceptions

Page

3

Rule

105:

Severability

Page

3

PART II:

SOUND EMISSION STANDARDS AND LIMITATIONS

FOR PROPERTY~-LINE-NOiSE-SOURCES

Rule 201:

Classification of Land According

to Use. .Page

4

Rule 202:

Sound Emitted To Class A Land

During Daytime Hours

Page

4

Rule

203:

Sound Emitted

To Class A Land

During Nighttime

Hours

Page

5

Rule

204:

Sound Emitted To Class

B Land

Page

5

Rule 205:

Sound Emitted To Class

C Land

Page

6

Rule

206:

Impulsive

Sound.

Page

7

Rule

207:

Prominent Discrete

Tones

Page

7

Rule

208:

Exceptions

Page

7

Rule

209:

Compliance Dates For Part

2.

Page

8

The following

Noise

Regulations were

adopted on

the

July

26

meeting,

The

Standard

Land

Coding

System

(SLUCM)

which

is

appended

to

the

Regulation

was

published

in

Newsletter

i~68and

is

not

included

herewith.

8

—

653

---

-20-

August 3, 1973

ILLINOIS POLLUTION CONTROL BOARD

RULES AND REGULATIONS

CHAPTER

8;

NOISE REGULATIONS

PART

1

--

GENERAL PROVISIONS

Rule

101:

DEFINITIONS

EXCEPT AS HEREINAFTER STATED AND UNLESS

A DIFFERENT MEANING OF

A TERM IS CLEAR FROM

ITS CONTEXT,

THE DEFINITIONS

OF TERMS USED

IN

THIS

CHAPTER

SHALL

BE

THE SAME AS THOSE USED

IN THE ENVIRONMENTAL

PROTECTION

ACT.

ALL

DEFINITIONS

OF

ACOUSTICAL

TERMINOLOGY

SHALL

BE

IN

CONFORMANCE

WITH THOSE

CONTAINED

IN

ANSI

S1.1

—

1960

“ACOUSTICAL

TERMINOLOGY.”

(a)

ANSI:

American National Standards Institute or

its

successor bodies.

(b)

Construction:

On—site erection,

fabrication,

installation,

alteration,

demolition or removal of any structure,

facil-

ity,

or addition thereto,

including all

related activities,

including,

but not

restricted. to,

clearing of land,

earth-

moving,

blasting and landscaping.

(c)

Daytime_hours:

7:00

a.m.

to 10:00 p.m.,

local time.

(d)

UE(A):

Sound level

in decibels determined by

the A—

weighting

of

a

sound

level

meter.

Ic)

Decibel

(dJ3)

:

A

unit

of measure,

on

a logarithmic scale

to the base

10,

of

the

ratio of

the magnitude of

a particular

sound. pressure

to

a

standard reference

pressure, which,

for

purposes

of this Chapter,

shall be

20 micronewtons

per square

meter

(~N/m2)

-

(f)

Existinq uroperty—line-noise—source:

Any property—line—

i~Tse-source, the construction

or establishment

of which

commenced prior

to

the effective date of this Chapter. For

the purposes

of

this

sub-section,

any property—line—noise-

source

whose

A,

B or

C land

use classification changes,

on

or after the effective date of

this Chapter,

shall not be

considered

an existing property—line-noise-source.

(g)

Impulsive

sound:

Either

a single pressure peak or

a single

~~in~Tti~ie

pressure peaks)

for

a duration less than

one second.

(h)

~~roperty~lin~e-noise-source:

Any property—line—noise—

source,

the establishment

of which commenced on

or after

the effective date of this ~Chapter.

(i)

Nighttime

hours:

lO:D0 p.m.

to 7:00 a.m., local

time.

(j)

Noise

pollution:

The

emission

of

sound

that

unreasonably

interferes

with

the

enjoyment

of

life

or

with

any

lawful

business

or activity.

(k)

Octave hand sound

pressure level:

The sound pressure level

~

within

the

specified

octave

band.

The reference pressure

is

20 micronewtons per

square meter.

8—654

---

-21-

August

3,

1973

(1)

Person:

Any

individual, corporation, partnership,

firm, association,

trust, estate, public or private

institution, group, agency, political subdivision of

this State, any other State or political subdivision or

agency thereof or any legal successor,

representative,

agent or agency of the foregoing.

(m)

Preferred frequencies:

Those frequencies

in Hertz pre-

ferred for acoustical measurements which, for the purposes

of this Chapter, consist of the following set of values:2O,25,

31.5,

40,

50,

63,

80, 100, 125,

160,

200,

250,

315,

400,

500,

630,

800,

1000,

1250,

1600,

2000,

2500,

3150,

4000,

5000, 6300,

8000,

10,000,. 12,500.

(n)

Prominent discrete tone:

Sound,havinga one-third octave

band sound

pressure le~l which, when measured in

a

one—third octave band

at

the preferred frequencies, ex-

ceeds

the

arithmetic average of

the sound pressure levels

of the two adjacent one-third octave bands on either side

of

such one-third octave band by:

(a)

5 dB for such one-third octave band with

a center fre-

quency from 500 Hertz to 10,000 Hertz, inclusive.

Pro-

vided:

such one—third octave band sound pressure level

exceeds the sound pressure level of each adjacent one—third

octave band,

or;

(b)

8 dB

for such one-third octave band with

a center

fre-

quency

from 160 Hertz

to 400 Hertz,

inclusive.

Provided:

such one—third octave

band. sound. pressure

level exceeds the

sound pressure level of each adjacent one—third octave band,or;

Ic)

15 dB

for such one—third octave band

with

a center fre-

quency from 25 Hertz to 125 Hertz,

inclusive.

Provided:

such one—third octave band sound pressure level exceeds the

sound pressure level of each adjacent one-third octave

band.

(0)

Property-line-noise-source:

Any

equipment or facility, or

combination thereof,

which

operates within any land used as

specified by Rule 201 of this Chapter.

Such equipment or

facility,

or combination thereof, must be capable of emitting

sound beyond the property line of the land on which operated.

(p)

SLUCM:

The Standard Land Use Coding Manual

(1969,

United

States Government Printing Office) which designates

land

activities by means of numerical codes.

(q)

Sound:

An oscillation in pressure in air.

(r)

Sound level:

In decibels,

a weighted

sound pressure level,

ddtermined by

the

use of metering characteristics

and fre-

quency weightings specified

in ANSI Sl.4

-

1971 “Specifica-

tion for Sound Level Meters.”

Cs)

Sound pressure

level:

In decibels,

20 times the logarithm to

the base 10 of the ratio of the magnitude of a particular

sound pressure to the standard reference pressure.

The

standard reference pressure

is

20 micronewtons per square

meter.

—2—

8

—

655

---

-21-

August

3,

1973

(1.)

Person:

Any individual, corporation, partnership,

firm,

association, trust, estate, public or private

institution, group, agency, political subdivision of

this State,

any other State or political subdivision or

agency thereof or any legal successor,

representative,

agent or agency of the foregoing.

(in)

Preferred frequencies:

Those frequencies

in Hertz pre-

ferred for acoustical measurements which,

for the purposes

of this Chapter, consist of the following set of values:20,25,

31.5,

40,

50,

63, 80,

100,

125,

160,

200,

250,

315,

400,

500,

630,

800,

1000,

1250,

1600,

2000,

2500,

3150,

4000,

5000,

6300,

8000, l0,OD0,~12,500.

(n)

Prominent discrete tone:

Sound,having

a one—third octave

band sound pressure level which, when measured in a

one—third octave

band at the preferred frequencies, ex-

ceeds

the

arithmetic

average

of

the

sound

pressure levels

of the two adjacent one-third octave bands on either side

of such one-third octave band by:

(a)

5 dE for such one—third octave band with

a center fre-

quency

from

500 Hertz

to 10,000 Hertz, inclusive.

Pro-

vided:

such one—third octave band sound pressure level

exceeds the sound pressure level of each adjacent one-third

octave band,

or;

(b)

8 dB for such one—third octave band with a center fre-

quency from 160 Hertz to 400 Hertz, inclusive.

Provided:

such one-third octave band sound pressure level exceeds

the

sound pressure level of each adjacent one-third octave band,or;

(c)

15 dE for

such

one-third octave band with a center fre-

quency from 25

Hertz

to

125 Hertz, inclusive.

Provided:

such one—third octave band sound pressure level exceeds

the

sound pressure level of each adjacent one-third octave

band.

(o)

Property-line-noise-source:

Any

equipment or facility, or

combination thereof, which

operates within any

land used

as

specified by Rule 201 of this Chapter.

Such equipment or

facility, or combination thereof, must be capable of emitting

sound.

beyond the property line of the land on which operated.

(p)

SLUCM:

The Standard Land Use Coding Manual

(1969, United

States Government Printing Office)

which designates

land

activities by means of numerical codes.

(q)

Sound:

An

oscillation

in pressure in air.

(r)

~5dnd level:

In

decibels,

a weighted sound pressure level,

determined by the use of metering characteristics and fre-

quency weightings specified in ANSI Sl.4

—

1971 “Specifica-

tion for Sound Level Meters.”

(s)

Sound pressure level:

In decibels,

20 times

the logarithm to

the base

10

of

the

ratio

of the magnitude of

a particular

sound pressure to

the

standard reference pressure.

The

standard reference pressure is

20 micronewtons

per square

meter.

—2—

~356

---

-22-

August

3,

1973

It)

Unregulated

safety relief valve:

A safety relief valve

used and designed to be actuated by high pressure in the

pipe or vessel to

which

it

is connected and which is used

and designed. to prevent explosion or other hazardous

reaction from pressure buildup, rather than being used and

designed as

a process pressure blowdown.

Rule 102:

PROHIBITION OF NOISE POLLUTION.

No person shall cause or allow the emission of

sound

beyond the

boundaries

of his property so as to cause noise pollution in Illinois,

or so

as to violate any provision

of

this Chapter or the Illinois

Environmental Protection Act.

Rule

103:

MEASUREMENT TECHNIQUES

Test procedures to determine whether emission of sound is in

conformance with this Chapter shall be in substantial conformity

with Standards and Recommended Practices established

by the American

National Standards Institute,

Inc.

(ANSI)

and the Society of Automotive

Engineers,

Inc.

(SAE)

,

and

the latest revisions

thereof,

including

ANSI Sl.l—l960, ANSI Sl.6—l967,

ANSI S1.8—1969,

ANSI

S1.2—l962,

ANSI

Sl.4—1971

—

Type

1 Precision, ANSI S1.11—1966,

ANSI

Sl.l3—l971 Field

Method,

SAL ~J—l84.

The Agency may adopt procedures which set forth criteria for

the

measurement

of sound.

Such

procedures

shall be revised from time

to

time

to

reflect

current

engineering

judgment

and

advances

in

noise

measurement techniques.

Such procedures, and the revisions thereto,

shall not become effective until filed with the Index Division of the

Office of the Secretary of State as required by “An Act concerning

administrative rules,” approved June 14,

1951,

as

amended.

Rule 104:

BURDEN OF PERSUASION REGARDING EXCEPTIONS

In any proceeding pursuant to this Chapter,

if an exception

stated. in this Chapter would limit an obligation, limit a liability,

or eliminate either an obligation or

a liability,

the person who

would benefit from the application of the exception shall have the

burden of persuasion that the exception applies and that the terms

of

the

exception have been met.

The Agency shall cooperate with

and

assist

persons

in

determining

the application of the provisions

of this Chapter.

Rule

105:

SEVERABILITY

If

any

provision

of

these

rules

or

regulations

is

adjudged

invalid,

or

if the application thereof to

any person

or in any circumstance

is

adjudged invalid, such

invalidity shall not

affect

the validity of this

Chapter as

a whole or of any part,

sub-part, sentence or clause thereof

not adjudged invalid.

—3.-

8—657

---

-23-

August

3,

1973

PART 2

-

SOUND EMISSION STANDARDS

AND

LIMITATIONS

FOR PROPERTY-LINE-NOISE-SOURCES

ALL

TERMS

DEFINED

IN

PART

1

OF

THIS

CHAPTER

WHICH

APPEAR

IN

PART

2 OF

THIS

CHAPTER

HAVE

THE

SAME

DEFINITIONS SPECIFIED BY RULE

101 OF PART

I OF THIS

CHAPTER.

Rule 201:

CLASSIFICATION OF LAND ACCORDING

TO USE

(a)

Class A Land

Class A land shall include all land used as specified

by SLUCM Codes 110 through 190 inclusive,

651,

674, 681

through 683 inclusive,

691,

711, 762,7121,

7122,

7123

and

921.

(b)

Class

B Land

Class

B land shall include

all land used as specified by

SLUCM Codes

397,

471 through 479 inclusive,

511 through

599 inclusive,

611 through 649 inclusive,

652 through 673

inclusive,

675,

692,

699,

7124,

7129,

719,

721,

722 except

7223 used for automobile

and. motorcycle racing,

723 through

761 inclusive except 7311 used for automobile and motorcycle

racing,

769

through

790

inclusive,

and

922.

(c)

Class

C Land

Class

C land shall include all land used as specified by

SLUCM

Codes

211

through

299

inclusive,

311

through

396

inclusive,

399,

411 except 4111,

412 except 4121,

421,

422,

429,

441,

449,

460,

481 through 499

inclusive,

7223

and 7311 used for

automobile

and

motorcycle

racing,

and

811

through

890

inclusive.

(d)

A

parcel

or

tract

of

land

used

as

specified

by

SLUCM

Code

81,

83,

91

or

922,

when

adjacent

to

Class

B

or

C

land

may

be

classified

similarly

by

action

of

a municipal government

having

zoning

jurisdiction

over

such

land.

Notwithstanding

any subsequent changes

in actual land use,

land so classified

shall

retain

such

B

or

C

classification

until

the

municipal

government removes

the classification adopted by it.

Rule

202:

SOUND

EMITTED

TO

CLASS

A

LAND

DURING

DAYTIME

HOURS

Except as

elsewhere

in

this

Part

2

provided,

no

person

shall

cause

or allow the emission of sound during

daytime

hours from any property-

line-noise—source

located

on

any

Class

A,

B

or

C

land

to

any

receivin1g

Class A

land

which

exceeds any allowable

octave

band

sound

pressure

level

specified

in Table

1, when measured at

any point within such receiving

Class A land,

provided, however, that

no measurement

of

sound pressure

levels shall be

made

less

than

25

feet

from

such

property-line-noise-

source

-

—4—

8

—

658

---

-24-

August

3,

1973

TABLE

1

Octave

Band

Allowable

Octave

Band

Sound

Pressure

Levels

(dE)

Center

Frequency

of

Sound

Emitted

to

any

Receiving

Class

A

Land

frc~

(Hertz)

Class

C

Land

Class

B

Land

Class

A

La~

31.5

75

72

72

63

74

71

71

125

69

65

65

250

64

57

57

500

58

51

1000

52

45

45

2000

47

39

39

4000

43

34

34

8000

40

32

32

Rule 203:

SOUND EMITTED TO CLASS

A LAND DURING NIGHTTIME HOURS

Except

as

elsewhere

in this Part

2 provided,

no person shall cause

or allow the emission

of

sound

during

nighttime

hours

from

any

property—

line—noise—source located on any Class

A,

13 or

C land to

any. receiving

Class A land which exceedsany allowable octave band sound pressure level

specified

in Table

2, when measured

at any point within such receiving

Class

A

land,

provided

however,

that

no

measurement

of

sound.

pressure

levels shall be made less than

25

feet

from

such property-line-noise—

source.

TABLE

2

Octave Band

Allowable Octave Band Sound Pressure Levels

(dB)

Center

Frequency

of

Sound

Emitted

to

any

Receiving

Class

A

Land

frc

(Hertz)

Class C Land

Class

B Land

Class A Land

31.5

69

63

63

63

67

61

61

125

62

55

55

250

54

47

47

500

47

40

40

1000

41

35

35

2000

36

30

30

4000

32

25

25

8000

32

25

25

Rule

204:

SOUND

EMITTED TO CLASS

B LAND

Except

as

elsewhere

in this

Part

2

provided,

no

person

shall

cause

or allow the emission

of sound.

from any property-line-noise-source

located on

any Class

A,

B or C land to any

receiving

Class B land

which

exceeds

any

allowa):)ie octave hand sound

pressure

level

speci-

fied

in

Tab.e

3,

when

measured

at

any

point

within

such

receiving

Class

B

land,

provick~i,

however,

that:

no

measurement

of

sound

pressure

levels

shall

be

ma$e

ices

than

2

feet.

from

such

property—line—noise—source.

8

—

659

---

August

3,

1973

TABLE

3

Octave Band

Allowable Octave Band Sound Pressure Levels(dB)

Center Freqd.ency

of

Sound Emitted

to any Receiving Class B

Land. f:~-

(Hertz)

Class C Land

Class

B Land

Class

A

La~

31.5

80

79

72

63

79

78

71

125

74

72

65

250

69

64

57

500

63

58

51

1000

57

52

45

2000

52

46

39

4000

48

41

34

8000

45

39

32

Rule 205:

SOUNE.

EMITTED

TO CLASS

C

LAND

Except

as elsewhere

in this Part

2 provided,

no person shall cause

or allow

the emission

of sound from any

property—line—noise—source lo-

cated on any Class

A, B or C land to

any receiving Class

C land

which

exceeds

any allowable octave band sound pressure

level specified in

Table

4,

when measured

at any point within such receiving

Class

C land,

provided

however,

that

no measurement

of

sound

pressure

levels

shall

be made less than

25

feet

from such property-line-noise-source.

TABLE

4

Octave

Band

Allowable

Octave

Band

Sound

Pressure

Lcvels(dB)

Center Frequency

of Sound Emitted to any Receiving Class C Land

frori

(hertz)

Class C Land.

Class B

Land

and Class A Land

31.5

88

79

63

83

78

125

78

72

250

73

64

500

67

58

1000

60

52

2000

54

46

4000

50

41

8000

4.7

39

—6—

8— 660

---

-26-

August

3, 1973

Rule 206:

IMPULSIVE SOUND

No person shall cause or allow

the emission of impulsive

sound from any property—line—noise—source located

on any

Class

A,

B or C land to

any receiving Class

A,

B

or C land which exceeds

the

allowable dB(A)

sound level specified in

Table

5,

when measured

at any point within such receiving Class

A,

B or C land,

provided

however,

that

no

measurement

of

sound

levels

shall

be made less

than

25 feet from the property-line-noise-source.

TABLE 5

AllowabledB(A)

Sound Levels of Impulsive

Classification of

Sound Emitted

to Designated Classes of Re—

Land

on

which Property-Line-

ceiving Land

Noise-Source

is Located

Class

C Land

C1asE~B Land

Class A Land

Daytime Nighttir.

Class A Land

57

50

50

45

Class

B Land

57

57

50

45

Class C Land

65

61

56

46

Rule 207:

PROMINENT DISCRETE TONES

(a)

No person shall cause or allow the emission of any

prominent discrete tone

from

any property-line-noise--

source

located

on

any

Class

A,

B

or

C

land.

to

any

receiving

Class

A,

B

or

C

land,

provided

however,

that

no measurement of one—third octave band sound pressure

levels

shall be made less than

25

feet

from such property—

line—noise—source.

(h)

This rule shall not apply to prominent discrete tones

having

a one-third octave band

sound

pressure

level

10

or more

dB below the allowable octave band sound

pressure

level specified in the applicable table in Rules 202

through

205 for the octave band which contains such

one-third

octave

band.

In

the

application

of this sub-

section,

the applicable

table for sound emitted from any

existing property line noise source to receiving Class A

land,

for

both

daytime

and

nighttime

operations

shall

be

Table

I (Rule

202)

Rule

208:

EXCEPTIONS

(a)

Rules

202

through

207 inclusive shall not apply to sound

emitted from land used

as specified by SLUCM Codes

110,

140,

190,

691,

7311 except

as used

for automobile and motor~

cycle

racing,

and

742

except

7424

and

7425,

(b)

RUles

202 through 20~inclusive

shall not apply

to sound

emitted from emergency warning devices

and

unregulated

safety rei~ef valves,

8

—

661

---

-27-

August 3,

1973

(c)

Rules 202 through 207 inclusive shall not apply to sound

emitted from lawn care maintenance equipment and agricul-

tural field machinery used during daytime hours.

For the

purposes of this sub—section,

grain dryers operated off

the farm shall not be considered agricultural

field

machinery.

(d)

Rules

202 through 207 inclusive shall not apply to sound

emitted from equipment being used for construction.

(e)

Rule 203 shall not apply to sound emitted from existing

property-line-noise—sources during nighttime hours, pro-

vided, however, that sound~emitted ~frQmsuch existing

property-line-noise-sourdes shall be gov~rnedduring

nighttime hours by the limits specified in Rule 202.

Rule 209:

COMPLIANCE DATES FOR PART

2

(a)

Except as provided in Rules

209 (f),

209(g),

209

(1)

and

209

(j)

every owner or operator of

a new property-line-noise—

source shall comply with the standards and limitations of

Part 2 of this Chapter on and after the effective

date.

of this

Chapter.

(b)

Except as otherwise provided in this RuLe 209,

every owner

or operator of an existing property-line—noise-source

shall ~complywith the standards and limitations of Part

2

of this Chapter on and after twelve months from the effec-

tive date of this Chapter.

(c)

Every owner or operator of an existing property-line-noise-

source who emits sound which exceeds any allowable octave

hand

sound pressure level of Rules

202,

203,

204 or 205 ~y 10 dB

or more in any octave band

with

a center frequency of 31.5

Hertz,

63 H~rtzor 125 Hertz shall comply with the standards

and limitations of Part

2 of this Chapter on and after eight-

een months from

the

effective date of this Chapter.

(d)

Except as provided in Rules 209(f),

209(g)

and 209(h),

every owner or operator of an existing property-line—noise—

source required. to comply

with

Rule

206 of this Chapter

shall comply with the standards and limitations of Part

2

of this Chapter on and after eighteen months from

the

effective date of this Chapter.

(e)

Every owner or operator of

an existing property-line-noise-

source required to comply with Rule 207 of this Chapter

shall comply with the standards and limitations of Part

2

of thi~Chapter on and after eighteen months from the

effective date of this Chapter.

(f)

Every owner or operator of Class

C

land now or hereafter used

as specified bySLUCII Codes 852 and 854 shall have three

years from

the

effective date of this Chapter to bring

the sound from necessary explosive blasting activities

~n compliance with Rule 206, provided

that

such blasting

—8—

8—662

---

-28-

August

3,

1973

activities are conducted between 8:00

a.rn.

and 5:00 p.m.

local

time, at specified hours previously announced to

the local public.

(g)

Every owner or operator of Class C land now and hereafter

used as specified

by

SLUCM

Code

4112 shall have three years

from

the effective

date

of this Chapter

to bring the sound

from railroad car coupling in compliance with Rule 206.

(h)

Every owner or operator of Class C land on which forging

operations are now conducted shall have three years from

the effective date of this Chapter to bring sound from

the impact

of

forging hammers into full compliance

with

the limits specified in Rule 206 for emissions to any

receiving land.

(i)

Every owner or operator of Class C land now and hereafter

used as specified by

SLUCM Code

291 shall

comply with

the

standards and limitations of Part

2 of this Chapter on

and after two years from

the

effective date of this Chapter.

(j)

Every owner or operator of Class C land

now and hereafter

used as specified by SLUOM Code 7223

and 7311 when used for

auto-

mobile and motorcycle racing shall comply with

th~

standards

and limitations of Part

2 of

this Chapter on and after two

years from the effective date of this Chapter.

—9—

8— 663

---

ILLINOIS POLLUTION CONTROL BOARD

July

31, 1973

IN THE MATTER OF

)

NOISE POLLUTION CONTROL

)

j~R72-2

REGULATIONS

OPINION OF THE BOARD

(BY SAMUEL T.

LAWTON,

JR. and JACOB D. DUMELLE):

This opinion supports the noise pollution control regulations

adopted by the Board on July 26,

1973*.

The provisions

of the Environmental Protection Act with respect

to limitations on noise are somewhat meager and contain no provi-

sions which are susceptible to execution without the promulgation of

regulations by the Pollution Control Board;as distinguished from

statutory provisions with respect to air pollution and water

pollution.

There are no inherent prohibitions which proscribe

noise pollution or impose any limitations on persons as to what

they shall not do in the emission of noise.

Section 23 provides:

“The General Assembly finds that excessive noise

endangers physical and emotional health and well-being,

interferes with legitimate business and recreational

activities, increases construction costs, depresses

property values, offends the senses, creates public

nuisances, an~in other respects reduces the quality

of our environment.”

Section 24 provides:

“No

person

shall

emit

beyond

the

boundaries

of

his property any noise that unreasonably interferes

with

the enjoymerft of life or with any lawful business

or activity, so as to violate any regulation or standard

adqpted by the Board under this Act.’

(Emphasis supplied).

Section 25 provides:

“The Board, pursuant to the procedures prescribed

in Title VII of this Act, may adopt regulations prescrib-

ing limitations on noise emissions beyond the boundaries

of the property of any person, and prescribing requirements

and standards for equipment and procedures for monitoring

noise and the collection, reporting and retention of data

resulting from such monitoring.”

*The Board acknowledges the valuable assistance rendered in this

proceeding by Edward H.

Hohman, Engineering Assistant to the Board.

8

—

703

---

Accordingly,

it will be seen from the foregoing statutory

provisions that there is no capability of control of noise emissions

by

virtue

of

the

Statute

alone.

Furthermore,

contrasted with earlier

regulations available for the control of air and water pollution,

there

are no pre—existing regulations that have been promulgated by prede-

cessor agencies of the Pollution Control Board.

The

foregoing

statutory

provisions

can

be

implemented

only

by

the

adoption

of

new

regulations

respecting

noise

emissions.

Therefore

the

Board

adopted

this

comprehensive

Regulation

on

July

26,

1973.

Perhaps the most appropriate point of departure in considering

the

history

and

sequence

of

events

leading

up

to

the

final

adoption

of the Noise Regulation

is the petition filed by

Community Action

Program

(CAP)

proposing

adoption

of

airport

noise

regulations.

This

proposal

was

filed

by

the

citizens’

group

pursuant

to

Section

28

of

the

Environmental

Protection

Act.

The

Board

concluded

initially

that

the

proposal

had

sufficient

merit

to

justify

hearing

and

hearings

were

held

on

February

11,

1971

and

February

12,

1971.

At

the

conclu-

sion of the hearings,

the Board, although not taking official action On

the specific proposal,

proposed that the entire subject of noise,

not

only

limited

to

airport

noise,

be

studied

by

the

Institute

for

Environmental

Quality.

Hearings

were

suspended

on

the

subject

of

noise

pollution

control

pending

receipt

from

the

Institute

of

its

report and recommendation.

Shortly thereafter, a noise pollution con-

trol Task Force was formed under the aegis

of the Institute.

This

Task Force was composed of the following members:

John J. Desmond

Associate Director, Engineering Experi-

ment Station, Chairman

Harlow W. Ades

Professor of Electrical Engineering,

of

Physiology

and

Biophysics

and

of

~

Psychology

Duane

H. Cooper

Associate Professor of Electrical

Engineering

and

of

Physics;

Research

Associate

Professor

in

Coordinated

Science Laboratory

Roger

W.

Findley

Professor

of

Law

John S. Moore

Manager, Division of Noise Pollution

Control of

the

Illinois Environmental

Protection

Agency

John

J.

O’Neill

Professor

of

Speech,

Chairman

of

Speech

and

Hearing

Science

Sheldon

3.

Plager

Professor of

Law

Paul

D,

Schomer

Visiting Assistant Professor of

Electrical Engineering

Roger

R.

Yoerger

Professor

of Agricultural Engineering

Adam

R.

Zak

Professor

of Aeronautical

and

Astronautical

Engineering

Larry Blackwood

Research Associate,

Office

of Environmental

&

Planning

Studies,

College

of Law

All

of the foregoing individuals are

or were on

the

faculty

of the

Univer~otyof Illinois excepting John

S.

Moore.

---

Bolt,

Beranek

and

Newman,

Inc., originally consultant

to the Task

Force,

terminated

their

consultant

role

and

George

Kamperman,

a

noise

abatement

engineer

of

Kamperman

Associates,

Inc.

became

a

consultant

to

the

Task

Force.

On

February

16,

1972,

the

Institute

for

Environmental

Quality

submitted

its

document

#TF-2,

entitled

“Control

of

Noise

From

Stationary

Sources”,

being

the

report

of

the

Task

Force

created

by

the

Institute

for

Environmental

Quality.

This

report

contained

a

proposed

regulation

for

the

control

of

noise

from

stationary

sources which served as the basis for the hearings conducted and

the

regulations

ultimately

adopted.

Part

1

contained

a

definition

section,

prohibited

noise

pollution,

set

forth

procedures

for

measurement,

and

contained

a

non—degradation

provision

later

deleted.

Part

2 set up land use designations based on the Standard Land

Use Coding Manual,

U.S. Department

of Transportation,

1969

(SLUCM)

and classified all lands into Classes A,

B, and C, which corresponded

generally

to

residential,

business,

and

manufacturing

uses.

A

provision

was

also

included

for

non-developed

land.

Part

3 provided

for

maximum

noise

levels

emitted

to

abutting

Class

A,

B,

and

C

pro-

perties

based

on

the

classification,

in

turn,

of

the

emitter.

The initial proposed regulation measured the emissions at the property

line

of

the

emitter.

Separate

daytime

and

nighttime

limits

were

established

for

Class

A

receivers.

Special

provisions

were

contained

providing

for

limits

of

noise

emitted

to

non-abutting

property,

discrete

frequency

noise)and

certain

exemptions

limited

initially

only

to

signal

and

warning

devices

and

bells

and

chimes.

Following

the

text

of

the

regulation

was

the

Standard

Land

Use

Coding

Manual

classification

which

designated

the

multitude

of

uses into numerical categories which,

in turn, were incorporated

by

appropriate

numerical

specification

in

the

regulation

as

A,

B,

or C land uses.

Hearings

were

held

on

the

proposed

regulation

as

follows:

Date

Location

June

22,

1972

Chicago

June

23,

1972

Chicago

June

26,1972

Rockford

June

28,

1972

East

St.

Louis

June

30,

1972

Peoria

August

17,

1972

Chicago

August

18,

1972

Rock

Island

October

11,

1972

Chicago

November 9,

1972

Chicago

November

10,

1972

Edwardsville

November 11, 1972

Rockford

—3—

8—705

---

In

addition

to

the

presentations

made

by

the

Task

Force

witnesses

and

representatives

of

the

Environmental

Protection

Agency,

which

will

be

commented

on

in

more

detail

below,

testimony

was

received

from interested witnesses.

While this testimony often related to

matters

that

were

the

subject

of

the

proposed

regulation,

such

as

industrial

operations,

motor

race

tracks,

mining

operations,

motor

freight

terminals,

and

railroad

switching

facilities,

the

testimony also related in some degree to matters that were not

subject to control by the present proposed regulation,

namely,

railroad

whistles

from

moving

trains,

trucks,

and

aircraft

noise

emissions.

Testimony

was

also

received

from

utility

companies,

oil refineries, mining

operators,

manufacturing

concerns,

pipe-

line companies,

and representatives of the Illinois Manufacturers’

Association and the Illinois State Chamber of Commerce and others.

As

a result of the initial series of hearings conducted. on the

proposed regulation,

it became evident that

it would be necessary

to make several major modifications

in the regulations

as proposed.

Accordingly,

the Agency and the Task Force made several revisions

to

the regulations, based on the hearings conducted and submitted

them to the Board for consideration.

This revised proposal appeared

in

Newsletter

f62, which set forth both the new proposed regula-

tions

and

indicated

the

modifications

that

had

taken

place

since

the

original

February,

1972

proposal.

Incorporated

were

earlier

revisions

made

and

presented

by

the

Agency

and

Task

Force

in

the

course

of

the

hearing

process

in

response

to

the

evidence

offered

by

citizens

and

industry.

Since

this

opinion

will

detail

the

changes

made

between

the

original

pronosal

and

the

regulation

as

finally

adopted,

no

effort

will

be

made

to

specify

all

intermediate

changes, some of which were not retained,

The modified regulation

published in Newsletter ~62 on March 19, 1973 incorporated all

provisions

and modifications and reflected the status of the

regulation

as

it stood on that date,

As in previous revisions,

the proposed regulation included the SLUCII Code which was unchanged

in

its

application

to

the

specific

class

designations.

This

revision changed

the

structure

slightly from the original

proposal.

A

major

modification

related

to the

ooint

where

noise

measurements would be made.

The original

proposal had determined

noise

emissions

at the property

line of

the

emitter.

The new

proposed

regulation

determined

allowable emissions

at the point

of reception

and

at least

25

feet from the emitter.

There

were several other

significant

changes.

Among

these were

the

foilowinq:

—4—

2~706

---

1.

Rule 208(e)

exempted

existing

industry

from

the

residential

nighttime

limits

and

thus

allowed

a

10

decibel leeway for continuous noise sources which

would

meet

certain

other

qualifications.

2.

There

was

a

modification

of

the

standards

in

terms

of

safety

valves

as

noted

in

the

definitions

and

Rule

208.

3.

Prominent

discrete

tones

were

allowed

under

certain

specified

circumstances.

4.

The forging and mining industries and railroad mar-

shalling yards were given delayed compliance dates.

5.

Certain definitions were deleted, added or modified.

Subsequent

to the close of the hearings on November 11, 1972,

the

Board

received

a

substantial

amount

of

written

documentation

from the Agency and industry.

These exhibits were introduced into

the record at later hearings and were

made

available

for

examina-

tion

at the Board’s offices.

On

the

basis

of

the

proposal

of

the

Agency

and

Task

Force

re-

flecting

major

changes

that had been effected in the Regulation

and further, because

the

Board

at

that

time

did

not

feel

that

it

was

in

e

position

to

promulgate

a

proposed

final

draft,

an

additional

series

of

hearings

was

scheduled.

In

announcing

the

hearings,

the

Board solicited response with respect to the following issues posed

by

the proposed

regulations:

1.

What priority is followed when heterogeneous land uses

result simultaneously in different allowable noise

emission levels for a single source?

2.

What

changes,

if

any,

should

be

made

in

the

groupings

of

SLUCM

land

uses

into

the

Class

A,

Class

B

or

Class C categories?

3~ On what basis is compliance measured

for

industries

with a delayed. compliance date in the framework of

changing land

uses?

4.

Should a procedure be specified to pwovide equal pro-

tection

to

an industrial

area

from the sudden presence

of

a

residential

neighbor?

Should the

proposed

regulation

be

coordinated

with

local zoning?

---

5.

Is

a

non—degradation

rule

for

new

industry

based

on the L~ value for the area

appropriate

in

terms

both

of

industrial

planningand

protecting

the

people

of

Illinois?

6.

How

do

we

assure that the

industries

given

delayed

compliance dates will use the time to develop the

technology necessary for noise control?

Can the

time

required

to

develop

useful

technology

be

specified?

Hearings

were

again

conducted

throughout

the

State,

as

follows:

Date

Location

May 7,

1973

Edwardsville

May

8, 1973

Champaign

May

14,

1973

Rock

Island

May

15,

1973

Chicago

May

21, 1973

Rockford

All correspondence, exhibits

and

written

documentation

received

by the Board since the

close

of

the

hearings

were

incorpo~ted

in

the

record as composite Ex. 129 and 164,

At the new series of hearings,

essentially

the

same

type

of

witnesses,representing

the

same

inter-

ests as previously,

appeared and testified.

On June

15, 1973, after

the

conclusion

of

the

second

round

of

hearings,

the

Board

approved

for publication a proposed final draft which was published in News-

letter #68, dated June

22,

1973.

The

final

version

of

the

prozosed

regulation did not differ greatly

from

the

original

proposal

in

terms of the

numerical

limits

imposed

on

noise

emitters;

the

major

difference was in the applicability of the numerical limits to

various

noise

situations.

The

changes

between

the

original

proposal

received

from

the

Task

Force

and

the

proposed

final

draft

were

specified

in

the

Newsletter

and

are

summarized

below.

1.

Noise

measurements

are

made

on

the

receivers’

property

but

not

closer

than

25

feet

to

the

property—line-noise-

source,instead

of

at

or

beyond

the

emitters

property

line

as originally proposed.

2.

Existing

property-line—noise-sources

are

exempted

from

the

nighttime

limits

of

Rule

203.

—6—

8

—

708

---

3.

Undeveloped

land is not classified

and

thus

not

subject

to the numerical

limits.

4.

The

non-degradation

rule

is

deleted.

5,

Farmlands

are

reclassified

as

Class

C

use

instead

of

Class

B

use.

6.

A

rule

regulating

impulsive

sound

is included.

7.

The

rule

governing

nonabutting

property

is

deleted.

8..

The

definition

and

regulation

of

prominent

discrete

tones

is

revised

so

as

to

include

fewer

noise

sources.

9.

Exemptions

from

the

numerical

limits

are broadened to

include

lawn

care

equipment,

agricultural

farm

machinery,

equipment

used

in

construction

and

certain

types

of

land

use.

10.

Delayed

compliance

dates

of

at

least

12

months

for

existing

sources

are

included

with

up

to

a

3

year

delay

for

blasting

noise,

railroad

car

coupling

noise

and

forging

hammer

impact

noise.

New

sources

would

have

to

comply

immediately

with

the numerical limits.

Comments

were

invited until July 15, 1973.

On the basis of the

comments

received,

several

additional

modifications

were

made

as

follows:

i~

Definitions

Definitions

101(e),

101(k)

and

101(s)

were

modified

to

specify

the

reference

pressure

in

the

preferred

units

as

20

micronewtons

per

square

meter

rather

than

as

0.0002

microbars.

2.

Automobile

and

Motorcycle

Racetracks

Rules

201(b)

and

201(c)

are

modified

to

move

SLUCM

land

use

7223

used

for

automobile

and

motorcycle

racing

from

the

B

category

to the

C

category.

SLUCM

class

7223

in-

cludes all race tracks so it

is necessary to specify

automobile

and

motorcycle

racing.

Rule

209(j)

is

added

to

give

a

two

year

compliance

date

for

racetracks

used

for

motorized

racing.

Fairground

motor

racetracks

are

similarly

treated.

3.

Refineries

Rule

209(i)

is

added

to

give

a

two

year

compliance

date

for

SLUCM

Code

291

(petroleum

refining)

land

uses.

—7—

B

--

709

---

4.

Modified Compliance dates.

Rule

209(a)

is

modified

to

include

new

rules

209(i)

and 209(j), providing a two-year compliance date

for oil refineries and for automobile and motorcycle

racetracks.

5.

A

new

section

201(d)

was

added

which

provided

in

substance

that

where

agricultural

or

undeveloped

land

is

adjacent

with

land

classified

as

“B”

or

“C”,

such agricultural or undeveloped land could be classified

as

a

Class

B

or

C

land

by

a

municipal

government

having

zoning jurisdiction over such land;

which classification

would remain after development until

it was removed

by the zoning authority.

This provision was designed

to

reassure

developers

of

“B”

or

“C”

properties

that

they

would

not

be

subjected

to

development

of

adjacent

properties

that

cotild

entail

noise

restrictions

beyond

that

originally

contemplated

at

the

time

of

original

development.

The

regulation

adopted

retains

the

basic

structure

that

was

ori-

ginally proposed by the Task Force in February of

1972.

A

noise

pollution prohibition

is provided which would enable abatement

of

noise

nuisances

irrespective

of

numerical

limits.

The non—

degradation

rule

is

deleted

principally

because

of

administrative

difficulties and not because of any indifference

to this concept.

The

basic

land

use

treatment

and

designation

are

retained

although

certain changes have been made within the respective A,

B, and C use

classifications.

Rules relating to prominent discrete tones and

impulsive

sounds

have

been

included

and

improved.

The

earlier

pro-

posal

distinguishing

between

abutting

and

non-abutting

land

has

b1een

deleted.

Exemptions

have

been

provided

for

a

wider

range

of

activities

than

originally

proposed

and

compliance

dates

for

existing

sources

have

been

extended

beyond

the

one-year

provision

in

the

case

of

certain

emitters

of

prominent

discrete

tones,

impulsive

noise,

loud

low

frequency

noise,

automobile

and

motorcycle

racetracks,

oil

refineries,

blasting

noise,

railroad

coupling

and

forge

impact

noise.

It

must

be

emphasized,

however,

that

new

sources

must

comply

with

the

regulation upon its effective date in most cases.

The

balance

of

this

opinion

will

consider

the

concept

of

noise

generally,

a discussion of some of the technical aspects such

as

frequency, octave band,

sound pressure levels and prominent dis-

crete tones.

The psychological and physiological need will be

considered, together with an analysis of the justification for

the

decibel

limits

employed

in

the

regulation.

Explanation

will

be made of the types of emissions

such as impulsive and fluctuating

sounds.

—8---

8—710

Analysis will next be made of the technical feasibility and

econo-

mic reasonableness of the regulations promulgated, giving recognition

to the means of abatement available for the particular noise sources,

the

cost

likely

to

be

incurred

in

their

abatement

and

the

time

neces-

sary to achieve compliance.

With respect to the foregoing areas

of discussion,

analysis will be made of various special problems

that exist with respect to the entire subject of noise abatement

such as those relating to prominent discrete tones and the some-

what unique characteristics relative to noise emission and abate-

ment identified with specific uses and operations such

as oil

refineries, motor racetracks,

forging operations and blasting

operations.

Concept of Noise

Noise

is often defined as unwanted or undesired sound.

It

is undesired

sound that,

for example, interferes with one’s recep-

tion of desired sound

or

imposes

sound

when

none

is wanted at all.

Sound is a fluctuation in air pressure that stimulates the nervous

system through the ear, eardrum and connecting nerves.

Several

characteristics of these pressure fluctuations determine their

impact on the individual.

These

include

the

magnitude

of

the

pres-

sure fluctuations, the speed or frequency of these fluctuations,

the variation of the fluctuations with time,

and the spatial

characteristics.

The ear senses loudness by the magnitude of the pressure fluctua-

tions

against

the

eardrum.

For

this

reason,

the

unit

of

sound

magni-

tude

is

the

decibel

(dB)

which

is

a

non—dimensional

measure

of

sound

pressure

level

(SPL)

in

terms

of

a

standard

reference

pressure.

The

reference pressure

Pref.

is

20 micronewtons per square meter and the

relation

between

the

sound

pressure,

P,

and

its

dB

value is given

by dB=lO

log(p~/f~)

.

For multiple sound sources,

the total

sound pressure is related to the individual pressure by P2 total

=

p12

+

p22

+

p32

+

...

In mathematical terms, therefore,

doubling

the

sound

sources

increases

the

dB

reading

by

3.

However,

in subjec-

tive terms, it takes

a

10 dB increase in sound level before the

sound seems twice as loud.

Representative decibel levels of sounds

encountered are listed in the following table:

0-10

hearing threshold

20-30

quiet bedroom

45

living room

55

medium size office

85

train at

50

feet

90

8 hour OSHA limit

120

pain threshold

8— 711

---

Frequency

refers

to

the

rate

at

which

the

pressure

level

oscillates with time.

The frequency is therefore expressed as

the

number

of

pressure

cycles

per

unit

time,

cycles

per

second

or

the

newer

unit,

Hertz

(Hz).

The

frequency

of

a

sound

is

often

referred

to

as

the

“pitch”

so

that

low

pitch

means

low

frequency,

similarly

for

high pitch sounds.

Numerically, A above middle C

on

a

piano

has

a

frequency

(or

pitch)

of

440

Hz

and

the

typical

human ear can hear sounds having frequencies between 20Hz and

15,000 to 20,000

Hz.

Although

the

frequency

range

for

audible

sounds

is

continous,

for ease of measurement and description,

it has been customary to

divide

the

frequency

range

into

intervals.

The

basic

interval

used

is the octave band,which is defined

as

the

frequency

inter-

val

having the upper frequency limit equal to twice the lower

frequency

limit.

For

example,

if

the

lower

limit

equals

100

Hz,

than

the

upper

limit

of

the

octave

band

equals

200

Hz

and

this

band

has

a

width

or

range

of

100

Hz.

For

an

octave

band

having

a

lower

limit

of

500

Hz,

the

upper

limit

is

1000

Hz

and

this

band

has

a

range

of

500

Hz.

Usinq

the

octave

band

as

the

interval;

the

audible

spectrum

breaks

up

into

slightly

more

than

9

octave

bands.

Other

intervals

used

include

1/3

octave

bands

and

1/10

octave

bands.

The frequency intervals are today represented by their center

frequencies

which,

mathematically,

are

the

geometric

means

of

the

limits of the bands.

For example, the octave band between 100 Hz

and

200

Hz

has

a

center

frequency

of

141

Hz

and

the

octave

band

between

500

Hz

and

1000

Hz

has

a

center

frequency

of

707

Hz.

Recently,

a

set

of

preferred

frequencies

has

been

established

which

establishes

the

center

frequencies

of

octave

bands

as

the

identifying

quantity.

The band frequency limits are then determined mathematical-

ly.

These

preferred

center

frequencies

are

set

out

in

ANSI

Stans

dard S1.6-1967 and are listed below along with the octave band limits.

Preferred

Frequency

-

Hz

Octave Band Limits

-

Hz

31.5

22.4

—

45

63

45—90

125

90—180

250

180—355

500

355—710

1000

710—1420

2000

1400—2800

4000

2800—5600

8000

5600—11,200

The human ear does not hear all frequencies of sound with equal

sensitivity; low frequencies being not heard

as well as high fre-

quencies.

Thus,

a

sound

havine

an

SPL

of

60

dB

at

1000

Hz

would

be

much louder than

a sound having an SPL of 60

dB at

50 Hz,

so that it

is

necessary

to

know

both

the

sound

pressure level and the frequency

3

—

712

---

before the subjective loudness can

be evaluated.

Several methods

for incorporating the sensitivity or frequency

response of the

human ear have been established, the one most often used is the

A-weighting scale.

The A-weighting scale

is

an approximation of an

equal loudness judgment for sound of different frequencies,

the use

of the scale resulting in a single number equivalent for a complex

sound having many frequency components.

The following table lists

the A-Weighting corrections

that thould be applied in order to

simulate the ear’s sensitivity.

(EPA Ex.

63)

A-Weighting

Sound Frequency

Decibel Correction

31.5 Hz

—39.5

63

—26.1

125

—16.2

250

—

8.0

500

—

3.3

1000

0

2000

+

1.2

4000

+

1.0

8000

—

1.1

Once the corrections are made, the weighted octave band values are

combined to give a single A weighted decibel level

for the sound.

Until now, the sounds under discussion were considered to be

steady and cOntinuous, that is, the magnitude and frequency distri-

bution did not vary with time.

Many sounds, however, are non—steady

and either the magnitude or frequency vary with time

,

examples of

which include sirens

(varying frequency and magnitude)

and punch

presses

(varying magnitude).

These types of sounds are subjectively

more annoying and bothersome than steady sounds having the same

magnitude and frequency distribution,

(:PA Ex.

110)

especially for

hainmerina

and. blasting type noise, and,

therefore,

should be evaluated

separately from steady sound.

Sound is emitted and received as pressure fluctuations in the

atmosphere.

The fluctuations travel from the emitter to the receiver

and the physical relation between the emitter and receiver determines

the alteration of emitted sound and thus, the characteristics of the

received sound.

Two major spatial factors determine this alteration:

distance and direction.

Distance between emitter and receiver deter-

mines the amount of atmospheric diffusion or attenuation of sound

energy and thus, the decrease in SPL between emitter and receiver.

In theory, doubling the distance between the emitter and receiver

decreases the SPL received by 6dB while halving the distance in-

creases the SPL received by 6dB.

For example, if a motor emits

60 dB

at 100 feet,

at 200 feet,

the reading would typically be 54 dB.

Since

the noise regulations are based on sound levels measured on the

receiver’s property, opportunity is available for the atmospheric

—11—

8— 713

---

attenuation of the sound emitted.

The directional aspect refers

to the orientation between the sound radiating surfaces and the

receiver.

The pressure fluctuations are often generated by vibrating

surfaces so that “seeing” the surface results in more sound received

than if the vibrating surface is shielded.

Intervening objects

such

as buildings or barriers block and disperse

the sound so that

the amount received is lessened.

Effects of Noise

The effects of noise on people can be broken down into two major

categories:

physiological and psychological.

The testimony of

Professors Ades and O’Neillintroduced into the record discusses

these subjects in length.

(Exhibits

50

and

61

).

The physiologi-

cal effects include

damage

to

the ear

and

permanent

or

temporary

hearing

loss;

while

the

psychological

effects

include

interference

with speech communication, annoyance and loss in physical or mental

efficiency.

The

physiological

effects

of

noise

(EPA

Ex.

50)

include

both

physical damage and hearing loss.

At sound pressure levels exceed-

ing 120 dB, the ear can suffer physical damage, primarily in

the area of the inner ear.

It might be noted, however, that

extreme impulsive noises such as blasts can rupture the ear drum

itself,

The damage to the inner ear is postulated to result either

from rupturing cells and nerves because of excessive vibration or

by causing the cells to exhaust themselves because of noise induced

excessive metabolic rates.

Photomicrographs have shown the decay

and destruction of the inner ear structure caused by excessive noise.

At noise levels lower than those causing physical damage, the

ear can still suffer hearing loss.

This loss is represented by the

threshold shift,

that is, the shift in sound level at which a tone

is first detected.

For

e~ample,

if

a tone is first detected by an

individual at a sound level of 10 dB and following exposure to noise,

the tone

is then detected at a sound level of 20 dB, the individual

is said to have a noise induced threshold shift of 10

dB..

The shift

can be thought of as a decrease in the ears’ sensitivity to sound

and means that all levels of sound would appear quieter than before

the

shift occurred.

The

amount of threshold shift depends on the

frequency,

duration and magnitude of the noise producing the shift.

This

threshold shift

(hearing loss)

can he either temporary or per-

manent.

Temporary shifts decrease with time and the ear returns

to its former sensitivity.

More severe noise exposures

can

result

in

a

residual

shift

after

the

temporary

portion

has

subsided.

Estimates

of

threshold

shift

based

on

test

data

show

that

sound

levels

as

low

as

70

dB

for

durations

of

several

hours

can

produce

temporary

threshold

shifts

following

single

exposures

to

noise.

The

amount.

of

shift

is

proportional

to

the

logarithm

of

the

expo~

sure

time

(EPA

Er.

53)

.

Typical

threshold

shifts

as

related

to

sound

level and

duration

are

listed

in

the

following

table~

S

7~4

---

Exposure Time

12

23

(Minutes)

45

100

threshold

shift

(dB)

at

4000

Hz

1

5

Industrial

83

2

5

Noise

92

2

19

Level

97

22

37

(cIBA)

The time required for the temporary shift to decay

is also

proportional to the sound level and duration; when the time required

is in excess of several weeks, the shift can then be considered

permanent.

Permanent hearing loss can be caused by

a single expo-

sure to intense noise but is usually caused by repeated exposures

over an extended period of time.

In considering permanent hearing

loss, consideration of presbycusis is required.

Presbycusis is

the

hearing loss due to aging processes;

however,

it has been

suggested that exposures to noise during a person’s lifetime may

contribute significantly to this

“aging” process.

Studies of per-

manent hearing loss have been conducted, primarily of workers en-

gaged in

noisy

occupations.

The

following

table

shows

the

permanent

threshold

shift

resulting

from

occupational

±ioise

exposure as a

function of noise level and time on job.

The levels have been

adlusted

for the effects of presbycusis and the data at 10 years

has

leveled

off.

(EPA

Er.

53)

Time on Job

(Years)

10

12

)

27

)

threshold

shift(0

46

)

at

4000

Hz

It must be remembered

that

occupational exposure occurs usually

8

hours per day,

5 days per week with

16 hours per workday for recove

whereas environmental exposure occurs for periods up to

24 hours

pe;

days,

7

days

per

week

for

housewives,

retirees,

and ~hiidren~

Thus

environmental exposure to noise would

be

expected to result in more

severe hearing loss than industrial

exposure

to

the

same

noise leve

To

put

the

threshold

shifts

in prooer perspective, Figure 12

f

EPA Exhibit

53, listed below, gives the relation between threshold

shift at the speech important frequencies and the ability to under-

stand speech~

—13—

Sound

Level

(dB)

85

90

95

100

9

14

16

21

20

26

19

23

27

31

33

42

8

—

715

---

Range in Threshold

Ability to

Degree of handicap

Shifts

-

(dB)

Understand Speech

Not significant

0—25

No

difficulty

Slight

25-40

Difficulty with faint

speech

Mild

40-55

Difficulty with normal

speech

Marked

55-70

Difficulty with loud

speech

Severe

70—90

Can only understand

shouted speech

Extreme

90 and up

Cannot even understand

amplified speech

The psychological effects of noise include interference with

speech, annoyance and the mental and motor performance of an indivi-

dual.

Of these effects, speech interference and annoyance are the

most important.

Speech interference

to the listener caused by noise is manifested

in several ways;

the

relative sound level of the speech

is reduced,

the

speech

sound

may

be

distorted and become unrecognizable,

or the

noise

may

distract

the

listener.

To

the

speaker,

the

presence

of

noise

may

cause

him

to

raise

his

voice

level.

In

terms

of

frequency,

noise

concentrated

in the range of 500 to

3,000 Hz

is most effective in

masking or interfering with speech.

For this reason, attempts to relate

difficulty in communicating to various levels of noise have focused on

the noise in this frequency range.

One commonly used measure is the speech interference level

(SIL)

defined

originally

as

the

arithmetic

average

of

the

sound

pressure

levels

in

the

600

to

1200,

1200

to

2400,

and

2400

to

4800

Hz

octave

bands.

Recently,

the

speech

interference

has

been

expressed

in

terms

of the preferred frequencies

as the arithmetic average of the sound

pressure levels of the three octave bands having the geometric mean

center frequencies of 500, 1000 and 2000 Hz.

This preferred speech

interference level

(PSIL)

is related to required voice levels

and

distance between speaker and listener by the following table

(EPA

Er.

7, Table 18.1),

PSIL

(db)

distance between

voice effort

speaker and listener

(ft) normal

raised

very loud

shouting

1

68

74

80

92

2

62

68

74

86

6

52

58

64

70

12

46

52

58

64

The voice levels required according to the above table are for average

malevoices

and

are

based

on

60

reliable

communication.

The

speech

interference for female voices is approximately

5 dB more severe.

—14—

8

—

716

---

For

example,

for

two

males

to

converse

over

a

distance

of

6

feet

at normal voice levels means the ambient PSIL can not exceed 52 dB.

For

two

females

to converse at the same conditions means

the PSIL

can not exceed

47 dB.

Another criterion for estimating the effects of noise on communi-

cation

is the ~eferred

noise criterion

(PNC)

curves

(EPA Er.

108),

These curves apoly to interior broad band noise and rate octave band

sound levels

in terms

of room suitability

for various activities.

They result from updating the noise criterion

(NC)

curves originally

developed

from

noise

questionaires

and

surveys

in

military

and.

office

buildings

and

used for design and evaluation of room suitability

for communication.

The following table

lists the octave band sound

e~e3sure

levels at the preferred center

frequencies

for

typical

PNC

CU LVC

S

Sound pressure level

(dB)

at octave band

center frequency (Hz)

PNC Curve

31.5

63

125

250

500

1000

2000

4000

8000

25

60

49

43

37

31

25

20

18

18

30

61

52

46

41

35

30

25

23

23

40

64

59

54

50

45

40

35

33

33

50

70

66

62

58

54

50

46

43

43

60

76

73

69

66

63

59

56

53

53

Typical room suitab:Llity for various activities

is related to the

PNC

curves in the following table.

(EPA lx.

108)

PNC Curve

Type of space and acoustical requirements

25-40

Bedrooms, sleeping quarters, hospitals, residences,

apartments, hotels, motels

(for sleeping, resting,

relaxing).

3o~40

Living rooms and similar spaces in dwellings

(for

conversing

or

listening

to

radio

and

TV).

35-45

Large

offices,

reception

areas,

retail

shops

and

stores, cafeterias,

restaurants

(for moderately

good listening conditions).

40-50

Lobbies,

laboratory

work

spaces,

drafting

and

engineering

rooms,

general

secretarial

areas

(for

fair

listening

conditions).

50~60

Shops, garages, power-plant control

rooms

(for

just acceptable

speech and telephone communication)

PNC

levels above

60 are not recommended for

any

office

or

communication

situation.

The technique in

using

the

above

tables

is

to

compare

the

noise

being

rated

at

each

octave

band

center

frequency

with

the

PNC

curves;

~15-

---

the

PNC

rating

then

being

the

highest

PNC

curve

that

is

inter-

sected

by

the

noise

at

any

octave

band

center

frequency.

Since

the

PNC

curves are indoor ratings, the attenuation of walls must be considered

in rating the receiving land noise levels.

Annoyance

The next major psychological effect of noise

is annoyance, es-

pecially as

it relates to interference with relaxation or sleep.

The

annoying value of a particular noise depends on several factors

(tPA t~.

61)

(a)

The type of community

-

residential or industrial.

(b)

Time of day and activity of residents

-

noises

which appear acceptable during the working weekday

may be objectionable during the evening or on

a week-

end.

(c)

Community acceptance—annoyance may be effected by

the

relationship of noise source to community welfare.

(d)

Noise background

—

annoyance of a particular noise may

be related to the customary ambient noise

in the environ-

ment.

(e)

Initial effects

-

new noise may be initially objectionable,

with subsequent diminution of complaints.

(f)

Geography and climate-noises may be more objectionable

under

conditions

where

people

are

outdoors

a

large

portion

of the time.

Since

annoyance

is

an

unfavorable

reaction

to

a

stimulus,

one

might

suggest

that

measurements

of

annoyance

should

always

be

done

ir~

terms of complaints and that the lack of complaints

indicates a lack of

annoyance.

This type of correlation, however,

includes factors for

two separate stages of response to

a noise stimulus.

The

first

stage

is the personal level where the individual

is

or

is not annoyed, de-

pending on factors of the type listed above.

Assuming he is annoyed,

the second stage is the community level where the individual may or may

not complain, depending on his status in the community,

the

degree of

annoyance, and the results he feels his complaint will achieve.

There-

fore,

even though

a person might suffer annoyance, he may not complain.

This was proven out in European studies which showed that few people

actually register a formal complaint concerning noise.

In Great Bri-

tain,

only 20-23

of individuals who felt that they had a serious local

problem

even

felt

like

calling

or

writing

to

an

official.

Only

about

2-4

actually followed through on their complaints.

Therefore,

a regu-

lation based on complaints would ignore the vast number of citizens

who do not complain.

To solve this problem,

a regulation should be

based on the likelihood of complaint,

that is, based on the personal

reaction to a noise independent of

a person1s status or influence.

—16—

8—718

---

A

recent method developed for rating

community

response to

noise pollution is ISO R 1996 “Assessment of Noise with Respect to

Community Response”

(EPA Er.

100).

This relates the excess noise,

in dBA,

to anticipated community response:

the excess noise being

that

noise

in

excess

of

the

adjusted

community

noise

level.

Included

in

the

method are adjustments for the noise being rated, depending

r-~n the impulsive, prominent discrete tone or fluctuating character-

istics;

and on the community rating depending on the time of day

and type of neighborhood.

The basic relation between excess noise

in

dEA

and

the

expected

community

response

is

given

in

the

following

table:

Expected community response

Excess noise in dBA

Category

Description

0

none

no observed reaction

5

little

sporadic

complaints

10

medium

widespread complaints

15

strong

threats

of

community

action

20

very

strong

widespread

community

action

This

method

can

be

in-directly

applied

to

the

Illinois

noise

regula-

tions,

since

it

depends

strongly

on

the

character

of

the

community,

whereas

the

present

regulation

depends

only

on

the

noise

emitter

and

noise

receiver

in

terms

of

limits

on

noise.

The

impact

on

the

noise

receiver

under

the

regulation

is,

however,

a

function

of

the

surrounding

community

since

the

limits

apply

to

each

noise

emitter.

For

example,

a

residence

in

an

industrial

setting

might

be

surrounded

by

four

equally loud industries

and have a total sound level

6dB greater than

a residence

in a less industrialized setting with only one industry

emitting noise.

In terms

of

the

numerica1

limits

the regulation imposes,

hypothetical

communities ranging from industrial

to residential,

if

exposed

to

the

C/A

daytime

limits

(equivalent

to

61

dBA),

would

have an expected community response ranging from sporadic to wide-

spread complaints,

as will be shown later.

Special

types

of

sounds

Up

to

this

point

the

sounds

discussed

could

be

characterized

as

steady,

broad

band

sounds.

These

sounds

occur

continuously

and

do

not

contain

clearly

identifiable

tones

of

a

given

pitch

or

frequency.

Types

of

sounds

characterized

as

steady

broad

band

would

include

noise

from

process

plants,

noise

from

a

properly

maintained

air

conditioner

or

fan.

In

terms

of

annoyance

or nuisance, these sounds would have

the lowest intrinsic values

if compared subjectively to non-steady or

non-broad band noise.

This can be seen from the various noise rating

criteria

e.

g.

ISO

R.

1996,

where

5

dB(A)

penalties

are

put

on

noises

characterized

as

impulsive

(non

steady

state)

or

as having prominent

—17—

8

—

719

---

discrete tones

(audible tone components).

Impulsive sounds can be considered as that sound having less

than

a

seconds

duration.

Typical

examples

of

this

type

of

sound

include

blasts, hammering,

impact of drop forges, and punch presses.

When

compared subjectively to continuous noise,

impulsive noise is adjudged

to be more annoying

(EPA

Ex. 110).

According to ISO

P. 1996,

a

5 dB(A) penalty for impulsive noise levels with respect to continuous

noise is necessary in assessing the annoying value of noise.

In addi-

tion,

the community noise equivalent level

(CNEL)

rating scheme,

used by the State of California in monitoring noise sources, has

been shown to correlate well with community reaction to noise if a 5dB

decrease in the sound levels of impulsive noise was included.

Thus,

it appears that impulsive sound levels

should

be

5dB less than con-

tinuous sound levels

if the same subjective reaction is to be maintained

in both instances.

The short duration of impulsive sounds does not allow the

determination of octave band. sound levels using portable measuring

equipment consisting

of a sound level meter and octave band

analyzer.

More costly and sophisticated equipment,

including a precision tape

recorder and spectrum analyzer would be required and would not permit

easy use in the field.

In addition,

it appears that impulsive noise

levels,

measured

in

cIBA,

correlate sufficiently well for all types of

impulsive sound emitters so that the octave band levels are not required.

Prominent discrete tones refer

to sounds which have easily identi-

fiable frequency or pitch components, examples of which include whistles.

transformer hum,motor noise, and musical instruments.

These tones

in

terms

of noisiness are more annoying than sounds not having these tones

(EPA Er.

63,

p.

289)

so that again

a penalty should be imposed on

sounds

having

these

prominent

discrete

tones.

The first problem to deal with

is the classification of sound as

having

or

not

having

prominent

discrete

tones.

The

ANSI

Standard

S1.13-

1971

“Methods

for

the

Measurement

of

Sound

Pressure

Levels”

(EPa

Er.

44)

suggests that

a prominent discrete tone would typically be present,

based on

a panel of listeners if the tone were from 5 to

15 decibels

higher than the level at which

the

tone would just be audible in

the

presence of broad band noise.

They go on to set 10 dB as the level

for the establishment of prominent discrete tones.

However,

the

ear’s

sensitivity

to

discrete

tones

has

been shown to vary with frequency

according to Fletcher and Munson,

and others.

Therefore,

the defini-

tion of a discrete tone as being prominent should be a fnnction of

frequency.

Using the Fletcher and Munson concepts along with the

10 dB

criterion from Ex. 44, the following table gives for 1/3 octave bands,

the

decibel

differentials

for the 1/3 octave discrete tone

and.

the adjacent 1/3 octave bands required for a

prominent

discrete

tone

to

exist,

as

a function of frequency

(EPA

Group

lx.

117

plus

10

dl

Criter~ofl)

---

1/3 Octave Band

Excess SPL required

Center frequency

(Hz)

for prominent discrete tone

(dB)

100

16.0

200

10.7

400

7.2

800

4.8

2000

3.5

4000

3.3

8000

4.9

Once a sound is determined to have these prominent discrete tones, the

next

problem

is

to

rate

these

sounds

in terms of annoyance with respect to

sound devoid of these tones.

As mentioned previously, the

ISO B 1996

recommendation would penalize prominent discrete tones by 5

cIBA in

assessing their relative annoyance.

In addition, Kryter, in his book,

“The Effects of Noise on Man”, establishes the following

correction factors to be applied in estimating noisiness from sound

pressure level readings

in octave bands.

The factors depend both

on frequency and on the excess sound pressure level of the prominent

discrete tone as described previously.

Excess Sound

Level

(dB)

Frequency

(Hz)

Correction Factor

(dB)

8

400—1600

5

400—1600

3

1000—4000

5

4000—8000

3

Thus,

it

appears that

a correction factor of around

5 dB based on the

ISO

and Kryter material seems appropriate in terms of equating equal

noisiness between sounds with prominent discrete tones and those without.

One last type of sound is fluctuating sound, where the sound

pressure level varies with time.

Some sirens emit noise that could be

classified

as

fluctuating

and

there

is

also

machine

and

process

noise

that

varies regularly in sound level with time.

Little information is

available to determine its relative annoyance to non—fluctuating noise.

Need

for

a

Noise

Regulation

The

need

for

the

regulation

was

demonstrated

during

the

sixteen hearings by the appearance of many cit~.zenswho

complained about unreasonable nuisances resulting from noise emissions.

The

complaints

covered

a

wide range of sources including forges, rail-

road switch yards,

fans and blowers, machinery, transformers, race-

tracks

and

truck

terminals.

The

Agency investigated some of the complaints and made noise

measurements

on the complainant’s property.

Although the majority of

noise

sources

for

which

complaints

were

received

did

violate

the

pro—

posed

numerical limits, not all did.

For example,

a Mr.

Bodeen testi-

lied

on

May

14,

1973

in Rock Island about a nuisance caused by an

—19—

8—721

---

electrical

transformer substation that was located adjacent to his

property.

He characterized the noise emissions

as

“unbearable”

(5/14/73,

A.

335),

and

although

the

utility

did

respond

by

construc-

ting

a temporary barrier made of wood,

the noise received was still

a nuisance.

The Agency made noise level measurements on the Bodeen

property

(EPA Er.

149)

and

found

the

levels

to

comply

with

all

proposed

numerical

regulations,

including

the

orominent

discrete

tone

rule,

Rule

207.

(5/14/73,

1.

343).

Relief

available

to

Mr. Bodeen would

still

be

possible,

however,

under

the

nuisance

rule,

Rule

102.

There were many instances of citizens being subjected suddenly

to the presence of nearby noise sources.

The residents of Coffeen, Illi-

nois,

for

example,

were

awakened

one

night

at

3

A.M.

by

the

start-up

of

a mine air shaft exhaust fan (5/7/73 hearing).

The fan emits

a high-

pitched whine,

inhibits conversation and interferes with the residents’

sleep.

Sound level measurements made

hr

the

Agency

on

the

residential

property a quarter mile away from the fan

(EPA Ex.

133) showed the

noise

levels exceeding the C to A daytime standard by as much as

28

decibels and also showed the presence of prominent discrete tones.

Local officials also appeared at the hearings and testified to

their inability to enforce local noise ordinances and the need for

a state-wide noise regulation.

The problem apparently

is that the

methods

for enforcement have not been established and the manpower is

not available,

especially

in

the smaller communities (5/7/73

1.

30-43).

The Agency~sown files support the need for the regulation.

The

Illinois Manufacturer’s Association statement of December

8,

1972

(Group Er.

129)

includes a summary of the Agency noise complaint file

for the period of July 1,

1970 to November 27,

1972 and finds that

12

of the complaints involved

~

sources.

However,

in

terms

of

all

sources

covered

by

this

Regulation

we

find

that

approximately

46

of

the

sources

complained

about

would

be

regulated.

The other

significant

area

of

complaints

are

transportation sources

(4 3)

based

on

the

IMA

summary.

Protection Offered by the Regulation

As a preface to the following material it might be well to

identify those areas not covered by

the

regulation.

The following

noise sources are not covered by this ~egulation:

airport noise,

construction noise, and transportation noise.

The regulation

is designed to protect neople

in the State from

the unreasonable exposure to environmental noise burdens.

It

is not

designed to cover only those instances

when

serious

physiological

damage will

result,

This

is

achieved by setting maximum limits on

the noise levels received from each individual noise emitter.

The

regulation does not control all environmental noise emissions; trans-

portation noise, airport

noise

and

construction

noise

will be subject

to future noise regulations.

in regulating environmental noise pollution,

the regulation is

designed

to

protect. people

24 hours a day,

365 days

a year.

It,

therefore,

is

significantly

different

from

noise

regulations

designed

to

protect

the

worker

in

an

industrial

setting

where

the

exposure

to

noise is typically

8 hours a

day,

5

days

a

week

and

where

the

noise

—20—

---

control is designed to minimize hearing loss.

In addition, personal

noise control devices such as earplugs are often used.

In regulating

noise emissions, the regulation is

designed

to

protect

people

not

only

from physiological damage due to noise, but also from unreasonable

nuisances such as interferences with communication or sleep.

The

protection covers all people, both the very young and very old,

in

good

health and poor,

and thus includes those not usually covered by

industrial hygiene noise limits.

The protection provided by the regulation depends on the classifi-

cations of the noise emitter and of the receiver.

For example,

a

residential receiver

is protected more than an industrial receiver,

wh~1e,

on the other hand,

an industrial emitter

is allowed to emit

more

noise than an institutional emitter to the same class

of re-

ceiving land.

The specific sound levels of Rules 202 through 205 adopted in the

Regulation are justified using three rating criteria.

The criteria

consist of

(1)

expected response of

a community to various noise

levels,

(2)

speech interference caused by noise,

and

(3)

noise ratings

of

rooms

used for different activities.

Although the rating criteria

apply

to total environmental noise levels and the regulation applies

to each noise source individually, the conclusion

to be drawn

is

that

the

regulation allows

a moderately noisy environment to occur.

For example, the noise levels permitted by industry emitting to

residences would allow speech at normal voice levels for males at

a maximum

distance of

6 feet

and. would result in

a room suitability

rating of fair listening conditions or worse using the rating criteria

d~scucsedpreviously.

An analysis of the specific regulations adopted

follows.

Rule

101:

Definitions

This

rule

is self—explanatory except for

a few definitions where

the

intent

needs

to

be

expanded.

(c)

Daytime hours:

Some consideration

was

given

to

exeanding

the limits so

that the

duration was increased from 15 hours

to

16 hours in order to allow two 8-hour shifts of operation

under

the

daytime rules.

However, many industries have

second shifts lasting until

11 or

12

P.M. when many people

are

normally

asleen,

and

since

the

reason

for

dividing

the

day

into

daytime

and nighttime hours is to offer greater

protection during sleeping hours,

:Lt was not deemed appro-

priate to exoand

the

daytime hours definition.

(f)

Existing

property—line-noise-source:

The definition

is

designed to make clear the distinction between new and

existing sources.

It

is not intended

that

the installation

of

a

new

or

different

niece of ecuinment at an existing

property-line-noise-source would change the classification

of

the

source from

the existing

category to the more strict

new

category.

The

orone:rty-iine—noise—source is,

in general,

being regulated,

not

individual pieces of machinery that

may comprise the source.

To

be considered as existing,

sub—

stantial progress in

the

construction or establishment must

have occurred.

8

*

723

---

The

issue

was

raised

primarily

by

Edison

in

terms

of

replacing

or

upgrading

power

transformers

at

existing

trans-

former sites.

The intent of the definition is to enable

Edison or another power utility to replace transformers

at

a site without placing the site in a new category.

The

last

sentence

of

the

definition

refers

to

sources

whose

use

classifications change.

It is intended to cover situations

where

a

new

or

different

land

use

moves into an existing

structure.

An

example

of

this would be fans or blowers

attached

to

a

building

used

originally

as

a

commercial

business, class

B, which subsequently

is used for

manufac-

turing purposes,

class

C.

Even though the sources of noise,

the fans or blowers, were in existence,

the

reclassification

of the property-line—noise source from class B to class C

would put it

in

the new property-i:Lno-rioisn—source

Category.

(h)

New property-line-noise—source:

This definition works

in

conjunction with definition

(f), existing property-line-

noise-source.

The key word in

the definition

is

establish-

ment,

the intent is

to prevent existing sources that make

minor alterations or equipment modifications ~Frombeing

reclassified

as new property-line-nniee--sources.

(n)

Prominent

discrete

tones:

Subdividing the definition into

3 steps

as a function of frequency is intended to account

for the ears sensitivity to these tones.

Prominent discrete

tones can be both low frequency such as transformer hum or

high frequency such

as a whistle or screech of bearings;

and the ear more easily identifies discrete tones

as being

prominent at high frequencies than at low frequencies.

An earlier definition proposed dividing the frequency band

into only two steos but based

on

testimony

from

industry,

a

three-step definition is adopted.

The result is

to more

closely approximate the subjective annoyance reaction to

prominent discrete tones.

To industry,

it

represents

a

slight loosening of the regulations by eliminating more

noise from the definition and thus

regulation

of prominent

discrete tones, while to the receiver,

it represents an

insignificant change in terms of exposure to noise.

(o)

Property-line—noise—source:

The definition makes

the

point that we are concerned with the totality of equiPment

and machinery

that contributes to the noise emission from

a property—line-noise-source rather than with individual

pieces of machinery.

It is this total noise emission that

is to be regulated rather than noise from individual machines,

An exception to this would be forging operations where

by

Rule

209 (h)

,

it

is

proposed

to

regulate

forge

impact

noise

separately from other noises emitted by the operation.

—22—

8

—

724

---

Rule

102:

of

Noise

Pollution

This

is

a

standard

nuisance-type

regulation

comparable

to

that

appearing

in

the

statute

with

respect

to

air

and

water

pollution,

that

could

apply

irrespective

of

compliance

with

or

violation

of

any

regula-

tion

based

on

numerical

limits.

Although

our

jurisdiction

would

cover

disputes between residential neighbors, we feel that the local

authorities may be better suited in

terms

of providing an immediate

Rule 103:

Measurement Techniques

This rule establishes the basic techniques to be used in measuring

sound levels by reference to

specific

published

standards

such

as

those

of the American National Standards Institute,

Inc.

(ANSI).

Much

testi-

mony appears in the record, mainly

from

industry, urging that the

techniques

be

specified

in

more

detail

as

part

of

the

regulation.

This

was

felt

to

be

impractical

given

the

uniqueness

of

each

measuring

loca-

tion

in

the

state

and

the

periodic

development

of

new and

more

advanced

techniques.

Filing

the

techniques

with

the

Secretary

of

State

before

applying

them

should give sufficient notice of their nature and provi-

sions to interested persons.

Application of the measurement techniques

to specific situations must be done on an individual basis and could

be a subject to challenge in

an

enforcement

proceeding.

Rule

104:

Burden of Persuasion

The burden of persuasion rests with the person who would benefit

from the exception.

The role of the

Agency

is not to provide

assistance

in

terms

of

measuring

noise

levels

but

rather

to

be

help-

ful

to

people

in

explaining

the

regulation.

Rule

105:

Severability

This is a standard severability rule.

Rule 201:

Classification of Land According to Use

This rule provides the basic differentiation between land uses

of varying noise sensitivity, classifying

land

uses both as potential

noise emitters and noise receivers.

The classes in order of decreasing

noise sensitivity as receivers are roughly divided by use as follows:

Class A-residential and institutional; Class B

—

commercial

and business

Class C

-

made of the land, rather than on anticipated or planned use such as

could occur if the classifications were based on zoning.

This is

not

to say that zoning is not a factor in these regulations because it is,

in implicit terms.

Zoning largely determines land use which, in turn,

determines the applicable noise regulation.

Thus, the application of

the regulations is based indirectly on lobal

zoning

decisiox~,anda

conflict in land uses

from

a noise standpoint relates back to the zoninç

decision that determined the conflict.

8—725

---

Actual land use is an appropriate basis in that the regulation

is designed to

protect

people where they actually live and work, rather

than protecting vacant property in anticipation of people living

and working there.

There was much discussion during the hearings of

the

problems

of

industrial

planning

in

the

face

of

changing

land

uses

and thus,

changing regulations.

Industry was concerned about a single

residence moving into an industrial area,

forcing sudden expenditures

of funds to comply with the more strict residential requirements, sub-

sequent to which the residential use may be eliminated and the expenses

then wasted.

However, many citizens

in residential areas testified

during the hearings to the sudden presence of

a noise source near their

property.

This is, in part, resolved by the inclusion of

Rule

201(d).

In both instances,

it probably was local zoning

decisions that caused

the

problems.

The regulation would,

in essence,

add a new consideration,

i.

e.

potential for noise pollution,

to the

other considerations that results

in zoning decisions, rather than cir-

cumventing these decisions.

Classes of land use are divided into three categories

employing,

as a useful means of categorizing the multiplicity of possible land

uses,

the Standard Land Use Coding Manual

(SLUCM)

1969 reprint, publish-

ed by the U.S.Department of Transportation, which is incorporated in

the regulation.

The choice of three

classes

is a compromise which

is intended to acknowledge the different noise requirements of differ-

ent

types

of

land use without creating an unduly complex regulation.

Several industries, but primarily Shell Oil, suggested that ~

cuss

C

category be divided into light industry and neavy industry

witn.

dirferent

numerical limits for each sub-category.

This would,

in their opinion,

take into account the great disparity in sizes between the various

types of industries included in class

C.

She1l~ssituation is unique

:

in that

not

only

is

it a

very

large

refinery,

but

abuts

the

resi-

dential community of South Roxana, allowing only the width of a 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.

It

is

important

to

recognize

that

land

use

is

not

necessarily

co—extensive with land ownership.

A good example of this

is

a farmer’s

piece of property.

The portion of land used

as farmland would be

classified as a ~C” use while the farmstead itself would be classified

as an

“A” use.

Another example includes multiuse buildings such

as

high rise apartments, where

the

apartments

themselves

are

class

A

uses,

while ground level businesses are class B uses.

Still another example

is an industry located on

a large tract of land owned by the industry.

That

portion

of

the land where the industry is situated

is

a

~lass C use while the remaining land,

if not used,

is not classified

and thus, neither regulated nor protected..

—24—

8

—

72$

---

Discussion of

the Numerical Regulations

The next series of rules,

202 through 207,

is the heart of the

regulations based on numerical limits.

These rules establish limits

on

the

amount

of

noise

received

on

a particular class of land use

from

a noise source also classified by land use.

In applying the

regulations,

several

conditions

must

be

met:

1)

The noise limits apply to each individual property-line-noise-

source rather than to the total environmental noise level.

This

concept

was

misunderstood

during

the

earlier

hearings where much time

was spent discussing background noise

levels.

The limits apply

individually

to each source so that one source is not penalized for

the emissions of its noisy neighbor.

The total noise level received

therefore is not regulated, but is dependent on the total number of

nearby noise sources.

For example,

a residence receiving noise from

a

single

industry

at

the

allowed limits

is

subjected to less

noise than

a residence surrounded by four equally noisy indus-

tries, each emitting at the allowable limits.

This is appropriate

because

in the second case,

the residence

is clearly in an industiral

area

(in the first case it is not)

and thus not entitled to the same

protection from e1:vironmental noise.

2)

Both the noise emitter and noise receiver must be among the land

uses classified by Rule

201.

Land

not

included

in

the

classes

of

Rule

201

such

as

undeveloped land is not protected from noise.

3)

li~esound pressure levels must be measured within the receiving

property but not closer than

25 feet to the property-line—noise—source.

This represents

a significant departure from the original proposal

which measured sound pressure levels at the emitters’ property line.

Since the regulation

is intended to protect people from noise pollu-

tion,

it is appropriate to measure the levels on the receiving property.

This also is

to industries’

benefit in that it allows some atmospheric

attenuation of noise.

Originally,

the measurements were to be made on

or beyond the emitter’s property line which,

as brought out in the

initial hearings,

created problems of abutting compared with non—

abutting property.

The 25 foot provision is intended to set a lower

limit on the available atmospheric attenuation.

A good example is

a utility pole transformer located on an easement, classified as a

Class C noise emitter,

adjoining residential property.

In applying

Rules 202 through 207, sound pressure level measurements cannot be

taken closer than

25 feet to the transformer.

4)

Finally, the particular noise emitter is not exempted elsewhere

in

the

regulation.

Rule 202 governing sound emitted to Class A land during the daytime

hours received the most discussion during the hearings, being

—25—

8

—

727

---

the most stringent limit on noise emissions from existing sources

not covered by the impulsive or prominent discrete tone rules.

The

rule

establishes

separate

levels

of

noise

emissions

from

Classes

C,

B and A property-line-noise-sources with C emitting to A

(C/A)

being

the least restrictive and A emitting to A

(A/A)

the most restrictive.

The

additional

noise

emissions

permitted

for

Class

C

property

is

an

attempt

to

weigh

the

benefits

accrued

with

the

costs

for

noise

re-

duction.

The

regulation

establishes

sound

pressure

level

limits

for

nine

octave band center frequencies.

The

nine

octave

hands

cover

an

overall frequency range of 22.4

Hz

to

11,200

Hz.

The

overall

frequency

limits

represent the typical hearing range of peoria.

The characteristic shape of the sound pressure level limits

i.c~.

higher dB levels at low frequencies,

lower dB levels at high frcc~uc~-

cies

is

in

recognition

of

the

variation

of

an

ear’s

sensitivite’

to

sounds

of

varying

frequency.

In

this

regard,

the

limits

fol1o~

to

a

certain extent the A-weighting scale, with the addition

that

~ha

low

frequency

levels

are

further

limited

by

the

potential

for

the

vibration of structures.

The levels also correspond

rouqhly

to

the

Stevens

weighting

criteria,

which

is

based

on

subjective

loudness

or annoyance.

(EPA Ex.

2).

Thus, more factors are taken

into

account than would be the case if the regulation

was

based

solely

on A-weighted sound pressure levels.

The

specific

octave

band

limits,

if

weighted

using

the.

A

scale,are

equivalent

to

the

following

limits:

C/A

61

dBA,

B/A

55

dBA,

A/A 55 dBA.

Suggestions were made that the C/A limit be set at

70.

dBA based on preventing physiological damage to the ear; but

this

level was not felt to be proper based on the criteria of annoyance,

speech interference and expected community reaction.

The use of

A-weighting was also not considered apAropriate since the characteris-

tics of all possible noise sources

is so varied that the correlation

between A weighted sound levels and subjective reaction does

not

always hold true.

(EPA ~x.

2).

In discussing the numerical regulations,

it

is often convenient

to

talk in terms

of the A-Weighted

equivalents to the octave band

sound

pressure

levels.

The

Board

does

not

feel

that

a

regulation

based on dBA levels offers sufficient protection to the citizenry

but

as

a rough measure of noise emission levels,

dEA

measurements

may be helpful

in assessing,

on

a preliminary basis,

a potential

noise problem.

—26—

---

The following

table

summarizes the numerical regulations 202

through 205 in

terms

of the dBA equivalents.

Emitting Land Use

C

B

A

C

7~

receiving

equivalent

land

B

66

62

55)

dBA

use

levels

A(day)

61

55

55)

A(night)

51

45

45)

Based on the previous discussion of physiological and psychological

effects of noise, the protection to the citizen resulting from the regu-

lation of the numerical limits of Rules 202 through 205 can be specified.

As

a general statement the levels

are below those causing noise induced

hearing loss although the C to C

Limit

of

70 dBZ~is at

the.

threshold.

(EPZ~

(Ex.

53). Instead, protection is against unwarranted annoyance and speech

and sleep interference.

The 2rctection to be discussed

is based on

a

single noise emitter operating at the limits,

the presence of more

than

one

emitter

will

decrease

the

protection

provided.

In

addition,

special consideration of Rules 206

(Impulsive Noise)

and 207 (Promi-

nent Discrete Tones)

is necessary since they regulate special types

of noise.

The three rating criteria used in establishing the levels of pro-

tection are the preferred noise criterion

(PNC)

curves of EPA Ex.

108, the preferred speech interference level

(PSIL)

curves of

Table

18.1

of

EPA Ex.

7,

and ISO R1996

(included as part of EP~Ex.~LQQ~

It should be noted that the ISO document is suited to residential lands

impacted by noise and cannot be properly applied to emissions to class

B or class

C land.

The protection listed below follows the format

in

EPA

Ex.

107

“Rationale

for

Suggested

Levels”

but

with

different

results based on correspondence

with

the Agency

(Comments in Response

to

E.H.

Hohman,

Dec.

21,

1972;

Group Exhibit

129).

In particular,

the PNC curves apply indoors so that the octave band levels of

Rules 202 through 205 were decreased

by

10 dB to approximate the

attenuation of walls having open windows.

Rule 202:

Sound Emitted to Class A Land During Daytime Hours

Class

C Emitter

Moderately fair listening conditions.

Normal voice level speech

is possible at

6 feet

for males,

4 feet for females.

Raised voice level

speech is possible at

12 feet for males.

Widespread complaints could

result from these levels.

Class

B or A Emitter

Fair

to moderately good listening conditions,

Normal voice level

speech is possible at

13 feet for males,

8 feet for females.

Sporadic

comolaints could result from these levels.

--27-

8

—

729

---

Rule 203:

Sound Emitted to Class A Land During Nighttime Hours

Class C Emitter

Moderately good listening conditions

,

for conversing or listening

to radio or T.V.

Normal voice

level speech is possible at 20 feet

for males,

12 feet for females.

Widespread complaints could result

from these levels.

Class B or A Emitter

Moderately good listening conditions, for conversing or listening

to radio or

TV.

Normal voice level speech is possible in excess of

20 feet for both males and females.

Sporadic complaints could

result from these noise levels.

Rule 204:

Sound Emitted to Class B Land

Class C Emitter

For just acceptable speech and telephone communication.

Normal

voice level conversation

is possible at

3 to

4 feet for males,

2 ft. for females.

Raised voice level conversation

is possible at 7

feel

and

very

loud

voice

level

conversation

at

13

feet

for

males.

Class B Emitter

For just acceptable speech and telephone communication.

Normal

voice

level speech is possible at 6 feet for males,

3 feet for

females.

Raised voice level speech is possible at

12 feet for male~.

Class A Emitter

For moderately fair listening conditions.

Normal voice level

speech is possible at 13 feet for males,

8 feet for females,

Raised

voice level speech is possible in excess of

20

feet for males.

Rule 205:

Sound Emitted to Class C Land

Class C Emitter

For work spaces where speech or telephone communication is not

required.

Normal voice level speech is possible at 2.5 feet for

males, 1.5 feet for females,

Very loud voice level speech is possi-

ble at 10 feet for males.

Class B or A Emitter

For just acceptable speech and telephone communication.

Normal

voice level speech

is possible at

6 feet for males,

3 feet

for females.

Raised voice level speech is possible at

12 feet for

males,

—28—

---

Rule 206 Impulsive Sound

Rule 206,

(Impulsive sound) establishes sound emission limits,

in dBA,

that are 5 dBA more strict than the corresponding Rules 202 thru

205.

This penalty is based on the information presented earlier

concerning the relative annoyance of impulsive versus non—impulsive

sounds based on the work of Kryter,(EPA Ex.

110) and the ISO Recommen-

dation.

By imposing the

5 dBA penalty on impulsive sounds,

the

same protection is achieved as in Rules 202 through

205.

Rule 207 Prominent Discrete Tones

Rule 207,

(Prominent Discrete Tones)

establishes on a 1/3 octave

basis,

a penalty equivalent to

5 dB for sounds containing prominent

discrete

tones,

This

again

is

based

on

the

relative annoyance values

discussed earlier.

It appears from the regulation that

a 10 dB penalty

is being imposed, however, the band width for Rules

202 thru 205 is

an octave and for the prominent discrete tone measurement,

the

band width is 1/3 octave,

so that the difference in band widths alone

results in approximately

a

5 dB difference.

Thus the penalty imposed

is actually 5 dB and results in the same protection being achieved as

by Rules 202 thru 205.

Much more could be said about this

Rule, considering ‘the problems

in interpretation evidenced during the hearings.

However, the Bodeen

case showed that prominent discrete tones such

as transformer hum can

be annoying and should be regulated.

The complexities involved in the

definition of prominent discrete tones and their regulation result

from firstly, the problem of defining the response of the ear to

prominent discrete tones and secondly, the equating of subjective

reaction

to

these

tones.

This rule

is

actually

a

compromise

since

the prominent discrete

tones

are

not

regulated

with

respect

to the overall noise emission,

hut

instead

to

the

maximum

levels

permitted at the various frequencies

and land use classes.

This benefits low level noise emissionscon-

tain:teig

prominent

discrete tones which could otherwise be required

to

meet levels much lower than the regulation.

it

is obvious from

the

above discussion of Rules

202 thru 207

that

noise levels are not unduely limited in terms of interference with

normal existence.

The Regulations do not eliminate the presence of

environmental noise and

the limits could

justifiably

be

tightened

further in consideration of the adverse impact upon the receiver if

it were not for the resulting economic burden that would be imposed

on the noise emitter.

~e2O8Excetions

This

rule

contains

exceptions

to

the

application

of

the

numerical

limits

of

Part

2.

The

exceptions

result from evidence

submitted

by

the Agency and industry and recognize both the beneficial emissions

of noise

in

certain

instances as well as those areas of noise pollu—

tion best handled by local authorities or perhaps not at alL

Rule 208(a) exempts noise emissions from the following SLU~~4land

uses from Rules

202 through 207:

110

—

household units, 140—mobile

;jome parks,

190

—

other residential NEC,

691

—

religious activities,

—29--

8—731

---

7311

—

fairgrounds not used for automobile and motorcycle racing,

7421

—

playlots or tot lots,

7422

-

playgrounds,

7423

-

playfields

or athletic fields, and 7429

-

other playground and athletic areas NEC.

The exceptions

for SLtJCM codes

110,

140,

190 and 691 indicate noise

emission situations that can be better handled by the local authorities.

If no relief is available,

the Board through Rule 102 of this regulation

could act.The exception for fairgrounds recognizes

an activity occurring

for only short periods of time during the year.

It is important to note

that not covered by this exemption are automobile and motorcycle

races that may occur on fairground property.

Although one could argue

that automobile and motorcycle races on fairground property are already

covered under SLUCM code 7223 (racetracks), the term fairground to

many people implies a variety of activities.

The exceptions

7421,

7422,

7423 and 7429 are intended to apply to noise emissions from people

actively participating in sports activities or play.

Typical noise

emissions could include those of children playing or a sandlot base-

ball or football game.

The noise emissions

from spectator sports

is

not included in this exception but instead

is covered under SLUCM code

722 (sports assembly) which includes stadiums, racetracks,

and field-

houses.

In this

case,

the noise is not from the participating athletes

(except for racetracks) but instead from the crowd, public address

systems and promotor equipment such as organs

and whistles.

Rule 208(b) exempts warning and safety devices from the numerical

limits.

This was done because the social benefits far out-

weigh any annoyance and because the noise emissions occur

infrequently and usually for short durations.

It should be noted that

the exception would also cover the periodic maintenance and testing

of these devices.

Not covered by the exception would be devices whicl1

may in some ways be similar but which are used routinely In the cours~of

operation such as circuit breakers used for switchingelectrical power.

Rule 208(c) exempts lawn care equipment and farm machinery from

the numerical limits when they are used during the daytime.

A farmer

would still be subject to the niqhttime limits during nighttime hours and

would have to schedule his nighttime operations

so that they occur in

the interior of this property; any activities near his property line

would have to occur during the daytime.

Rule 208(d) exempts noise emissions from equipment being used

for construction.

This recognizes that specific regulations covering

these noise sources will be proposed in the future to the Board.

The

exemption refers to the use of the equipment so if similar equipment

is used for different activities, for example, surface mining!

the

exemption would not apply.

It is intended that blasting activities

related to construction, for example, sewer construction, would be

exempt from the numerical limits but would be covered both by Rule 102

plus future regulations covering construction noise.

—30—

8

—

732

---

Rule 208

(e) exempts

all existing noise sources from the

nighttime limits of Rule 203.

This exception is in response

to

arguments

from

continuous

2~ hour

a

da~ operations

such

as

refineries that do not have flexibility of operation to regu-

late noise emissions based on the time of day.

By adding

this exception,

the economic impact of the regulations is

lessened by an amount equivalent to a 10 dB reduction in noise

control

requirements.

New

sources

can

design

their

operation

and

position their noisy equipment

to meet the nighttime as well

as

the daytime

limits.

Rule

209 Compliance Dates

Although the Regulation becomes effective 10 days after

filing with the Secretar~io~State’s O~iice,Part 2 becomes

effective for existing noise emission sources only after a

minimum period of

12 months and in certain cases only after

3

years.

The delay in compliance allows industry to assess their