MOLINE
    4101
    FOURTH
    AVENUE
    MOLINE,
    ILLINOIS
    61~:6~-~fl
    PHONE 309-762-5506
    FAX
    309-762-5508
    March 16, 2004
    Ms.
    Marie E.
    Tipsord
    Hearing Officer
    Illinois Pollution Control Board
    100
    W. Randolph, Suite 11-500
    Chicago, IL
    60601
    Dear Ms.
    Tipsord:
    We have your Order R03-9 dated March
    8, 2004 regarding site-specific rules
    which relate specifically to forging companies
    in our case.
    In your order you
    have requested that we notify you as to the necessity for a change in the site-
    specific rule for Moline Forge or if the rule is no longer necessary.
    In our case, the Final Opinion and
    Order R83-33 dated December 20,
    1984
    is still
    required and critical for Moline Forge to operate at this location as we have since
    1918,
    eighty-six years ago.
    We are attaching a copy of the Final Opinion and
    Order from our file for your reference.
    It is our opinion that we are currently
    meeting the limits set by the Order in R83-33
    and that we would be unable
    to
    continue operations without the protection ofthis site-specific operational level.
    For further information or questions we can be contacted at the address and phone
    number shown above.
    President
    TGG:mm

    ILLINOIS POLLUTION CONTROL BOARD
    December 20, 1984
    ~N THE MATTER OF:
    )
    PETITION OF MOLINE FORGE
    )
    R83-33
    FOR A SITE-SPECIFIC
    )
    OPERATIONAL LEVEL PURSUANT
    )
    TO 35
    ILL. ADM. CODE
    901.105(d)
    )
    ADOPTED RULE.
    FINAL OPINION AND ORDER.
    OPINION AND ORDER OF THE BOARD (by J. Marlin):
    In its Proposed Opinion and Order
    of August 2,
    1984,
    the
    Board proposed to adopt a new rule,
    35
    Ill.
    Adm.
    Code 901.114.
    First notice of this proposal was piblished at 8
    Iii. Reg. 15274,
    on August
    24, 1984.
    The Administrative Code Unit submitted a
    comment on September
    10,
    1984, concerning Illinois Register first
    notice format.
    No other comments were received.
    The Board made
    a non-substantive change
    in the wording of the proposed rule.
    By order of the
    Board
    dated October
    10, 1984,
    the proposed
    rule was submitted to the Joint Committee
    on Administrative Rules
    (“JCAR”).
    JCAR second notice review commenced on October 22,
    1984.
    JCAR issued
    a Certification of No Objection to this rulemaking on
    November
    8,
    1984,
    ending the second notice period.
    This rulemaking was initiated
    on November 23, 1983, when
    Moline Forge petitioned
    for a site-specific operational
    level
    for
    its forging shop as an
    alternative to compliance with the noise
    limits contained
    in
    35
    Ill.
    Adm. Code 901.105
    (old Rule 206 of
    Chapter
    8).
    The Illinois Environmental Protection Agency (“Agency”)
    filed its response
    on January 24, 1984.
    A p.iblic hearing was
    held
    in Peoria,
    Illinois on March 12,
    1984.
    No members of the
    ç&iblic
    or press attended.
    This hearing was scheduled with three
    other similar
    forging noise cases involving central
    Illinois
    shops in order
    to conserve the time and funds
    of
    all the parties
    involved.
    A negative declaration was filed by the Illinois
    Department
    of Energy & Natural Resources on April
    27,
    1984.
    The
    Economic
    and Technical Advisory Committee concurred
    on July 18,
    1984.
    The Board appreciates the contribution of Kevin
    F. Duerinck
    who assisted
    in drafting this Opinion.

    2
    Section 901.105(d)
    allows an existing forging
    shop to petition
    the Board
    for
    a site—specific operational
    plan which will limit
    noise emissions from the shop.
    Petitioner nust demonstrate that
    it is technically and economically infeasible
    for its shop to
    meet the numerical limits.
    Petitioner must also propose measures
    to reduce impulsive noise where possible and assess the conse-
    quential health
    and
    welfare impacts on the surrounding community.
    Moline
    Forge
    is
    located
    at
    4101 Fourth Avenue, Moline,
    Illinois.
    Its complex, covers two square blocks.
    To the north
    are railroad tracks, residences and the Mississippi River.
    To
    the east and south
    are
    commercial
    and
    then residential property.
    To
    the
    west
    is scattered residential, commercial
    and industrial
    property.
    Significant
    noise
    sources
    in
    the area other than trains
    include trucks using Highway 92 just south of the forge.
    All the property surrounding the forge when
    it was built in
    1918 was vacant or used for farmland.
    The forge shop itself is
    marked as building X on Exhibit B to the petition.
    The building
    is 265
    feet long,
    120 feet wide and 55
    feet high.
    It produces
    mainly forgings
    for the agricultural
    industry.
    The forge shop
    contains nine forging hammers weighing 2,500 to 8,000 pounds
    apiece
    and
    nine furnaces.
    The heat from the
    furnaces, 2200°to
    2350°F, raises the temperature
    of the shop to 120°to 130°F.
    Windows and roll-open doors draw fresh air into the building
    and
    a new open roof system with two fans draws warm air
    out.
    When
    the outside temperature is over 100°F,
    the work force is composed
    of volunteers because temperatures inside
    are
    extremely hot.
    The forging hammers current .operate from 6:00 a.m.
    to 2:30
    p.m. five days
    per
    week.
    Historically,
    at peak capacity the
    hammers have operated two shifts from October
    1 through April
    30,
    from 6:00 a.m. until
    11:00 p.m.,
    five days per week,
    with oc—
    cassional work on Saturday from 5:00 a.m. until 3:30 p.m.;
    and
    one shift from May
    1
    through September 30,
    from 6:00 a.m. until
    3:30 p.m.
    five days
    per
    week with occassional work on Saturday
    from 6:00 a.m. until 3:30 p.m.
    At peak capacity 85 to 90 people
    were employed compared with the current 65 people.
    Moline Forge
    requests that it be
    allowed to operate its nine hammers six days
    per
    week,
    from 6:00 a.m. until
    11:00 p.m. Monday through Friday
    and from 6:00
    a.rn. until
    3:30 p.m.
    on Saturday (Petition at 10).
    Production decreased from 1980 through 1982 as will be
    shown
    by the table below.
    This resulted
    in less hammer blows
    and
    less
    impulsive noise.
    The decline is expected to level
    off in 1983.
    (Petition
    at’ 5).
    Total no.
    of
    No.
    of
    .
    Tonnage of all
    forgings on hammers
    b1ows/y~
    forgings
    1980
    1,015,000
    9,642,500
    4,060
    1981
    972,000
    9,234,000
    3,644
    1982
    558,000
    5,580,000
    2,790

    3
    /
    Permissible impulsive
    sound levels
    for existing forge shops
    are found in 35
    Ill. Adm.
    Code 901.105.
    The impulsive sound
    level
    emitted to residences (Class A land)
    cannot exceet 58.5
    Leg
    during
    the
    day
    or
    53.5
    Leq
    at night.
    As to commercial establishments
    (Class B),
    the level cannot exceed 64.5
    Leq.
    Based upon actual
    noise level
    measurements, Exhibit A to the petition shows that
    the maximum noise level
    is 70 Leq.
    Approximately
    418, residences
    potentially could be exposed to sound levels in excess of 53.5
    teq.
    The
    noise
    level
    and
    the
    number
    of
    residences
    exposed
    to
    a
    certain
    noise
    level
    vary
    depending
    on
    wind
    velocity
    and
    direction.
    Additionally,
    the nighttime violations would not occur if
    there
    was no nighttime shift,
    as in the present situation.
    Even though there
    are
    418
    residences theoretically exposed
    to
    the
    maximum
    noise
    level,
    there
    have
    been
    no
    noise
    complaints
    within
    the
    last
    eight
    years.
    When
    Moline
    Forge
    had operated late
    at night in the
    summer,
    it had received three complaints from
    residents.
    The complaints terminated once Moline Forge reduced
    its summer hours.
    Various measures have been proposed to reduce the sound
    levels at Moline Forge.
    The ETA report prepared in
    a prior Board
    proceeding
    (R76-14)
    suggested that sound barriers could be installed
    between the forge
    shop and Class A residents to reduce the sound
    levels.
    The author of this report was and is the sound consultant
    for Moline Forge herein.
    He stated at hearing that this report
    was compiled and suggestions made before
    he had ever seen the
    plant
    (Tr.
    33).
    Upon
    a tour of the plant he now states that
    installation
    of these barriers would impede
    and
    in
    some areas
    halt
    the
    flow
    of
    traffic
    to the forge shop
    (Exh.
    E to the
    petition),
    thus impairing productivity.
    He also proposed five
    measures that would reduce
    t-he sound levels from the forge
    shop
    by l7dBs (See Response filed 7/29/84), which included rebuilding
    the side walls with brick or glass block and enclosing the forge
    shop
    in
    a new warehouse.
    In addition, the forge
    shop roof will
    not accept the weight of additional
    fans and silencers (Exh.
    D
    to Petition).
    Moline Forge cites a cost of over $1 million for this project.
    The president of Moline Forge stated that it would have to shutdown
    operations
    if faced with such compliance costs
    (Tr.
    30).
    Moline Forge tried to control excessive noise at its forge
    shop.
    Warehouse and die storage buildings were built between the
    forge shop and Class A residences.
    This did not effectively
    reduce the noise level, however.
    Petitioner has continued to
    support the research conducted by the Forging Industry Education
    and Research Foundation.
    The
    Board
    will
    grant
    Moline
    Forge’s
    site—specific
    operational level
    for nine hammers,
    two shifts Monday through
    Friday and one
    shift on Saturday.
    The consultant does not fore-
    see any adverse health effects from 70 Leq (Petition at 32).
    The
    1~gencystates that there would be no danger of hearing loss to
    area residents (Agency Response at 4).

    4
    Although
    no
    specifiö
    numerical
    noise
    level
    limitations
    are
    being
    imposed,
    it
    is
    assumed
    that
    noise
    levels
    will
    approximate
    those testified to by Moline Forge and its witnesses.
    Moline
    Forge should make efforts to lessen noise levels
    in the future as
    equipment is replaced and new technology for noise suppression
    becomes available.
    In the event that noise levels from the forge
    shop
    become
    excessive,
    citizens
    have the right to initiate proceedings
    to change the rule which accompanies this opinion.
    The following operational plan as set out in the attached
    Order will
    be incorporated into 35
    Ill.
    Adm. Code 901.114.
    Moline Forge will
    be required to comply upon the filing of the
    rule
    with
    the
    Secretary
    of
    State
    of
    Illinois.
    ORDER
    The Board hereby adopts the following rule,
    to be codified as
    35
    Ill.
    Adm. Code 901.114,
    and instructs the Clerk to file this rule
    with the Secretary of State:
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE H:
    NOISE
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    PART 901
    SOUND
    EMISSION
    STANDARDS
    AND
    LIMITATIONS
    FOR
    PROPERTY
    LINE-NOISE-SOURCES
    Section 901.114
    Moline Forge Operational
    Level
    Moline Forge and future owners of the forging facility located
    at
    4101
    Fourth
    Avenue,
    Moline,
    Illinois,
    shall
    comply
    with
    the
    following
    site-specific
    operational
    level:
    a)
    Operate
    rio
    more
    than
    nine
    forging
    hammers
    at
    any
    one
    time;
    and
    b)
    Operate
    its forging hammers only between the hours
    of 6:00 a.m. until
    11:00 p.m. Monday through Friday
    and from 6:00 a.m. until 3:30 p.m.
    on Saturdays.
    IT
    IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that tl~eabove Opinion and Order was adopted
    on
    the
    ~
    day of
    ________________,
    1984 by a vote of
    /2?
    /L~J
    Dorothy M. (~‘nn, C1e~k
    Illinois Pol’lution Control Board

    fN THEMATTER OF:
    PROPOSED
    NEW
    AND UPDATED RULES
    FOR
    MEASUREMENT AND NUMERICAL
    SOUND EMISSIONS
    STANDARD
    AMENDMENTS TO
    35
    ILL.
    ADM.
    CODE
    901
    and
    910
    ILLINOIS POLLUTION
    CONTROL
    BOARD
    March
    8. 2004
    HEARING
    OFFICER
    ORDER
    )
    R03-9
    )
    (Rulemaking
    -
    Noise)
    )
    )
    The Board opened
    this
    rulemaking to propose updated regulations
    governing noise found
    in
    35
    III. Adm.
    Code Subtitle H, pursuant
    to
    Sections 27 and
    28 of the Illinois
    Environmental
    Protection Act,
    (415 ILCS
    5/27-5/28 (2002) and
    35
    III. Adm.
    Code Part
    102 Subpart
    B.
    On July
    1 0,
    2003, the Board
    proceeded to
    first notice in
    this
    proceeding.
    On March
    4. 2004.
    the Board
    determined that additional
    hearings should be held in
    this matter
    and as
    a result
    the first-notice
    would need
    to be republished.
    The Board
    further determined that administrative
    economy
    supports including
    the site-specific changes
    in the new first notice.
    In order
    to
    Fully address the issue ofsite-specific rules, all
    entities, which currently have
    site-specific rules.
    should
    notify the Board concerning the potential disposition oithe site-
    specific
    rule.
    For example, if the site-specific rule is no
    longer necessary. a public
    comment to
    the Board stating that position would suffice.
    If changes
    in
    the site-specific rule are sought,
    a
    more substantive
    comment or even testimony would be
    necessary to
    fully explain
    the change and
    the need for the change.
    Please contact the hearing officer for additional
    information at the
    address and telephone number below.
    The Board
    ~villhold
    an additional
    hearing in this
    matter.
    The specific dates and
    times
    for
    those hearings will
    be set
    forth in
    a future hearing officer order.
    IT
    IS
    SO
    ORDERED.
    Marie F. Tipsord
    Hearing Officer
    Illinois
    Pollution Control
    Board
    100
    West Randolph, Suite
    11-500
    Chicago, Illinois
    60601
    (312) 814-4925
    tipsom~
    i pcb ,state. i I.us
    E C
    •~
    CLEFK’S
    GF~CE
    200Li
    STi~TE
    CF (LUI4OIS
    FOilut~Con~rcl oaca

    ILLINOIS POLLUTION CONTROL BOARD
    March
    4, 2004
    IN
    THE MATTER OF:
    )
    )
    PROPOSED NEW AND UPDATED RULES
    )
    R03-9
    FOR MEASUREMENT AND NUMERICAL
    )
    (Rulemaking
    -
    Noise)
    SOUND EMISSIONS
    STANDARDS
    )
    AMENDMENTS TO
    35
    ILL. ADM. CODE
    )
    901
    and9lO
    )
    ORDER OF THE BOARD
    (by G.T. Girard):
    On, February 20, 2003, the Board offered this proposed rulemaking for public comment.
    The proposal updated regulations governing noise
    found in
    35 Iii. Adm. Code Subtitle H,
    pursuant to Sections 27 and 28 ofthe Illinois Environmental Protection Act, (415 ILCS
    5/27-
    5/28
    (2002) and 35 Iii. Adm.
    Code Part 102
    Subpart B.
    After two hearings the Board proceeded
    to first notice with this rulemaking on July
    10,
    2003.
    First notice was published on July
    25,
    2002.
    .27
    111. Reg.
    11908.
    On October
    16, 2003, the Board issued an order addressing five public comments.
    Those
    comments were
    from Scot Forge (PC 3), Vaughn and Bushnell Manufacturing (PC 4), Intermet
    DecaturFoundry (PC 7), Boughton Trucking and Materials Inc.
    (PC 6) (Boughton), and the’
    Illinois Association ofAggregate Producers (Association) (PC
    5).
    Boughton and the Association
    requested a third hearing and the Board agreed to hold a third hearing.
    The remaining three commenters sought changes in site-specific regulations governing
    the respective companies.
    The Board
    acknowledged áomments, however the Board noted that
    most ofthe relevant sections had not been noticed as a part ofthe first-notice required under the
    Illinois Administrative Procedure Act
    (5
    ILCS
    100/1-1
    et. seq.
    (2002)) (APA).
    Therefore, the
    newly suggested changes
    to relevant sections would require first-notice publication before the
    Board could proceed.
    To avoid undue delay in this proceeding, the Board encouraged the
    companies to petition the Board for site-specific changes in future rulemaking dockets.
    On February 9, 2004, the Board held a third hearing.
    Scot Forge presented testimony in
    support ofa change in
    the site-specific rule currently applicable to Scot Forge.
    Tr3 at
    5-10.
    Scot
    Forge also agreed to examine the opinion
    and
    order (Atlas Forging Division of Scot Forge R83-
    34
    (Dec.
    30,
    1984)) that granted the site-specific rule
    and
    to provide additional comment on the
    applicability and need for a site-specific change.
    The hearing officer noted at hearing, that prior to the hearing, the Association notified the
    hearing officer that the Association did not receive notice ofthe hearing
    and
    would be unable to
    attend.
    Tr.3
    at 30-31.
    The hearing officer stated that a review ofthe Board’s records indicated
    that notice had not been sent to the Association.
    Id.
    Instead ofseeking a postponement ofthe
    third hearing, the Association was willing to
    accommodate the Board and supply only written
    comments if sufficient
    time could be given.
    Id.

    2
    Under theAPA a rule cannot beadopted or filed more than one year after the first-notice
    period begins.
    5
    ILCS
    100/5-40(e). (2002).
    Ifthe Board gives the Association sufficient time to
    prepare written comments, the Board is unlikely to be able to
    complete this
    rulemaking under the
    APA timeframes.
    Therefore, the Board will need to restart the
    APA
    procedures for this proposal.
    The Board finds that administrative economy supports including the site-specific changes
    in the new first notice.
    Prior
    to publishing the proposal for a second first notice, the Board will
    hold two additional
    hearings, to
    ensure that a complete record is developed.
    The additional
    hearings
    and the second
    first notice will allow companies
    seeking a site-specific change to fully
    participate and to
    allow the Association the opportunity to testify.
    The hearing officer is directed
    to set those hearings.
    IT IS
    SO
    ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board,
    certify that the Board
    adopted the above order on March 4, 2004, by a vote of5-0.
    ~—.
    A.
    DorothyM.
    Gu.nn, Clerk
    Illinois Pollution
    Control Board

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