C. Errors caused by microphone placement
VI. Qualifications for noise measurement professionals
VII. CONCLUSIONS
ANNEX B

Membership Structure and Qualifications
Institute of Noise Control Engineering

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

2005

STATE

OF ~

POjI~ti~~

Controi Board

iN THE MATTER OF:

)

PROPOSED NEW AND UPDATED RULES

)

FOR MEASUREMENT AND NUMERICAL

)

R 03-09

SOUND EMISSIONS

STANDARDS

)

(Rulemaking

Noise)

AMENDMENTS TO

ILL. ADM. CODE

)

9O1AND91O

)

Comments

Dr. Paul Schomer, Ph.D., P.E.

Schomer

and Associates,

Inc.

I. Introduction

These comments focus on Illinois

Pollution Control Board’s (IPCB) proposal in this proceeding

to amend the noise measurement requirements.

They address five specific areas:

Common errors made by those inexperienced in the science ofnoise measurement

The implications ofthese errors for valid noise measurement and Board decision-

making.

How A-weighted measurements defeat many ofthe benefits of the IPCB rules,

and how they work to the disadvantage of those impacted by noise.

The importance ofspecifying procedures for noise measurement and the limited

value ofmeasurement equipment manufacturer instructions.

The importance ofensuring that noise measurement is performed by qualified

professionals.

II. Common errors made by those inexperienced in the

science ofnoise measurement

Errors in

measuring and/or accounting for the background.

The lay person does not understand or necessarily properly hear the background.

In one case in

Illinois, the complainant worked in an automobile body repair shop and had perhaps lost some of

his high-frequency hearing.

The complaint centered on air conditioner noise.

Complainant

alleged a nuisance violation ofthe IPCB rules and corroborated his complaint with

measurements made using

a Radio Shack sound level meter (SLM).

He measured an A-

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weighted level that registered in excess of44

dB, and used this measurement to allege a violation

ofthe

IPCB nighttime rules for noise emitted from

a Class

B to a Class A land use.

I was

retained by the defendant to make measurements in accordance with the IPCB rules.

The

octave

band measurement showed that:

The air conditioner noise was within the IPCB

limits, and

The

“offending” noise was insect noise at night in the 2 and 4 kHz octave band.

It is possible that the

complainant had

a hearing loss and could not hear the insect noise well

enough and/or that he was so focussed on the air conditioner noise that he ignored all else.

Absent the defendant hiring a professional and taking measurements according to procedures

designed to distinguish background noise, the decision-maker in that case would have been

misled by the complainant’s purported measurements.

Errors in measurement caused by wind-induce noise

The lay person does not understand the role that wind-induced noise makes on SLM

measurements.

In an out-of-state lawsuit, plaintiffs made measurements using

a Radio Shack

SLM and alleged that impulse noise levels, maximumfast, frequently exceeded 80

dB(A).

Figure

shows the A-weighted maximumfast level versus wind gust speed for an SLM both

with and without a windscreen.

Winds were

to 10 mph on the day that plaintiffs made their

measurements.

The Radio Shack meters do not come with

a windscreen, have no provision for

adding

a windscreen, and do

not mention

a windscreen in the instructions.

As Figure

shows,

the alleged noise measurements were easily the result ofwind gusts.

100

—

Windscreen

~ With Windscreen

Figure

Wind noise versus wind

speed for the conditions indicated.

Max Wind Gust (mph)

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C. Errors

caused by microphone placement

The layperson does not understand the role that reflecting surfaces have on noise measurements.

In an out-of-state lawsuit, plaintiffs made measurements using a Radio Shack SLM and alleged

excessive noise levels.

Forone measurement, the meter was set on the front porch, and in

another case the meter was set on a patio

table.

The Radio

Shack instructions did not adequately

address the

significance ofmeasuring in these different situations, thus the lay person had no

knowledge that

a porch, especially in the lower frequency bands, the reflections from walls

and floor will increase the measured sound level by

0 to

dB.

III. The

implications ofthese errors for valid noise measurement and Board decision-

making.

How is the

IPCB

know

that measurements alleged to originate from an

air

conditioner actually

have their source

elsewhere in the ambient environment?

How is

the Board

alerted to the

presence ofother ambient noise sources? If alerted to the issue, how is the Board to separate

wind-induced noise from real noise--after the

fact?

Wind in Illinois

is such that it is virtually

impossible

to make noise measurements without a windscreen.

How is the Board

to evaluate

microphone placement--after the fact?

What is the “correction”

to apply for a poor choice of

microphone placement?

Is it 3

dB,

12 dB, or even 18dB?

What effect

does the

electronic

noise floor ofthe

Radio Shack SLM have on the efficacy ofthe measurements?

The noise floor

is specified as 50

dB, so it is unlikely that it is low enough to measure the nighttime level of44

cIBA.

Given these manifold problems (the above are just

a few examples), it is my opinion that

purported evidence ofnoise emissions measuredby

a lay-person using

a Radio Shack or any

other handheld A-weighted measuring device

is inherently unreliable and may not even be “in

the ball park” in terms ofproviding the Board

with a sense ofnoise levels in a nuisance case.

The presumption that the Board review process can elicit any problems in such measurements is

a precarious basis for rejecting the adoption ofexplicit noise measurement standards for nuisance

noise cases.

IV.

How A-weighted measurements defeat many ofthe benefits of the IPCB

rules and

actually work to the disadvantage of those impacted by noise.

Allowing

lay

person

to make, hand-held,

A-weighted measurements

does

disservice

to the

rules and to the noise receiver.

There is

a trade-offbetween complexity ofrules

and efficacy of

the regulations.

The Illinois rules are more complex than some other state rules, but, as a result,

are more useful

and protective.

Manyjurisdictions use

a simple A-weighted measure for their

limit.

This

is less protective because it basically ignores the low and high

frequencies relative to

the middle frequencies, and because correction for the ambient can lead to substantial errors in

results.

Table

I list the Illinois nighttime

C to A limits, the A-weighting for each respective

octave band, and the resulting A-weighted limit by octave band.

Forthis situation, 51

dB(A) is

the “screening” limit, but it is only really applicable to

a broadband source that has most of its

energies in the middle-frequency bands.

Ifthe actual source exists only in one octave band, then

the fourth row in Table

I gives the amount

by which the A-weighted screening tool fails

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assess the true IPCB limit.

Table 2

shows that essentially the same result ensues for the

nighttime

B to A limits.

In both cases, simple, A-weighted screening fails to detect the spectrum

of true noise, and thus,

in some situations, true noise problems, by the amounts shown in line

of the tables, the “limit difference” line.

Band

 31 Hz

 63 Hz

 125 Hz

 250 Hz

 500 Hz

 1kHz

 2 kHz

 4kHz’

 8 kHz

Limit

A-weighting

-40

-26

-16

-9

-3

0

1

1

-1

A-weighted limit

Limit

difference

7

10

14

18

20

Table

Nighttime C to A fiat- and A-weighted limits.

The fourth

row contains the difference

between the 51

dB(A) “screening” value and the corresponding A-weighted octave-band limit

values.

Band

 31 Hz

 63 Hz

 125 Hz

 250 Hz

 500 Hz

 1kHz

 2 kHz

 4 kHz

 8 kHz

Limit

A-weighting

-40

-26

-16

-9

-3

-1

A-weighted limit

Limit

difference

Table

Nighttime B to A flat- and A-weighted limits.

The fourth row contains the difference

between the 44 dB(A)

“screening” value and the corresponding A-weighted octave-band limit

values.

In one case

outside Illinois, the measured

factory

noise and ambient noise both measured about

the same A-weighted level.

So “correcting

for the ambient” left no significant factory noise.

However, octave-band measurements showed that the ambient bird noise was at I to 2 kHz while

the factory fan

noise was at

125 to

500 Hz.

Under the Illinois rules, the factory noise was

excessive and easily separable from the ambient.

But a simple “A-weighted”

measurement

would totally fail

to reveal this.

Because measurements made with

simple,

hand-held instruments

providing only A-weighted

measurements fail to address the spectrum

of octaves covered under the Illinois noise standards,

they create a misleading picture ofnoise emissions and the contribution ofindividual noise

sources.

To the extent that the Board

allows such evidence into the record without requiring a

party to demonstrate its accuracy under the same

standards applied to prove numeric violations,

the Board’s entire decision-making process in

a nuisance case may be tainted by misleading

information.

V. The importance ofspecifying procedures for noise measurement and the limited value of

measurement equipment manufacturer instructions

Standards

exist so that within a reasonable

degree

ofscientific certainty,

two

people can

make

the same measurement on the same source

at approximately the same location and achieve the

same result within a

stated tolerance.

The measurement is then replicable

and verifiable.

Use of

4

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standards

is fundamental to noise measurement.

If one party does not use standard procedures

and standard equipment, then there is no possibility to

scientifically state a tolerance to the

measurement.

In the area ofnoise, consensus standards are readily available for instrumentation

(e.g., ANSI S 1.4), for general measurement procedures (e.g., ANSI S 1.13), and for short-term,

background-corrected measurements with an observer present (e.g., ANSI S 1.9

Part 3).

Unless

these Standards are

followed, the

IPCB has no valid scientific method by which to assess the

accuracy of data submitted to it.

Manufacturer’s instructions are no substitute

for clearly stated regulatory standards, such as those

currently contained in the Illinois

EPA’s regulations at 35111. Adm. Code

951

and now proposed

to be incorporated in

Board

regulations

but

not

applied in nuisance cases.

As discussed above,

the “instructions” accompanying a Radio Shack SLM do not address many key factors affecting

noise measurement.

The meter does not meet the ANSI (or fEC) requirements, and, as noted

above, does not even include

a windscreen.

What good is it to follow

such “instructions.”

While

it is certainly good practice to follow the manufacturer’s guidance and instructions, to my

knowledge, no manufacturer’s instruction manual

comes close to providing the procedures and

information given in ANSI Si .13 and S 12.9 Part3,

and incorporated in theproposed Part 910 of

the Board’s rules.

In my opinion, the Board should use this rulemaking to make the standards for accurate

measurement

clear

—

forboth numeric and nuisance cases.

It is not enough to state that the

Part

.910 rules can be looked to as guidance

—

but the only requirement in

a nuisance case is to follow

“manufacturer’s instructions.”

VI.

Qualifications for noise

measurement professionals

The

Board has

viable

options

terms

of identifying

qualified

noise

professionals.

The

most

certain choice is

require that measurements be supervised by

an individual who is

a Member,

Board

Certified, of the Institute of Noise Control Engineering of the USA,

Inc.

(INCE/USA).

INCE/LJSA

a non-profit

technical

society

(IRS

509

(c)

(6))

dedicated

the

furtherance

noise

control

engineer.

The

INCE/USA

business

office

is at Iowa

State University.

About

percent

of the

INCE/USA

membership

are

Board

Certified.

Certification requires

education,

several years

of experience, passing a rigorous

8-hour exam, and periodic professional

activities

for maintaining

Certification.

The

following

from

the

INCE/USA

Laws

(Annex

contains a bit more detailed information):

25.

Board Certification

Noise

Control Engineering

applicant

for

board

certification

shall

enrolled

the

roster

the

Institute

as an INCE Member.

2. An applicant shall be ofgood moral character, shall furnish evidence of eight or

years of practical

experience

the

field of noise

control engineering,

and

shall

pass

the

eight-hour

ThJCE

Professional

Examination

demonstrate

competence in the field of noise control engineering.

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3. A Certification Board, comprised of INCE Members, Board

Certified, shall be

appointed

by the

INCE Board of Directors

approve

all

applications for board

certification.

The

Board

of Directors

shall

establish

requirements

for the maintenance

board certification by the Institute.

The

requirements

for

becoming

INCE/USA

Member,

Board

Certified

insures

that

the

individual

understands

the

physics

and

mathematics

of acoustics

along

with

the

engineering

methods ofnoise measurement, control, and mitigation.

a lessor

option,

the

Board could require

only that the person

supervising the

measurements

be:

(1) a member of INCE/USA (see attachment for INCE

membership information) and/or (2) a

full

member

the

Acoustical

Society

America

(ASA)

(see

Annex

B).

With

such

requirement,

it is likely

that the

individual has

some working knowledge

of the mathematics

acoustics

and

of acoustical measurements.

Individuals

who

are

members

of INCE/USA

will

have their focus

on noise issues while

full members

of the ASA span

broad areas

from musical

acoustics,

through

speech

and hearing, to

underwater

acoustics, but

they also include

members

interested in noise.

A variant

on this lessor

option would

require

that

measurements be

conducted by

firm

that

member

of the

National

Council

of Acoustical

Consultants

(NCAC)

(see

attached

NCAC Canon ofEthics).

From the above, it should be clear that the Board has viable options for:

Being

certain

the

qualifications

those

who

perform

measurements

(i.e.,

individual supervising measurements is an INCE/USA Member, Board Certified)

Screening

those

who

perform

measurements

(i.e.,

individual

supervising

measurements is

a member of INCE/USA or

a full member of ASA

and/or the

firm

a member of NCAC).

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VII. CONCLUSIONS

From the above

it is clear that:

Given the many ways that acoustical measurements can be done incorrectly, especially by a

lay person using non-standard

equipment,

is not possible to see how the Board can use any

lay-person-measured A-weighted levels with a reasonable degree of scientific certainty.

The use of lay person

measured data

creates

an added burden

for the

defendant of showing

the lay

person’s

errors

in collecting

and interpreting those

data.

This

added burden

should

not exist since the likelihood of lay person measurements being accurate within a reasonable

degree of scientific certainty is practically zero.

The

IPCB

should

disallow

the use of simple,

hand-held,

A-weighted measurements

rather

than encourage them because they do a disservice both to the efficacy of the rules and to the

protection of those truly impacted by noise.

Standards

are

readily

available

for

instrumentation

(e.g.,

ANSI

Sl.4),

for

general

measurement

procedures

(e.g.,

ANSI

SI.13),

and

for

short-term,

background-corrected

•

measurements with

an observer present (e.g., ANSI

S1.9 Part 3).

The Board should require

•

the

use. of

these

standards

for

all

measurements.

There

really

is no

substitute

for

clear,

uniform standards.

The

Board

should

apply

one

of the

following

two

options

for

objectively

assessing

the

qualifications of those who perform acoustical measurements.

certain of the

qualifications

of those

who perform

measurements

the

Board

should

require

that

the

individual

supervising

measurements

INCE/USA

Member, Board Certified.

screen

those who perform

supervise

measurements the

Boards

should

require

that these

individuals be

a member

of INCE/USA

or a

full

member ASA

and/or that

the

firm

be a member of NCAC.

Date:

May

26,

2005

Submitted

by:

G~a~L

IcLr~~

Dr. Paul Schomer, Ph.D., P.E.

Schomer and Associates, Inc.

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ANNEX A

INCE/USA BOARD

CERTIFICATJON IN NOISE

CONTROL ENGINEERING

fl’~CE

Member who

desires

Board

Certification

in Noise

Con.trol

Engineering

the

Board

of Directors

~NCE/1JSA

shall:

be enrolled on

the roster of the Institute as an

INCE Member;

complete and

sig1~an

application for Board Certification in Noise

Control Engineering, affix

recent head

and

shoulders

photograph

and

mail

the

INCE

Membership

Secretariat

together

with

the

fee

stated

the

application

in USD by

check or credit card to cover

processing; the

information required by

subparagraph (d) below

must be presented in complete

and verifiable detail;

request

five personal

references

familiar

with

the

applicant’s professional

qualifications

and

experience

attest

the

applicant’s

experience

the

field

noise

control

engineering

completing

INCE

confidential

reference

forms;

the

forms

shall be

mailed

directly to the

~NCEMembership Secretariat where

they

will be treated

in strictest confidence.

Of the five references, at

least three of the references must be INCE members,

including two

members

who

are

Board

Certified.

than

two

references

from

single

firm

will

accepted,

and

individuals for whom

the

applicant has

completed

confidential

reference

form

(on

an INCE

Board Certification

application) are

not eligible

to serve. It

the

responsibility of the

applicant to ensure

that the

individuals

chosen

confidential references meet these requirements

and that

all

five reference

forms

are

returned to the

INCE Business

Office by the

filing deadline;

means

of an

updated

curriculum vitae andlor other appropriate documentation, furnish

evidence

of at

least

eight

(8)

years

experience

noise

control

engineering;

experience

may

involve

research,

teaching,

professional practice,

or any combinations thereof, and

may

include

the

control of noise

(and associated

vibration)

produced

commercial products,

transportation vehicles or

industrial plants;

noise

(and associated

vibration)

buildings;

the

development

special

instrumentation,

measurement

and

analysis

techniques,

facilities

and

equipment;

teaching,

consulting,

research

and supervision

of professional activities

in noise

control engineering.

baccalaureate

degree

from

college

university

which

has

ABET-

ACSA-

accredited

engineering

architecture program maybe counted as

equivalent to three (3) years of experience.

Credit of an

additional

one year

may be granted for satisfactory completion

of a

postgraduate

acoustics-related

degree from

accredited

college or

university graduate

program;

complete

the

INCE

Professional

Examination

with

satisfactory

grade

determined

the

INCE

Certification

Board;

the

INCE

Professional

Examination

evaluates

the

applicant’s

detailed

knowledge

and

experience

in noise

control

engineering

applications, as

well

the

ability

of the

applicant

to assume

senior-level

professional responsibilities

in the practice of noise

control

engineering; the

examination

is of eight

hours

duration.

When the requirements

of paragraphs b), c),

and

e) above are

complete,

the

Certification

Board

chaired

the

INCE

Vice

President-Board

Certification

shall

review

each

application

dossier

and

vote

acceptance

rejection of the application.

Upon

majority vote

of the

TNCE

Certification Board for acceptance of an application,

the

Certification Board’s recommendation will be

forwarded

to the

INCE

Board of Directors for final approval as a

Board Certified Member.

The ThJCE President will advise

the

successful applicant in writing of his/her

board certification.

Members of

the

Institute

who

are

Board

Certified

Noise

Control

Engineering

may

use

the

abbreviation

“lNCE.Bd.Cert.”

following

their

names

professional

correspondence,

calling

cards

and

curriculum

vitae.

other

abbreviations are authorized.

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ANNEX B

ACOUSTICAL

SOCIETY

AMERICA

REQUIREMENTS

FOR

FULL

MEMBERSHIP

“Full Member:

Any

individual

working

acoustics

or related

field,

with

academic

degree

with

specialization

acoustics

field,

with

equivalent

professional

work

experience

acoustics,

may

apply

for

full

Membership.”

Note:

Membership application requires the signatures of

two

references who are full members or

fellows

the

Acoustical

Society

America.

The

application

requests

information

professional experience and contributions to the field of acoustics.

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Membership

Structure and Qualifications

Institute of Noise Control Engineering

GENERAL

This

statement

describes the

membership

structure of

the Insti-

tute

Noise

Control

Engineering

the

United

States

America,

Inc.

(INCE/USA).

The

qualifications

and

require-

ments for membership

are

defined,

as well

the

procedures to

followed.

Individuals

having

professional responsibilities or

an interest in noise control

engineering

any level

may partici-

pate in the

activities

of the

Institute.

One of the goals

of the In-

stitute

is to include

within

the

organization a broad representa-

tion of individuals

who

have a professional interest

in research,

in teaching, and

in engineering applications

involving

all

aspects

noise

control.

The

roster

the

Institute

includes

INCE

Members,

INCE Distinguished

International Members and TNCE

Associates.

individual

interested

in full

INCE

membership

first

enrolls

as an INCE

Associate, and

then makes

application to

become

INCE

Member.

INCE

Member

may

also

Board

Certified

Noise

Control

Engineering by

the

Board

Directors

of the

Institute.

TNCE

Distinguished

International

Members

are

elected

from

among

distinguished

noise

control

engineers who

reside

outside the

U.S.A.

INCE Associates may

remain in that status ifthey

not choose to apply

for full INCE

membership.

The

two

basic

requirements

for

individual

advance

from

~NCE Associate

status

full

membership

TNCE/USA are

that

the

applicant:

(1) have earned a baccalaure-

ate (or equivalent four-year

academic degree), or higher degree,

from

qualified program

in engineering,

physical

science,

architecture

offered

accredited

university

college,

have had

least

one sole-author paper or

two

first-author papers

published

in or

accepted

for

publication

the

Noise

Control

Engineering .lournal;

and

(2) have instructed, or have enroled

and

achieved

grade

“B”

better

in,

least

one

full-

semester (i.e. three credit

more) course

of instruction offered

accredited

university

college

devoted

the

physical

principles of acoustics,

have

demonstrated

least five

years

experience

noise

control

engineering

involving

research,

teaching, professional practice or any

combination thereof.

Both

requirements

must be

satisfied.

satisfactory

grade

the

INCE

Fundamentals

Examina-

tion,

grade

“B”

better for completion

of a

course, ap-

proved

the

Membership

Committee, on

the

fundamentals

noise

control

engineering, may be

considered

sufficient for elec-

tion to membership

in lieu

one

both

of the

basic

require-

ments above.

II.

INCE ASSOCIATE

To become an INCE Associate,

the applicant shall:

affirm an interest in noise

control engineering;

complete

and

sign an

INCE

Associate

form, pay

the annual

INCE Associate fee

as prescribed by the ITNCE bylaws, and

send

the form and payment to the Membership Secretariat, Institute of

Noise

Control

Engineering,

212

Marston

Hall,

Iowa

State Uni-

versity,

Ames,

50011-2153.

Telephone:

(515)294-6142;

FAX:(515)294-3528;

e-mail:

ibo@inceusa.org.

Upon

receipt

and

review

the

application

the

1TNCE

Membership Secretariat,

the

applicant will be notified

in writing

of his/her acceptance as

an INCE Associate.

III.

INCE MEMBER

become an INCE Member, the applicant shall:

enrolled

on the roster of the

Institute as

an INCE Associ-

ate;

be of good

moral character;

complete

and

sign

an INCE Member

application

form

and

mail to the

INCE Membership Secretariat together with any sup-

porting

material

the

applicant

wishes

submit

(e.g.,

current

curriculum

vitae,

description

acoustics

courses

taken,

etc.);

the

application

form

requires

that

1NCE

Member sign

the

form as

the

applicant’s endorser;

the

applicant

is responsible for

obtaining this

signature.

Based

the

information

contained in 3)

above, the

INCE

Board

of Directors

or a

committee

board designated by

the

Board of Directors will

approve

all

applications

for member-ship

based

the

basic requirements

stated in section

Applicants

who

are

considered

deficient by

the

Membership

Committee in

satisfying the

two

basic requirements of section

shall be

given

the

opportunity to take a two-hour INCE

Fundamentals Exami-

nation.

The

purpose of the

examination

is to evaluate

the appli-

cant’s knowledge of the

fundamental principles of acoustics

and

noise

control

engineering.

satisfactory

grade

the

INCE

Fundamentals Examination,

or a

grade of

“B”

better for com-

pletion of a

course, approved by

the Membership Committee, on

the

fundamentals

of noise

control

engineering,

may

consid-

ered

sufficient for

election to membership in lieu

of one or both

of the

basic requirements

stated

in Section

Upon election

to full Member status by

the

INCE

Board of

Directors,

the

TNCE

Membership

Secretariat

will

inform

the

applicant in writing of his/her

election.

Duly

elected

full Mem-

bers of the

Institute may

use

the

letters

“ITNCE”

following their

names in professional correspondence,

on business cards,

and in

curriculum vitae.

other abbreviations are

authorized.

IV.

BOARD

CERTiFICATION

NOISE

CONTROL

ENGINEERING

INCE

Member

who

desires

Board

Certification

in Noise

Control

Engineering

the

Board

Directors

of INCE/USA

shall:

be enrolled

the

roster of the

Institute as

an INCE Mem-

ber;

complete and

sign

application

for Board

Certification in

Noise

Control

Engineering,

affix

recent

head

and

shoulders

photograph and

mail

the

INCE Membership

Secretariat to-

gether with

the fee

stated

the

application

in USD by

check or

credit card

to cover processing; the

information

required

by sub-

paragraph (d)

below must be presented

in complete

and

verifi-

able

detail;

request five personal references

familiar with the

applicant’s

professional

qualifications

and

experience

attest

the

appli-

cant’s

experience

the

field

noise

control

engineering

completing

1NCE

confidential

reference

forms;

the

forms

shall

mailed

directly to the

INCE

Membership

Secretariat where

they

will be

treated

strictest

confidence.

the

five refer-

ences,

at least

three

of the

references

must

1NCE

members,

including two

members who

are Board

Certified.

more than

two references

from

a single firm

will be

accepted, and individu-

als

for whom the

applicant has

completed

confidential refer-

ence

form

(on

an INCE Board Certification

application) are

not

eligible to serve.

is the responsibility of the

applicant to ensure

that the

individuals

chosen

confidential references

meet these

requirements and

that

all

five reference forms

are

returned to the

INCE Business Office by the

filing deadline;

means

of an

updated curriculum

vitae and/or

other ap-

propriate

documentation,

furnish

evidence

of at

least

eight

(8)

years of experience in noise

control

engineering; experience may

involve

research, teaching,

professional practice,

or any combi-

nations thereof, and

may

include the

control of noise

(and asso-

ciated

vibration) produced

commercial

products, transporta-

tion vehicles or industrial plants; noise

(and associated vibration)

in buildings;

the

development

of special

instrumentation, meas-

urement

and

analysis

techniques,

facilities

and

equipment;

teaching,

consulting,

research

and

supervision

of professional

activities

in noise

control

engineering.

baccalaureate

degree

from

college

university

which

has

ABET-

ACSA-

accredited

engineering

architecture program may

counted

equivalent to three (3) years ofexperience.

Credit of an

addi-.

tional one

year

may

be granted

for satisfactory

completion

of a

postgraduate acoustics-related

degree

from an

accredited college

or university graduate program;

complete the

INCE

Professional

Examination

with

satis-

factory

grade

determined

the

TNCE

Certification

Board;

the

INCE

Professional

Examination

evaluates

the

applicant’s

detailed knowledge and

experience

in noise

control

engineering

applications,

well

the

ability of

the

applicant

to assume

senior-level

professional responsibilities in the

practice of noise

control

engineering; the examination

is of eight hours

duration.

When the requirements

of paragraphs b),

c),

d) and

e) above

are

complete,

the Certification

Board

chaired

the ~NCEVice

President-Board

Certification shall review

each

application dos-

sier and

vote on

acceptance or rejection of the

application.

Upon

majority vote

of the

INCE

Certification Board

for acceptance

of an

application, the

Certification

Board’s recommendation

will

forwarded

to the

TNCE Board of Directors

for

final

approval

as a Board

Certified Member.

The INCE

President

will advise

the

successful

applicant in

writing of his/her

board certification.

Members of the

Institute

who

are

Board

Certified

in Noise

Control Engineering

may

use

the

abbreviation “rNCE.Bd.Cert.”

following their

names in pro-

fessional

correspondence,

calling

cards

and

curriculum

vitae.

other abbreviations are authorized.

INCE DISTINGUISHED INTERNATJONAL MEMBER

The status of

INCE

Distinguished International

Member is

con-

ferred by

the

1NCE

Board

Directors upon

eminent

acousti-

cians who

reside outside the

U.S.A.

This

distinguished, honor-

ary

status

conferred

upon

individuals

who

have

personally

made

extraordinarily

significant

contributions

the

theory

and/or practice of

noise

control

engineering.

Nominations

are

submitted

by a committee

of peers who

are

active in noise con-

trol engineering in the

country of the

proposed nominee.

Appli-

cations not being accepted, the

only path to INCE Distinguished

International

Member

status

peer

group

recognition

and

nomination.

Nonetheless,

full

Membership

INCE/USA,

well

Board

Certification

Noise

Control

Engineering,

available

all

individuals

who

meet

the

requirements of Sec-

tions III

and

above,

regardless

of nationality or

country of

residence.

TNCE

Distinguished

Corresponding

Members

are

entitled

use

the

abbreviation

“INCE.Dist.Intn’l.mem.”

fol-

lowing

their

names

in professional

correspondence,

calling

cards

and in curriculum vitae.

VI.

ANNUAL

FEE

The 2004

annual

fee

for INCE

Associates, Members and Distin-

guished International

Members is USS

95.

All receive

annual

membership directory,

Noise/News

International

(quarterly) and

Noise Control

Engineering Journal

(bimonthly).

Postal charges

for

delivery

outside the

U.S.A.

are

assessed

in addition

to the

USS

fee.

all

other countries,

it is US$25.00.

VU.

STUDENT ASSOCIATES

Full-time

students

enrolled

engineering, physics

or architec-

ture

college

or university

having

least

one

ABET-

ACSA-accredited

program,

may,

upon

completion

of the

appli-

cation

procedure of

Section

II above

and

submission

of certifi-

cation

that

they

are

enrolled

their

academic

institutions, be-

come INCE Associatesfor

an annual

fee

of $20

VIII.

EXAMINATION

FEES

There is no

fee for either the

INCE

Fundamentals

Examination

the INCE

Professional Examination when these examinations

are

taken

offered, which

least

once annually in conjunc-

tion

with

regularly-scheduled

NOISE-CON

conferences

INTER-NOISE congresses

held in North America.

Any

requests

for special

offerings

of INCE examinations

require

the

approval

the

INCE

Vice

President-Membership

the

1NCE

Vice

President-Board

Certification,

appropriate,

via

the

~NCE

Membership

Secretariat.

Such

special

offerings

require

that

there be

reasonable number of candidates to take the examina-

tions

the

proposed

time and

location.

addition,

candidates

for specially scheduled 1NCE exams will

required to prepay a

special

examination

fee

to defray

the

expenses

of preparing and

administering the

examinations.

MEMBERSHIP SECRETARIAT

Information

all

matters

relating

membership,

including

application

forms

for INCE Associates and INCE Members,

and

for

Board

Certification

in Noise

Control

Engineering,

may

obtained by contacting:

Membership Secretariat

Institute

Noise Control Engineering

212 Marston Hall

Iowa State University

Ames, IA 50011-2153, USA.

Telephone:

(515)

294-6142; FAX:

(515)

294-3528.

E-mail:

ibo®inceusa.org.

NATIONAL COUNCIL OF ACOUSTICAL CONSULTANTS

CANON OF ETHICS

PREAMBLE

Acoustical

consulting

important

and

learned

profession.

The

members

of the profession

recognize

that their

work has

direct and vital

impact on the quality

of life for

all

people.

Accordingly, the services provided by acoustical

consultants

require

honesty,

impartiality,

fairness

and

equity

and

must

dedicated to

the protection

of the

public

health,

safety

and

welfare

in the practice

of their profession.

Acoustical

consultants must perform

under

standard

of professional behavior which requires

adherence to the highest principles of ethical conduct

behalf of the public,

clients,

employees

and the

profession.

 Fundamental Canons

Acoustical

consultants,

in the fulfillment of their professional duties, shall:

Hold paramount the safety, health

and welfare of the public in the performance of their professional duties.

Perform services only

in areas

of their competence.

Issue public statements only

in an objective and

truthful manner.

Act in

professional matters for each client as faithful agents or trustees.

Avoid improper solicitation of professional assignments.

II.

Rules

Practice

Acoustical consultants shall hold paramount the

safety, health and welfare of the public in the performance of their

professional duties.

Acoustical

consultants

shall

all

times

recognize

that

their

primary

obligation

protect

the

safety,

health,

property

and

welfare

the

public.

their

professional

judgment

overruled

under

circumstances where

the

safety,

health,

property

or welfare

of the

public

are endangered,

they

shall

notify

their client and such other authority as may

be appropriate

Acoustical consultants shall approve only acoustical consulting

work which,

to the best of their

knowledge

and

belief,

safe

for

public

health,

property

and

welfare

and

conformity

with

accepted

standards.

Acoustical consultants

shall not reveal facts, data or information

obtained in a

professional

capacity

without the proper consent

of the

client except

as authorized or required by law or these Guidelines.

Acoustical

consultants

shall

not

permit

the

use

their

name

firm

nor

associate

business

ventures with any person or firm

which they have

reason to believe is engaging in fraudulent or

dishonest

business or

professional practices

Acoustical

consultants having

knowledge of any alleged violation

of these Guidelines shall

cooperate

with

the proper authorities in furnishing such information or assistance as may be

required

Acoustical consultants shall

perform services only

in the areas

of their

competence

Acoustical

consultants

shall

undertake

assignments

only

when

qualified

education

experience

the specific technical fields involved

b. Acoustical consultants shall

not affix their signatures to

any plans or documents dealing with

subject

matter

in which they

lack competence nor to any plan or document not prepared under their direction

and

control.

NCAC Canon of Ethics

Page 2

Acoustical

consultants

may

accept an

assignment outside

of their fields

of competence to

the

extent

that

their services

are

restricted to those phases of the project

in which they are qualified and to the extent that

they are

satisfied that all

other

phases

of such project

will be

performed

registered

otherwise

qualified

associates, consultants or employees, in which case they may then sign the documents for

the

total

project.

Acoustical consultants shall issue public statements only

an objective and truthful manner.

Acoustical consultants shall be objective and truthful in professional reports, statements or

testimony.

They shall include all relevant

and pertinent

information in such reports, statements or

 testimony.

Acoustical

consultants

may express

publicly a

professional opinion

technical

subjects

only when

that

opinion is founded

upon adequate knowledge of the facts and competence

in the subject matter.

Acoustical consultants shall issue no statements, criticisms, or arguments on technical matters

which are

inspired

paid

for

interested parties,

unless they have

prefaced their

comments

explicitly

identifying

the interested parties

on whose

behalf they are speaking and by revealing the existence of any

interest

they

may have

in the matters.

Acoustical consultants shall act

in professional matters for each client as faithful agents or trustees.

Acoustical

consultants

shall

disclose

all

known

potential

conflicts

interest

their

clients

promptly

informing

them

any

business

association,

interest

other

circumstances

which

could

influence or appear to

influence their judgment of the quality of their services.

Acoustical

consultants

shall not accept

compensation,

financial

or otherwise,

from

than

one

party

for services

on the same

project or for services

pertaining to the

same project,

unless the circumstances

are

fully disclosed

to,

and agreed to,

by all

interested parties.

Acoustical

consultants

public

services

members

of a

governmental

body or department

shall

not

participate

decisions

with

respect

professional

services

solicited

provided

them

their

organizations

in private

acoustical consulting practices.

Acoustical

consultants

shall

not

solicit

professional

contract from

governmental

body

which a

principal or officer of their organization

serves as

member.

Acoustical

consultants

shall

not

solicit

professional

contract from

governmental

body

which a

principal or officer of their organization

serves as a member.

Acoustical consultants shall avoid improper solicitation of professional assignments.

Acoustical consultants

shall

not falsify or

permit

misrepresentation

their,

or their

associates,

academic

professional

qualifications.

They

shall

not

misrepresent

exaggerate

their

degree

responsibility

for

the subject

matter of

prior

assignments.

Brochures

other

presentations incident

to the

solicitation

assignments shall not misrepresent pertinent facts concerning

employees, associates, joint ventures

or past

accomplishments with the

intent and

purpose of enhancing their qualifications and their work.

Acoustical

consultants

shall

not

offer,

give,

solicit

receive,

either

directly

or indirectly,

any

political

contribution

amount

intended to

influence the award

of a

contract by

public authority,

or which may

reasonably construed

the public

of having

the

effect

or intent to

influence the

award of a

contract.

They

shall

not

offer

any

gift

other

valuable

consideration

order

secure

work.

They

shall

not

pay

commission,

percentage

brokerage

fee

order to

secure

work except

bona

fide

employee or bona

fide

established commercial or marketing agencies retained by them.

CERTIFJCATE OF SERVICE

I, Patricia F. Sharkey,

an attorney, hereby certify that

have served the attached

Comments of Dr. Paul Schomer, Ph.D., P.E.,

upon:

Dorothy M. Gunn

Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

(Hand Delivery, Original

9 copies)

Howard

Chinn

ChiefEngineer

Office of the Attorney General

188 West Randolph Street, 20~

Floor

Chicago, Illinois 60601

(U.S. Mail)

Thomas G. Safley

Hodge, Dwyer, Zeman

3150 Roand

Avnue

P.O. Box 5776

Springfield, IL

62705-5776

(U.S. Mail)

Robert

C. Wells

Wells Environmental Systems

2061

Gladstone

Wheaton. IL

60187

(U.S. Mail)

Marie Tipsord

Hearing Officer

Illinois Pollution

Control Board

100 West Randolph Street

Suite

11-500

Chicago,

Illinois 60601

(Hand

Delivery)

Kyle Rominger

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box

19276

Springfield, Illinois 62794-9276

(U.S. Mail)

Robert A. Messina

General Counsel

Illinois Environmental Regulatory Group

3150 Roland Avenue

Springfield,

62703

(U.S. Mail)

as indicated above, by hand delivery or by depositing

said document in

the United States Mail,

postage prepaid, in

Chicago, Illinois

May 27, 2005.

Patricia F. Sharkey

Mayer, Brown, Rowe & Maw

LLP

190 South LaSalle Street

Chicago,

Illinois

60603-3441

~~~aF.Sharke

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