ILLINOIS POLLUTION CONTROL BOARD
April
10, 1986
IN THE MATTER OF:
PUBLIC AIRPORT
PART 904
NOISE REGULATIONS
)
)
)
R77—4
PROPOSED RULE.
FIRST NOTICE.
PROPOSED ORDER OF THE BOARD
(by J.
Marlin):
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE
H:
NOISE
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 904
PUBLIC AIRPORT NOISE
SUBPART A:
GENERAL PROVISIONS
Section
904
.
100
904.110
904.120
904.121
904.122
904. 123
Section
904.201
904
.
202
904.210
Section
904.301
904.302
904 .303
Scope and Applicability
Definitions
Incorporations by Reference
Measurement Methods
Proof of Violation
Severability
SUBPART B:
PROHIBITIONS
Airport Expansion
Aircraft Operations
Violations
SUBPART C:
DATA COLLECTION AND REPORTING
Data Collection and Reporting
Noise Exposure Maps
Submission of Noise Contour Data
SUBPART D:
EXEMPTIONS
Exemptions
Military Aircraft
Section
904.401
904.402
69-54
2
SUBPART E:
ADJUSTED STANDARDS PROCEDURES
Section
904.501
Preamble
904.502
Filing and Notification by Proprietor
904.503
Contents of Petition
904.504
Justification of Petition
904.505
Notice of Hearing
904.506
Opinion and Order
904.507
Other Proceedings
AUTHORITY:
Implementing Sections 24
and 25 and authorized by
Section 27 of the Environmental Protection Act (Ill.
Rev.. Stat.
1985,
ch. ~
~
pars.
1025 and 1027.
SOURCE:
Adoption
in R77-4,
at
10 111.
Reg.
effective
SUBPART
A:
GENERAL PROVISIONS
Section 904.100
Scope and Applicability
This Part applies
to public airports.
Section 904.110
Definitions
A-Weighted
Sound Level:
A sound level measured as
specified
in Section 904.121(a).
Act:
The Environmental Protection Act
(Ill. Rev. Stat.
1985,
ch. ~
,
pars.
1001 et seq.).
Airport Expansion:
The construction of
a new runway at
a
public airport.
Airport Proprietor:
The person to whom an airport operating
certificate has been issued by the Federal Aviation
Administration under
14 CFR 139 (1985).
Agency:
The Illinois Environmental Protection Agency.
Board:
The Illinois Pollution Control Board.
Equivalent Day-Night Sound Level
(Ldn):
The equivalent A-
weighted sound level during
a
24 hour time period with
8
10
decibel weighting applied to the equivalent
sound level
during the nighttime hours of 10:00 p.m. to 7:00 a.m.
Formulas for computing the Ldn are given in
14 CFR 150,
Section A 150.205 (1985),
incorporated by reference in
Section 904.120.
Equivalent
Sound Level
(Leq):
The constant sound level that,
in
a given situation and time period,
conveys
the same
sound
energy as the actual time-varying A-weighted sound, measured
69-55
3
in decibels.
Formulas for computing the Leq are given
in
14
CFR
150,
Section A 150.205
(1985),
incorporated by reference
in Section 904.121.
Civil aircraft:
Aircraft other than public aircraft.
Class
A Land:
All land uses as specified in
the definition
of Class
A Land in
35 Ill. Adm. Code 901.101 with the
exception of SCLUM Codes 762 and 921.
Large aircraft:
Aircraft of more than 12,500 pounds maximum
certificated takeoff weight.
Ldn:
See “Equivalent Day-Night Sound Level”.
Leq:
See “Equivalent
Sound Level”.
Public aircraft:
Aircraft used only in the service of a
government or
a political subdivision.
Any government-owned
aircraft engaged
in carrying persons or property for
commercial purposes is not included.
Public Airport:
Any airport owned or operated by a unit of
local government or public agency of the State.
Small aircraft:
Aircraft of 12,500 pounds or less maximum
certificated takeoff weight,
Section 904.120
Incorporations by Reference
a)
The Board
incorporates the following materials by
reference:
1)
14
CFR
150, Appendix A (1985);
2)
“Methods for the Measurement of Sound Levels,”
American National Standards Institute publication
ANSI S1.13-1971,
revised 1976, available from the
American National Standards Institute,
Inc.,
1430
Broadway, New York,
NY 10018;
3)
“Specification for Sound Level Meters,” Anerican
National Standards Institute publication ANSI S1.4-
1983, available from the Standards Secretariat,
Acoustical Society of America,
335 East 45th
Street, New York, NY 10017;
b)
This incorporation includes no subsequent amendments or
editions.
69-56
4
Section 904.121
Measurement Methods
a)
Sound levels must be measured or analyzed with equipment
having the
“A” frequency weighting filter
characteristics, and the “slow response”
characteristics, as defined in ANSI S1.4-1983,
incorporated by reference
in
Section 904.120.
Tolerances allowed for general purpose, type
2 sound
level meters are acceptable.
Sound levels must
be
measured in decibels
(dB) with respect to a reference
pressure of 20 micropascals.
b)
Noise measurement and documentation must be in
accordance with accepted acoustical measurement
methodology, such as described in ANSI S1.13-1971,
incorporated by reference
in Section 904.120.
c)
Ldn’s must be calculated according
to the method
outlined in
14 CFR 150, Appendix A (1985), incorporated
by reference
in Section 904.120(a)(1).
Section 904.122
Proof
of Violation
a)
Noise exposure maps modelled pursuant to Section 904.302
are presumed to be correct unless
shown
to be incorrect
by actual measurement.
b)
Any person
seeking to introduce an actual measurement
pursuant to Section 904.121 shall demonstrate the
statistical confidence level of the measurement.
To be
admissible,
the measurement must be indicative of the
annual average Ldn at the point
in question, with 90
percent confidence that the measurement
is within 1.5 dB
of the actual Ldn.
c)
In any enforcement action,
the complainant has the
burden of establishing
a violation.
Correct modelling
pursuant to subsection
(a)
is sufficient to prove
a
violation.
Section 904.123
Severability
If any provision of this Part
is adjudged invalid,
or
if its
application
to any person or in any circumstance
is adjudged
invalid,
such invalidity shall not affect the validity of any
subpart,
section, subsection,
sentence or clause not adjudged
invalid.
SUBPART B:
PROHIBITIONS
Section 904.201
Airport Expansion
No proprietor of any public airport shall cause or allow any
airport expansion at such airport,
if such airport expansion
69-57
5
would create an equivalent day-night sound level in excess of 65
Ldn, based on an annual average, on any receiving Class A land.
Section 904.202
Aircraft Operations
After
the dates specified below,
no proprietor of any public
airport
shall cause or allow activity at such airport to create
an equivalent day-night sound level, based on an annual average,
on any receiving Class
A land in excess of the limits
specified
below:
a)
January
1,
1988,
80
Ldn;
b)
April
1,
1989, 75 Ldn;
c)
October
1,
1994,
65
Ldn.
Section 904.210
Violations
Any proprietor of a public airport which violates this Part
shall
be subject to
the penalties specified in Section
42 of the Act.
SUBPART C:
DATA COLLECTION AND REPORTING
Section 904.301
Data Collection and Reporting
a)
Each airport proprietor subject to this regulation
shall
record on
a quarterly basis,
for all civil and public
large aircraft and civil and public small aircraft
powered by one or more jet engines, operating
information necessary to code and run the FAA Integrated
Noise Model described
in 14 CFR 150, Appendix A (1985),
incorporated by reference
in Section 904.120.
b)
The records maintained pursuant to this Section shall be
submitted quarterly
to the Agency beginning October
1,
1987.
c)
Copies of all information submitted to the Agency
pursuant to this Section shall be maintained by the
proprietor
at
the
airport
and
be
available
for
public
inspection.
Section 904.302
Noise Exposure Maps
Noise exposure maps must
be developed according to the method
outlined
in
14 CFR 150, Appendix A, Sections A 150.103 and A
150.201, A 150.203 and A 150.205
(1985) incorporated by reference
in Section 904.120.
At
a minimum the noise exposure maps must
contain and identify:
a)
Runway locations.
b)
Flight tracks.
69-58
6
c)
Airport boundaries.
d)
Noise contours of
65,
70,
75, 80 and 90 Ldn resulting
from airport operations.
e)
Depiction of the noise contours specified
in subsection
(d) over a land use map of sufficient
scale and quality
to discern streets and other identifiable geographic
features.
f)
Class
A land uses within one mile of the depicted noise
contours.
g)
Location of noise sensitive public buildings
(such as
schools, hospitals and health care facilities).
h)
Estimates of
the number of dwelling units and persons
residing within
the specified contours.
Section 904.303
Submission of Noise Exposure Maps
a)
The proprietor of each public airport shall submit to
the Agency by January
1,
1988,
a noise exposure map for
all of its operations
as specified
in Section 904.302.
b)
In addition to the requirements of subsection
(a) the
proprietor also
shall submit to the Agency at
the same
time
a noise exposure map containing noise contours as
in subsection
(a), but without the effect of military
aircraft,
if any.
c)
The proprietor may
submit
a separate noise exposure map
to the Agency and governmental entities listed
in
subsection
(e) indicating the expected noise contours of
any planned future expansion or other modification to
the airport or its operations.
d)
Each map or revised map submitted to the Agency must be
certified as true and complete under penalty of Section
42 of the Act.
e)
The proprietor shall provide copies of the maps
submitted
to the Agency pursuant to subsections
(a),
(b)
and
(c)
to each municipality and county wholly or
partially within any contour area of 65 Ldn or over.
f)
The proprietor shall update the maps required pursuant
to this Section
at least every five years, but may do so
more frequently if the proprietor so desires.
g)
Copies of all
information submitted to the Agency
pursuant to this Section shall be maintained by the
69-59
7
proprietor at the airport and be available for public
inspection.
h)
The proprietor shall publish, at least twice a year in
a
newspaper of general circulation within the area of the
airport,
notice of the availability for public
inspection at the airport of such a noise exposure map.
SUBPART D:
EXCEPTIONS
Section 904.401
Exemptions
1.)
No airport proprietor
shall
be found
to be
in violation
of
this Part as
a result
of airport noise
in excess of
the limits of Section 904.202 on any Class A land which:
1)
Was not
a Class
A land use
at the time the noise
exposure map
for
the
airport
as described
in
Section 904.302 was filed with the Agency and
government agencies pursuant to Section 904.303;
and
2)
Was shown in that noise exposure map to be
subjected to noise levels
in excess of the limits
of this Part; and
3)
Was included in the efforts of the proprietor to
induce
the appropriate land use control authority
to prevent
a change
in the use of such land to
Class A uses.
b)
No airport proprietor shall
be found to be
in violation
of
this Part
as
a result of airport noise
in excess of
the limits of this Part on any Class A land for which
the airport proprietor has obtained
a noise easement or
an equivalent interest subject to
(c).
c)
No noise easement shall exempt the proprietor under this
Section if the Class A land for which an easement is
sought or obtained
is subject to
75 Ldn or greater.
Section 904.402
Military Aircraft
Noise attributable
to military aircraft shall not be considered
when determining whether
a proprietor is in compliance with this
Part.
Data on military operations,however,
shall be collected
and reported in accordance with Section 904.301.
69-60
8
SUBPART
E:
ADJUSTED
STANDARDS
PROCEDURES
Section 904.501
Preamble
Pursuant
to Section 28.1
of the Act, the Board may grant
adjustments
to provisions of this Part.
Any adjusted standard
granted
to proprietors
shall
be based on the degree of impact of
airport noise on surrounding Class A land as well
as on economic
considerations,
including those of the proprietor and those
affected by the noise.
The following procedures shall be used
for petitions
for adjustments to the otherwise applicable
provisions
and standards of this Part.
Section 904.502
Filing and Notification by Proprietor
The proprietor may initiate an adjusted standard proceeding by
filing
10 copies of
a petition for adjustment.
Simultaneously
with the filing of its petition with the Board,
the proprietor
shall serve
a copy of the petition in accordance with
35
Ill.
Adm. Code 103.123 on the Agency, Department of Energy and Natural
Resources and any county or municipality wholly or partially
within any contour area of
65 Ldn or over.
Section 904.503
Contents of Petition
The Petition must include the following information:
a)
A written statement of justification signed by
the Petitioner or its authorized representative,
outlining the scope,
the nature,the reasons, and
the basis for the adjustment; and
b)
The nature of the proprietor’s operations and
noise control actions;
and
c)
Any information required by this Part;
and
d)
Citations to any final enforcement actions
against, and any variances granted to, the
proprietor where compliance has not been
achieved.
Section 904.504
Justification of Petition
The proprietor shall establish adjustment justification
in the
petition for exception as follows:
a)
An evaluation of methods for reducing the exposure of
Class
A land to airport noise which includes, but is not
limited to,
the following options:
1)
Limitations on the types of aircraft which may use
the airport, based upon noise emission
characteristics.
69.61
9
2)
Noise abatement preferential runway systems for all
aircraft.
3)
Shifting aircraft operations
to neighboring
airports.
4)
Changes in location or operation of ground run-up
areas.
5)
Limitations on the hours of operation of the
airport.
6)
Limitations on the total number of aircraft
operations to be permitted at
the airport during
nighttime hours.
7)
Takeoff noise abatement procedures.
8)
Landing noise abatement procedures.
9)
Changes
in take-off flight paths.
10)
Changes
in approach flight paths.
11)
Restrictions on use of non-Class
A land on which
the noise levels of this Part are, or will
be
in
the future,
exceeded to uses other than Class
A.
12)
Changes in use of Class A land on which the noise
limits of this Part are exceeded to uses other than
Class
A.
13)
The use of acoustical barriers.
14)
Other measures.
b)
The evaluation of the options in
(a)
shall include
a
discussion of the following:
1)
The practicality of each option.
2)
The extent to which
the proprietor has pursued the
options with other parties
including aircraft
owners, and relevant federal,
state and local
authorities.
3)
The reduction in
land area and population presently
impacted by airport noise
in excess of the limits
of this Part
(or potentially impacted in the
future) which could be achieved by implementing the
options.
69-62
10
4)
The costs of the options and their effects on the
service provided by the airport.
5)
Options available to local and state authorities
to
preserve,
or bring about, land use which is
compatible with the airport.
6)
Other pertinent information.
c)
A noise abatement plan for reducing the airport’s noise
impact which
shall include but not
be limited to:
1)
A presentation of options selected for
implementation,
2)
A discussion of the expected effectiveness of the
selected options over future five year intervals,
3)
A schedule for implementation of the proposed noise
abatement plan.
d)
Where special circumstances may render any
evaluation inapplicable,
for reasons of
irrelevancy or expense of data collection in
relation to the relevancy of the data,
the
petition shall include a justification for such
inapplicability.
Section 904.505
Notice and Hearing
Hearing shall be noticed and scheduled in accordance with 35
Ill.
Adm. Code 102.122.
The proceedings
shall be conducted in
accordance with 35 Ill. Adm. Code 102.140 through 102.164.
Section 904.506
Opinion and Order
a)
In considering the proposed petition for
adjustment and the hearing record,
the Board
will take into account the factors contained
in
Section 27(a) of the Act.
The Board will issue
and enter
a written opinion stating the facts
and reasons leading to its decision on a
petition for adjustment.
b)
The Board will issue and enter such orders
concerning
a petition for adjustment as are
appropriate for the reasons stated
in its
written opinion.
Such appropriate orders may
include but are not limited to orders accepting
or rejecting the petition, directing that
further hearings
be held to develop further
information or
to cure any procedural defects,
or
remanding the petition to the petitioner with
69.63
11
suggested revisions.
Another hearing will be
held on any revised petition for adjustment.
Section 904.507
Other Proceedings
Nothing
in this Subpart shall impair any rights authorized
in the
Act or
Board regulations that the proprietor or any other person
may have
to initiate or participate
in any proceeding before the
Board,
including general or site-specific regulatory, variance
and enforcement proceedings.
IT
IS SO ORDERED.
B.S. Forcade dissented,
W.J. Nega concurred and J.T. Meyer
abstained.
I,
Dorothy N.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Proposed Order was adopted
on the
/~
day of
~2
,
1986, by a vote of.5—/
1T~..4m
Dorothy
M. ~unn, Clerk
Illinois Pollution Control Board
69-64