ILLINOIS POLLUTION CONTROL BOARD

April

5,

1984

In the Matter of the Petition of

WAGNER CASTING COMPANY

)

R83~3

for a Site Specific Operational

level,

Pursuant to Chapter

8, Rule

206(d)

of

the Rules and Regulations of the

Illinois Pollution Control Board

PROPOSED RULE.

FIRST NOTICE

PROPOSED OPINION AND ORDER OF THE BOARD

(by J. Marlin):

On November 29, 1983 Wagner Casting Company

(Wagner)

petitioned for a site~specificoperational 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).

A public hearing was held in Peoria,

Illinois

on February

15,

1984.

The Honorable Gary K. Anderson, Mayor of

Decatur

was the only member of the public who attended

and he testified

in support of the petition.

Two public comments in

support

of the petition were also received,

This hearing was

originally

scheduled with those of four other similar forging

noise cases

involving central Illinois shops in order to

conserve the

time and funds of all involved parties.

Due to a

scheduling

error the other four had to be rescheduled.

Wagner

requested

that its hearing proceed in Peoria since considerable

delay

would occur if the hearing was moved to Decatur.

Rule 206(d) allows an existing forging shop to

petition

the Board for a site~specificoperational plan

which will

limit noise emissions from the shop.

Petitioner

must 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 consequential health and welfare impacts on the

surrounding

community.

Wagner is located at the southeast corner of

Jasper and

Sangamon Streets

in Decatur, Illinois.

Railroad

switching

yards are located to the west,

south and southeast

of the

forge shop.

Wagner~sfoundry operations are to the east.

Corporate offices and parking facilities are to the

north

and northeast.

The Torrence Park urban renewal area

is north

of the parking

lot.

The Decatur Boys Club is northwest of

the forge,

located at the northwest. corner of Jasper and

Sangamon

Streets.

A recreational area is west and northwest

of the

Boys Club.

The nearest residences to the northeast

and northwest

of the forge are over 300 yards distant.

Those

to the south

are screened by the railyards and numerous commercial

buildings.

57~399

---

The forge shop operated at the location

since 1926 under

a former owner.

Wagner bought the forge shop in

August,

1979

and operated it until September,

1981 when

operations were

suspended for economic reasons.

The equipment

was

mothballed

in anticipation of reactivation.

Wagner is

continuing its

foundry operations.

It intends to sell the forge

shop.

The forging facilities are in one building which

includes

9 furnaces,

5 coining presses, and 9 Erie drop hammers

in

the following sizes:

1,500

lb.(3);

2,000

lb.

(4);

and 4,000

lb. (2).

The forge building itself was built in 1926

and is

constructed of

corrugated steel

siding and

brick.

The shop

requires

extensive ventilation for cooling where the furnaces

reach

2600°F. There are approximately

5 large door openings

and

2

smaller

doors

to

the

outside.

There

are

3 large roof

ventilators

which draw hot air out of the building.

Ten

ventilators at wall level draw fresh air into the building.

Noise escapes

through these openings.

Wagner

requests that

it

be

allowed to

operate

3

shifts

at the site and add a hammer

in the future.

Hours of operation from 1979 through 1981

were 5:00 a.m.

to 1:30 p.m. and 1:30 p.m.

to 9:00 p.m.

Although

the

potential

buyer of the forge testified that initially there

would be

1 to

2 shifts,

the petition is for allowing

3

shifts.

Page

12 of the petition requests

3

shifts with starting

times of

6:00

a.rn.,

2:00 p.m. and 10:00 p.m.

The potential

buyer testified

he would prefer to start at 5:00 a.m.

In a

post-hearing letter

filed March 13, Wagner reiterates that

if the Board

does not

grant the

3 shift relief, that it allow the first shift to

begin at

5:00 a.m.

Production decreased from 1979 through 1981,

as will

be shown in the table below,

This resulted in

less blows

of the hammers which resulted in less noise

(Pet,

at

5,

6,

Total

no.

of forgings

No.

of

Tonnage

of

all

on hammers

___

~

~in~s

1979

3,986,934

29,098,578

4,390

1980

2,894,374

20,717,350

3,620

1981

1,089,596

7,939,768

2,180

The regulations of the Board define

2 methods

of

measuring

sound.

The definition of dB(A), or A~weightedsound

level

in decibels,

is found in

35 III.

Adrn. Code 900,101,

as is

the definition of

Leq, or equivalent continuous

sound

pressure

level in decibels.

Essentially, dB(A) measures the

noise~

level at the peaks while Leq measures the average

noise

level over time, including peaks and background noise.

57~4OO

---

—3—

Permissible impulsive sound levels for existing forge

shops are found in 35

flj.

Adm. Code 901.105.

The impulsive

sound level

emitted

to residences (Class A land) cannot exceed

58.5

Leg

during the

day

or 53.5 Leq at night.

As to commercial

establishments (Class B), the level cannot exceed 64.5 Leg.

Actual measurements were taken in 1980 by

ETA

Engineering

Inc.

for the former owner of the forge shop (Exh E to the

petition).

These dB(A) readings were placed on a contour

map

of the area (Exh C to the petition).

An

expert

for Wagner

transformed

the

dB(A)

readings

to

Leg

readings

and compiled

another

contour

map (Exh

D to the petition. )

‘

will be subjected to 80 Leg.

The building will face levels

between 70 and 75 Leg.

This is approximately 6-10

Leg

over

the 64.5

Leg

limitation for Class B land.

The

many

residences

listed on Exhibit C

have

been

eliminated

through

the

city’ s

Torrence

Park

urban renewal project (R at 10).

Wagner asserts

that

no

residences

are

exposed

to

sound

levels

in

excess

of

Rule 206(c).

The 3 residences at the intersection of Orchard

and

Lowber

Streets are expected to be subject to the nighttime

level of 53.5 and no more.

During night time the background

noise, which includes the railyards and busy highways,

should

be lower, reducing the

Leg

sound level(Pet

•

The ETA report (Exh. E to the petition) developed 4 proposals

for reducing noise emissions by 5,

10, 15

and

2OdB(A)

(Exh

E at 15).

The recommendation for a 5dB(A) reduction includes

closing all exterior doors and installing additional roof

and sidewall fans.

Wagner states that this would interfere

with proper ventilation for the shop and affect the worker’s

health (R at 64).

The shop doors are open all of the

time

in the summer

(R at 48).

Other ETA suggestions for successive

5dB(A) noise level reductions were to install silencers

(2800 lb. a piece), use 3/8 inch thick asbestos board

and

1/8 inch thick steel panels, and install baffles (Exh E to

Pet. at 15).

If the ventilators were installed it is

highly likely

that

the

building

would

reguire

reinforcement

at

additional cost in order to bear their weight (R at 80,

81).

To

date,

no

abatement

measures

have

been

implemented

by

Wagner.

The corporate office was constructed between the

forge and residences to the north and northeast, which

may

or

may

not give incidental relief to those residences.

Testimony

has shown that barriers inside the plant would impede

the

flow of air, traffic,

and movement of materials

(R at 83).

The ETA report addressed the cost to reduce noise emissions

The conversion formula used was SL~

Leg +

SdB(A),

found on page 8 of Wagner petition, which refers to Exh. E,

57-401

---

—4—

by SdB(A)

Exh.

E at 11-14.

To reduce the noise level by

SdB(A), $234,000 would be spent

(Pet. at 14) while the forge

facility is worth only 1/2 to 3/4 million dollars (R at 52).

The Department of

Energy and

Natural Resources issued

a negative declaration on March

7, 1984 obviating the need

for

an

economic

impact

statement.

The

Illinois

Environmental

Protection

Agency

(Agency)

has

concerns,

some

of

which

are

the

(1)

whether Wagner is an “existing” or a “new” forging

facility;

(2)

whether nighttime operation noise levels will truly

be within the applicable limits;

(3)

whether economic reasons are enough to reject the

abatement

measures.

This forging facility is a property—line—noise—source

according to 35 Ill. Adm. Code

900.101.

The forge also is

an existing property-line—noise source as defined in 35 Ill.

Adm. .Code 900.101 for 2 reasons.

First, the facility was

built prior to August 10, 1973.

Second, its C land use

classification did not change since it was only temporarily

shut down.

Therefore, Wagner is subject to noise limitations

of 35 Ill. Adm.

Code

901.105(c) unless site—specific operational

relief is obtained.

The record contains evidence

that

nighttime

operations will meet the sound limitations.

The economic

cost of a noise abatement program is clearly prohibitive.

The only apparent noise violation will occur at the Boys

Club.

The Club is built on land donated by Wagner at a

time

when

the

hammers

were

operating

(R

at

12).

The

Club

wanted

the

land

so

as

to

be

next

to

the

outdoor

recreational

area.

The

Club

opened

in

late

1983

(R

at

21).

The

Club’s

building

is constructed of brick and the 2 walls facing the forge shop

are without windows.

The City of Decatur has actively

planned

an

urban

renewal

project

in the area to act as a buffer between industry and

residences.

The City supportS Wagner as

does

the

Macon

County

Board

(R at 9; Exh. 6).

The operation of the forge shop is,

therefore,

consistent with

the

planned use of the area.

Wagner’s

expert testified that operation would not pose a threat to

the public health

(R at 133).

There have never been any citizen

complaints

(R at 42); Agency Rec. at 1).

The additional jobs

(40-50 for

2 shifts) will help the economy of the City of

Decatur.

The sound abatement measures appear to be economically

unfeasible.

57-402

---

The Board proposes granting Wagner~ssite

specific operational

level for three shifts and the operation of

9

hammers at one

time.

Section 23 and 25 of the Environmental

Protection

Act

evince an intent to lower noise emissions rather

than add

to them.

Ill,

Rev.

Stat.

1983,

ch,

111½,

pars.

1023,

1025.

Rule 206(d) provides that petitioner propose

measures to reduce

impulsive noise.

The Board is constrained to

limit the number

of hammers operating at one time to nine.

Under

this provision

Wagner could operate up to

9 hammers of any size

at one time.

During the first notice period Wagner and the

Agency are asked

to provide written comment on the following:

whether the replacement of

1 or more existing

hammers

with

1 or more hammers

of varying size would

cause the

petitioner to exceed the estimated noise

levels stated

in prior testimony.

No specific numerical noise level limitations

are being

imposed, although it is assumed that noise levels

will approximate

those testified to by Wagner and its witnesses.

Wagner should

make efforts to 1~ssennoise 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

III. Adm.

Code

901.113.

Wagner and future owners of the forging facility

will

be

required

to comply with the plan upon filing with the Secretary of

State of

Illinois.

35 111, Adm.

Code 901.113 will read as follows:

Section 901.113 ~

~Jj~j

~~ecif

Ic

2~~iona1

Level

~wners

of the

for in

~lit

locat~he

southeast corner of

San amon and

Streets in De~,

Illinois must comi

with the

are otherwise

~ct~ction90l,l05(c):

a)

~

~rteorno

inc for in

hammers

~onetinie;and

b)

~

of its for in

ham~e~is limit~

to

~throuhSaturdaat9:00.m.

35 III, Adm. Code 901.113 is directed to

First Notice.

IT IS SO ORDERED,

57~403

---

—6—

I,

Christan

L.

Moffett,

Clerk

of

the Illinois Pollution

Control Board, hereb~certifythat th~above Opinion and Order

was adopted on the

~S~

day of

__________,

1984, by a

vote of

~-O

Christan L. Mof~~,Clerk

Illinois Polluti6h’ Control Board

57-404