ILLINOIS
    LOLLW~IONCDNTROL
    BOARD
    February
    15,
    1979
    HOWELL
    ASPHALT
    CX)MPANY,
    INC.,
    Petitioner,
    v.
    )
    PCB
    78—292
    ENVILONMENTAL
    PLOTEC’PION
    AGENCY,
    )
    Respondent.
    OPINION
    AND
    ORDER
    OF
    THE
    BOARD
    (by
    Mr.
    Dt~elle):
    Petitioner
    has
    requested
    a
    five
    year
    variancE
    from
    Chapter
    8:
    Noise
    Regulations.
    The
    Agency
    has
    recormiended
    that
    the
    variance
    be
    granted
    subject
    to
    certain
    conditions.
    No
    hearing
    was
    held.
    Petitioner operates a plant in Effingharn
    which
    produces
    hot
    asphalt
    fran
    various grades of
    crushed
    aggregate (CA).
    As part of
    this
    operation the CA is
    unloaded from an adjacent railroad siding.
    Most of the CA falls by gravity
    into
    an
    unloading
    pit when the
    doors
    of each hopper car
    are
    opened.
    The
    remainder
    is
    removed
    by
    shaking
    the
    hopper
    car.
    During
    this
    “car
    shakeout”,
    the
    standards
    of
    Rule
    204
    of Chapter
    8 (Sounds
    Emitted
    to Class B
    land
    from
    a
    Class C source) are violated.
    Petitioner has
    attempted
    to
    remedy
    the vio-
    lations
    through
    the construction of a concrete
    barrier
    ninety
    feet
    long,
    twenty feet high, and eight inches thick at a cost of $17,931.59.
    Although
    the barrier
    has
    attenuated
    noise
    levels,
    violations
    have
    still
    been
    recorded.
    Additional attempts to date have either been ineffective or have
    damaged
    the
    hopper car, which belongs to the Illinois Central Gulf Railroad
    (ICG).
    Neither
    Petitioner nor its consultants are aware of
    any
    system
    which will result in
    total
    compliance.
    Petitioner claims that if a variance is denied,
    it will
    be
    forced
    to
    either reduce its plant capacity or cease operations.
    If the remainder of the
    CA was
    removed
    by hand labor, Petitioners’ employees would be subject to
    hazards
    and capacity would be reduced to seven or eight loads
    per
    day instead
    of
    the
    present
    40.
    Even
    though
    the
    hopper
    cars
    are
    unloaded
    only
    three
    days
    per
    week,
    Petitioner
    cannot
    use
    the
    other
    four
    days
    to
    unload
    by
    hand
    because
    the
    ICG requires
    a
    “substantial
    dernurrage
    charge”
    if
    hopper
    cars
    are
    kept
    longer
    than
    24
    hours.
    Petitioner
    perceives
    “no perceptible
    harm
    to
    the
    public”
    if it is allowed five years to pursue improvements to the present barrier.
    In its Reconii~ndation,the Agency agrees with Petitioners’ allegations.
    The A-weighted equivalent sound levels were 85.7 db(A) without the barrier and
    70.5 db(A) with the barrier.
    USEPA has recc~nendeda level of 70 db or less
    Leg
    (yearly
    energy
    average sound level) to protect against hearing loss with
    an
    adequate
    margin
    of safety.
    Through an
    equation listed in
    Exhibit
    4
    attached
    to
    the
    Recatinendation,
    Leg
    before
    the
    barrier
    was
    installed
    was
    calculated
    at
    66.4—72.4
    db.
    Since the barrier, Leg has
    dropped
    to
    51.2-57.2
    db.
    Since
    the
    noise receiver in this case is a cai~ercialestablishment, no interference
    with sleep or recreation is anticipated.
    USEPA has recomended a
    standard
    of
    32—559

    2
    40—45 db(A)
    for interior sound levels to allow 100
    intelligibility of speech.
    Since
    the barrier was installed,
    indoor noise
    in the vicinity is 61 db(A) with
    windows open and 51 db(A) with windows closed.
    Consequently, scrr~inter-
    ference is expected 40 times per day,
    three days per week,
    for 1-4 minutes,
    during eight
    to nine rrx~nthsper year.
    The Agency concludes that
    this inter-
    ference
    is not great
    and has been substantially reduced by construction of the
    barrier.
    The Agency states that even by theoretical calculations,
    a 20
    foot barrier
    would not be sufficient
    to con~plywith Rule 204.
    Actual reductions have shown
    the barrier less effective than the theoretical
    in the 31.5 Hz and 500—8000 Hz
    octave bands,
    rrore effective
    in the 63 Hz and 125 Hz octave bands, and equal
    to the theoretical
    in the 250 Hz octave band.
    The theoretical height of an
    adequate barrier would be
    50
    feet with side extensions
    to reduce diffraction.
    Costs are speculated as
    ~.
    .
    .
    very high due to wind with the attendant benefits
    over a 20
    feet barrier being noderate—a theoretical reduction of 7 db(A)”.
    The Agency admits that a 50
    foot barrier,
    like
    the present one, may fail
    to
    meet expectations.
    When the Board adopted the noise standards it stated the following:
    “In controlling noise one can either quiet
    the source directly,
    block the noise transmission paths either at
    the source or at the
    point of reception,
    or protect the individual with devices such as
    ear plugs.
    For envirorinental noise control only the first
    two
    methods are suitable and while quieting the noise source directly is
    preferred,
    it
    is often not possible so
    that blocking the noise
    transmission path beccmes
    the technique used
    in many
    instances
    Materials used
    for noise control can be subdivided into four
    classes (EPA Lx.
    125):
    a)
    sound absorbing materials
    -
    porous materials that convert
    sound
    energy into heat
    b)
    sound barriers
    -
    dense,
    lirrp
    masses that reflect rmst
    sound
    and
    transmit
    little sound
    c)
    vibration isolation
    -
    resilient materials that do not transmit
    vibration
    d)
    vibration darrping
    -
    materials
    to inhibit vibrations.
    These materials
    can
    then be used
    in four general classes of noise control
    systens.
    a)
    rriifflers and silencers
    for gas flow silencing of
    fans,
    ccnpressors
    or high pressure gas discharges
    b)
    barriers
    -
    to block sound transmissions,
    for exarrple partitions
    or enclosures
    c)
    sound
    absorption
    acoustical
    tile,
    curtains
    d)
    vibration isolation
    -
    pads,
    cushions between source and structure
    to reduce structureborne sound transmission.”
    (In the Matter of Noise Pollution Control Regulations, R72—2, 8 PGB 703,
    737, July 31,
    1973)
    It would appear that Petitioner has followed the Board’s guidance in nDst
    respects.
    One
    possible exception is the failure
    to mention any sound absorbing
    32—560

    3
    materials that might be
    used to cover the present barrier.
    The Board
    is aware
    of the problems
    faced
    in covering an outdoor barrier and the attendant maintenance
    costs.
    In
    the
    future,
    this alternative should at
    least be explored nonetheless.
    The Board agrees
    that any harm being caused by Petitioner’s present operation
    is outweighed by the hardship which would be
    incurred should this variance be
    denied.
    Although the Agency’s recomnended conditions are appropriate
    for the
    most part,
    a five year variance
    is not warranted.
    The Board would rather
    limit relief to
    three years
    to encourage Petitioner
    to investigate
    the use of
    sound absorbing materials.
    If
    further relief
    is necessary,
    it
    can always be
    requested.
    Petitioner has requested a variance without specifying any particular
    rule or rules
    in Chapter
    8.
    The Agency has specifically recarrnended a variance
    fran Rule 204.
    The
    Board would rather grant relief fran Rules 204 and 102
    with the proviso that this variance is
    limited to noise fran the “car shake—out”
    so
    that
    this matter cannot he relitigated
    in the next
    three years.
    This Opinion constitutes the Board’s findings of fact and conclusions of
    law in this matter.
    ORDER
    It
    is the Order of the Pollution Control Board
    that Petitioner be granted
    a variance fran Rules
    1.02 and 204 of Chapter
    8: Noise Pollution for three
    years
    fran the date of
    this Order
    for the emissions fran Petitioner’s “car
    shake—out” operations subject
    to the following conditions:
    A.
    Throughout
    the duration of
    the variance, Petitioner shall maintain
    the existing barrier
    to the specifications described in Petitioner’s exhibits
    9 and
    10,
    in constant good repair and operation.
    B.
    Throughout
    the duration of
    the variance, Petitioner shall
    install no
    new
    or additional
    railroad car shakers
    at
    the site.
    C.
    Throughout
    the duration of
    the variance, Petitioner shall not relocate
    the existing railroad car shaker to any other
    location at
    the site.
    D.
    Throughout
    the duration of
    the variance, Petitioner shall not
    exceed the after—barrier energy average shown
    in
    figure 2 of Exhibit
    1 attached
    to the Agency’s Recarmendation.
    E.
    Throughout
    the duration of
    the variance, Petitioner shall perform
    literature reviews
    to
    investigate new technology for reducing railroad car
    shaker noise,
    including the use of sound absorbing materials
    to cover the
    existing barrier.
    F.
    Throughout
    the duration of
    the variance, Petitioner shall report
    every 12 months
    to the Agency the results of its investigation into new technology
    for reducing railroad car shaker noise.
    G.
    Petitioner shall
    execute and forward
    to the Envirormental Protection
    Agency, Division of Noise Pollution Control, Enforcement Section, 2200 Churchill
    Road,
    Springfield,
    Illinois 62706, within 45 days after
    the date of this
    Order,
    a Certification of Acceptance
    and
    Agreement
    to he bound
    to all the
    terms and conditions of the Variance.
    This 45 day period shall be held in
    abeyance during any period this matter
    is being appealed.
    The Certificate
    shall read as
    follows:
    32—561

    4
    GERTIFICATI~~
    Howell Asphalt
    Ccxrpany,
    Inc.,
    an Illinois Corporation,
    is aware of
    and
    understands the Order of
    the Illinois Pollution Control Board
    in
    PCB
    78-292 and hereby accepts that Order
    and
    agrees to be bound by
    all of
    its tens and conditions.
    -DiVELL
    ASPHALT CtMPANY,
    INO.
    By ________________________
    Authorized Agent
    Title
    or Carpany Position
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control Board,
    hereby certify the above Opinion and Order were adopted on
    the
    1~5~
    day of
    _____________,
    1979 by a vote of
    ________________.
    ~
    Christan L. Moffett, (~rerk
    Illinois Pollution Control Board
    32—562

    Back to top