ILLINOIS POLLUTION CONTROL BOARD
May 2, 1985
IN THE MATTER OF:
VAUGHAN & BUSHNELL MANUFACTURING
)
PETITION FOR A SITE—SPECIFIC
OPERATIONAL LEVEL PURSUANT TO
)
R83—32
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 December 6, 1984, the
Board proposed to adopt a new rule, 35 Ill. Adrn. Code 901.121.
First notice of this proposal was published at 9 Ill. Reg. 29 on
January 4, 1985. The first notice comment period expired on
February 19, 1985. The Administrative Code Unit submitted a
comment on January 24, 1985 concerning Illinois Register first
notice format. Vaughan & Bushnell commented on January 25, 1985.
By Order of the Board dated February 20, 1985, the proposed
rule was submitted to the Joint Committee on Administrative Rules
(JCAR). Second notice review commenced on February 28, 1985.
JCAR issued a Certification on No Objection on April 16, 1985
which ended the second notice period.
This rulemaking was initiated on November 21, 1983 when
Vaughan & Bushnell Manufacturing (VBM) 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 public hearing was held in Peoria, Illinois
on March 12, 1984. No members of the public 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. Additional economic
information requested by the Illinois Department of Energy and
Natural Resources (DENR) was submitted on July 29, 1984. A
further comment was filed by VBM on August 6, 1984. A negative
declaration was filed by the DENR on September 28, 1984. The
Economic and Technical Advisory Committee concurred on November
1, 1984.
*The Board ackr~owledges the work of Kevin F. Duerinck, hearing
officer and administrative assistant for this rulemaking.
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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 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.
VBM
is located at the intersection of Davis and Main
Streets, Bushnell, Illinois. To the north is commercial
property, to the east is a railroad line and some commercial (dog
food processing) and residential property. To the south is light
manufacturing, to the west is another forge facility. There are
residences located to the northwest.
The main building was built in 1923. The forge shop is
marked #B—B on Exhibit B to the petition. It is 120 feet long,
80 feet wide, and 20 feet high. The forge shop contains ten
forging hammers weighing 1,000 to 2,800 pounds apiece and ten
furnaces. The heat from the furnaces, 2400°F, raises the
temperature of the shop appreciably. Side grade—level openings
on the east and south sides draw fresh air into the building and
roof openings draw warm air out.
The forging hammers historically have operated and currently
operate from 6:30 a.m. to 1:30 a.m five to six days per week.
The current work force of 200 employees is down from 250
employees during normal economic conditions. VBM requests that
it be allowed to operate its ten hammers six days per week at the
above hours (Petition at 9).
‘IBM’s forged hand tool products are used by the
construction, industrial and hardware industries. Production at
VBM
has decreased recently as is shown by the table below. This
decline resulted in less hammer blows and less impulsive noise.
The production decline is expected to stabilize in 1983 (Petition
at 5).
Total forgings
No. of
Tonnage of all
on hammers
blows/yr.
forgings
1980
2,700,000
21,600,000
2,050
1981
2,750,000
22,000,000
2,150
1982
1,880,000
15,040,000
1,800
Permissible impulsive sound levels for existing forge shops
are found at 35 Ill. Adm, Code 901.105. The impulsive sound
level emitted to residences (Class A land) cannot exceed 58.5 Leq
during the day or 53.5 Leq at night. As to commercial
establishments (Class B), the level Cannot exceed 64.5 Leg.
Based upon actual noise level measurements, Exhibit A to the
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3
petition shows that the maximum noise level is 65 Leq.
Approximately 50 houses potentially could be exposed to sound
levels in excess of 53.5 Leq. The noise level and the number of
residences exposed to a certain noise level will vary depending
on wind velocity and direction. Any noise violations at night
would end as VBM suspended operations at 1:30 a.m. ‘IBM has not
received any noise complaints.
Various measures have been proposed to reduce the sound
levels at VBM, The installation of barriers is infeasible.
Enclosing the matn entrance to the shop in an acoustic tunnel
would be infeasi~.de because of easements or public rights—of—way.
This project would further involve removal of one or two
hammers. The addition of more fans and silencers to the present
roof is infeasible because the roof will not accept the added
weight (Exh. D to Petition). Total enclosure of the forge shop
would impede material flow through the shop and production. On
July 29, 1984, VBM submitted a cost estimate for these ineffetive
methods of noise control. Total cost would be $134,000.
The Board proposes granting VBM’s site—specific operational
level for ten hammers, two shifts Monday throught Saturday. It’s
consultant does not foresee any adverse health effects from 65
Leq CR. 17). The Agency states that there would be no danger of
hearing loss to area residents (Agency Response at 4).
Although no specific numerical noise level limitations are
being imposed, it is assumed that noise levels will approximate
those testified to by ‘IBM and its witnesses. ‘IBM should make
efforts to lessen noise levels in the future as equipment is
replaced and new technology for noise suppression becomes
available.
The following operational plan as set out below will be
incorporated into 35 Ill. Adm. Code 901.121. VBM will be
required to comply upon the filing of the rule with the Secretary
of State.
64-51
ORDER
The Board hereby adopts the following rule to be codified as
35 LII, Adm. Code 901.121 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 901.121
Vaughan & Bushnell Operational Level
Vaughan & Bushnell Manufacturing Company and the future
owners of the forging facility located at the intersection of
Davis and Main Streets, Bushnell, Illinois, shall comply with
the following site—specific operational level:
a) Operate nomore than ten hammers at any one time; and
b) Operate its forging hammers only between the hours of
6:00 a.m. and 1:30 p.m. Monday through Saturday.
IT IS SO ORDERED.
I, Dorothy M. Gunrt, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opint~iand Order was
adopted on the
_____________
day of
~P7~—.--y
,
1985
byavoteof
‘5—p
.
Dorothy M. ~unn, Clerk
Illinois Pollution Control Board
84-52