ILLINOIS POLLUTION CONTROL BOARD
    July
    9,
    1981
    KEARNEY DIVISION, a Division of
    Kearney—National,
    Inc.,
    a
    Delaware Corporation,
    Petitioner,
    v.
    )
    PCB
    81—25
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.D.
    Dumelle);
    On February
    18,
    1981 Kearney Division filed a petition
    for variance from Rule 206 of Chapter
    8:
    Noise Pollution as
    it relates to maximum impulsive sound received at residences
    from a class
    ‘B’
    land source.
    An amended petition was filed
    on April 15,
    1981 curing certain procedural defects,
    and the
    Illinois Environmental Protection Agency
    (Agency)
    filed a recoin—
    mendation to grant variance subject
    to certain conditions on
    June
    8,
    1981.
    That recommendation was accompanied by a motion to
    file instanter, which motion,
    being unopposed,
    is hereby granted.
    Kearney operates a research and testing laboratory
    at
    8600 Joliet Road in McCook,
    Illinois.
    High voltage switchgear,
    which Kearney manufactures primarily for the distribution of
    electrical power,
    are proof tested at the McCook
    laboratory.
    The
    laboratory, which is the largest in Illinois in terms of maximum
    available power
    for short circuit testing, employs
    6 people with
    a 1980 payroll of $127,000.
    In addition to testing its own
    products,
    Kearney contracts testing for outside clients, both
    domestic and foreign.
    The laboratory is
    located on
    4½
    acres of
    land in a highly
    industrialized area which includes the UOP Process Division,
    Vulcan Quarry, Reynolds Metal, and Electromotive Division of
    General Motors.
    The nearest residential property lies north
    of the laboratory about 800 feet.
    The testing which results
    in possible violations of Rule
    206 is done on fuse cutouts which are used to protect electrical
    distribution lines by opening the circuit and removing the
    fault from the
    line.
    This allows sectionalizing of electrical
    outages.
    When tested at high power
    levels,
    the interruption,
    in the form of an electrical
    arc, instantly heats the air
    surrounding the fuse element and generates a sharp sound similar
    to thunder.
    Most tests are run at medium and low amperage ranges
    4 3—23
    —2—
    and do not cause noise violations.
    During a three—month period
    in 1978,
    high level tests were run on only
    3 days
    in October,
    5
    days in November and
    3 in December,
    A total of
    79 such tests were
    run spaced never
    less than ten minutes apart.
    An average of
    approximately 40 such tests are run each month.
    Kearney built an acoustical enclosure for the
    lab in 1980.
    $3,500 was spent on engineering and architectural fees,
    about
    $5,500 was spent on relocating bus work, electrical wiring,
    exhaust systems and other equipment to accommodate the enclosure,
    and $41,000 was spent on the enclosure itself.
    Kearney’s consultant has indicated that to meet the
    50 db limitation of Rule 206,
    an experimental test chamber
    would have to be built at Kearney’s expense and that additional
    construction in the form of
    a new acoustical chamber would
    cost at least $90,000,
    Further, the consultant cannot even
    quarantee that the
    50 dh
    level
    could be met since no sound
    attenuation technique for an operating fuse cutout has been
    developed or tested.
    The only other alternative would be to cease the high
    amperage testing which would
    force Kearney
    to test at outside
    laboratories.
    One such laboratory
    is the IREQ lab
    in Canada
    which charges $3,500/day plus travel and other expenses.
    Given the high ambient noise
    levels
    in the area around
    the Kearney lab due to truck and automobile noise
    (see Noise
    Survey Report;
    p.
    4 of
    4; Ex,
    4;
    attachment
    7 of the Agency
    i~ecommendation)and the relatively infrequent high amperage
    tests,
    the Board finds that a denial
    of variance would cause
    an arbitrary and unreasonable hardship.
    The Board notes that
    no expiration date
    is requested,
    but will grant the variance
    for a period of five years.
    The Board is troubled by some adverse comments of
    residents and the McCook Environmental Board which oppose the
    variance.
    However,
    the prohibition on night—time testing
    and the acoustical
    treatment of the vent opening in the test
    chamber should reduce much
    of
    the problem.
    Further, the Board
    will order that Kearney continue
    to investigate and remain
    appraised of advances
    in the
    state of the art of noise control
    which may lead to cost—effective compliance for
    its laboratory.
    This Opinion constitutes the Board~sfindings of
    fact
    and conclusions of law
    in this matter.
    ORDER
    Kearney Division is hereby granted a variance from the
    provisions of Rule 206 during daytime hours until July
    9,
    1986,
    but is denied a variance from the provisions of Rule 206 between
    the hours of 8:00 P.M.
    and 7:00 A.M.
    as to the operation of its
    research and
    i~abora~FI~~? 8600 Joliet Road, McCook,
    Illinois.
    The variance is conditioned with the following
    requirements:
    43—24
    —3—
    1.
    No testing between the hours of 8:00 P.M.
    and
    7:00A.M.
    is allowed;
    2.
    Acoustical insulation must be installed and maintained
    in the vent opening on the roof of the acoustical celi
    chamber.
    Installation must be approved by the Agency;
    3.
    The acoustical test chamber must be maintained so the
    maximum effect of the chamber is not degraded,
    and;
    4.
    Fuse tests must be performed with all acoustical test
    cell openings closed to achieve maximum effect.
    5.
    Within 45 days of the date of this Order Kearney shall
    execute and forward to the Illinois Environmental
    Protection Agency, Division of Water Pollution Control,
    Variance Unit,
    2200 Churchill Road, Springfield, Illinois
    62706 a Certificate of Acceptance and Agreement to be
    bound to all terms and conditions of this variance.
    This 45—day period shall be held
    in abeyance for any
    period this matter is being appealed.
    The form of the
    Certification shall
    be as follows:
    CERTIFICATION
    Kearney
    —
    National,
    Inc.,
    a Delaware Corporation,
    is aware of and
    understands the Order of the Illinois Pollution Control Board in
    PCB 81—25 and hereby accepts said Order and agrees
    to he bound by
    all the terms and conditions thereof.
    Kearney—National,
    Inc.
    By
    —____
    Authorized Agent
    Title or Company Position
    6.
    Kearney shall continue
    to investigate and remain
    appraised of advances
    in the state of the art which
    may lead to ultimate compliance,
    and shall submit
    a written report to the Agency every 12 months during
    the period of the variance regarding
    such investigation
    and advances,
    as well
    as any progress toward compliance.
    IT
    IS SO ORDERED.
    Mr. Anderson abstained.
    I, Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control Board, hereby certify that the above Opinion and
    Order was adopted on the 7~day of
    ________________,
    1981
    by a vote of
    7/-C
    .
    /‘
    ~
    X/
    Christan L.
    Moffett,
    ~rk
    Illinois Pollution Control Board
    4~3—2s

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