ILLINOIS POLLUTION CONTROL BOARD
    August 23,
    1979
    INTERNATIONAL HARVESTER COMPANY,
    Petitioner,
    V.
    )
    PCB 79—64
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    )
    Respondent.
    ROBERT
    T.
    PARK,
    KATZ,
    McANDRE~JS, DURKE
    & TELr~EEN, APPEARED ON
    I3EHALL?
    OF
    PETITIONER;
    REED
    NEUMAN,
    ASSISTANT
    ATTORNEY
    GENERAL,
    APPEARED
    ON
    BEHALF
    OF
    RESPONDENT.
    OPINION
    AND ORDER OF THE BOARD
    (by Mr. Goodman):
    A petition was filed by International Harvester Company
    (Harvester)
    on March 23,
    1979 requesting an extension of
    a
    variance
    from Rules
    202,
    204,
    205 and 206 of Chapter
    8:
    Pollu-
    tion Control Board Noise Regulations which
    had
    been
    granted
    by
    the Board on April
    28,
    1977 in PCB 76—222.
    The Environmental
    Protection Agency
    (Agency) filed
    a Recommendation on April
    26,
    1979.
    A hearing was held on July 23,
    1979.
    The Board has
    received an objection to the petition from a citizen of Illinois.
    Harvester owns and operates
    a facility
    in
    Canton,
    Illinois
    which principally manufactures farm equipment; however,
    this
    petition concerns Harvester’s Canton plant’s forge shop and
    the
    noise emissions therefrom.
    Some of the sources
    of noise
    are a variety of forge equipment, ventilation equipment and a
    Westrninister press.
    Harvester’s noise reduction projects,
    which were in process
    at the time of the earlier proceeding,
    led Harvester to relocate forge hammers, modify the exhaust
    vent, and enclose tumble mills.
    Harvester expended over
    $35,000 in making these changes.
    Although the Agency notes
    in its Recommendation that the
    plant’s noise emissions have one—sixth of the impact on the
    neighborhood which they had two to three years ago,
    (Agency
    Response Ex.4,
    p.8), the Agency maintains that Harvester con—
    tinues to violate Rules
    202,
    204,
    205 and 206, even though
    there
    is
    a substantially diminished impact upon human
    life
    from the emissions
    (Agency Response Ex.4,
    p.10).
    35—21 :3

    —2—
    The Agency estimates that it would cost Harvester up to
    $4,500,000
    to come into compliance with the rules
    (Agency Res-
    ponse Ex.4,
    p.6).
    The Agency’s recommendation is that Harves-
    ter be granted an extension of variance from the rules for
    three years or
    until the Board finally determines regulatory
    matters R76—14 and R76—19, whether
    or not Rule 206
    is revised.
    The Agency suggests,
    however,
    that any extension be
    conditional
    so
    as
    to
    require
    Harvester
    to
    continue
    attenuating
    noise
    levels
    and
    to
    continue
    researching
    methods
    to
    reduce
    forge
    plant
    noise
    (Agency Response Ex.4, p.2,3).
    One citizen wrote to the Board to request that the
    variance not be granted.
    The citizen claimed, that although
    noise
    levels are less than they were four years
    ago,
    it
    is
    extremely difficult
    for him to converse with someone more
    than four feet away in his back yard during the summer months.
    The Board recognizes
    this problem, even though there has been
    a uniform reduction of around eight decibels for steady state
    and for forge hammer noise levels
    (Agency Response Ex.4, p.7).
    Harvester has pursued a compliance program in good faith
    and in
    a timely manner.
    Changes have been inaugurated at the
    plant which have resulted
    in much—reduced noise emissions.
    The Board finds that to require Harvester to expend $4,500,000
    to reach compliance with the rules would constitute an arbit-
    rary and unreasonable hardship.
    The Board grants the petition subject, however,
    to con-
    ditions designed to relieve to the extent possible,
    the impact
    upon the surrounding area.
    The Board notes that the proximity
    of the residence to the Westminister press located
    in Building
    78
    is the gist of the problem, and therefore orders Harvester
    to present to the Agency a noise control plan designed to
    reduce the noise from that press.
    This Opinion constitutes the findings of fact and conclu-
    sions of
    law
    of the Board
    in this matter.
    ORDER
    It is the Order of the Pollution Control Board that
    International Harvester Company be granted an extension of
    its variance from Rules 202,
    204,
    205 and 206 of Chapter
    8:
    Pollution Control Board Noise Regulations for a period of
    three years or until the final determinations
    of regulatory
    proceedings R76—14 and R76—19, whichever event shall occur
    first,
    under the following conditions:
    A)
    International Harvester Company shall continue to reduce
    the size of the ventilation openings by partially clos-
    ing the large overhead doors
    of the west side of the plant
    whenever possible;

    —3—
    B)
    International Harvester Company shall continue to research
    methods of reducing forge plant noise;
    C)
    International Harvester Company shall report monthly to
    the Illinois Environmental Protection Agency,
    2200
    Churchill
    Road,
    Springfield, Illinois
    62706, all noise
    reduction achieved by closing
    the forge shop doors.
    Harvester shall also report the results of all noise
    abatement research,
    the first report to be submitted on
    or
    before six months from the date hereof, and subsequent
    reports to be submitted at six-month intervals thereafter;
    D)
    International Harvester Company shall submit within sixty
    days to the Illinois Environmental Protection Agency,
    at
    the address listed in subparagraph
    (C) above,
    a plan to
    reduce noise emissions from the Westminster press in
    Building
    78,
    such plan to include a measurement of exis-
    ting noise levels and the reduction in noise
    levels to
    be achieved
    by
    such plan;
    E)
    International
    Harvester
    Company
    shall
    not
    install
    any
    new equipment
    which
    would
    result
    in
    noise
    levels
    in
    ex-
    cess
    of
    Rules
    202,
    204,
    205
    or
    206
    of
    Chapter
    8:
    Pollu-
    tion
    Control
    Board
    Noise
    Regulations
    when
    measured
    at
    any
    receiver’s
    property,
    wherever situated;
    F)
    within
    45
    days
    of
    the
    date
    of
    this
    Order,
    the
    International
    Harvester Company shall
    execute and forward to the Illinois
    Environmental Protection Agency at the address
    listed in
    subparagraph
    (C) above,
    a Certification of Acceptance and
    Agreement
    to he hound to all terms and conditions of
    this
    Order.
    The
    45 day period shall be held in abeyance during
    any period this matter
    is being appealed.
    The form of said
    certification shall
    be as
    follows:
    CERTIFICATION
    I
    (We),
    _______-
    ,
    having read and
    fully understanding the Oraer in
    PC3
    79—64, hereby accept
    said Order and agree to be bound by all of the terms and con—
    ditions thereof.
    SIGNED
    TITLE
    DATE
    35—2 15

    —4—
    I,
    Christan
    L. Moffett, Clerk of the Illinois Pollution
    Control
    Board, heA~~certify
    above. Opinion and Order were
    adop~d on the ~
    day of
    ,
    1979 by a vote
    of
    ~O
    ~
    Illinois
    Pollutjo
    ntrol
    Board
    35—216

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