ILLINOIS POLLUTION CONTROL BOARD
July 7,
1977
IN THE MATTER OF:
MOTOR VEHICLE NOISE REGULATIONS
)
R74-lO
OPINION AND ORDER OF THE BOARD
(by Mr. Dumelle):
On June
10,
1977 the Automotive Exhaust Systems Manufacturers
Committee
(AESMC) petitioned the Board to reconsider the language
in Rule 301 in the amendments to Chapter
8:
Noise Regulations
adopted on May
12,
1977.
AESMC felt that the prohibition against
modification o~rreplacement of automotive exhaust
systems
should be limited to those changes which produce excessive or
unusual noise.
On June 24,
1977 the Agency responded to AESMC’s petition
with a proposal that the Board adopt new language for Section 301
which would more nearly parallel the Motor Vehicle Muffler Provisidn
stated in the Illinois Revised Statutes in Chapter
95 1/2 at
Section 12-602.
The Agency’s ptOposal as stated in the Order
below would accornmmodate the AESMC’s petition and would conform
the language of Section 301 with the intent of the Board as stated
in its Opinion on May
26, 1977.
Upon a review of Section 301 of the amendments
to Chapter
8:
Noise Regulations the Board finds that the language contained in
the Order below reflects the correct interpretation of the
Board’s Opinion in this matter.
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 Section 301
of Chapter
8:
Noise Regulations of the Board’s Rules and Regulations
be amended to read as follows:
Rule 301: EXHAUST SYSTEM
No person shall operate or cause or allow the operation of
a motor vehicle on a public right of way unless
it is at all times
equipped with an adequate muffler or other sound dissipative
device which is:
a)
In constant operation and properly maintained to prevent
any excessive or unusual noise;
b)
Free from defects which affect sound reduction;
and
c)
Not modified in a manner which will amplify or increase
the noise of such muffler or other sound dissipative device
above that emitted by the muffler originally installed on the
vehicle so as to produce excessive or unusual noise.
IT
IS SO ORDERED.
Mr.
Youn~jdissents.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control
Board, hereby certif
the above Opinion and Order w re adopted on
the
7~
day of
,
1977 by a vote of___________________
Illinois Pollution