IN THE MATTER OF:
NOISE RULE UPDATE
AMENDMENTS TO 35
ILL. ADM.
CODE 900 AND 903
~EC~1V~ED
CLERK’S ~
DEC
1
2
2002
STATE
OF
~
Pollution Control Board
R03-8
(Rulemaking-Noise)
Dorothy Gunn,
Clerk
Pollution Control Board
James R.
Thompson Center
100 W.
Randolph,
Ste.
11-500
Chicago,
Illinois
60601
Robert
T. Lawley
Dept. Of Natural Resources
One Natural Resources Way
Springfield,
Illinois 62702
PLEASE TAKE NOTICE that
I have today filed with the Office of the
Clerk of the Pollution Control Board the Comments of the Illinois
Environmental Protection Agency,
a copy of which is herewith served
upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
By:
Kyle Ro~inger
Assistant Counsel
DATE: December 11,
2002
Agency File
#:
Illinois Environmental
Protection Agency
1021 North Grand Ave.
East
P.O. Box 19276
Springfield,
IL 62794-9276
BEFORE
~
~
BOARD
OF
HE STATE OF ILLINOIS
)
)
)
)
NOTICE
THIS FILING
IS SUBMITTED ON RECYCLED
PAPER
IN THE MATTER OF:
NOISE RULE UPDATE:
AMENDMENTS TO
35
ILL. ADM.
CODE
900 AND
903
R03-8
(Rulemaking
-
Noise)
CLERK’S
OFF1C’F
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
-
DEC
12
2002
)
STkIE OF
1L~p~
Pollution
Control Board
COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
NOW COMES the Illinois Environmental Protection Agency (“Illinois
EPA”), by and
through its
attorney,
and submits the following comments to the Illinois Pollution Control Board’s
(“Board’s”) proposed amendments
to
35
Ill. Adm. Code 900 and 903 (“Parts 900 and 903”):
The Illinois EPA appreciates the opportunity to submit comments to
the Board regarding the
proposed amendments to
Parts 900 and 903.
In addition to
the amendments proposed by the Board,
the Illinois EPA requests that the Board also amend Part 900 as shown in Attachment A.
Please
note that Attachment A contains only the changes to
35
Ill.
Adm. Code 900.103
and 900.104
requested by the Illinois EPA, and does not reflect the amendments proposedby the Board.
The reason for the requested amendments is that the Illinoi~
EPA no longer operates a noise
program.
The Illinois EPA’s sole noise technician retired in 2001
and will not be replaced due to
a
lack offunding.
Therefore, the Illinois EPA requests that its affirmative obligations and
discretionary authority under the Board’s noise regulations be repealed.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Kyle Rominger, Assistant Co~i~1
ATTACHMENT A
Section 900.103
Measurement Procedures
a)
Procedures
Applicable
to all
of35
Ill.
Adm.
Code:
Subtitle H, Chapter I
Procedures
The Agency may adopt procedures which set
forth criteria for the
measurementofsound.
Such procedures shall be in substantial conformity with
standards
and recommended practices established by the American National
Standards Institute,
Inc.
(ANSI) or the Society ofAutomotive Engineers, Inc.
(SAE), and the latest revisions thereof, including ANSI S1.1-1960, ANSI §1.8-1969,
ANSI
§
1.2-1962, and SAE J-184.
Such procedures shall be revised from time to
time to reflect current engineeringjudgment and advances in noise measurement
techniques.
Such procedures, and revisions, thereof, shall not become effective until
filed with the Administrative Code Division of the Office ofthe Sccretary ofState as
required by the Illinois Administrative Procedure Act Ill.
Rev.
Stat.
1985,
ch.
127,
nnr~
1001
et.
seq.
b)
Procedures Applicable only to
35
III. Adm.
Code 901
All measurement and all measurement procedures to determine whether emissions of
sound comply with 35 Ill.
Adm.
Code 901
shall be in substantial conformity with
ANSI §1.6-1967, ANSI §1.4-1971
--
Type I Precision, ANSI §1.11-1966, and ANSI
§
1.13-1971 Field Method, and shall with the exception ofmeasurements to
determine whether emissions ofsound comply with 35 Ill. Adm.
Code 901.109, be
based on Leq averaging, as defined in 35 Ill. Adm. Code 900-101, using a reference
time ofone hour.
Al such measurements and measurements procedures shall correct
or provide for the correction of such emissions for the presence of ambient noise as
defined in ANSI §1.13-1971.
c)
Procedures Applicable only to
35 Ill.
Adm.
Code 902
1)
Measurement procedures to
determine whether emissions ofsound comply
with 35
Ill.
Adm.
Code 902.120
through 902.123
shall be in substantial
conformity with ANSI
§
1.4-1971
--
Type I Precision or Type II General
Purpose, and ANSI
§
1.13-1971 Field Method, provided that procedures for
measurement under 35
Ill.
Adm.
Code 902.123 shall be in substantial
conformity with those established by the U.S.
Department ofTransportation
pursuant to
Section
18 ofthe Federal Noise Control Act of 197242 U.S.C.
§4901
et seq.
2)
The Agency may provide formeasurement at distances other than the
50 feet
specified in 35 Ill.
Adm.
Code 902.120 through 902.123 provided that
correction factors are applied so that the sound levels so determined are
substantially equivalent to
those measured at 50 feet and the measurement
4~ee
excee
correction factors used shall be
does not
d- 100 feet.
The
consistent with California Highway Patrol Sound ~
STATE OF ILLiNOIS
)
)
COUNTY OF SANGAMON)
PROOF OF SERVICE
I, the undersigned,
on oath state that I have served the attached
Comments on behalf
ofthe Illinois Environmental Protection Agency upon the person to whom it is directed,
by placing a copy in an envelope addressed to:
Dorothy M. Gunn, Clerk
Robert T. Lawley
Pollution Control Board
Dept. OfNatural Resources
James R. Thompson Center
One Natural Resources Way
100 West Randolph St., Ste
11-500
Springfield, Illinois 62702
Chicago, Illinois 60601
and mailing it from Springfield, Illinois on
I ~R
I
—
~
k
SUBSCRIBED AND SWORN TO BEFORE ME
this jJji~lay
of______
~
A
:~
OFFICIAL
SEAL
\~
~
BRENDA
BOEHNER
~:
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
:~
Notary Public
~Mv
COMMISSION
EXPIRES
11.14;2OO5~
THIS FILING IS SUBMITTED ON RECYCLED
PAPER