BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

 CLERK’S OFFICE

IN THE MATTER OF:

)

M/?~R

 5 2003

NOISE RULE UPDATE:

)

 R03-8

 ~~OW1~0IS

AMENDMENTS TO 35 ILL.

 ADM. CODE

)

 (Rulemaking

 o~osr~ontroJBOard

900

AND

903

)

NOTICE

PLEASE TAKE NOTICE that

 I have today filed with the Office

of the Clerk of the Pollution Control Board the Comments on the

Illinois Pollution Control Board’s Notice of Proposed Amendments

by the Office of the Attorney General

 State of Illinois,

 a copy

of which is hereby served upon you.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS,

ex

rel.

LISA

MADIGAN,

Attorney General of the State

of Illinois

MATTHEW J: DUNN,

 Chief

Environmental Enforcement!

Asbestos Litigation Division

ROSEMARIE CAZEAU,

 Chief

Environmental Bureau

Assistant Attorney General

BY:

¼j9’;v

JOEL

J.

 STERNSTEIN

Assistant Attorney General

Environmental Bureau

188 W. Randolph Street,

 20th Floor

Chicago,

IL

60601

(312)

 814-6986

SERVICE LIST

Dorothy Gunn

Clerk

Pollution Control Board

100 W. Randolph,

 Suite 11-500

Chicago,

 IL 60601

Kyle Rominger

Division of Legal Counsel

Illinois EPA

1021 N.

 Grand Avenue E.

Springfield,

 IL 62794-9276

Thomas Thunder

Acoustic Associates,

 Inc.

305 E. Northwest Highway

Palatine,

 IL 60067

Paul Schomer

Schomer

 & Associates,

 Inc.

2117 Robert Drive

Champaign,

 IL 61821

Robert

 T. Lawley

Dept.

 of Natural Resources

One Natural Resources Way

Springfield,

 IL 62702

George Kamperman

Kamperman Associates

 Inc.

312 Washington Ave.

Wisconsin Dells,

 WI 53965

Greg Zak

Noise Solutions by Greg Zak

36 Birch Drive

Chatham,

 IL 62629

BEFORE

 THE ILLINOIS POLLUTION CONTROL BOARDRECE!VED~

CLERK’S OFFI(F

IN THE MATTER OF:

)

MAR

 5 2003

NOISE

 RULE UPDATE:

)

R03-8

S~FEOF~WNO1S

AMENDMENTS TO 35

 ILL.

ADM.

 CODE

)

 (Rulemaking

~PP~J~)COntrO!BOard

900

AND

903

CO~ENTS ON THE ILLINOIS POLLUTION CONTROL BOARD’S

NOTICE OF PROPOSED AMENDMENTS

BY THE OFFICE

 OF THE ATTORNEY GENERAL

 STATE OF ILLINOIS

The Office of the Attorney General thanks the Illinois

Pollution Control Board

 (“Board”)

 for taking the initiative in

amending its noise regulations.

 The Office of the Attorney

General submits the following comments regarding the Board’s

Notice of Proposed Amendments to 35 Ill. Adm.

Code 900 published

at 25

 Ill. Reg.

1889

 (Feb.

7,

 2003):

The December 19,

 2002 opinion and order of the Board

indicated that the definitions and measurement procedures in the

current noise regulations were adopted in 1973 and have not been

amended or Ohanged since then.

 However, this

 is only part of the

history of the noise regulations.

 The Board amended the noise

regulationsin 1987 by adding a requirement for a one hour

measuring period based on a proposal by the General Motors

Corporation.

With nine octave bands under section 901.102

 it would take

nine hours

 in the field to complete these measurements.

 This

is

impractical, and the measurement of each octave band would occur

at different time periods and not be representative of the

characteristics of the noise source.

 It has not been

demonstrated that the one hour time is supported by any technical

or rational basis.

The proposed rule change at Section 900.103

 (b) (1)

 is as

follows:

All measurement and all measurement

procedures

 to determine whether emissions of

sound comply with 35

 Ill. Adm. Code 901

shall

 be based on Leq averaging,

as

defined in 35

 Ill. Adm. Code 900.-lOl, using

a reference time of one hour.

 (emphasis

added)

“Reference time”

 is not a defined term.

 It is inconsistent

with the Acoustical Terminology of ANSI §1-1-1994 and as

reaffirmed by ANSI on May 24,

 1999.

 It is also inconsistent

with

ANSI

 §1.13-1995 on the Measurement of Sound Pressure Levels

in Air and ANSI §12.9-1993/Part

3.

The Office of the Attorney General requests that the Board

amend the language at 35

 Ill. Adm. Code 900.103(b)

(1)

 to read as

follows:

b)

 Procedures Applicable only to 35

 Ill. Adm. Code 901

1)

 All measurement and all measurement

procedures to determine whether emissions of

sound comply with 35 Ill.

 Adm. Code 901 shall

be

 substantial conformity with ANSI §l.G-

1967, ANSI §1.4-1971

—

Type

 Precision, ANSI

§1.11-1966, and ANSI §1.13-1971 Field

Method,

.ai~dshall, with the exception of measurements

to determine whether emissions of sound

comply with 35 Ill Adm. Code 901.109, employ

a period of observation as determined by the

characteristics

 of the noise source. be based

on Leg averaging,

 as defined in 35

 Ill. Adm.

2

Code 900.101, using a reference time of one

hour.

 All such measurements and measurements

procedures for the 1-hr Leq must correct,

or

provide for the correction of such emissions,

for the presence of ambient or background

noise in accordance with the procedures in 35

Ill. Adm Code 910.as defined in

ANSI

§1.13-

1971.

 All measurements must be in conformity

with the following

ANSI

 standards,

incorporated by reference at Section 900.106:

A) ANSI §1.4-1983

 (R2001)

 “American

National Standard Specification for

Sound Level Meters.”

B)

ANSI

 §1.6-1984

 (R2001)

 “American

National Standard Preferred Frequencies,

Frequency Levels,

 and Band Numbers for

Acoustical Measurements.”

C) ANSI §1.11-1986

 CR1998)

 “American

National Standard Specification for

Octave-Band and Fractional-Octave-Band

Analog and Digital Filters.”

D) ANSI §1.13-1995

 (Rl999)

 “American

National Standard Measurement of Sound

Pressure Level

 in Air.”

E)

 ANSI

 §12.9-1993/Part

 3 “Quantities

and Procedures For Description and

Measurement of Environmental Sound.”

The Office of the Attorney General requests that the Board

add “ANSI §12.9-1993/Part

3

 ‘Quantities and Procedures For

Description and Measurement of Environmental Sound.’” as a new

Subsection at 35

 Ill. Adm. Code 900.106 (a) (10).

The Office of the Attorney General also requests that the

Board delete the references to “The Agency”

 at 35

 Ill. Adm. Code

900.103(c) (3)

and

 (e) (3)

 replace it with “The Board”.

In view of the Agency’s comments indicating it no longer has

a noise program,

 the Office of the Attorney General requests that

the Agency amend Part 951 of the noise regulations at 35

 Ill.

Adm. Code 951.100,

 951.101 and 951.104 by changing all references

from “Agency personnel” to “Agency or other qualified personnel”.

These amendments are intended to allow other governmental agency

personnel and professional acoustical consultants to take

measurements consistent with the aforementioned ANSI procedures

to determine compliance with the Board’s Noise Rules.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS,

ex rel.

LISA

MADIGAN,

Attorney General of the State

of Illinois

MATTHEW

J. DUNN,

 Chief

Environmental Enforcement!

Asbestos Litigation Division

ROSEMARIE CAZEAU,

 Chief

Environmental Bureau

Assistant Attorney General

BY:

___________

JOEL J. STERNSTEIN

Assistant Attorney General

Environmental Bureau

188 W. Randolph Street, 20th Floor

Chicago,

IL

60601

(312)

 814-6986

177.7

CERTIFICATE

 OF SERVICE

I,

 JOEL J.

 STERNSTEIN,

 an Assistant Attorney General,

certify that on the 5th day of March,

 2003,

 I caused to be served

by First Class Mail the foregoing to the parties named on the

attached service list, by depositing same in postage prepaid

envelopes with the United States Postal Service located at 100

West Randolph Street,

 Chicago,

 Illinois 60601.

JOELJ.

 STERNSTEIN