ILLINOIS POLLUTION CONTROL BOARD

March21, 200i

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MI~R

212003

STATE OF 1Lup~~~

Pollution Control Beard

Dr. Paul Schomer

Acoustical Society ofAmerica

2ll7RoperDr.

Champaign, Il 61821

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Dear Dr. Schomer:

On March 12, 2003, we received your letter regarding Proposed New and

Updated Rules for Measurement and Numerical Sound Emission Standards

Amendments to

Ill. Adm. Code 901 and 910, R03-9 (February 20, 2003). The

letter indicates that the text ofthe Board’s proposed rules at

Ill. Adm. Code

910.106 and 910.107 was taken from ANSI standards.

A review ofour records indicates that the proposed Sections 910.106 and

910.107 are based upon the Illinois Department ofEnergy and Natural Resource’s

noise study entitled “Proposed Revisions to Property Line Noise Source

Measurement Procedures” (ILENRIRE-EA-91/10, printed June 1991, Springfield,

IL). The Department’s noise study was published in June 1991. The study was

specifically intended to describe and develop systematic noise measurement

procedures consistent with the Board’s noise rules.

In 1991, the Board used the Department’s study as the basi~for the Board’s

proposal in Amendments to 35 Iii. Adm. Code Subtitle H Noise-Pertaining to

Definitions. Measurement Procedures, and Sound Emission Standards Relating to

Certain Noise Sources, R91-25 (Oct. 24, 1991)). The current Board rule is a

continuation of the Board’s ongoing efforts to update the Board’s rules.

We have reviewed the law on copyrighted materials and note that Section

201 of the copyright law states that in the case ofwork made for hire, the employer

owns all ofthe rights comprised in the copyright. 17 U.S.C.

201. Section 101 of

the copyright law (17 U.S.C.

101) defines “work made for hire” as a work

prepared by an employee within the scope of his employment. Furthermore the

materials used in preparing this rulemaking proposal are all material which have

been previously included in the public record.

Based on these~actsthe Board declines to comply with your request.

Please feel free to contact Kathleen M. Crowley, our senior attorney, if you have

additional questions.

Sin rely,

o as F. Johnson

Chairman, Pollution Control Board