ILLINOIS POLLUTION CONTROL BOARD

June 5, 2003

IN THE MATTER OF: )

)

NOISE RULE UPDATE: ) R03-8

AMENDMENTS TO 35 ILL. ADM. ) (Rulemaking - Noise)

CODE 900 AND 903 )

Proposed Rule. Second Notice.

OPINION AND ORDER OF THE BOARD (by M.E. Tristano and W.A. Marovitz):

Pursuant to 35 Ill. Adm. Code Part 102 Subpart B and Sections 27 and 28 of the Illinois

Environmental Protection Act (Act), 415 ILCS 5/27/28 (2002), the Illinois Pollution Control

Board opened this rulemaking to amend and update the Board’s noise rules in Noise Rule

Update: Amendments to 35 Ill. Adm. Code 900 and 903, R03-8 (Sept. 19, 2002).

The noise rules affected are set forth at 35 Ill. Adm. Code 900 and 903. These are

general provisions dealing with the definitions of acoustical terminology, prohibition against

noise pollution, and sound measurement procedures. The proposed changes involve the updating

of definitions and sound measurement procedures. The Board adopted these definitions and

measurement procedures in 1973 in Noise Pollution Control Regulations, R72-2 (July 31, 1973),

and modified them in 1987 in General Motors Corp. Proposed Amendments to 35 Ill. Adm. Code

900.103 and 900.104, R83-7 (Jan. 22, 1987). In 1987, the Board modified the regulations by

adding a one-hour equivalent sound averaging period based on General Motors Corporation’s

proposal. The bases for the changes proposed in this rule are: extensive research conducted by

the Board and the Department of Energy and Natural Resources

from 1986–1991 and the

American National Standards Institute updates from the years 1998-2001.

The Board also proposes to repeal Part 903, which specifies rules and regulations for the

control of noise from motor racing facilities. Since the adoption of these rules, Section 25 of the

Act has been modified to exclude organized sporting events, including motor racing facilities

from the Board’s noise regulations. 415 ILCS 5/25 (2002).

The instant rulemaking is closely associated with the recently opened docket Proposed

New and Updated Rules for Measurement and Numerical Sound Emissions Standards

Amendments to 35 Ill. Adm. Code 901 and 910, R03-9 (Feb. 20, 2003). R03-9 revises outdated

numerical sound emission standards for property line noise sources found at 35 Ill. Adm. Code

Parts 901 and adds Part 910 to the Board’s rules that incorporates noise measurement techniques

currently contained only in Illinois Environmental Protection Agency (Agency) rules at 35 Ill.

Adm. Code 951.

In 1995, the Department of Natural Resources Act P.A. 89-50 (eff. July 1, 1995) (20 ILCS

5/801

et seq

. (2002))

merged DENR into the Department of Natural Resources.

By today’s action the Board adopts the proposed rule for second notice, pursuant to the

Illinois Administrative Procedure Act (5 ILCS 100/1-1). No comments were received during the

additional public comment period of 45 days afforded this rule after the first notice period. The

proposal adopted here is unchanged from that adopted by the Board’s April 3, 2003 proposed

second-notice opinion and order. Noise Rule Update: Amendments to 35 Ill Adm. Code 900

and 903, R03-8 (Apr. 3, 2003). The following opinion will provide a proposal overview,

modifications made during the first notice period, and discuss the economic reasonableness and

technical feasibility of the rule.

PROCEDURAL HISTORY

The Board issued a proposal for public comment on October 3, 2002. Noise Rule

Update: Amendments to 35 Ill. Adm. Code 900 and 903, R03-8 (Oct. 3, 2002). The Board

elicited comments from the public and those involved in prior rulemakings involving noise

regulation. Individuals who were on the notice list were sent drafts of the rule and the hearing

dates. In addition, the proposed rule was posted on the Board’s website. The Board has held

three hearings in this matter. The first hearing was held in Chicago on November 7, 2002, and

the second hearing was held in Springfield on November 21, 2002. There were no members of

the public in attendance at the hearings. The Board received one comment from the Agency on

December 12, 2002 (PC 1). On December 19, 2002, the Board adopted the proposal for first

notice.

Finally, a hearing was conducted in Chicago on May 15, 2003 regarding the economic

reasonableness and technical feasibility of the rule.

The Board received seven public comments since the Board issued the proposal. The

public comments are PC 1 and 5 filed by Kyle Rominger of the Agency; PC 2 filed by Paul

Schomer of Schomer and Associates; PC 3 filed by Greg Zak of Noise Solutions; PC 4 filed by

Thomas Thunder of Acoustic Associates, Ltd.; PC 6 filed by Joel Sternstein of the Attorney

General’s Office for George Kamperman of Kamperman Associates Inc.; and PC 7 filed by Joel

Sternstein of the Attorney General’s Office. The comments were generally supportive but did

raise important issues which the Board will address later in this opinion.

On April 3, 2003, the Board determined that due to the significant modifications made to

the proposed rulemaking during first notice, a pre-second notice comment period of 45 days

should be opened. All parties to the service list and commentors were given a copy of the

Board’s revised proposal. The Board also published the modified rule on its website. The Board

received no comments during the comment period.

PROPOSAL OVERVIEW

Noise Rule Update: Amendments to 35 Ill. Adm. Code 900 and 903, R03-8 (Dec. 19, 2002).

First notice publication occurred in the

Illinois Register

, February 7, 2003, at 1889

et seq

. and

1909

et seq

The noise rules affected are set forth at 35 Ill. Adm. Code 900 and 903. These are

general provisions dealing with the definitions of acoustical terminology, prohibition against

noise pollution, and sound measurement procedures. The proposed changes involve the updating

of definitions and sound measurement procedures. These definitions and measurement

procedures were adopted in 1973 and were modified in 1987 in General Motors Corp. Proposed

Amendments to 35 Ill. Adm. Code 900.103 and 900.104, R83-7 (Jan. 22, 1987). The most

important updates relate to the definition of ambient, intermittent sound, and period of

observation. The basis for these changes is the American National Standards Institute (ANSI)

updates from the years 1998-2001. The Board also incorporates by reference the ANSI updates.

The Board also proposes to repeal Part 903, which specifies rules and regulations for the

control of noise from motor racing facilities. Since the adoption of these rules, Section 25 of the

Environmental Protection Act has been modified to exclude organized sporting events, including

motor racing facilities from the Board’s noise regulations. 415 ILCS 5/25 (2002).

COMMENTS AND MODIFICATIONS

During the first notice public comment period, the Board noted the need to include three

additional definitions and the inclusion of another document by reference. These definitions are

discrete tone, highly impulsive sound and the acronym for Land-Based Classification Standards.

Discrete tone: a sound wave whose instantaneous sound pressure varies

essentially as a simple sinusoidal function of time.

Highly impulsive sound either a single pressure peak or a single burst (multiple

pressure peaks) for a duration usually less than one second. Examples of

impulsive sound sources are a drop forge hammer and explosive blasting.

LBCS: the Land-Based Classification Standards which designate land use

functions by means of numeric codes.

Also, to be consistent with Noise Rule Update: Amendments to 35 Ill. Adm. Code 902,

R03-9 (Feb. 20, 2003), the Board has incorporated by reference the

International

Electrotechnical Commission, IEC 804-2000, Integrating/Averaging Sound Level Meters

During the first notice period, four of the public comments, PC 2, PC 4, PC 6, and PC 7,

suggested that the Board incorporate the ANSI S12.9-1993 (R 1998)

American National

This definition is taken from the Agency’s regulations at 35 Ill. Adm. Code 951.103.

Due to a typographical oversight, the first-notice opinion and order did not include a definition

of impulsive sound. The Board has a current definition of impulsive sound found at 35 Ill. Adm.

Code 900.103. Today, the Board includes a definition of “highly impulsive sound” to be

consistent with the terminology used in the Board’s proposal in Noise Rule Update:

Amendments to 35 Ill. Adm. Code 902, R03-9 (Feb. 20, 2003). The Board also includes

erroneously omitted definitions for “bus,” “motor vehicle,” and “IHRA.”

Standard Quantities and Procedures for Description and Measurement of Environmental Sound,

Part 3: Short-term Measurement with an Observer Present.

Mr. Thunder’s comment is typical

of those received. PC 4. Mr. Thunder notes that the Board has incorporated Part 1 which

addressed definitions for standard quantities but does not include Part 3 which is the most

relevant American National Standard dealing with the type of measurements and procedures. PC

4 at 2. The Board agreed that it was logical to add Part 3 and modified the proposed rule to

include this document as an incorporation by reference at Section 900.106.

Mr. Thunder also suggested that the Board modify the definition of “background sound

level” to be congruent to the definition in ANSI S12.9 Part 3. PC 4 at 2. Accordingly, the Board

has changed the definition of “background sound level” to “background ambient sound level,”

with a cross reference to 35 Ill. Adm. Code 910, which sets forth protocols for measuring the

background ambient noise. Also, the Board added some clarifying language to the definition of

“ambient” at Section 900.103. PC 2 at 2. Mr. Thunder argued that the use of the term “period

of observation” within the draft is not fully consistent with current ANSI terminology and

suggests that “measurement period” is more appropriate. PC 2 at 2. The Board agreed and made

changes to Section 900.103 to reflect the new terminology.

The Agency requested that the Board amend language to 35 Ill. Adm. Code 900.103 and

900.104. PC 1 at 1. The reason for the requested changes was that the Agency no longer

operates a noise program. PC 1 at 1. Therefore, the Agency requested that its affirmative

obligations and discretionary authority under the Board’s noise regulations be repealed. The

Board will continue to include discretionary authority in Section 900.103. The Board will not

remove the affirmative obligations from Section 900.104. As Section 900.104 contained no

changes at first notice, the Board is prohibited from making any changes for second notice.

See

5/ILCS 100/1-90(b)(1); 1 Ill. Adm. Code 229.600 (a)(3).

MEASUREMENT PERIOD AND ONE HOUR EQUIVALENT SOUND LEVEL (LEQ)

HISTORICAL PERSPECTIVE

The Board adopted its first comprehensive noise regulation on July 31, 1973. Noise

Pollution Control Regulations, R72-2 (July 31, 1973). In the Board’s opinion in support of the

noise regulation, the Board describes the regulation as “designed to protect people in the state

from the unreasonable exposure to environmental noise burdens.” Noise Pollution Control

Regulations, R72-2 (July 31, 1973), slip op. at 20, 36. The limits established in 1973 and

contained in Part 900 and 901 as adopted in 1973, calculated the nuisance noise level by taking

the maximum sound pressure exerted during the observation period. Noise Pollution Control

Regulations, R72-2 (July 31, 1973), slip op. at 6. Further, the regulations allowed one to define

the period of measurement as 24 hours.

General Motors Corporation (GM) filed a petition for modification of the Board’s noise

regulation on February 24, 1983. GM proposed amendments to 35 Ill. Adm. Code 900.103(b)

“Measurement Procedures” applicable to Part 901 to require the use of “one-hour Leq averaging

in determining compliance with the regulation.” The Board held hearings on the proposal on

June 22 and November 22-23, 1983. General Motors Corp. Proposed Amendments to 35 Ill.

Adm. Code 900.103 and 900.104, R83-7 (Jan. 22, 1987), slip op. at 1. GM, the Agency and

Department of Natural Resources were the only active participants in these proceedings. On

November 7, 1985, the Board proposed for first notice these amendments to its rules.

Subsequent to publication the Board received three public comments which led to modification

of the proposed rule but not the areas addressing Leq or the measurement period. General Motors

Corp. Proposed Amendments to 35 Ill. Adm. Code 900.103 and 900.104, R83-7

(Jan. 22, 1987), slip op. at 2.

By amending Section 900.103(b) in 1987, the Board further endorsed the use of ANSI

standards and introduced Leq averaging as the statistical measure for measuring noise and

established a one-hour measurement period. The Board’s decision of 1987 reflected the

recognition of enhanced measuring capabilities and the emergence of Leq as the standard sound

level measurement. GM was concerned that the longer 24-hour period, prior to Board

modification, coupled with an inaccurate equation for determining equivalent sound levels,

would overstate fluctuating sound of high intensity. In support of adoption of the Leq, the Board

referred to research completed contemporaneous or subsequent to the 1973 rule adoption such

as:

Public Health and Welfare Criteria for Noise

, published July 27, 1973 by the

United States Environmental Protection Agency (USEPA);

Information on Levels of Environmental Noise Requisite to Protect Public Health

and Welfare with an Adequate Margin of Safety

, published in April 1974 by the

USEPA;

Toward a National Strategy for Noise Control

, published in April 1977 by the

USEPA’s former Office of Noise Abatement and Control;

Sound Level Descriptors for Determination of Compatible Land Use

, from ANSI

S3.23-1980; and

Method for Assessment of High-Energy Impulsive Sounds with Respect to

Residential Communities

, from ANSI S12.4-198X (June 1983 Draft).

Each of these documents provided support that Leq averaging was clearly becoming the standard

sound level measure to accurately describe community response to noise. General Motors Corp.

Proposed Amendments to 35 Ill. Adm. Code 900.103 and 900.104, R83-7 (Jan. 22, 1987), slip

op. at 11. Once the Board accepted the concept that use of a measurement statistic which

averages sound pressure levels as appropriate rather than the maximum sound pressure, the

Board needed to address the period of measurement. In 1987, much of the literature spoke about

a 24-hour observation period, but the Board concluded that if an averaging method such as Leq

were used, then requiring a 24-hour observation for each of the 8 octave bands would be too

daunting a requirement. General Motors Corp. Proposed Amendments to 35 Ill. Adm. Code

General Motors Corp. Proposed Amendments to 35 Ill. Adm. Code 900.103 and 900.104, R83-

7 (Jan. 22, 1987), slip op. at 10-11.

900.103 and 900.104, R83-7 (Nov. 7, 1985), (Jan. 22, 1987). The Board determined that an

observation period of one hour would be a reasonable requirement for enforcement purposes.

During first notice the Board circulated Part 900 without modifying either the use of Leq

or the one-hour period of observation for all types of sound measurement. Seven public

comments were received suggesting that the Board further enhance its rule to reflect the

dichotomy between steady and non-steady sound. The commenters agree that a one-hour

measurement period is reasonable when confronted with non-steady sound but excessively

lengthy when the potential noise pollution is caused by a steady source. Some suggest a

modification of the observation period for steady sound in the range of one minute (PC 3, PC 4),

10 minutes (PC 2), and 30 minutes (PC 4). The Board modified the first notice proposal to

reflect a ten-minute measurement period for steady sound; no comments were received from the

public during the pre-second notice period. In today’s proposal at Section 900.103(b)(1)(B), the

Board proposes at least a ten-minute measurement period for steady sound.

The Board agrees to modify the first-notice proposal to reflect a difference in the period

of observation for steady and non-steady sound emissions. It accepts the argument that the Leq

measurement of steady sound would not be significantly affected by reducing the measurement

period.

In addition, the Board received technical and non-substantive comments from the Joint

Committee on Administrative Rules which the Board incorporates into the second-notice

proposal.

ECONOMIC REASONALBENESS AND TECHNICAL FEASIBLILITY OF THE

PROPOSAL

During the first notice, the Board has received no comments discussing economic

reasonableness and technical feasibility of the proposed rule. On April 9, 2003, pursuant to

Section 27(b) of the Act (415 ILCS 5/27(b) (2002)), the Board requested that the Department of

Commerce and Economic Opportunity (DCEO) conduct an economic impact study on the

proposed rule. On April 17, 2003, DCEO responded that does not have staff or budget resources

to perform economic impact studies on proposed rulemaking. At the May 15, 2003 hearing on

the economic reasonableness and technical feasibility of the proposed rule, the Board provided

copies of the DCEO letter and the Boards’ request. The Board received no comments at hearing

or public notice.

CONCLUSION

The Board today proposes for second notice amendments to the Board’s noise rules. The

Board is adopting the proposed rule with no change from its proposed second notice.

ORDER

The Board directs that the following rule be filed with the Joint Committee on

Administrative Rules for second-notice review.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE H: NOISE

CHAPTER I: POLLUTION CONTROL BOARD

PART 900

GENERAL PROVISIONS

Section

900.101 Definitions

900.102 Prohibition of Noise Pollution

900.103 Measurement Procedures

900.104 Burden of Persuasion Regarding Exceptions

900.105

900.106

Severability

Incorporation by Reference

APPENDIX A Old Rule Numbers Referenced OLD RULE NUMBERS

REFERENCED

AUTHORITY: Implementing Section 25 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1985, ch. 111 1/2, pars. 1025 and 1027) [415 ILCS 5/25 and 27].

SOURCE: Originally filed as Part 1 of Chapter 8: Noise Pollution, effective August 10, 1973;

amended at 2 Ill. Reg. 27, p. 223, effective June 26, 1978; amended at 5 Ill. Reg. 6371,

effective June 1, 1981; amended at 5 Ill. Reg. 8533, effective August 10, 1981; amended at 6

Ill. Reg. 10960, effective September 1, 1982; codified at 7 Ill. Reg. 13579; amended in R83-7

at 11 Ill. Reg. 3121, effective January 28, 1987; amended in R03-8 at ____ Ill. Reg. ___,

effective ________.

Section 900.101 Definitions

Except as hereinafter stated and unless a different meaning of a term is clear from its context, the

definitions of terms used in this Chapter are shall be the same as those used in the Environmental

Protection Act. All definitions of acoustical terminology must shall be in conformance with

those contained in American National Standards Institute (ANSI) S1.1 – 1994 1960 (R1999)

“American National Standard Acoustical Terminology”and S12.9- 1988 (R1998) “American

National Standard Quantities and Procedures for Description and Measurement of Environmental

Sound - Part 1,” incorporated by reference at Section 900.106. As used in 35 Ill. Adm. Code

900 through 910 905, the following terms mean:

A-Weighted Sound Level: dB(A), in decibels, a frequency weighted ten times the

logarithm to the base 10 of the square of the ratio of the A-weighted (and time-averaged)

sound pressure level, to the reference sound pressure of 20 micropascal. The frequency

and time weighting must be determined by the use of the metering characteristics and A-

weighted network specified in accordance with ANSI §1.4-1971 (R. 1976) S1.4–1983

(R2001) “American National Standard Specification for Sound Level Meters,”

incorporated by reference at Section 900.106 and the latest revisions thereof. The unit of

sound level is the decibel (dB) with the letter (A) appended to the decibel unit symbol to

indicate the frequency weighting and written as dB(A).

AHRA: American Hot Rod Association or its successor body.

Ambient: the all-encompassing sound associated with a given environment without

contributions from the noise source or sources of interest.

Angle of incidence: the orientation of the microphone relative to the sound source.

ANSI: American National Standards Institute or its successor bodies.

Antique vehicle: a motor vehicle that is more than 25 years of age or a bona fide replica

thereof and which is driven on the highways only going to and returning from an antique

auto show or an exhibition, or for servicing or demonstration, or a fire-fighting vehicle

more than 20 years old which is not used as fire-fighting equipment but is used only for

the purpose of exhibition or demonstration.

Background ambient Sound Level: means the ambient sound level the A-weighted sound

level, measured in accordance with the procedures specified in 35 Ill. Adm. Code 910.

Section 900.103, which is exceeded 90 percent of the time during the period of

observation, during which sounds from motor racing facilities are inaudible. The period

of observation need not necessarily be contiguous; however, the period of observation

must be at least of 10 minutes duration.

Bus: every motor vehicle designed for carrying more than 10 passengers and used for the

transportation of passengers; and every motor vehicle, other than a taxicab, designed and

used for the transportation of persons for compensation.

C-weighted Sound Level: in decibels, a frequency-weighted sound pressure level,

determined by the use of the metering characteristics and C-weighted network specified

in ANSI document §1.4-1971 S1.4-1983 (R2001. 1976) “ American National Standard

Specification for Sound Level Meters.,” incorporated by reference at Section 900.106.

Construction: on-site erection, fabrication, installation, alteration, demolition or removal

of any structure, facility, or addition thereto, including all related activities including, but

not restricted to, clearing of land, earth-moving, blasting and landscaping.

Daytime hours: 7:00 am to 10:00 pm, local time.

dB(A): see “A-weighted Sound Level.”

Dealer: every person engaged in the business of selling vehicles to persons who purchase

such vehicles for purposes other than resale, and who has an established place of business

for such activity in this state.

Decibel (dB): a unit of measure, on a logarithmic scale to the base 10, of the ratio of the

magnitude of a particular sound pressure to a standard reference pressure, which, for

purposes of this Chapter, shall be 20 micronewtons per square meter (μuN/m

) or 20

micropascals (u

Pa).

Discrete tone: a sound wave whose instantaneous sound pressure varies essentially as a

simple sinusoidal function of time.

Drag racing: any acceleration contest between two racing vehicles racing from a

standing start over a precisely measured, straight line course.

Drag racing facility: any motor racing facility upon which is conducted drag racing.

Drag racing vehicle: any racing vehicle which is participating in a drag race at a drag

racing facility.

Exhaust system: the system comprised of a combination of components which provides

for the enclosed flow of exhaust gas from engine parts to the atmosphere.

Existing motor racing facility: any motor racing facility, the construction of which

commenced prior to August 10, 1973.

Existing property-line-noise-source: any property-line-noise-source, the construction or

establishment of which commenced prior to August 10, 1973. For the purposes of this

sub-section, any property-line-noise-source whose A, B or C land use classification

changes, on or after August 10, 1973, is shall not be considered an existing property-line-

noise-source.

Farm tractor: every motor vehicle designed and used primarily as a farm implement for

drawing wagons, plows, mowing machines and other implements of husbandry, and

every implement of husbandry which is self-propelled.

Fast Dynamic Characteristic: the dynamic characteristic specified as fast in ANSI §S1.4-

198371 (R-2001. 1976) “American National Standard Specification for Sound Level

Meters,” incorporated by reference at Section 900.106 and the latest revision thereof.

Fast meter response: as specified in ANSI §1.4-1971, S1.4–1983 (R2001) “American

National Standard Specification for Sound Level Meters,” incorporated by reference at

Section 900.106 or subsequent revisions.

Fluctuating sound: a class of non-steady sound where sound pressure level varies over a

range greater than 6 decibels (dB) with the “slow” meter characteristic, and where the

meter indication does not equal the ambient level more than once during the

measurement period of observation.

Frequency-weighted sound pressure: root mean square of the instantaneous sound

pressure which is frequency-weighted (i.e., filtered) with a standard frequency

characteristic (e.g., A or C) and exponentially time-weighted in accordance with the

standardized characteristics slow (S), fast (F), impulse (I) or peak, with both weightings

specified in accordance with ANSI S1.4–1983 (R2001) “American National Standard

Specification for Sound Level Meters,” incorporated by reference at Section 900.106.

The frequency weighting used shall be specified explicitly (e.g., A, C or octave band).

The unit frequency-weighted sound pressure is the pascal (Pa).

Gross Vehicle Weight (GVW): the maximum loaded weight for which a motor vehicle is

registered or, for vehicles not so registered, the value specified by the manufacturer as the

loaded weight of the vehicle.

Highly Impulsive Sound: either a single pressure peak or a single burst (multiple pressure

peaks) for a duration usually less than one second. Examples of highly impulsive sound

sources are drop forge hammer and explosive blasting.

Highway: the entire width between the boundary lines of every way publicly maintained

when any part thereof is open to the use of the public for purposes of vehicular travel.

Impulsive sound: either a single pressure peak or a single burst (multiple pressure peaks)

for a duration usually less than one second. Examples of impulsive sound sources are a

drop forge hammer and explosive blasting.

IHRA: International Hot Rod Association or its successor body.

Intermittent sound: a class of nonsteady sound where the meter indicates a sound

pressure level equal to the ambient level two or more times during the measurement

period of observation. The period of time during which the level of the sound remains at

a value different from that of the ambient is of the order of one second or more.

LBCS: the Land-Based Classification Standards which designate land use functions by

means of numeric codes.

Leqeq: equivalent continuous sound pressure level in decibels: ten times the logarithm to

the base ten of the ratio of a time mean square sound pressure, during the specified time

period, to the square of reference sound pressure. The reference sound pressure is 20

micronewtons per square meter or equivalent continuous frequency-weighted sound

pressure.

Leq (A): A-weighted time-average (equivalent-continuous) sound pressure level.

Leq (octave band-Hz): time-average (equivalent-continuous) sound pressure level in the

octave band specified by its center frequency e.g. Leq (125-Hz).

Measurement Period of observation: the time interval during which acoustical data are

obtained. The measurement period of observation is determined by the characteristics of

the noise being measured and must be at least ten times as long as the response time of

the instrumentation. The greater the variation in indicated sound level, the longer the

observation time must be for a given expected precision of the measurement.

Midget racing vehicle: a front engine, single seat, openwheel racing car smaller and of

lesser engine displacement then standard cars of the type.

Motor racing facility: any facility or course upon which is conducted motor racing

activities or events.

Motor driven cycle: every motorcycle, motor scooter, or bicycle with motor attached,

with less than 150 cubic centimeter piston displacement.

Motor vehicle: every vehicle which is self-propelled and any combination of vehicles

which are propelled or drawn by a vehicle which is self-propelled.

Motorcycle: every motor vehicle having a seat or saddle for the use of the rider and

designed to travel on not more than 3 wheels in contact with the ground, but excluding a

tractor.

Motorcycle racing: any racing event between two or more motorcycles.

Motorcycle racing facility: any motor racing facility upon which is conducted

motorcycle racing, except oval racing facilities or drag racing facilities.

Muffler: a device for abating the sounds of escaping gases of an internal combustion

engine.

NHRA: National Hot Rod Association or its successor body.

New motor racing facility: any motor racing facility, the construction of which

commenced on or after August 10, 1973.

New snowmobile: a snowmobile, the equitable or legal title to which has never passed to

a person who purchases it for purposes other than resale.

Nighttime hours: 10:00 pm to 7:00 am, local time.

Noise floor: the electrical noise (in decibels) of the sound measurement system. When

the noise floor is determined by placing a calibrator over the microphone of the sound

measurement system, the noise floor may include acoustic noise due to leakage around

the calibrator.

Noise pollution: the emission of sound that unreasonably interferes with the enjoyment

of life or with any lawful business or activity.

Non-steady sound: a sound whose sound pressure level shifts significantly during the

measurement period of observation. Meter variations are greater than +/- 3 dB using the

“slow” meter characteristic.

Octave band sound pressure level: the sound pressure level for the sound being measured

contained within the specified octave band. The reference pressure is 20 micronewtons

per square meter.

Oval racing: any contest between two or more racing vehicles on a closed or oval racing

surface.

Oval racing facility: any motor racing facility, upon which is conducted oval racing.

Oval racing vehicle: any racing vehicle which is participating in an oval race at an oval

racing facility.

Pascal (Pa): a unit of pressure. One pascal is equal to one newton per square meter.

Passenger car: a motor vehicle designed for the carrying of not more than ten persons,

including a multi-purpose passenger vehicle, except any motor vehicle of the second

division as defined in 625 ILCS 5/1-146 Ill. Rev. Stat. 1981, ch. 95-1/2, par. 1-146, and

except any motorcycle or motor driven cycle. t+1

Person: any individual, corporation, partnership, firm, association, trust, estate, public or

private institution, group, agency, political subdivision of this State, any other State or

political subdivision or agency thereof or any legal successor, representative, agent or

agency of the foregoing.

Preferred frequencies: those frequencies in Hertz preferred for acoustical measurements

which, for the purposes of this Chapter, consist of the following set of values: 20, 25,

31.5, 40, 50, 63, 80, 100, 125, 160, 200, 250, 315, 400, 500, 630, 800, 1000, 1250, 1600,

2000, 2500, 3150, 4000, 5000, 6300, 8000, 10,000, 12,500.

Prominent discrete tone: sound, having a one-third octave band sound pressure level

which, when measured in a one-third octave band at the preferred frequencies, exceeds

the arithmetic average of the sound pressure levels of the two adjacent one-third octave

bands on either side of such one-third octave band by:

5 dB for such one-third octave band with a center frequency from 500 Hertz to

10,000 Hertz, inclusive. Provided: such one-third octave band sound pressure

level exceeds the sound pressure level of each adjacent one-third octave band, or;

8 dB for such one-third octave band with a center frequency from 160 Hertz to

400 Hertz, inclusive. Provided: such one-third octave band sound pressure level

exceeds the sound pressure level of each adjacent one-third octave band, or;

15 dB for such one-third octave band with a center frequency from 25 Hertz to

125 Hertz, inclusive. Provided: such one-third octave band sound pressure level

exceeds the sound pressure level of each adjacent one-third octave band.

Property-line-noise-source: any equipment or facility, or combination thereof, which

operates within any land used as specified by 35 Ill. Adm. Code 901.101. Such

equipment or facility, or combination thereof, must be capable of emitting sound beyond

the property line of the land on which operated.

Quasi-steady sound: a train of two or more acoustical impulses. Examples of quasi-

steady sound are that from riveting and pneumatic hammer.

Racing vehicle: every self-propelled device, in, upon or by which any person may be

transported and which is participating in a motor racing activity or event at a motor

racing facility.

Reflective surface: any building, hillside, or similar object (other than the flat ground

surface) that reflects sufficient sound to affect the sound pressure level readings obtained

from a noise source. Not included as reflective surfaces are small objects such as trees,

posts, chain-linked fences, fire hydrants, vegetation such as bushes and shrubs, or any

similar object.

Registered: a vehicle is registered when a current registration certificate or certificates

and registration plates have been issued for it under the laws of any state pertaining to the

registration of vehicles.

Residential dwelling unit: all land used as specified by the Land-Based Classification

Standards (LBCS) Standard Land Use Coding Manual (SLUCM) Codes 1100 through

1340 190 and those portions of land used as specified by LBCS SLUCM Code 6222 6741

used for sleeping.

SAE: Society of Automotive Engineers.

Slow Dynamic Characteristic: the dynamic characteristic specified as "Slow" in ANSI

document §1.4-1971 (R. 1976) S1.4–1983 (R2001) " American National Standard

Specification for Sound Level Meters.,” incorporated by reference at Section 900.106.

SLUCM: the Standard Land Use Coding Manual (1969, United States Government

Printing Office) which designates land activities by means of numerical codes.

Snowmobile: a self-propelled device designed for travel on snow or ice or natural terrain

steered by skis or runners, and supported in part by skis, belts, or cleats.

Sound: a physical disturbance causing an oscillation in pressure in a medium (e.g., air)

that is capable of being detected by the human ear or a sound measuring instrument.

Sound exposure (SE): time integral of squared, frequency-weighted instantaneous sound

pressure over a given time interval. The time period of integration must be specified:

when the sound exposure of the background noise is a significant contributor to the total

sound exposure; or when the threshold sound level of the instrument (a level below which

the instrument does not accumulate contributions to the integral) used is above the level

of the background noise; or when such data is needed to identify a source; or when the

time period of integration is otherwise useful. The customary unit for sound exposure is

pascal-squared second (Pa

-s).

Sound exposure level (SEL or LeT): ten (10) times the logarithm to the base 10 of the

ratio of sound exposure to the reference sound exposure (Eo) of 400 micropascal-squared

seconds (μPa

-s). For a given measurement time period of T seconds, the sound

exposure level (LeT ) is related to the time-average sound level (LpT) as follows: LeT =

LpT+ log (T/to) where to is the reference duration of 1 second. The time period of

intergration (T) must be specified. The frequency weighting used must be specified

explicitly (e.g., A, C or octave band). The A-weighted SEL and C-weighted SEL are

abbreviated ASEL and CSEL respectively. An octave band SEL is expressed in terms of

the center frequency (e.g., SEL at 125-Hz). The unit for sound exposure level is decibel

(dB).

Sound level (weighted sound pressure level): in decibels, a weighted sound pressure

level, determined by the use of metering characteristics and frequency weightings

specified in ANSI §1.4-1971 "Specification for Sound Level Meters." 20 times the

logarithm to the base 10 of the ratio of the frequency-weighted (and time-averaged)

sound pressure to the reference pressure of 20 micropascals. The frequency weighting

used shall be specified explicitly (e.g., A, C or octave band). The unit for sound level is

decibel (dB).

Sound pressure: the root mean square of the instantaneous sound pressures during a

specified time interval in a stated frequency band. The unit for sound pressure is pascal

(Pa).

Sound pressure level: in decibels, 20 times the logarithm to the base 10 of the ratio of the

magnitude of a particular sound pressure to the standard reference sound pressure of 20

micropascals. The standard reference pressure is 20 micronewtons per square meter.

ANSI S12.9- 1988 (R1998) “American National Standard Quantities and Procedures for

Description and Measurement of Environmental Sound - Part 1,” incorporated by

reference at Section 900.106, reserves the term sound pressure level to denote the

unweighted sound pressure. The unit for sound pressure level is decibel (dB).

Special mobile equipment: every vehicle not designed or used primarily for the

transportation of persons or property and only incidentally operated or moved over a

highway, including but not limited to: ditch digging apparatus, well-boring apparatus and

road construction and maintenance machinery such as asphalt spreaders, bituminous

mixers, bucket loaders, tractors other than truck tractors, leveling levelling graders,

finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and

scrapers, power shovels and drag lines, and self-propelled cranes and other earth-moving

equipment.

Special-motor-racing-event: any motor racing event held on two consecutive days or less

in which a substantial number of out-of-state motor racing vehicles are competing and

which has been designated as such a special-motor-racing-event by the owner or operator

of the motor racing facility.

Sports car: any automobile which meets the requirements and specifications of the

General Competition Rules of the Sports Car Club of America, or its successor body, or

any other sports car organization.

Sports car racing: any competitive event involving one or more sports cars.

Sports car racing facility: any motor racing facility upon which is conducted sports car

racing.

Sports car racing vehicles: any racing vehicle which is participating in a sports car race

at a sports car racing facility.

Sprint racing vehicle: a front-engined open wheel racing car used especially on short dirt

tracks.

Supercharged racing vehicle: a racing vehicle equipped with a blower or compressor for

increasing the volume air charge of an internal combustion engine over that which would

be drawn in through the pumping action of the pistons.

Steady sound: a sound whose sound pressure level remains essentially constant (that is,

meter fluctuations are negligibly small) during the measurement period of observation.

Meter variations are less than or equal to +/- 3 dB using the “slow” meter characteristic.

Tactical military vehicle: every vehicle operated by any federal or state military

organization and designed for use in field operations, but not including vehicles such as

staff cars and personnel carriers designed primarily for normal highway use.

Time-average sound level (or equivalent-continuous sound level or equivalent-continuous

frequency-weighted sound pressure level): 20 times the logarithm to the base 10 of the

ratio of the time-average (frequency-weighted) sound pressure to the reference pressure

of 20 micropascal. The frequency weighting used must be specified explicitly (e.g., A, C

or octave band). The unit of time-average sound level is the decibel (dB).

Time-average (frequency-weighted) sound pressure: square root of the quotient of the

time integral of frequency-weighted squared instantaneous sound pressures divided by

the time period of integration; or the square root of the quotient of the sound exposure, in

pascal-squared seconds (Pa

–s), in a specified time period, divided by the time period of

integration in seconds. The frequency weighting used must be specified explicitly (e.g.,

A, C or octave band). The unit of time-average sound pressure is the pascal (Pa).

Unregulated safety relief valve: a safety relief valve used and designed to be actuated by

high pressure in the pipe or vessel to which it is connected and which is used and

designed to prevent explosion or other hazardous reaction from pressure buildup, rather

than being used and designed as a process pressure blowdown.

Used motor vehicle: a motor vehicle that is not a new motor vehicle.

Vehicle: every device in, upon, or by which any person or property is or may be

transported or drawn upon a highway.

Weekday: any day which occurs during the period of time commencing at 10:00 p.m.

Sunday and ending at 10:00 p.m. Friday during any particular week.

Weekend day: any day which occurs during the period of time commencing at 10:00

p.m. Friday and ending at 10:00 p.m. Sunday during any particular week.

Well-maintained muffler: any muffler which is free from defects which affect its sound

reduction. Such muffler shall be free of visible defects such as holes and other acoustical

leaks.

(Source: Amended at ___. Reg. ____, effective ________)

Section 900.103 Measurement Procedures

a) Procedures Applicable to all of 35 Ill. Adm. Code: Subtitle H, Chapter I

The Agency may adopt procedures which set forth criteria for the measurement of

sound for all Parts except 35 Ill. Adm. Code 900 and 901. Such procedures shall

be in substantial conformity with standards and recommended practices

established by the American National Standards Institute, Inc. (ANSI) or the

Society of Automotive Engineers, Inc. (SAE), incorporated by reference at

Section 900.106. 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 engineering judgment 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

of the Secretary of State as required by the Illinois Administrative Procedure Act

Ill. Rev. Stat. 1985, ch. 127, par. 1001 et. seq. Measurement Procedures for

35 Ill. Adm. Code 900 and 901 shall conform to 35 Ill. Adm. Code 910.

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 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 of measurements to determine whether emissions

of sound comply with 35 Ill. Adm. Code 901.109, be based on Leqeq

averaging, as defined in 35 Ill. Adm. Code 900.101, using a reference time

as follows: of one hour.

A) Except as specified in subsection (b)(1)(B) for steady sound,

below, a reference time of at least 1 hour shall be used for all

sound measurements and measurement procedures.

B) For measurement of steady sound as defined in section 900.101,

the reference time shall be at least 10 minutes.

All such measurements and measurements procedures under subsection

(b)(1), above, for the 1-hr Leq must correct, or provide for the correction

of such emissions, for the presence of ambient or background noise as

defined in ANSI §1.13-1971 in accordance with the procedures in 35 Ill.

Adm. Code 910. All measurements must be in conformity with the

following ANSI standards, incorporated by reference at Section 900.106:

A) ANSI S1.4-1983 (R2001) “American National Standard

Specification for Sound Level Meters.”

B) ANSI S1.6-1984 (R2001) “American National Standard Preferred

Frequencies, Frequency Levels, and Band Numbers for Acoustical

Measurements.”

C) ANSI S1.11-1986 (R1998) “American National Standard

Specification for Octave-Band and Fractional-Octave-Band

Analog and Digital Filters.”

D) ANSI S1.13-1995 (R1999) “American National Standard

Measurement of Sound Pressure Level in Air.”

E) ANSI S12.9-1993 (R1998) “American National Standard

Quantities and Procedures for Description and Measurement of

Environmental Sound - Part 3: Short-Term Measurements With an

Observer Present.”

c) Procedures Applicable only to 35 Ill. Adm. Code 902

1) Measurement procedures to determine whether emissions of sound comply

with 35 Ill. Adm. Code 902.120 through 902.123 must shall be in

substantial conformity with the following ANSI standards incorporated by

reference at Section 900.106: ANSI §1.4-1971 -- Type I Precision or Type

II General Purpose, and ANSI §1.13-1971 Field Method, provided that

A) ANSI S1.4-1983 (R2001) “American National Standard

Specification for Sound Level Meters.”

B) ANSI S1.13-1995 (R1999) “American National Standard

Measurement of Sound Pressure Level in Air.”

2) The

procedures for sound measurement under 35 Ill. Adm. Code 902.123

must conform to the ANSI standards prescribed in subsection (c)(1),

above, provided that the procedures are shall be in substantial conformity

with those established by the U.S. Department of Transportation under 49

CFR 325 pursuant to Section 17 18of the Federal Noise Control Act of

1972, 42 USC U.S.C. §4901 et seq.

32) The Board

Agency may provide for measurement 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 distance does not exceed 100 feet. The correction

factors used shall be consistent with California Highway Patrol Sound

Measurement Procedures HPH 83.1 (October 1, 1973, as amended

November 9, 1975), incorporated by reference at Section 900.106.

Procedures Applicable only to 35 Ill. Adm. Code 903

Measurement procedures for 35 Ill. Adm. Code 903 shall be in

substantial conformity with ANSI §1.4-1971 Type 1 Precision or Type 2

General Purpose and ANSI §1.13-1971 - Field Method.

The Agency may provide for measuring sound emission at distances other

than 50 feet specified in 35 Ill. Adm. Code 903.162, provided that

correction factors are applied so that the sound levels so determined are

substantially equivalent to those measured at 50 feet.

d e) Procedures Applicable only to 35 Ill. Adm. Code 905

1) Measurement procedures to determine whether emissions of sound comply

with 35 Ill. Adm. Code 905.102(a) and 905.103(a)(1) must shall be in

substantial conformity with the following standards incorporated by

reference at Section 900.106:ANSI §1.4-1971 Type 1 Precision or Type 2

General Purpose and SAE Recommended Practice J192a, "Exterior Sound

Level for Snowmobiles.”

A) ANSI S1.4-1983 (R2001) “American National Standard

Specification for Sound Level Meters.”

B) SAE Recommended Practice J192 “Exterior Sound Level for

Snowmobiles.” March 1985.

2) Measurement procedures to determine whether emissions of sound comply

with 35 Ill. Adm. Code 905.102(b) and 905.103(a)(2) shall be in

substantial conformity with the following standards incorporated by

reference at Section 900.106 incorporated by reference at Section 900.106:

ANSI §1.4-1971 Type 1 Precision or Type 2 General Purpose and SAE

Recommended Practice J1161, "Operational Sound Level Measurement

Procedure for Snow Vehicles.”

A) ANSI S1.4-1983 (R2001) “American National Standard

Specification for Sound Level Meters.”

B) SAE/ANSI Recommended Practice J1161 “Operational Sound

Level Measurement Procedure for Snow Vehicles.” March 1983.

3) The Agency may establish criteria for measuring at distances other than

the 50 feet specified in 35 Ill. Adm. Code 905.102 and 905.103, provided

that correction factors are applied so that the sound levels so determined

are substantially equivalent to those measured at 50 feet. In adopting new

or revised criteria, the Agency shall comply with the requirements of the

Illinois Administrative Procedure Act, [5 ILCS 100] Ill. Rev. Stat. 1985,

ch. 127, par. 1001 et seq.

(Source: Amended at __ Ill. Reg. ____, effective __________)

Section 900.106 Incorporation by Reference

The Board incorporates the following material by reference. These incorporations include no

later amendments or editions.

a) American National Standards Institute, 25 West 43rd Street, 4th Fl.,

New York, New York 10036. (212)-642-4900.

1) ANSI S1.1-1994 (R1999) “American National Standard Acoustical

Terminology.”

2) ANSI S1.4-1983 (R2001) “American National Standard Specification for

Sound Level Meters” and ANSI S1.4A-1985 “Amendment to ANSI S1.4-

1983.”

3) ANSI S1.6-1984 (R2001) “American National Standard Preferred

Frequencies, Frequency Levels, and Band Numbers for Acoustical

Measurements.”

4) ANSI S1.8-1989 “American National Standard Reference Quantities for

Acoustical Levels.”

5) ANSI S1.11-1986 (R1998) “American National Standard Specification for

Octave-Band and Fractional-Octave-Band Analog and Digital Filters.”

6) ANSI S1.13-1995 (R1999) “American National Standard Measurement of

Sound Pressure Level in Air.”

7) ANSI S12.9- 1988 (R1998) “American National Standard Quantities and

Procedures for Description and Measurement of Environmental Sound -

Part 1.”

8) ANSI S12.9-1993 (R1998) “American National Standard Quantities and

Procedures for Description and Measurement of Environmental Sound -

Part 3: Short-Term Measurements With an Observer Present.”

98) ANSI S12.31-1990 (R2001) “American National Standard Precision

Methods for the Determination of Sound Power Levels of Broad-Band

Noise Sources in Reverberation Rooms.”

109) ANSI S12.32-1990 (R2001) “American National Standard Precision

Methods for the Determination of Sound Power Levels of Discrete-

Frequency and Narrow-Band Noise Sources in Reverberation Rooms.”

11) International Electrotechnical Commission, IEC 804-2000

“Integrating/Averaging Sound Level Meters.”

b) Society of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA

15096. (877) 606-7323.

1) SAE Recommended Practice J184 “Qualifying a Sound Data Acquisition

System.” November 1998.

2) SAE Recommended Practice J192 “Exterior Sound Level for

Snowmobiles.” March 1985.

3) SAE/ANSI Recommended Practice J1161 “Operational Sound Level

Measurement Procedure for Snow Vehicles.” March 1983.

c) California Highway Patrol Sound Measurement Procedures HPH 83.1 (October 1,

1973, as amended November 9, 1975. Available at Illinois Pollution Control

Board Clerk’s Office, 100 W. Randolph Street, Suite 11-500, Chicago, IL 60601.

(312) 814-3620.

(Source: Amended at ___ Ill. Reg. ___, effective _________)

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE H: NOISE

CHAPTER I: POLLUTION CONTROL BOARD

PART 903

RULES AND REGULATIONS FOR THE CONTROL OF NOISE FROM MOTOR RACING

FACILITIES (Repealed)

SUBPART A: OPERATIONAL PROCEDURES AND RACING WITHOUT MUFFLERS

Section

903.101 Operational Procedures

903.102 Racing Vehicles without Mufflers

SUBPART B: DRAG RACING FACILITIES

Section

903.120 Muffler Requirements

903.121 Sound Level Measurement Requirements

903.122 Sound Emission Limits

SUBPART C: OVAL RACING FACILITIES

Section

903.140 Muffler Requirements

903.141 Sound Level Measurement Requirements

903.142 Sound Emission Limits

SUBPART D: SPORTS CAR RACING FACILITIES

Section

903.160 Muffler Requirements

903.161 Sound Level Measurement Requirements

903.162 Sound Emission Limits

SUBPART E: MOTORCYCLE RACING FACILITIES

Section

903.180 Muffler Requirements

903.181 Sound Level Measurement Requirements

903.182 Sound Emission Limits

SUBPART F: EXCEPTIONS AND COMPLIANCE DATES FOR PART 903

Section

903.200 Exceptions

903.201 Compliance Dates for Part 903

APPENDIX A OLD RULE NUMBERS REFERENCED

AUTHORITY: Implementing Section 25 and authorized by Section 27 of the Environmental

Protection Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 1025 and 1027).

SOURCE: Repealed in R03-8 at ____ Ill. Reg. ___, effective ________________.

SUBPART A: OPERATIONAL PROCEDURES AND RACING WITHOUT MUFFLERS

Section 903.101

Operational Procedures

The owner or operator of a motor racing facility shall reduce noise emissions from the public

address system by using noise abatement methods and operational changes -- for example, by

reducing the volume of the loudspeaker system, by increasing the number of speakers so that the

volume of individual speakers can be further reduced, and by relocating and redirecting the

speakers away from residential property.

Section 903.102

Racing Vehicles without Mufflers

No person shall cause or allow the use or operation of any motor racing vehicle that does not

require a muffler in accordance with this Part in any motor racing event started after 10:30 p.m.

local time on any particular weekday or after 11:00 p.m. local time on any particular weekend

day.

SUBPART B: DRAG RACING FACILITIES

Section 903.120

Muffler Requirements

No person shall cause or allow the use or operation of any drag racing vehicle

equipped with a normally aspirated gasoline burning engine at a drag racing

facility unless such drag racing vehicle is equipped with a well-maintained and

properly installed muffler. Except for any motorcycle used as a drag racing

vehicle, all mufflers required in accordance with this subparagraph (a) shall meet

the requirements specified in subparagraph (b).

Except for any motorcycle used as a drag racing vehicle, all mufflers required in

accordance with subparagraph (a) shall have noise reducing characteristics which

will produce a reduction in total vehicle noise of at least the amount listed in the

following table when such drag racing vehicle is operated in a manner simulating

wide-open throttle competition. Such noise reduction shall be determined by

using measurement procedures specified in 35 Ill. Adm Code 900.103.

Total Vehicle Noise Reduction Requirements

for Mufflers Installed on Drag Racing Vehicles

(Except Motorcycles) During Wide-open

Throttle Acceleration Run

Type of

Drag Racing

Vehicle

Date Total Vehicle Noise

Reduction dB

Group A On and after March 15, 1979 Muffler only

Group A On and after March 15, 1980 10 dB

Group A On and after March 15, 1983 14 dB

Group B On and after March 15, 1980 Muffler only

Group B On and after March 15, 1981 10 dB

Group B On and after March 15, 1983 14 dB

Group C On and after March 15, 1981 Muffler only

Group C On and after March 15, 1982 10 dB

Group C On and after March 15, 1983 14 dB

Group A includes all drag racing vehicles in the National Hot Rod

Association (NHRA) classes of ET Bracket, Stock and Super Stock; the

International Hot Rod Association (IHRA) classes of ET Bracket, Stock

and Super Stock; the American Hot Rod Association (AHRA) classes of

Selectra, Stock, Super Street and Super Stock; and all other similar drag

racing vehicles.

Ground B includes all drag racing vehicles in the NHRA class of

Modified; the IHRA class of Super Modified; the AHRA class of

Modified/Street; and all other similar drag racing vehicles.

Group C includes all drag racing vehicles in the NHRA classes of

Competition and Pro Stock; the IHRA classes of Super Comp and Pro

Stock; the AHRA classes of Top Competition and Pro Stock; and all other

similar drag racing vehicles.

Section 903.121

Sound Level Measurement Requirements

The sound emissions from each drag racing vehicle required to have a muffler in

accordance with Section 903.120 must be measured before competing in terms of

A-weighted sound levels using sound level meters in conformance with American

National Standards Institute (ANSI) Standards §1.4 Type 1 or Type 2

requirements and using procedures specified in 35 Ill. Adm. Code 900.103. All

sound level measurements must be made with the microphone one-half meter

from the exhaust outlet with the engine gear-box in neutral at an engine speed of

4000 rpm. It shall be the responsibility of the drag racing facility's owners or

operators, or designated agent, to measure and record the required sound level

data. Upon reasonable request, the owner or operator shall make such recorded

sound level data available to the Agency. The owner and operator must keep such

recorded sound level data for the duration of the racing season.

The Agency shall publish techniques for determining compliance with Section

903.120 under static test conditions.

On and after March 15, 1979, before any motorcycle racing vehicle required to

have a muffler in accordance with Section 903.120 competes at a drag racing

facility, the noise emissions from such motorcycle racing vehicle must be

measured in terms of A-weighted sound levels using sound level meters in

conformance with ANSI Standards §1.4 Type 1 or Type 2 requirements and using

procedures specified in 35 Ill. Adm. Code 900.103. The microphone shall be

located one-half meter from and in the horizontal plane of the rearmost exhaust

outlet at an angle of 45 degrees behind the exhaust outlet and from the normal line

of travel of the motorcycle. The engine shall be run with the gear-box in neutral

at an engine speed equal to one-half of the manufacturer's-recommended-

maximum-engine-speed. If no manufacturer's-recommended- maximum-engine-

speed is published for a particular motorcycle, then an engine speed equal to 60

percent of the engine speed at which maximum horsepower is developed shall be

used. If no manufacturer's-recommended-maximum-engine-speed is published,

then the engine speed during the sound level measurement shall be calculated

from either of the following formulae:

Engine Speed = 306,000

stroke in millimeters

Engine Speed = 12,000

stroke in inches

Section 903.122

Sound Emission Limits

On and after March 15, 1979, no person shall cause or allow the use or operation of any

motorcycle racing vehicle required to have a muffler in accordance with Section 903.120 whose

sound emissions exceed 115 db(A) when measured in accordance with Section 903.121 and

when measured one-half meter from the rearmost exhaust outlet.

SUBPART C: OVAL RACING FACILITIES

Section 903.140

Muffler Requirements

Except as provided in subparagraph (b), no person shall cause or allow the use or

operation of any oval racing vehicle at an oval racing facility unless such oval

racing vehicle is equipped with a well-maintained and properly installed muffler.

Except for any motorcycle used as an oval racing vehicle, all mufflers required in

accordance with this rule shall meet the requirements specified in subparagraph

(c).

The following oval racing vehicles shall not require a muffler in accordance with

subparagraph (a);

Sprint racing vehicles;

Midget racing vehicles;

Supercharged oval racing vehicles.

Except for any motorcycle used as an oval racing vehicle, all mufflers required in

accordance with subparagraph (a) shall have noise reducing characteristics which

will produce a reduction in total vehicle noise of at least the amount listed in the

following table when such oval racing vehicle is operated in a manner simulating

wide-open throttle competition. Such noise reduction shall be determined by

using measurement procedures specified in 35 Ill. Adm. Code 900.103.

Wide-open Throttle Noise Reduction Requirements

for Mufflers Installed on Oval Racing Vehicles

(Except Motorcycles)

Date Muffler Noise Reduction Requirement, dB

On and after March 15, 1979 Muffler only

On and after March 15, 1980 10 dB

On and after March 15, 1982 16 dB

Section 903.141

Sound Level Measurement Requirements

The requirements for measuring noise emissions from oval racing vehicles, other

than motorcycles used as oval racing vehicles, shall be identical to those specified

under Section 903.121(a) for drag racing vehicles.

The Agency shall publish techniques for determining compliance with Section

903.140 under static test conditions.

The requirements for measuring noise emissions from motorcycle racing vehicles

competing at oval racing facilities shall be identical to those specified under

Section 903.121(c) for motorcycle racing vehicles competing at drag racing

facilities.

Section 903.142

Sound Emission Limits

No person shall cause or allow the use or operation of any motorcycle racing vehicle required to

have a muffler in accordance with Section 903.140 whose sound emissions exceed 115 dB (A)

when measured in accordance with Section 903.141 and when measured one-half meter from the

rearmost exhaust outlet.

SUBPART D: SPORTS CAR RACING FACILITIES

Section 903.160

Muffler Requirements

Except as provided in subparagraph (b), on and after March 15, 1979, no person

shall cause or allow the use or operation of any sports car racing vehicle

competing at a sports car racing facility unless such sports car racing vehicle is

equipped with a well-maintained and properly installed muffler.

The following sports car racing vehicles shall not require a muffler in accordance

with subparagraph (a): all sports car racing vehicles which are supercharged.

Section 903.161

Sound Level Measurement Requirements

During all qualifying runs, noise emissions from each sports car racing vehicle required to have a

muffler in accordance with Section 903.160, must be measured in terms of A-weighted sound

levels using sound level meters in conformance with ANSI Standards §1.4 Type 1 or Type 2

requirements and using procedures specified in 35 Ill. Adm. Code 900.103. All measurements

must consistently be made at the same measurement site; provided, however, that such

measurement site can be changed if necessitated by good faith circumstances making the use of

the first measurement site impossible or impractical. It shall be the responsibility of the sports

car racing facility's owners or operators, or designated agent, to measure and record the required

sound level data. Upon reasonable request, the owner or operator shall make such recorded

sound level data available to the Agency. The owner and operator must keep such recorded

sound level data for the duration of the racing season.

Section 903.162

Sound Emission Limits

No person shall cause or allow the use or operation of any sports car racing vehicle required to

have a muffler in accordance with Section 903.160 whose sound emissions while accelerating, as

measured in accordance with Section 903.161, exceed 105 dB (A) when measured 50 feet from

the center of the lane of travel of such sports car racing vehicle while accelerating on the track.

SUBPART E: MOTORCYCLE RACING FACILITIES

Section 903.180

Muffler Requirements

Except as provided in subparagraph (b), on and after March 15, 1979, no person

shall cause or allow the use or operation of any motorcycle racing vehicle

competing at a motorcycle racing facility unless such motorcycle racing vehicle is

equipped with a well-maintained and properly installed muffler.

The following motorcycle racing vehicles shall not require a muffler in

accordance with subparagraph (a): supercharged motorcycle racing vehicles.

Section 903.181

Sound Level Measurement Requirements

The requirements for measuring noise emissions from motorcycle racing vehicles competing at

motorcycle racing facilities shall be identical to those specified under Section 903.121(c) for

motorcycle racing vehicles competing at drag racing facilities.

Section 903.182

Sound Emission Limits

No person shall cause or allow the use or operation of any motorcycle racing vehicle required to

have a muffler in accordance with Section 903.180 whose sound emissions exceed 115 dB (A)

when measured in accordance with Section 903.181 and when measured one-half meter from the

rearmost exhaust outlet.

SUBPART F: EXCEPTIONS AND COMPLIANCE DATES FOR PART 903

Section 903.200

Exceptions

Sections 903.120 through 903.182 shall not apply to any special-motor-racing-

events, provided that not more than three special-motor-racing-events are

conducted at any motor racing facility during any calendar year. The owner or

operator of any motor racing facility which is conducting a special-motor-racing-

event must previously notify the local public that a special-motor-racing-event

will be conducted.

Sections 903.120 through 903.182 shall not apply to motor racing facilities which

conduct motor racing events on fewer than five days per calendar year.

Sections 903.120 through 903.182 shall not apply to fairground motor racing

facilities during motor racing events held in conjunction with a state or county

fair.

Sections 903.102 through 903.182 shall not apply if there are no residential

dwelling units within two miles of such motor racing facility's racing surface.

Sections 903.102 through 903.182 shall not apply to any motor racing facility

whose sound emissions do not at any time exceed the background sound level by

more than 7 dB(A) at any residential dwelling unit.

Sections 903.102 through 903.182 shall not apply to any existing motor racing

facility whose sound emissions do not at any time exceed the allowable octave

band sound pressure levels specified in 35 Ill. Adm. Code 901.102(a) when

measured at any point within any receiving Class A land.

Sections 903.102 through 903.182 shall not apply to any new motor racing facility

whose sound emissions do not exceed at any time during daytime hours the

allowable octave band sound pressure levels specified in 35 Ill. Adm. Code

901.102(a) or at any time during the nighttime hours the allowable octave band

sound pressure levels specified in 35 Ill. Adm. Code 901.102(b) when measured

at any point within any receiving Class A land.

Section 903.201

Compliance Dates for Part 903

Every owner or operator of an existing motor racing facility shall comply with the

requirements of this Part by September 24, 1978.

Every owner or operator of a new motor racing facility shall comply with the

requirements of this Part when motor racing activities commence at such new

motor racing facility.

Section 903.APPENDIX A

OLD RULE NUMBERS REFERENCED

The following table is provided to aid in referencing old Board rule numbers to section numbers

pursuant to codification.

Old Part 4 of Chapter 8 35 Ill. Adm. Code Part 903

Rule 401 Section 903.101

Rule 402 Section 903.102

Rule 403 Section 903.120

Rule 404 Section 903.121

Rule 405 Section 903.122

Rule 406 Section 903.140

Rule 407 Section 903.141

Rule 408 Section 903.142

Rule 409 Section 903.160

Rule 410 Section 903.161

Rule 411 Section 903.162

Rule 412 Section 903.180

Rule 413 Section 903.181

Rule 414 Section 903.182

Rule 415 Section 903.200

Rule 416 Section 903.201

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on June 5, 2003, by a vote of 6-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board