JOINT COMMITTEE ON ADMINISTRATIVE RULES
ILLINOIS GENERAL ASSEMBLY
CO-CHAIR:
SEN. J. BRADLEY BURZYNSKI
SEN.
tvIAGGIE CROTTY
SEN.
BARACK OBAMA
SEN. STEVE RAUSCHENBERGER
CO-CHAIR:
SEN. DAN
RUTHERFORD
REP. BRENT HASSERT
SEN. IRA SILVERSTEIN
REP. STEVE DAVIS
EXECUTIVE DIRECTOR:
REP. DAVID R.
LEITCH
VICKI THOMAS
REP. ROSEMARY MULLIGAN
REP. PHIL NOVAK
700 STRATTON BUILDING
SPRINGFIELD,
ILLINOIS 62706
217/785-2254
R~CEJ1VED
July 8, 2003
~
OFFrCE
SEP
02
2003
Thomas E.
Johnson, Chairman
STATE OF ILLINOIS
Pollution Control Board
Pollution
Control
Board
1717 Philo Road,
Suite 25
-
Urbana, Illinois
61802
Dear Chairman Johnson:
This
is
to
notify
you
that
JCAR
considered the following
proposed rulemaking at
its
8/12/03
meeting:
General Provisions
(35
Ill. Adm. Code
900)
27 Ill.
Reg.
1889
-
2/7/03
If your
agency has agreed to
any
substantive
modifications
during
its
discussions
with
JCAR,
they are described in the “Agreements” attached to the certification.
Based on these agreements,
as
well
as
the
other
responses
you
have
provided
the
Committee
during
the
review
of
this
rulemaking, JCAR
has
determined that
No
Objection
will
be
issued.
Enclosed
you
will
find
formal certification ofthis action.
The rulemaking may now be adopted upon filing with the Office of the Secretary of State.
Please
note
that
the
fact
that
the
Committee
has
not
objected
to
this
rulemaking
does
not
necessarily constitute approval, expressed
or implied, ofthe substance ofthe rulemaking.
Thank
you for the cooperation your agency has shown during our review of these issues.
Sincerely,
Senator Maggie crotty
Co-Chairman
SMC:RBH:DC:rm
.
-
H
cc:
William Murphy
Co-Chairman
Brent Hassert
Enc.
SECOND NOTICE CHANGES
Agency:
Pollution Control Board
Rulemaking:
General Provisions
(35
Ill. Adm. Code 900; 27 Ill.
Reg.
1889)
Changes:
I.
In
line
15,
strike “OLD RULE NUMBERS REFERENCED” and add
“Old Rule Numbers
Referenced”.
2.
Inline
18,
change “(Ill. Rev. Stat.
1985, ch.
111’/2,
parS.
1025 and
1027)”
to
“415
ILCS
5/25
and 27”.
3.
In line 29, strike “hereinafter”
4.
In line 30, change “are” to “areshall be”.
5.
Inline 31, change “must” to “mustshal4”.
6.
Inline 32, change “Sl.l” to “~J~-1--1-”
7.
In line 33, change “Terminology” to
“Terminology~”.
8.
In line 36, underscore
“910”.
9.
In line 38, delete
“ten” and the parentheses.
10.
Underscore line 50 and delete the quotation marks.
11.
Change line
51
to
“without contributions
from the noise source or sources ofinterest.”.
12.
In lines 53, 76, 83,
125,
148,
188,
196, 262, 268, and 366, delete the quotation marks.
13.
Change
line
64 to
“Background ambient sound levelSound Level:
means the ambient the
A weighted sound level, measured in accordance”.
14.
In line
65,
after “specified in” add “35
Ill.
Adm.
Code
910.”
and
strike “Section 900.103,
which is exceeded 90 percent of’.
15.
Strike lines 66 through 68.
16.
After
line
68,
reinstate the
existing
definition
“Bus:
every motor vehicle designed for
carrying more than
10
passengers and used for the transportation of persons;
and
every
motor vehicle, other than a taxicab,
designed
and
used for the transportation of persons
for compensation.”.
17.
In lines 70 and 83, strike “Sound Level” and add “sound level”.
18.
In lines 72 and 117, underscore “2001”.
19.
In line 83, add “see” afterthe colon to reflect text on file and underscore “in decibels”.
20.
In line 92, strike “u”
and add
“a”.
21.
After
line
92,
add
“Discrete
tone:
a
sound
wave
whose
instantaneous
sound
pressure
varies essentially as a simple sinusoidal function oftime.”.
22.
In line
109, change “is be” to
“~
shall not be”.
23.
In line
131, add a comma after “i.e.”.
24.
In line
137, delete the redundant period and hyphenate “frequency weighted”.
.25.
After
line
142,
add
“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.”.
26.
After
line
146, reinstate and
strike “Impulsive sound:
either
a single pressure peak or a
single
burst
(multiple
pressure
peaks)
for
a
duration
usually
less
than
one
second.
Examples ofimpulsive sound sources are a drop forge hammer and explosive blasting.”.
27.
After
the
stricken definition
of “Impulsive
sound”, reinstate
“IHRA:
International
Hot
Rod Association or its
successor body.”.
28.
In line
150, change “period of observation” to “measurement period”.
29.
After line
152,
add “LBCS:
the Land-Based Classification
Standards
that designate
land
use activities by means offunctional numeric codes.”.
30.
Change lines
154
through
157
to:
“k~
beq:
equivalent continuous
sound
pressure in
decibels:
10 te~
times the logarithm to the base
10 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
~i
equivalent continuous frequency-weighted sound
pressure.”.
31.
In lines
159 and 161, change “~q”to “L~”.
32.
In line
162, change “e.g. Leg” to
“e.g., L~”.
33.
After line
162,
add “Measurement period: the time interval during which acoustical data
are
obtained.
The measurement period
is
determined by
the characteristics
of the noise
being
measured
and
must
be
at
least
10
times
as
long
as
the
response
time
of the
instrumentation. The greater the variation in indicated sound
level, the longer must be the
observation time for a given expected precision of the measurement.”.
34.
After
line
169,
reinstate
“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.”.
35.
After line
173,
reinstate and strike “Motorcycle racing:
any racing event between two or
more motorcycles.”.
36.
In line
197,
change
“period of observation”
to
“measurement period” and change
“+-“
to
“+/-“.
37.
In line 215, strike
“Ill. Rev.
Stat.
1981, ch.
95V2, par.
1-146” and add
“625
ILCS
5/1-146”.
38.
In line 216, delete “t+l”.
39.
Delete lines 218 through 223.
40.
In line 278,
after “by”
add
“the Land-Based Classification
Standards (LBCS) Codes
1100
through
1340”
and strike “Standard Land Use”.
41.
In line 279 strike “Coding Manual (SLUCM) Codes
110 through
190”.
42.
Inline 280, after “by” add “LBCS
Code 6222” and strike” SLUCM Code 6741”.
43.
In line 289, after “Manual” insert
“(1969, United States Government Printing Office)” and
strike the entire
definition.
44.
In line 295, change “A” to “a”.
45.
In line 296, do not underscore “air”.
46.
In line 297, do not underscore the period.
47.
In line 299,
change “Exposure” to lowercase.
48.
In line 306, delete the redundant period.
49.
In line
308,
delete
“~“
and the parentheses.
50.
In line 310, change “uPa2-s” to
“pPa2-s”.
51.
In lines 319 and 377 change “twenty (20)” to “20”.
52.
In line 331, delete “twenty” and delete the parentheses (not on file).
53.
In line 333, do not underscore the period.
54.
In line
336, change “un-weighted” to
“unweighted”.
55.
In line 345, change “leveling” to “levelingleyelling”.
56.
In line 367, change “period of observation” to “measurement period”.
57.
In line
368, change
“+-“
to
“±L”
and change “suing” to “using”.
58.
In line 386, change “pacal” to “pascal”.
59.
Underscore the sentence in lines 387 and 388.
60.
In line 418, change “And.”
To “Adm.”.
61.
In lines
422,
423,
433,
434,
441,
458,
459,
480,
481,
490
and
501,
change the stricken
Section symbol to S.
62.
In line 425, after “revisions” strike the comma.
63.
In
line
428,
strike
“Ill.
Rev.
Stat.
1985,
ch.
127,
par.
1001
et
seq.”
and
add
“5
ILCS
1001.”.
64.
in line 431, underline “1)” and change “measurement’
to
‘measurements”.
65.
In line 435,
add the existing comma after “shall”.
66.
In line 436, strike
“Leq” and add “Lx”.
67.
In line 437, change “9002.-l01” to
“900.101”.
68.
Change line 438 to:
“time as follows: ofone hour.
Except
as
specified
in
subsection (b)(1)(B)
for steady sound,
a reference
time
of at
least
1
hour
shall
be used
for
all
sound
measurements
and
measurement procedures.
~
For measurement of steady
sound as defined
in
Section
101
of this
Part,
the reference time shall be at least
10 minutes.
~
All
sueh
measurements
and
measurement
measurements
procedures
under
subsection (b)(1 )(B) ofthis
Section”.
69.
In line 439, change “for the 1-hr Leq must correct,” to “must shall correct”.
70.
In line 440, delete the comma.
71.
In line 441, after “4-971” strike an existing. period.
72.
In lines 445, 448,
451
and 453,
move the period outside the closing quotation mark.
73.
In line 445, change
“of’ to
“k”.
74.
In lines 449 and 452, add
a parenthesis after the labels.
75.
After line 453, add:
“~
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.”.
76.
In line
456,
change “must be in” to
“must shall be in substantial”.
77.
In line
465,
underscore “must”.
78.
In line 466, change “be in” to
“shall be
in substantial”.
79.
Change lines
467 through
469 to
“established by the
U.S.
Department of Transportation
under 49
CFR
325
pursuant
to
Section
Ji
4-8 of the Federal Noise Control Act of 1972~
42 USC U.S.C.
§
4901
et seq.”.
.
80.
In line 470, strike “Agency” and add “Board”.
81.
In line 481, change “4-43-” to
“4-14-3-”.
82.
In line 486, strike
“e)” and add
“~“
and strike
“at”
and add “to”.
83.
In line 488, change “must be in” to
“must shall be in substantial”.
84.
In lines 494 and
505,
move the period to the end.