H~
    ~V~ 1)
    CLERK’S OFFICE
    NOV 18 2003
    STATE OF IWNOIS
    Pollution Control Board
    IDENTICAL FIRST NOTICE
    ~4~l
    /
    LINE NUMBERED VERSION
    This line-numbered copy of the agency’s rulemaking is for use in
    creating the 1st Notice Changes document.
    This version should be identical to the submission made by the agency,
    with the exceptions that errors in Source or Authority Notes may have
    been corrected; the format used is that of the electronic Illinois
    Administrative Code database, so formatting discrepancies will be
    corrected; incorrect depictions of existing language may have been
    corrected to conform with the IAPA; statutory citations will be
    handled correctly; any obvious misspellings revealed by an electronic
    spell check may have been corrected; and simple techtiical corrections
    may have been made. If any such changes have been made, they will
    be highlighted on the attached copy. If there is any problem, contact
    JCAR.
    On this mark-up, any word or punctuation that has been altered will be
    highlighted. You will need to compare this to your hard copy or your
    database to determine how the original text read. If a white space is
    highlighted, you will know that text has been omitted at that location.
    As always, if you would like an adopted rulemaking or any Illinois
    Administrative Code database materials on disk or through e-mail for
    purposes of upload, contact Terra Lamb at 785-2254.
    ILLINOIS REGISTER
    1
    03
    POLLUTION CONTROL BOARD
    NOTICE OF PROPOSED AMENDMENT:
    1)
    Heading ofthe Part: Sound Emission Standards And Limitations For Property Line-
    Noise-Sources
    2)
    Code Citation:
    35
    Iii. Adm. Code 901
    3)
    Section Number:
    Proposed Action:
    901.122
    Add
    4)
    Statutory Authority:
    415
    ILCS
    5/17
    and 27
    5)
    A Complete Description ofthe Subjects and Issues Involved: This site-specific
    rulemaking was filed with the Board by the Ameren Energy Generating Company
    (Ameren) to amend the Board’s noise regulations with respect to the operation of
    Ameren’s electric generating facility in Elgin, Cook County.
    In its petition for this rulemaking, Ameren asserts that the Board’s noise regulations are
    not currently applicable because the land uses in the immediate area are primarily Class
    C
    —
    industrial, agricultural, mining and excavation. Additionally, Ameren asserts that the
    facility is in compliance with the current applicable noise regulations at 35 Ill. Adm.
    Code Part 901.
    The land immediately to the west ofthe facility is vacant, and until very recently was
    located within unincorporated Cook County and zoned Industrial. On June 3, 2003, the
    Village ofBartlett annexed and rezoned this land for residential use at the request of
    Realen Homes, a residential development corporation. Ameren has concluded that the
    facility will not be able to meet the Class A noise limitation at 35 Ill. Adm. Code 901.102,
    that heretofore were not applicable. Accordingly, Ameren is seeking a site-specific rule
    that establishes noise emission limitations for the facility that are applicable to Class A
    and B receiving lands.
    6)
    Will this amendment replace an emergency rule currently in effect? No
    7)
    Does this rulemaking contain an automatic repeal date? No
    8)
    Does this amendment contain incorporations by reference? No
    9)
    Are there any other proposed amendments pending on this Part? Yes
    ,~Section~
    Proposed Action
    Illinois Register citation
    901.101
    Amend
    27111. Reg 11908
    901.102
    Amend
    2711l.Reg11908
    901.103
    Amend
    27111. Reg 11908
    ILLINOIS REGISTER
    2
    03
    POLLUTION CONTROL BOARD
    NOTICE OF PROPOSED AMENDMENT
    901.104
    Amend
    27111. Reg 11908
    901.105
    Amend
    27 Iii. Reg 11908
    901.106
    Amend
    27111. Reg 11908
    901.107
    Amend
    271ll.Reg 11908
    901.108
    Amend
    27 Ill.Reg 11908
    901.109
    Amend
    27111.Reg 11908
    901.110
    Amend
    27 Ill. Reg 11908
    901.111
    Amend
    27111. Reg 11908
    901.113
    Amend
    27111. Reg 11908
    901.APPENDIX B Amend
    27 Ill. Reg 11908
    10) Statement of Statewide Policy Objective: These proposed amendments do not create or
    enlarge a state mandate as defined in Section 3(b) of the State Mandates Act. 30 ILCS
    805/3 (1992).
    11)
    Time, Place, and Manner in which interested persons may comment on this proposed
    rulemaking: The Board will accept written public comment on this proposal for a period
    ofat least
    45
    days afterthe date ofthis publication. Comments should reference Docket
    R04-1 1 and be addressed to:
    DorothyM. Gurm, Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100 W. Randolph St.
    Suite 11-500
    Chicago, IL 60601
    Address all questions to John Knittle at 217/278-3111 or knittlej@ipcb.state.il.us.
    Request copies ofthe Board’s opinion and order in Docket R04-1 1 from Dorothy M.
    Gunn, at 312-814-3620, or download copies from the Board’s Web site at
    www.ipcb.state.il.us.
    12)
    Initial Regulatory Flexibility Analysis:
    A)
    Types ofsmall businesses affected: None
    B)
    Reporting, bookkeeping or other procedures required for compliance: No
    changes in the reporting, bookkeeping or other procedures will be required for
    compliance with this proposal.
    ILLINOIS REGISTER
    3
    03
    POLLUTION CONTROL
    BOARD
    NOTICE OF PROPOSED AMENDMENT
    C)
    Types ofprofessional skills necessary for compliance: No professional skills
    beyond those currently required by the rules will be required.
    13)
    Regulatory agenda on which this rulemaking was summarized: This rulemaking was not
    included on either ofthe two most recent regulatory agendas because: the Board could
    not foresee the need for this site-specific rulemaking.
    The full text ofthe Proposed Amendment begins on the next page:
    n~r~
    L~
    ~
    ~
    ~‘ 7r~~r~
    TITLE
    35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE H: NOISE
    CHAPTER I: POLLUTION CONTROL BOARD
    PART 901
    SOUND EMISSION STANDARDS AND LIMITATIONS
    FOR PROPERTY LINE-NOISE-SOURCES
    9 Section
    10 901.101
    Classification
    of
    Land According to Use
    11 901.102
    Sound Emitted to Class A Land
    12 901.103
    Sound Emitted to Class B Land
    13 901.104
    Impulsive Sound
    14 901.105
    Impact Forging
    Operations
    15 901.106
    Prominent
    Discrete Tones
    16 901.107
    Exceptions
    17 901.108
    Compliance Dates for Part 901
    18 901.109
    Impulsive Sound from
    Explosive Blasting
    19 901.110
    Amforge Operational Level
    20 901.111
    Modern Drop Forge
    Operational Level
    21
    901.112
    Wyman Wyari-Gordon Operational Level
    22 901.113
    Wagner Casting
    Site-Specific Operational Level
    23 901.114
    Moline Forge Operational Level
    24 901.115
    Cornell Forge Hampshire Division Site-Specific
    Operational Level
    25 901.116
    Forgings and Stampings,
    Inc. Operational Level
    26 901.117
    Rockford Drop Forge Company
    Operational Level
    27 901.118
    Atlas Forgings Division of Scot Forge Operational Level
    28 901.119
    Clifford-Jacobs Operational Level
    29 901.120
    C.S. Norcross Operational Level
    30 901.12 1
    Vaughan
    & Bushnell Operational Level
    31
    32
    901.122
    Ameren Elgin Facility Site-Specific Noise Emission Limitations
    901~.APPENDIXA Old Rule Numbers Referenced
    33 901.APPENDIX B Standard Land Use Coding System
    34
    AUTHORITY: Implementing Section 25 and authorized by Section 27 ofthe Environmental
    Protection Act 415 ILCS
    5/27.
    38
    SOURCE: Originally filed as Part 2 ofChapter 8: Noise Pollution, effective August 10, 1973;
    39
    amended at 2 Ill. Reg. 27, p. 223, effective June 26, 1978; amended at
    5
    Ill. Reg. 6371, effective
    40
    June 1, 1981; amended at
    5
    Ill. Reg. 8533, effective August 10, 1981; amended at 6 Ill. Reg.
    41
    10960, effective September 1, 1982; codified at 7 Ill. Reg. 13646; amended at 7 Ill. Reg. 14519,
    42
    effective October 17, 1983; amended in R83-35 at 8 Ill. Reg. 18893, effective September
    25,
    43
    1984; amended in R83-33, 26, 29, 30 and R83-34 at 9 Ill. Reg. 1405, effective January 17,
    1985;
    1
    2
    3
    4
    5
    6
    7
    8
    JCAR35O9O1-03 1 7349r01
    35
    36
    37
    JCAR35O9O1 -031 7349r01
    44
    Section 901.105(f)(1), (2) and (3) recodified to Sections 901.110, 901.111 and 901.112 at 9111..
    45
    Reg. 7147; amended in R83-25, 31 and 32 at 9 Ill. Reg. 7149, effective May 7, 1985; amended in
    46
    R83-7 at 11111. Reg. 3136, effective January 28, 1987; amended inR04-11~atZ&Ill. Reg.
    47 _______,effective
    ______________.
    48
    49
    Section 901.122 Ameren Elgin Facility Site-Specific Noise Emission Limitations
    50
    51
    The Combustion Turbine Power Generation Facility located at 1559 Gifford Road in Elgin,
    52
    Illinois shall not cause or allow the emission ofsound from any property-line-noise source
    53
    located on that property which exceeds any allowable octave band sound pressure level
    54
    specified in the following table, when measured at any point within the receiving Class A or
    55
    Class B land.
    56
    Allowable Octave Band Sound Pressure
    Levels (dB) ofSound Emitted to any
    Octave Band Center Frequency
    Receiving Class A or Class B Land from
    (Hertz)
    Ameren Elgin Facility
    Class A Land
    Class B Land
    3L5
    80
    24
    24
    1000
    2000
    58
    4000
    50
    50
    8000
    40
    57
    58
    (Source: Added at 28 Ill. Reg~
    _______,
    effective
    ______________

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