ILLINOIS POLLUTION CONTROL BOARD
July 22, 2004
IN THE MATTER OF:
)
)
PROPOSED SITE SPECIFIC REGULATION ) R04-11
APPLICABLE TO AMEREN ENERGY ) (Site-Specific Rulemaking – Noise)
GENERATING COMPANY, ELGIN, )
AMENDING 35 Ill. ADM. CODE PART 901 )
Adopted Rule. Final Notice.
OPINION AND ORDER OF THE BOARD (by T.E. Johnson):
On October 28, 2003, Ameren Energy Generating Company (Ameren) filed a rulemaking
proposal under Section 28 of the Environmental Protection Act (Act) (415 ILCS 5/28 (2002)), to
change regulations governing noise emission limitations found in the Board’s rules at 35 Ill.
Adm. Code 901. In the petition, Ameren seeks site-specific noise emission limitations with
respect to the operation of the Ameren’s electric generating facility in Elgin, Cook County. A
hearing was held on January 22, 2004, at 100 West Randolph Street, Chicago, Cook County.
The hearing was held, in part, on the economic impact of the proposal.
By today’s action the Board adopts the proposed amendments. The rules adopted here
are substantively unchanged from those adopted
in the Board’s first-notice and second-notice
opinion and order. On June 3, 2004, the Board proposed the rulemaking for second notice. The
Board directed that the rule be submitted to the Joint Committee on Administrative Rules
(JCAR) for second-notice review. On July 13, 2004, JCAR issued a certification of no objection
to the rule. The following opinion will explain the proposal background, summarize the
procedural history, and discuss the economic reasonableness and technical feasibility of the rule.
BACKGROUND
Ameren owns a power generating facility in Elgin (EEC) consisting of four simple cycle
combustion turbines capable of generating up to 540 MW of electricity. Pet. at 1. The EEC is
located at 1559 Gifford Road, Elgin, Cook County.
Id
. The EEC is described as a peaking
facility due to its intended design to start up rapidly to generate power when critically needed.
The EEC became fully operational in November 2002.
Id
.
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. Pet. at 1. Ameren asserts that the EEC is in compliance with the current applicable
noise regulations at 35 Ill. Adm. Code Part 901.
Id
.
The land immediately to the west of the EEC is vacant, and until very recently was
located within unincorporated Cook County and zoned Industrial. Pet. at 2. On June 3, 2003,
the Village of Bartlett annexed and rezoned this land for residential use at the request of Realen
2
Homes, a residential development corporation (Realen Homes).
Id
. Ameren has concluded that
the EEC will not be able to meet the Class A noise limitation at 35 Ill. Adm. Code 901.102, that
heretofore were not applicable.
Id
. Accordingly, Ameren is seeking a site-specific rule that
establishes noise emission limitations for the EEC that are applicable to Class A and B receiving
lands.
Id
.
PROCEDURAL HISTORY
On October 28, 2003, Ameren filed a petition for a site-specific rulemaking,
accompanied by a motion for expedited consideration. On November 6, 2003, the Board opened
regulatory docket R04-11 without commenting on the merits of the proposal. The Board also
granted the motion for expedited review.
A hearing in this matter was held on January 22, 2004, at 100 West Randolph Street,
Chicago, Cook County. Ameren and the Attorney General’s Office (AGO) appeared and
presented testimony at the hearing. No members of the public attended the hearing. Ameren and
the AGO each filed public comments after the hearing. The January 22, 2004 hearing was held,
in part, on the requested economic impact study of this rulemaking, in order to fulfill the
requirements of Section 27(b) of the Act. 415 ILCS 5/27(b) (2002). Section 27(b) of the Act
requires the Board to request the Illinois Department of Commerce and Economic Opportunity
(DCEO) to conduct an economic impact study (EcIS) on certain proposed rules prior to adoption
of those rules.
On May 6, 2004, the Board issued an order that granted Ameren’s motion for leave to file
a response and its motion to supplement the record. The Board also granted the AGO leave until
May 14, 2004, to submit any additional information regarding the response and supplementation
of the record. On May 19, 2004, the AGO filed a motion for leave to file
instanter
additional
comments by its witness and employee Howard Chin.
In its second-notice opinion and order issued on June 3, 2004, the Board found that
adoption of Ameren’s proposed site-specific rule was warranted, and proposed the rulemaking
for second-notice review by the JCAR. The Board incorporated the non-substantive first-notice
changes suggested by JCAR into the proposal.
JCAR considered the second-notice proposal at its July 13, 2004 meeting and determined
that no objection would be made. JCAR suggested two non-substantive changes, and issued a
formal certification of no objection to the proposed rulemaking on July 13, 2004.
The second-notice period commenced on June 18, 2004 and ended on July 13, 2004,
when the Board received notification from JCAR that no objection will be issued.
See
5 ILCS
100/5-40(c) (2002); 35 Ill. Adm. Code 102.606. Other than the non-substantive comments
suggested by JCAR, the Board received no comments during the second-notice period.
DISCUSSION
3
At first notice, the Board adopted the proposed rule for first notice, but did not make any
decisions regarding the proposal itself. At second notice, the Board found that Ameren presented
information demonstrating that compliance with 35 Ill. Adm. Code Part 901 is not economically
reasonable or technically feasible, and proceeded with the language for a site-specific rule as
proposed by Ameren. To date, the Board has received no additional comments discussing
economic reasonableness and technical feasibility of the proposed rule.
As discussed in the second-notice order, the Board requested that the DCEO conduct an
economic impact study on the proposed rule in a letter dated November 19, 2003. The letter
referenced an April 17, 2003 letter in which DCEO stated they did not have the funds to perform
any EcIS and that no studies will be performed. DCEO has offered the April 17, 2003 letter as
its formal response to all current and future Board requests for an EcIS. At the hearing, the
Board made available copies of its November 19, 2003 letter and DCEO’s April 17, 2003
response. The Board received no comments on the letters.
As noted, the Board did receive two non-substantive comments from JCAR. The Board
has incorporated the suggested changes into the adopted proposal.
CONCLUSION
Based on the record before it, the Board finds that adoption of Ameren’s proposed site-
specific rule is warranted.
ORDER
The Board directs the Clerk to file the following adopted rule with the Secretary of State
for publication in the
Illinois Register
for final notice and adoption in the
Illinois Administrative
Code
.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE H: NOISE
CHAPTER I: POLLUTION CONTROL BOARD
PART 901
SOUND EMISSION STANDARDS AND LIMITATIONS FOR PROPERTY LINE-NOISE-
SOURCES
Section
901.101
Classification of Land According to Use
901.102
Sound Emitted to Class A Land
901.103
Sound Emitted to Class B Land
901.104 Impulsive Sound
901.105
Impact Forging Operations
901.106
Prominent Discrete Tones
901.107 Exceptions
901.108
Compliance Dates for Part 901
4
901.109
Impulsive Sound from Explosive Blasting
901.110
Amforge Operational Level
901.111
Modern Drop Forge Operational Level
901.112
Wyman-Gordon Operational Level
901.113
Wagner Casting Site-Specific Operational Level
901.114
Moline Forge Operational Level
901.115
Cornell Forge Hampshire Division Site-Specific Operational Level
901.116
Forgings and Stampings, Inc. Operational Level
901.117
Rockford Drop Forge Company Operational Level
901.118
Atlas Forgings Division of Scot Forge Operational Level
901.119
Clifford-Jacobs Operational Level
901.120
C.S. Norcross Operational Level
901.121
Vaughan & Bushnell Operational Level
901.122
Ameren Elgin Facility Site-Specific Noise Emission Limitations
APPENDIX A
Old Rule Numbers Referenced
APPENDIX B
Standard Land Use Coding System
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).
SOURCE: Originally filed as Part 2 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. 13646; amended at 7 Ill.
Reg. 14519, effective October 17, 1983; amended in R83-35 at 8 Ill. Reg. 18893, effective
September 25, 1984; amended in R83-33, 26, 29, 30 and R83-34 at 9 Ill. Reg. 1405, effective
January 17, 1985; Section 901.105(f)(1), (2) and (3) recodified to Sections 901.110, 901.111 and
901.112 at 9 Ill. Reg. 7147; amended in R83-25, 31 and 32 at 9 Ill. Reg. 7149, effective May
7, 1985; amended in R83-7 at 11 Ill. Reg. 3136, effective January 28, 1987; amended in R04-
11, at_______Ill. Reg____,effective_______.
Section 901.122 Ameren Elgin Facility Site-Specific Noise Emission Limitations
5
The Combustion Turbine Power Generation Facility located at 1559 Gifford Road in Elgin,
Illinois shall not cause or allow the emission of sound from any property-line-noise source
located on that property which exceeds any allowable octave band sound pressure level specified
in the following table, when measured at any point within the receiving Class A or Class B land.
Octave Band Center Frequency
(Hertz)
Allowable Octave Band Sound Pressure
Levels (dB) of Sound Emitted to any
Receiving Class A or Class B Land from
Ameren Elgin Facility
Class A Land
Class B Land
31.5
80
80
63
74
79
125
69
74
250
64
69
500
58
63
1000
58
58
2000
58
58
4000
50
50
8000
40
45
(Source: Amended at
, effective
)
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 July 22, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
