Illinois
Department of
Natural
Resources
~
Rod
R.
Blagojevich,
Governor
One
Natural
Resources Way
Springfield,
Illinois 62702-1271
Joel
Brunsvold,
Director
http://dnr.state.il.us
R E C E
§
V E
D
CLERK’S OFFICE
January
5,
2005
JAN
1 ~)
2005
Dorothy Gunn, Clerk
STATE OF ILUNOIS
Illinois Pollution Control Board
Pollution
Control Board
100 W. Randolph, Suite 11-500
kA~~
Chicago, IL
60601
,
Re:
Proposed New and Updated Rules for Measurement and Numerical Sound Emission
Standards/Amendments
to
35
Ill. Adm.
Code 901
and 910/Docket R03-9
Final Comments
Dear Ms. Gunn:
The following comments are submitted by the Illinois Department ofNatural Resources,
Office ofMines
and Minerals, Mine Safety and Training Division in reference to the above referenced amendments.
Blasting
operations at
all
surface aggregate and
coal mines are regulated by the Illinois
Department of
Natural Resources (IDNR).
IDNR’s comprehensive blasting regulations help prevent personal injury and
property damage through the use ofthe conservative limits ofone inch per second ground vibration
and
133dB maximum air over pressure. These limits are commonly acceptea industry and regulatory standards.
The IDNR determines regulatory compliance by routinely inspecting and monitoring blasting at all of the
state’s
172 active aggregateand coalblasting sites.
IDNR’sblasting regulations are administeredby a staff
of 13 peoplewith over 100 years ofcombined explosivesrelated experience. Field inspectorstrained in the
technical elements ofseismologyregularly monitor blasting induced ground vibration and airover pressure
with stateofthe art seismographs that measureair overpressure with a low frequencyresponse of2.0 Hertz.
The Department currently maintains an inventory of30 such seismographs.
The IDNR respectfully requests
that Illinois Pollution Control Board’s rules
takes into consideration the
Illinois
aggregate
and
coal
industry
established
regulatory programs
and
recognize the
importance of
avoiding duplicity between State
agencies.
In addition,
the IDNR
submits
that air over pressure limits
implementedbe consistent with the commonly accepted industry standards, as well as the established and
effective regulatory limits of 133dB with a 2.0 Hertz microphone.
The IDNR
appreciates the opportunity to
comment
on these proposed rules and
offers our expertise for
future discussions on this and related issues.
Sincerely,
~
Michael L. Woods, Director
Mine Safety and Training Division
cc:
N.Banach
R.Breekenridge
M.Falter
J.Hafliger
Printed
on
recycled and recyclablepaper
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
IN THE MATTER
OF:
)
)
CLEAN-UP PART ifi
)
R04-20
AMENDMENTS
TO
35
ILL.
)
(Rulemaking
-
Air)
ADM.CODEPARTS211,218AND219
)
MOTION FOR LEAVE TO FILE
POST-HEARING COMMENTS
Now Comes the Illinois Department of Natural resources and moves for leave of the Illinois Pollution Control
Boardto fileinstanterthe attached Post-Hearing Corriments in R04-20, arulemaking to amend portions for Parts
211,
218, and 219 of Title 35 of the Illinois Administrative
Code.
In
support of its motion the IDNR states
as
follows:
1.
That IDNR has significant interest in the subject
of the regulatory proposal under consecration in that
it has responsibilityunder Illinois law to regulate certain blasting activities within
the state.
2.
That the proposed regulation hasa direct impact on IDNR operations and that the comments submitted
are germane to the Boardproceedings as well as to IDNRoperations.
IDNRregulates blastingactivities
in some industries and has adopted regulations that conflict with those proposed for adoption by
the
Board.
3.
That
these
corm-nents are presented
for consideration
now,
after the December 27,
2004
comment
deadline because IDNR only lately determined the scope and breadth of the regulatory proposal.
4.
That
the delayin filing is the by product of staff illness resulting in the Department’s failure to meet the
deadline.
5.
That
IDNR
managers
contacted
representatives of
the
IDNR regulated
community
regarding
the
submission of comments and the interests of these regulated industries will
not be prejudiced by the
Board’s granting of this motion.
Therefore, the Illinois DepartmentofNaturalResources respectfully requests the Illinois Pollution Control Board
grant this motion
to file and accept
the enclosed comments.
Respectfully submitted,
ILLINOIS DEPARTMENT OF
NATURAL RESOURCES,
By:___________
-“
One ofits ~ttomeys
January 6, 2005
Stanley Yonkauski, Jr.
Legal Counsel
Illinois Department of Natural Resources
524 South Second Street, LTP
Springfield, Illinois 6270 1-1787
(217)782-1809
CERTIFICATE OF SERVICE
I, Stanley Yonkauski, Jr., the undersigned,certify that Ihaveserved acopy of the attached MOTION
TO
FILE
INSTANTER
AND
COMMENTS
OF
THE
ILLINOIS
DEPARTMENT
OF
NATURAL
RESOURCES upon:
Ms. Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL
60601
Mr. Howard 0. Chinn
Environmental Engineer
Office of the Attorney General
188 West Randolph,
20th
Floor
Chicago,
IL 60601
Kyle Rominger, Esq.
Assistant Counsel
Illinois Environmental
Protection Agency
1021 North
Grand Avenue East
Post Office Box
19276
Springfield, IL
62794-9276
Robert A Messina, General Counsel
Illinois Pollution Control Board
100 W. Randolph St.
Suite
11-500
Chicago, IL60601
Ms. Marie
E. Tipsord
Illinois Pollution
Control Board
James R.
Thompson Center
100 West Randolph
Suite
11-500
Chicago,
IL
60601
Mr. Robert C. Wells
Wells Environmental Systems
2061 Gladstone
Wheaton, IL
60187
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland St.
Suite 11-500
Chicago,
IL 60601
by depositing copies
of said documents in the United States Mail
in Springfield, Illinois
on January 6,
2005.
Stanle)Y~’nkaus1d,Jr.
1’
