1
    1
    ILLINOIS POLLUTION CONTROL BOARD
    2
    IN THE MATTER OF:
    ) R03-9
    3
    )
    PROPOSED NEW AND UPDATED )
    4 RULES FOR MEASUREMENT AND )
    NUMERICAL SOUND EMISSIONS )
    5 STANDARDS AMENDMENTS TO 35)
    ILL. ADM CODE 901 and 910 )
    6
    7
    8
    RULEMAKING HEARING BEFORE THE ILLINOIS POLLUTION
    9 CONTROL BOARD, and Hearing Officer Marie Tipsord, and taken
    10 before Ann Marie Hollo, CSR, RPR, RMR, at 1:30 o'clock
    11 P.M., on September 1, 2005, at the Offices of the Illinois
    12 Environmental Protection Agency, Illinois Pollution Control
    13 Hearing Room, 1021 North Grand Avenue, Springfield,
    14 Illinois, pursuant to notice.
    15
    16
    17
    Keefe Reporting Company
    11 North 44th Street
    18
    Belleville, Illinois 62226
    (618)277-0190
    19
    (800)244-0190
    20
    21
    22
    23
    24
    25

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    1 APPEARANCES:
    2 Marie Tipsord, Esq., Hearing Officer
    Illinois Pollution Control Board
    3 100 West Randolph Street
    Suite 11-500
    4 Chicago, Illinois 60601
    5
    6 Illinois Pollution Control Board Members:
    7
    G. Tanner, Girard, Ph.D.,
    704 North Schrader Avenue,
    8
    Havana, Illinois 62644
    9
    Anand Rao
    100 West Randolph Street
    10
    Suite 11-500
    Chicago, Illinois 60601
    11
    Thomas E. Johnson, Esq.
    12
    1717 Philo Road
    Urbana, Illinois 61802
    13
    14 John C. Henriksen
    Illinois Association of Aggregate Producers
    15 1115 South Second Street
    Springfield, Illinois 62704
    16
    17 Jim Hafliger
    Illinois Department of Natural Resources
    18 One Natural Resources Way
    Springfield, Illinois 62702
    19
    20 Willard Pierce
    Evenson Explosives, LLC
    21 516A Bedford Road
    Morris, Illinois 60450
    22
    E X H I B I T S
    23 NUMBER
    ADMITTED AS EVIDENCE
    Exhibits 4 and 5
    22
    24 Exhibit 6
    33
    Exhibit 7
    34
    25

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    1
    HEARING OFFICER TIPSORD: Good afternoon.
    2
    My name is Marie Tipsord, and I've been
    3
    appointed by the Board to serve as hearing
    4
    officer in this proceeding, entitled, "In the
    5
    Matter of Proposed New and Updated Rules for
    6
    Measurement and Numerical Sound Emission
    7
    Standards Amendments to 35 Ill. Admin Code,
    8
    part 901 and 910." This is docket number
    9
    R03-9.
    10
    To my right is Dr. Tanner Girard, the lead
    11
    board member assigned to this matter. And to
    12
    his right is Board Member Thomas Johnson. To
    13
    my immediate left is Anand Rao of our technical
    14
    unit. And also present today is John Nittle,
    15
    attorney, assistant to Board Member Johnson.
    16
    And Erin Connolly, our rules coordinator.
    17
    This is the fifth hearing to be held in
    18
    this proceeding and is being held at the
    19
    request of the Illinois Association of
    20
    Aggregate Producers pursuant to Section 5-40 of
    21
    the Illinois Administrative Procedure Act. The
    22
    purpose of today's hearing is to hear the
    23
    pre-filed testimony from the Illinois
    24
    Aggregate -- Illinois Association of Aggregate
    25
    Producers and the Illinois Department of

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    Natural Resources.
    2
    As time allows, we will also hear from
    3
    anyone else who wishes to testify. At this
    4
    time, is there anyone else present who wishes
    5
    to testify?
    6
    MR. PIERCE: I am.
    7
    HEARING OFFICER TIPSORD: And you are
    8
    with?
    9
    MR. PIERCE: I'm Willard Pierce with
    10
    Evenson Explosives.
    11
    HEARING OFFICER TIPSORD: Right. You're
    12
    with the Illinois Association of Aggregate
    13
    Producers, and we have your summary pre-file.
    14
    Okay. Thank you.
    15
    Anyone may ask a question. However, I do
    16
    ask that you raise your hand, wait for me to
    17
    acknowledge you. And after I have acknowledged
    18
    you, please state your name and whom you
    19
    represent before you begin your question.
    20
    Please speak one at a time. If you are
    21
    speaking over each other, the court reporter
    22
    will not be able to get your questions on the
    23
    record.
    24
    Please note that any question asked by a
    25
    board member or staff are intended to help

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    build a complete record for the Board's
    2
    decision and not to express any preconceived
    3
    notion or bias.
    4
    Also just for the record, I would like to
    5
    note that I had previously heard from Pat
    6
    Sharky (sp) who is representing the Village of
    7
    Bridgeview, and Dr. Paul Schomer who had hoped
    8
    to testify today, but Dr. Schomer had an
    9
    accident and is unable to attend. Ms. Sharky
    10
    notified us today that she will not be
    11
    attending the hearing, but they will be filing
    12
    additional comments before the close of the
    13
    comment period.
    14
    MR. HENRIKSON: Okay.
    15
    HEARING OFFICER TIPSORD: At this time,
    16
    Dr. Girard, would you like to say anything?
    17
    BOARD MEMBER GIRARD: Good afternoon.
    18
    On behalf of the Board, I welcome everyone
    19
    to this hearing to update our noise rules. We
    20
    are grateful for the time and effort that many
    21
    people have contributed to this process. We
    22
    look forward to the testimony and questions
    23
    today. Thank you.
    24
    HEARING OFFICER TIPSORD: Thank you.
    25
    With that, we'll begin with Mr. Henriksen

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    and the aggregate producers.
    2
    MR. HENRIKSON: Thank you. May it please
    3
    the Illinois Pollution Control Board, my name
    4
    is John Henriksen. I am the executive director
    5
    of the Illinois Association of Aggregate
    6
    Producers.
    7
    HEARING OFFICER TIPSORD: Go ahead and
    8
    swear him in.
    9
    [WITNESS SWORN.]
    10
    HEARING OFFICER TIPSORD: And, you know,
    11
    we'll go ahead and swear in Mr. Pierce and
    12
    also -- I'm sorry.
    13
    MR. HAFLIGER: Jim Hafliger with DNR.
    14
    HEARING OFFICER TIPSORD: And Mr. Hafliger
    15
    at this time, too. So if there are questions
    16
    that might be asked, you can all answer at once
    17
    and you'll already be sworn. Okay. Very good.
    18
    [WITNESSES SWORN.]
    19
    HEARING OFFICER TIPSORD: Thank you. All
    20
    right. Go ahead.
    21
    BOARD MEMBER JOHNSON: Can I bring my
    22
    secretary in here? No. To swear her.
    23
    MR. HENRIKSON: As I was saying, I manage
    24
    the trade association representing companies
    25
    that produce aggregates. And for those of you

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    don't know, that's crushed sand, stone and
    2
    gravel. We have 113 members that operated in
    3
    80 out of 102 Illinois counties last year to
    4
    put it in perspective. We produce 111 million
    5
    tons of these materials.
    6
    Since 1995, my industry has been regulated
    7
    for blasting by the Illinois Department of
    8
    Natural Resources, Office of Mines and
    9
    Minerals, in accordance with Section 6.5 of the
    10
    Surface Mined-Land Conservation and Reclamation
    11
    Act. Since 1982, the coal mining industry has
    12
    been regulated by the same agency in accordance
    13
    with Sections 3.13 of the Surface Coal Mining
    14
    Land Conservation and Reclamation Act.
    15
    Office of Minerals has promulgated a
    16
    comprehensive set of regulations that subject
    17
    both of these types of blasting operations,
    18
    coal mining and aggregate mining, to air blast
    19
    or ground vibration monitoring, or both, as
    20
    necessary to prevent property damage and
    21
    protect public safety. IDNR regulations
    22
    protect the general public from the impacts of
    23
    air overpressure resulting from blasting
    24
    operations of the mines. Both the aggregate
    25
    mining and coal mining blasting regulations are

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    enforced by a highly trained, technologically
    2
    proficient inspection staff using
    3
    state-of-the-art monitoring equipment.
    4
    Jim Hafliger's testimony -- the gentleman
    5
    sitting to my left -- Jim Hafliger's testimony
    6
    later this afternoon will outline in detail
    7
    this comprehensive regulatory program.
    8
    Although blasting operations at aggregate
    9
    and coal mines are currently regulated by IDNR,
    10
    the Board is seeking to maintain an essentially
    11
    duplicative and overlapping regulatory program
    12
    for these operations, pursuant to 35 Ill. Admin
    13
    Code 901.109. During our last public hearing,
    14
    we argued that the Board could and should elect
    15
    not to regulate an industry that is already
    16
    heavily regulated by the State.
    17
    In the March 17, 2005 Hearing Officer's
    18
    Order and Opinion, the Board declined to follow
    19
    this assertion and stated that any exemption
    20
    from the Board's noise regulations would
    21
    require a statutory exemption. This holding
    22
    was based upon the Board's construction of
    23
    Section 24 of the Illinois Environmental
    24
    Protection Act that states as follows:
    25
    "No person shall emit beyond the

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    boundaries of his property any noise that
    2
    unreasonably interferes with the enjoyment of
    3
    life or with any lawful business or
    4
    activity" -- this is the important part -- "so
    5
    as to violate any regulation or standard
    6
    adopted by the Board under this Act."
    7
    Although we are mindful -- or I am mindful
    8
    and my industry is mindful of what Section 24
    9
    states, it's critical for the Board to bear in
    10
    mind that the regulations or standards adopted
    11
    by the Board are promulgated pursuant to
    12
    Section 25 of the Act.
    13
    As outlined in Section 25 of this Act,
    14
    "The Board" -- and this is important -- "may
    15
    adopt regulations prescribing limitations on
    16
    noise emissions beyond the boundaries of the
    17
    property of any person and prescribing
    18
    requirements and standards for equipment and
    19
    procedures for monitoring noise and the
    20
    collection, reporting, retention of data
    21
    resulting from such monitoring." "May adopt."
    22
    Pursuant to this grant of rule-making
    23
    authority, the Board has elected to regulate
    24
    highly impulsive sound from blasting operations
    25
    at mines. They've elected to regulate our

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    blasting. A source of sound that's heavily
    2
    regulated already by a sister agency.
    3
    Yet the Board has elected not to regulate
    4
    other sources of noise, despite the lack of a
    5
    statutory exemption for each of these sources
    6
    found in Section 24 of the Act. Moreover, the
    7
    Board has elected not to exempt these sources
    8
    despite the fact that these sources of noise
    9
    are currently unregulated by the State.
    10
    For example, the Board rules at 901.107
    11
    provides specific exemptions for sound emitted
    12
    from emergency warning devices, unregulated
    13
    safety relief valves, lawn care maintenance
    14
    equipment and agricultural field machinery used
    15
    during the day, equipment being used for
    16
    construction, land use for automobile,
    17
    motorcycle racing, and any land used for
    18
    contests, rallies, time trials, test runs or
    19
    similar operations of any self-propelled device
    20
    during the day.
    21
    Although the IAAP acknowledges the Board's
    22
    authority to decide what activities are subject
    23
    to limits on noise emissions, this authority
    24
    cannot be unlimited.
    25
    Specifically, we contend it's unreasonable

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    to regulate sound generated by blasting
    2
    operations at mines, operations already subject
    3
    to the comprehensive State regulatory program,
    4
    while electing not to regulate other sources of
    5
    noise. Especially when there are no exemptions
    6
    in Section 24, exempting the other source of
    7
    noise. What the Pollution Control Board did in
    8
    its wisdom is elect to regulate some sources
    9
    than not. We contend that you should also
    10
    elect to not regulate blasting associated with
    11
    coal mining or aggregate mining, especially
    12
    since we are heavily regulated by a state
    13
    agency, as Mr. Hafliger will outline.
    14
    Therefore, the IAAP, with respect to
    15
    Section 901 of the Board's rules, the
    16
    regulations identifying those activities not
    17
    subject to Board noise regulations be amended
    18
    to state as follows:
    19
    And what I'm going to say is in little bit
    20
    of variance with my pre-filed testimony, since
    21
    my strike-through didn't work.
    22
    But anyway. Subsection H, we would
    23
    suggest that and respectfully submit that
    24
    901.107 (h) state, in part, 901 shall not apply
    25
    to impulsive sound produced by explosive

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    blasting activities conducted on any Class C
    2
    land used as specified by capital L-B-C-S
    3
    Codes 8300 and 8500, period.
    4
    Land-Based Classification Standard 8300
    5
    refers to coal mines. LBCS Code 8500 refers to
    6
    aggregate mines. As outlined previously,
    7
    blasting operations at coal and aggregate mines
    8
    are currently regulated by IDNR's comprehensive
    9
    programs.
    10
    Amending 901.107 (h), as outlined
    11
    previously, allows the Board to regulate
    12
    non-mining blasting activities, pursuant to
    13
    901.109, and leaves the regulation of blasting
    14
    operations at mines to IDNR. Given the
    15
    flexibility of the Board's rule-making
    16
    authority under Section 25 of the Illinois
    17
    Environmental Protection Act, flexibility that
    18
    the Board has exercised previously to exempt
    19
    other sources of noise from regulation, we
    20
    respectfully submit that the Board should amend
    21
    901.107 in order to defer to IDNR's
    22
    comprehensive regulatory scheme.
    23
    But in the event that the Board elects to
    24
    continue regulating blasting operations
    25
    associated with the Illinois mining industry,

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    the IAAP respectfully submits that Section
    2
    901.109 should be amended to bring the Board's
    3
    regulatory program in harmony with the program
    4
    enforced by IDNR.
    5
    We do appreciate the Board's amendment of
    6
    its proposed rules in response to our previous
    7
    comments in this rule making. The Board did
    8
    follow some of the changes we suggested, and we
    9
    do appreciate that.
    10
    Although these changes help to bring
    11
    Section 901.109 closer to the regulatory
    12
    standards enforced by IDNR, a further review of
    13
    the proposed rule making has revealed other
    14
    changes that must be made in the Board's rules.
    15
    First, Section 901.109, little "c,"
    16
    provides that allowable sound limits of
    17
    blasting operations prior to 7:00 a.m. must be
    18
    reduced by 10 decibels. Given that decibel
    19
    limits are logarithmic, a 123 decibel limit
    20
    represents approximately only 30 percent of 133
    21
    decibels. In order to accurately and fairly
    22
    regulate the same way we're regulated by IDNR,
    23
    we suggest that Section 901.109(c) should be
    24
    amended as follows:
    25
    All blasting shall be conducted between

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    sunrise and sunset except in emergency
    2
    situations where unscheduled blasting is
    3
    required to ensure operator or public safety.
    4
    This change reflects the fact that sunrise
    5
    is often well before 7:00 a.m. during the
    6
    summer, the time that aggregate operations are
    7
    most active.
    8
    Second, the regulatory focus in Section
    9
    901.109 must be shifted from property lines to
    10
    protected structures. Regulating noise levels
    11
    at a property line is irrelevant to ensuring
    12
    public health and safety. Section 901.109
    13
    should be amended by replacing all references
    14
    to, quote, "receiving class A or B land,"
    15
    unquote, with quote, "protected structures,"
    16
    unquote, and then amended by referring
    17
    specifically to the way protective structures
    18
    are regulated by DNR in relation to coal mining
    19
    and aggregate mining.
    20
    My pre-filed testimony contained language,
    21
    but as my expert, Mr. Hafliger, points out,
    22
    this language is taken just from the aggregate
    23
    program. And the coal mining industry, their
    24
    protected structures are articulated
    25
    differently. So I would ask that the

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    Board -- if the Board is going to be planning
    2
    to regulate mine industry and the coal mining
    3
    industry, that it focuses on protected
    4
    structures, and then regulate those structures
    5
    that are protected under the respective
    6
    aggregate and coal mining regulations.
    7
    Third, and frankly, even though it
    8
    may -- it's a very subtle point, but even most
    9
    importantly, in this context, new Part 910
    10
    35 Illinois Code 910, purports to establish
    11
    measurement procedures for the enforcement of
    12
    35 Illinois Code 900 and 901, procedures that
    13
    would include monitoring to enforce the limits
    14
    specified in 901.109. However, none of the
    15
    methods described in Part 910 will monitor
    16
    highly impulsive sound from blasting.
    17
    In essence, Part 910 must flatly state
    18
    that monitoring undertaken to ensure compliance
    19
    with Section 901.109 requires the use of a
    20
    blasting seismograph with a low frequency
    21
    response of 2.0 Hertz, and that this machinery
    22
    be used in conformance with manufacturer's
    23
    specifications and industry standards. Highly
    24
    impulsive sound from blasting can only be
    25
    accurately monitored by using this type of flat

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    response, sound pressure level microphone and
    2
    recording device. In the absence of the use of
    3
    such a device, any Board measurement procedures
    4
    purporting to show compliance or noncompliance
    5
    with the performance standards established by
    6
    Section 901.109 are totally meaningless.
    7
    The gentleman to my right with Evenson
    8
    Explosives will outline in detail the technical
    9
    problems that are inherent in the Board's
    10
    standards in 901 and 109. And more
    11
    importantly, he'll outline why the part 910
    12
    regulations are so -- woefully deficient.
    13
    At this time, I've concluded my testimony,
    14
    but I'd be glad to answer questions.
    15
    HEARING OFFICER TIPSORD: Let's go ahead
    16
    with Mr. Pierce, and we'll have questions of
    17
    the panel, if that's okay.
    18
    MR. HENRIKSON: I would like the gentleman
    19
    from IDNR to speak next, if I may.
    20
    HEARING OFFICER TIPSORD: That's fine.
    21
    MR. HENRIKSON: Because I talked about the
    22
    IDNR program. He'll help put it in
    23
    perspective, and Willard can go last. And his
    24
    testimony is kind of based upon Jim's
    25
    testimony.

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    HEARING OFFICER TIPSORD: All right.
    2
    That's fine. We'll do that then.
    3
    MR. HAFLIGER: Okay. Thank you.
    4
    My name is Jim Hafliger. I work for the
    5
    Illinois Department of Natural Resources Office
    6
    of Mines and Minerals, Mine Safety and Training
    7
    Division. My work title is Chief Division
    8
    Technical Explosive Specialist.
    9
    The information I'd like to share with you
    10
    today and respectfully submit for your
    11
    consideration, first of all, is basically a
    12
    program overview of what our responsibilities
    13
    are when we look through the rule-making
    14
    process that you're undertaking currently. We
    15
    would like to respectfully submit your
    16
    consideration on the voting areas of duplicity
    17
    in regards to our already existing program.
    18
    So to give you an overall summary of what
    19
    our program responsibilities are and how we're
    20
    structured here, I'd like to start out by
    21
    telling you that we have a staff of 12 members
    22
    that work out of three regional offices. We
    23
    have an office in Ottawa, Illinois, and we have
    24
    an office in Springfield, which is our main
    25
    administrative office, and we have an office in

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    Benton, Illinois.
    2
    Out of that number, out of that 12, we
    3
    have 8 inspectors that are dedicated full time
    4
    as a lead state agency, regulating the use of
    5
    commercial explosives in the State of Illinois.
    6
    Within the scope of our regulatory
    7
    responsibilities that we're statutorily
    8
    delegated to regulating explosive use, handling
    9
    and storage at the State's 172 active surface
    10
    mining operations. Within the scope of our
    11
    program and what we do, our inspectors are in
    12
    the field on a daily basis. And we have
    13
    monitoring equipment that includes 35
    14
    seismographs that register and record for our
    15
    analysis by our division experts the traces
    16
    reflected as a result of air blast or air
    17
    overpressure and ground vibrations at these
    18
    operations.
    19
    One thing that we stress as part of our
    20
    comprehensive program, the way we regulate
    21
    this, first of all, is we do have a mature
    22
    program in place. The State was initially
    23
    delegated with authority to regulate explosive
    24
    use in the mid 1930s. Subsequently in the
    25
    1980s, in the mid 1980s, we began our coal

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    regulatory blasting program. And then
    2
    subsequently in the mid '90s, we began
    3
    regulating blasting operations at the surface
    4
    aggregate operations.
    5
    Through the course of this and the
    6
    inception of this program and development of
    7
    our staff and their expertise, we've attained
    8
    35 seismographs that we use. And the nature of
    9
    government today is -- provides an opportunity
    10
    for us to reflect on the fiscal
    11
    responsibilities that we have in maintaining
    12
    this program. And for your knowledge, I
    13
    respectfully submit that these 35 seismographs
    14
    that we have for monitoring are valued at
    15
    nearly one hundred thousand dollars for our
    16
    monitoring equipment that our agent inspectors
    17
    use statewide.
    18
    Our people are also trained. Our field
    19
    inspectors are trained to go out and use this
    20
    equipment and analyze this equipment. It's
    21
    specifically designed for monitoring blasting
    22
    at surface operations. We're trained in the
    23
    use of this, and we're trained in the analysis
    24
    of the data that we subsequently recover after
    25
    these.

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    A point that I believe worth making is
    2
    that we regularly monitor these sites. We take
    3
    a proactive stance to making sure that the
    4
    operators are fulfilling their statutory
    5
    obligation of compliance. And for us to
    6
    determine non-compliance at this operation, we
    7
    do that by monitoring with the seismographs on
    8
    a regular basis, and not specifically in
    9
    response to a citizen's complaint. Our
    10
    regulatory philosophy is that we're proactive,
    11
    not reactive. We don't just specifically show
    12
    up after there's been an incident or an
    13
    accident involving property damage or personal
    14
    injury.
    15
    And as part of the proactive program that
    16
    we have, where we stress compliance through
    17
    education, we have an extremely comprehensive
    18
    training program, which is referred to by other
    19
    agencies as one of the most comprehensive
    20
    blasting regulatory programs in the United
    21
    States.
    22
    And part of our program that we have, when
    23
    I stress compliance through education, is that
    24
    people that are in the field that are actually
    25
    doing the blasting are trained by our agency

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    1
    through a comprehensive training device and a
    2
    certification program that covers a multitude
    3
    of topics, that there are 22 specified within
    4
    the scope of our regulations, which have
    5
    already been submitted to you as part of my
    6
    summary of my testimony today. So you'll have
    7
    those for reference. So that's kind of an
    8
    overview of our program.
    9
    Our training, what we do, we have an
    10
    outstanding safety record. The industry does.
    11
    They've been cooperative in maintaining the
    12
    safety record. We recently achieved a landmark
    13
    safety achievement, which I had the opportunity
    14
    to announce at a venue last week, the Illinois
    15
    Mining Institute, where the aggregate and
    16
    surface mining operations in Illinois recently
    17
    completed a five-year period, during which time
    18
    they had used an estimated 500 million pounds
    19
    of explosives over a 5-year period without a
    20
    reported injury from the use of explosives,
    21
    which is admirable, to say the least.
    22
    So I'd like to address any questions that
    23
    you may have specifically about our program.
    24
    And I encourage you to look at the regulations
    25
    that I've submitted to you during the course of

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    1
    your rule-making process. And if you have
    2
    any -- if there's -- I'd also like to offer,
    3
    you know, our expertise, any reference to our
    4
    program or any of our staff if you have any
    5
    additional questions about the equipment that
    6
    we utilize, what our existing program is, or
    7
    anything else you might have in reference to
    8
    that.
    9
    So with that, if you have any questions,
    10
    I'd be glad to address those.
    11
    HEARING OFFICER TIPSORD: Thank you.
    12
    And just a little bit of housekeeping. We
    13
    will admit as Exhibit Number 4, the Illinois
    14
    Department of Natural Resources Rules 62
    15
    Illinois Admin Code Part 300.
    16
    And as Exhibit Number 5, 62 Illinois Admin
    17
    Code, Sections 1816.61 through 1816.68. And
    18
    that's, as I said earlier, for ease of the
    19
    record.
    20
    (WHEREBY, EXHIBIT NUMBERS 4 and
    21
    5 WERE ADMITTED AS EVIDENCE.)
    22
    HEARING OFFICER TIPSORD: Thank you. And
    23
    I think we'll go ahead and continue, and we'll
    24
    ask questions from the panel.
    25
    MR. PIERCE: Thank you. Good afternoon.

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    1
    I'm Willard Pierce. I am the general manager
    2
    of Evenson Explosives. Our home office is
    3
    located in Morris, Illinois.
    4
    Our company manufactures and sells
    5
    explosives. And we provide blasting services
    6
    in four states. Again, our home base is in
    7
    Illinois, and that's where the majority of our
    8
    business is, but -- and it is mostly in the
    9
    aggregate industry.
    10
    Previously I was a technical specialist
    11
    with the DNR. A couple -- well, more than a
    12
    year ago, I was with them and had Jim's job at
    13
    that time. But I helped establish and
    14
    implement the blasting regulatory program that
    15
    is now in place. Prior to that, I conducted
    16
    air blast ground vibration research with the
    17
    U.S. Bureau of Mines. And the U.S. Bureau of
    18
    Mines has done blasting research as it relates
    19
    to air blasting ground vibrations since the
    20
    1940s.
    21
    All of the regulatory programs across the
    22
    country that I have seen or heard of or have
    23
    been involved with -- because when I was with
    24
    the Bureau of Mines, I traveled all over the
    25
    country -- in one form or another uses the

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    1
    Bureau of Mines recommendations for limits to
    2
    prevent damage to structures.
    3
    Given my background and given the job that
    4
    I have now where we are blasting, again, mostly
    5
    at aggregate industry, I have a technical
    6
    interest in this subject. And I also have a
    7
    practical interest in what we have to do, day
    8
    to day, to control the adverse effects from our
    9
    activity.
    10
    The interest that I have is that the
    11
    regulatory requirements are, one, consistent,
    12
    and they need to be consistent not maybe with
    13
    another regulation, but they have to be
    14
    consistent with what technology tells us. And
    15
    once we get that consistency, then the
    16
    requirements in the regulations and the limits
    17
    that are in the regulations can be implemented.
    18
    If they're not consistent, you have the problem
    19
    of one day doing one thing and another day
    20
    doing another.
    21
    Our blasters, based upon the regulations
    22
    here in Illinois, need two years of hands-on
    23
    experience. They need to take a training -- a
    24
    classroom training, classroom examination, and
    25
    then they're licensed blasters for the State.

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    For our company, they have to have another two
    2
    years at least of hands-on working with
    3
    experienced lead blasters before we turn them
    4
    loose as a blaster.
    5
    Part of that training, part of that
    6
    requirement as a blaster is someone using
    7
    explosives in this state or in any state,
    8
    because of the liabilities involved, go well
    9
    beyond what any regulations are, and we want to
    10
    control the adverse effects. We want to know
    11
    how do you design that blast to control air
    12
    blast.
    13
    My testimony or outline of my testimony
    14
    that I previously submitted -- I'm not going to
    15
    read it, but I want to hit the highlights of it
    16
    as I go through this.
    17
    When I look at first -- the first thing
    18
    that I mentioned is there's two different
    19
    limits of the C-weighted and the flat measuring
    20
    systems that you list in 901.109. And they are
    21
    two different numbers. If you look at the
    22
    Bureau of Mines' work, because the Bureau of
    23
    Mines say that 133 dB is equivalent to 105 dB.
    24
    So there we have a discrepancy between two
    25
    different numbers.

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    1
    The other thing that I would suggest is
    2
    that once you have a number that is
    3
    appropriate, whatever number that is, whatever
    4
    you want to base that on -- and I don't know,
    5
    based on the science -- but whatever you want
    6
    to base that number on, that should be the
    7
    number. It shouldn't change with the time of
    8
    day. It shouldn't change with the number of
    9
    occurrences in a day.
    10
    And that brings me to the technical part
    11
    of air blast versus noise or sound. Even
    12
    though we can somewhat interchange those terms,
    13
    they're not. Air blast is a very specific type
    14
    of sound, if I can say it like that. And the
    15
    majority of the energy from air blast is very
    16
    low frequency. You don't even hear it. You
    17
    know, people that live next to a blast say,
    18
    "Well, I hear that blast every day." Well,
    19
    yes, but what you hear is the other effects of
    20
    blasting. You may hear some of the surface
    21
    delays. You may hear some of the venting, but
    22
    the majority of energy from blasting is that 2
    23
    to 3 hertz. You cannot hear that. You can
    24
    feel it on your chest if it's high enough, just
    25
    like a band going by with a base drum, but you

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    1
    really don't hear it. The noise that you hear
    2
    is actually a very low level part of the air
    3
    blast. And as you look at air blast records or
    4
    seismograph records, you can pick this out, and
    5
    it's very easy to see.
    6
    The industry that -- the blasting industry
    7
    recognized the importance of consistency within
    8
    not only regulations, but basing regulations on
    9
    research and bringing the measurement
    10
    instruments into this standard.
    11
    And about 12 years ago, the International
    12
    Society of Explosive Engineers, the industry
    13
    professional society, brought all the
    14
    manufacturers of blasting seismographs to the
    15
    same table to look at the standards so that all
    16
    the machines are standardized because there
    17
    were no standards. The standard was,
    18
    regulatory standard, was plus or minus 3 dB.
    19
    That's plus or minus 50 percent. That's a
    20
    huge, wide range. That was a deficiency.
    21
    So the industry brought all the
    22
    manufacturers together at the same table, and
    23
    they came up with standards for monitoring air
    24
    blast from blasting. That's the only thing
    25
    they looked at with a blasting seismograph,

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    1
    because it measures ground vibration, and it
    2
    has a microphone to measure air.
    3
    Within that standard, it was -- eventually
    4
    it was published about 1999, and that is the
    5
    standard that everybody refers to now. And
    6
    part of that standard was the monitoring
    7
    procedures.
    8
    And when I read through Part 910, where it
    9
    talks about that's -- I'm reading the
    10
    procedures for monitoring sound, not for
    11
    monitoring air blast. And that's the
    12
    deficiency that I see.
    13
    Because there's even parts in several
    14
    places in there, where you have a switch on a
    15
    monitoring instrument to turn it off for a
    16
    transient noise, for short-term transient
    17
    noises. By definition, air blast is a
    18
    short-term transient noise. It lasts about
    19
    three seconds. It's not the same frequency.
    20
    So it's not a steady state. It's a transient.
    21
    So by definition, the monitoring
    22
    procedures suggest even turn the machine off
    23
    during air blast. And I would -- I find that
    24
    confusing. Let me put it that way.
    25
    And what I would suggest is that if you're

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    1
    going -- if the Board chooses through rule
    2
    making to monitor air blast from blasting, that
    3
    you use a blasting seismograph that is
    4
    specifically designed to monitor that type
    5
    of -- I'm going to say the word "noise," even
    6
    though that it's not noise. It's a change in
    7
    pressure is what it is.
    8
    But from a technical standpoint, and
    9
    looking at what the industry has been using for
    10
    the last 20 some years as a standard, based
    11
    upon what the Bureau of Mines has done for
    12
    decades in their research, Part 910 does not
    13
    address how to monitor properly air blast from
    14
    blasting.
    15
    With that said, if we have a method that's
    16
    not consistent or that doesn't measure it, why
    17
    should we even -- I know I'm not supposed to
    18
    ask questions, but why should we even be
    19
    monitoring if we're going to turn the machine
    20
    off, bearing that in part of the blast?
    21
    I guess the main thing I want to say is
    22
    that the blasting industry has a standard for
    23
    air blast, and it has a standard for
    24
    monitoring. And it's been in place in coal
    25
    mining for many years. And in the aggregate

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    1
    industry, it's newer, but it's been in place
    2
    for many years. And it's based upon a science,
    3
    and the science says that 133 dB at a house, it
    4
    will protect that house. And if we're going to
    5
    have a standard, it needs to comply or be
    6
    consistent with what other regulatory schemes
    7
    have, unless we got a new body of research to
    8
    prove otherwise, and I don't know that we have
    9
    that.
    10
    I guess my five recommendations that I
    11
    have -- and I will repeat these -- is that both
    12
    the C-weighted and flat response microphones
    13
    reflect the same number, not two different
    14
    numbers.
    15
    I would suggest that the limit for air
    16
    blast, which a lot of times you can't even
    17
    hear, applies at a structure of some kind,
    18
    rather than to a person. And then with that,
    19
    you'll have to define what structures you want
    20
    that to apply at.
    21
    Let me say one thing about having it at a
    22
    specific location like a structure. The
    23
    importance of that is, if I read your proposed
    24
    regulation right, it's at the property line.
    25
    That may not be the best place to monitor air

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    1
    blast because of the geometry from the source
    2
    to the receiver. Actually, sometimes closer to
    3
    the mine is not a good place to monitor air
    4
    blast. Sometimes it's further away. The
    5
    consistent thing is the structure is always
    6
    going to be there. So that's the place to
    7
    monitor.
    8
    The third thing I have is to limit
    9
    blasting from sunrise to sunset except for
    10
    emergency situations. 7:00 to 10:00, those
    11
    numbers, you know, based upon the time of year,
    12
    they may or may not be a good number. Who's
    13
    going to shoot at 10:00 o'clock when it's been
    14
    dark since 5:00 o'clock? And yet at the same
    15
    time, during the busy time of year, we may have
    16
    to blast before 7:00 o'clock.
    17
    And then following up from that, do not
    18
    lower the limit for the time of day, because,
    19
    again, if we're establishing a limit, it should
    20
    be one number regardless of the time of day or
    21
    number of events that day.
    22
    And most importantly, we have to require
    23
    monitoring procedures and equipment that are
    24
    appropriate to blasting.
    25
    Basically, my interest as a company that

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    1
    does blasting, if I'm already spending an awful
    2
    lot of money monitoring from one agency, if I
    3
    have to do another one, I will, but that
    4
    may -- from what I read what's proposed right
    5
    now, I'm going to have to get a different type
    6
    of equipment, train in a different type of area
    7
    for monitoring and monitor at a different
    8
    location. Those are all costs.
    9
    With that, I'll answer any questions you
    10
    have.
    11
    I would like to say as a user of
    12
    explosives and as a blasting company, we want
    13
    to limit our blasting so we don't affect the
    14
    neighbors, but we want to have limits that are
    15
    consistent with a regulatory scheme and the
    16
    technology that we know exists to control air
    17
    blast from blasting.
    18
    Thank you very much.
    19
    HEARING OFFICER TIPSORD: Thank you.
    20
    Mr. Henriksen, before we go to questions,
    21
    is there any -- would you like to have your
    22
    summaries admitted as exhibits on the off
    23
    chance that there's something in the summary
    24
    that perhaps you didn't hit on in the testimony
    25
    here? We can do that as well if you would like

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    1
    to.
    2
    MR. HENRIKSON: I just would rather stand
    3
    on what my testimony was because I made some
    4
    changes in the summary and expanded it. And
    5
    also I was corrected by my experts on some of
    6
    this, on the regulatory change that I was
    7
    interested in making. So --
    8
    HEARING OFFICER TIPSORD: All right.
    9
    We'll just stand with your oral testimony.
    10
    What about with Mr. Pierce (sic)?
    11
    MR. HAFLIGER: I'd like our general
    12
    summary left as is, which is what you have,
    13
    what we've submitted to you. I feel that
    14
    there's probably information, and there's
    15
    program specific information that could be
    16
    utilized for your reference at some point.
    17
    HEARING OFFICER TIPSORD: All right. We
    18
    will admit the IDNR summary; is that correct?
    19
    We'll admit that as Exhibit Number 6.
    20
    (WHEREBY, EXHIBIT NUMBER 6 WAS
    21
    ADMITTED AS EVIDENCE.)
    22
    HEARING OFFICER TIPSORD: And, Mr. Pierce,
    23
    what about you?
    24
    MR. PIERCE: I'd like both, the summary
    25
    and my oral testimony.

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    1
    HEARING OFFICER TIPSORD: Then we'll admit
    2
    Mr. Pierce's summary as Exhibit Number 7.
    3
    (WHEREBY, EXHIBIT NUMBER 7 WAS
    4
    ADMITTED AS EVIDENCE.)
    5
    HEARING OFFICER TIPSORD: Yes. DNR has
    6
    the attachment. That is, we've already
    7
    admitted that as Exhibit 4 and 5. Great.
    8
    Thank you.
    9
    And I think we're ready for questions.
    10 BY BOARD MEMBER RAO:
    11
    Q Mr. Henriksen, I had a few questions based
    12 on your summary of your testimony that you
    13 pre-filed. Apparently, you changed some of the
    14 things. And just to clarify, in your pre-filed
    15 summary, you suggested some changes to Section
    16 901.107 (h), Subsection (h). In your earlier, you
    17 know, pre-filed summary, you had asked us to make
    18 sure that mining activities should be gone by
    19 901.109. Now you are recommending that we just
    20 leave the regulation of mining industry to the DNR,
    21 not 901.109. Is that --
    22
    A (By Mr. Henrikson) As I testified when I
    23 turned my summary in, as I've gone over it, I
    24 realized that I hadn't struck through some of the
    25 language that I wanted to strike through to indicate

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    1 that it should be excised. So during my oral
    2 testimony, which I'll rest on, I had that 901, this
    3 Subsection (h), this exemption to state Part 901 --
    4
    Q The whole part?
    5
    A -- shall not apply to impulsive sound,
    6 impulsive sound produced by explosive blasting
    7 activity conducted on a Class C land use as
    8 specified by -- used as specified by LBCS Code 8300,
    9 8500.
    10
    Now, that's not to say that the IEPA
    11 shouldn't regulate sounds generated from, you know,
    12 crushing equipment, backup alarms on equipment.
    13 There are -- there is sound that -- there are steady
    14 state noises that are a function of a mining
    15 operation that, you know, need to be regulated. We
    16 understand that. And I may misuse a word or two.
    17 I'm not a technical person. There are constant
    18 noises, you know, like equipment operator, sound of
    19 processing equipment operating.
    20
    And the IEPA has the authority to
    21 regulate under Section 24, but we're suggesting is
    22 that under Section 25, your rule-making powers, you
    23 should defer to IDNR to regulate whatever noise is
    24 produced by -- the impulsive sound produced by
    25 explosive blasting, all right?

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    1
    And if we heard -- what Mr. Willard
    2 was saying and what Jim was saying, we're talking
    3 about a sound that lasts three seconds. Now, just
    4 to put that in context; people have the idea that
    5 you're constantly blasting at quarries, and we're
    6 talking about stone quarries versus sand gravel
    7 pits. Sand gravel pits, there's no blasting because
    8 of the nature of the material. You scoop it up.
    9 Stone quarries, you have to actually blast for
    10 materials.
    11
    It's rare that a company blasts more
    12 than one time a day. And that blast would
    13 last -- the part you could hear -- and, again, I
    14 have an expert here, Mr. Pierce and Mr. Hafliger,
    15 both, if I misused words, they'll be quick to
    16 correct me. But what you can hear is for three
    17 seconds, all right? That's what we're talking
    18 about. As opposed to backup alarms that might be
    19 going on 8, 10, 12 hours a day if the conditions are
    20 good, all right? So that's a busy operation that's
    21 doing production shots every day. That's what --
    22 BY BOARD MEMBER JOHNSON:
    23
    Q If the rule was amended to changed to
    24 reflect that request that -- or that suggestion that
    25 we exempt that particular activity from the noise

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    1 rules, then all the other suggestions are irrelevant
    2 at that time? We need to ask you questions about
    3 them, right?
    4
    A That's correct. That's correct.
    5
    Q That's what you think the most appropriate
    6 thing for us to do is, is to list those particular
    7 activities as exempt from the rule?
    8
    A Yes, just the impulsive -- the impulsive
    9 sound produced by explosive blasting activities.
    10 That three seconds a day, to have DNR regulate, as
    11 they've been doing very successfully over a number
    12 of years. The rest of the noise that comes from our
    13 business and quarries, you know, DNR is going
    14 to -- EPA is going to regulate it as noise under
    15 Section 24. And we tried monitoring devices, which
    16 produce nuisance problems out there. That's a whole
    17 different concept and spectrum of activities than
    18 what these -- than what we're talking about.
    19
    Q Is it common that the day begins -- if the
    20 sun rises at 5:30, is it common then at 5:35, that's
    21 when that -- because you're -- some testimony was
    22 with respect to changing -- if we get past that,
    23 your first suggestion to change the hours, the
    24 regulatory hours, and include making them daylight
    25 to sunrise to sunset, rather than the specific hours

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    1 we've listed here, is it often then that the day
    2 begins with the blast and the rest of the day's
    3 activity?
    4
    MR. HENRIKSON: I'll defer to Mr. --
    5
    MR. PIERCE: Very commonly what happens
    6
    is, when we do a service, a contractual service
    7
    for a quarry, we'll show up right about
    8
    daybreak or sunrise. We'll load the shot, and
    9
    maybe 4 or 5 hours later, the first shot will
    10
    go off or the shot will go off. There are
    11
    times, however, based upon production needs or
    12
    especially this time of year when
    13
    everybody's -- you know, the demands are there
    14
    and busy, we'll get there earlier, load the
    15
    shot. And we'll shoot by 7:00 o'clock, yes,
    16
    but that is rare. That is not -- we're not
    17
    sitting there waiting for the sun to come up,
    18
    no.
    19
    Another situation where that may come into
    20
    play -- and this is even more rare -- is if
    21
    whatever reason we had to defer a shot from the
    22
    day before; equipment breakdown, a lightning
    23
    storm came through. Whatever the reason is,
    24
    the shot, we didn't shoot. So it's sitting
    25
    there now. Somebody is going to be guarding it

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    1
    overnight. The sooner we can shoot that, the
    2
    better.
    3 BY BOARD MEMBER JOHNSON:
    4
    Q Right.
    5
    A (By Mr. Pierce) Just because it's been a
    6 long night, maybe sitting. Let's get it off. But
    7 that is a very rare -- now, it's not, "It's 5:30.
    8 Let's pull the trigger." It's typically mid morning
    9 is the first blasting activity.
    10
    BOARD MEMBER RAO: Just following up on
    11
    Mr. Thomas' (sic) question.
    12 BY BOARD MEMBER RAO:
    13
    Q If we go the other route of not exempting,
    14 and, say, try to make these rules consistent with
    15 the IDNR rules, would it be better if we
    16 cross-referenced to IDNR regulations in our rules to
    17 save any constant monitoring procedure? Say these
    18 are the requirements? The requirements are
    19 specified in, you know, the rules that's been
    20 submitted by IDNR? You know, a specific reference
    21 in our rules? That way there is no confusion what
    22 procedures you follow, how you monitor or what
    23 equipment you use.
    24
    A (By Mr. Henriksen) If you're addressing
    25 that to me, I'm saying if you all elect to regulate

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    1 impulsive sound produced by explosive blasting at
    2 these mines, you should incorporate them by
    3 reference. You should directly refer to them every
    4 bit of what they require, so that something is not
    5 left out or things aren't added to it that are
    6 improper.
    7
    But the key thing is, that this
    8 activity be monitored for compliance or lack of
    9 compliance the same way IDNR does it, because
    10 this -- and, again, this was not a haphazard
    11 process.
    12
    I mean, our industry -- just to back
    13 up. I work for DNR. I work for mines and minerals.
    14 I helped put together the blasting program as an
    15 attorney for mines. And I had to work through all
    16 of this to make sure that we put together a program
    17 that comported with what industry nationwide says
    18 are best practices. So if you're going to corporate
    19 those rules, corporate them all. And most
    20 importantly, or as important as any of this stuff,
    21 be sure you incorporate how this stuff is measured.
    22 Be sure that it's required that anybody who claims
    23 that we have -- we violated the Board's rules from
    24 blasting has -- prove that up by using a seismograph
    25 used precisely the way that Jim Hafliger or Willard

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    1 Pierce would, would use it precisely. It's
    2 critical.
    3 BY HEARING OFFICER TIPSORD:
    4
    Q I am familiar with IDNR's program. What
    5 are the consequences for a producer if they fail to
    6 meet the --
    7
    A (By Mr. Hafliger) The punitive damage is
    8 that we consider culpability and a whole host of
    9 other things -- responsibility and the scope and the
    10 nature of violation and the magnitude of violation.
    11 It can go up to suspension or revocation of their
    12 actual blasting operations with what they do out
    13 there.
    14
    Q And how do you enforce that? Is that
    15 through circuit court or the attorney general's
    16 office? Is that a matter of your own rules?
    17
    A That's through our rule making and hearing
    18 process, okay?
    19
    And if I can, while I'm adding this
    20 in, regarding to Mr. Johnson's question earlier
    21 about blasting during daylight; I think it should be
    22 added and I probably should have mentioned that
    23 earlier, but it's part of our inspection process
    24 that we make to aggregate and surface coal
    25 operations, they have obligatory records that they

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    1 have to keep for us that incorporate every minor
    2 detail about every element of the blast. There's 17
    3 different areas or criterion that they have to
    4 include on the blasting records, including the time
    5 of day of the blast. In some cases, in coal and
    6 aggregate industry, there's some minor variation,
    7 but up to and including wind direction, temperature,
    8 time of day, person involved with the blast, the
    9 name and the certificate or license number of the
    10 person doing the blast. The pounds of explosive per
    11 eight millisecond delay. When we talk about these
    12 small duration blasts, it's actually how many pounds
    13 are going off at this time.
    14
    Within the scope of all this, that's
    15 how we determine whether or not, A, as an
    16 operator -- when I talk about us monitoring with our
    17 35 seismographs, the majority of the operators also
    18 have their own. And if they meet certain criteria
    19 within the scope of our regulations in addition to
    20 being monitored by us, they're also monitored by
    21 them.
    22
    So when I said earlier that we have
    23 35 seismographs, the 172 operations, that doesn't
    24 mean that they're not being monitored. The majority
    25 of the operations out there, out of the 172, are

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    1 monitoring their selves. Their blasting records
    2 have to be -- their seismograph records for our
    3 analysis, as explosive experts, have to be available
    4 to us at the time of our inspections, which are very
    5 regular.
    6
    So within the scope of what we're
    7 seeing, if you have any questions about how do you
    8 know if they're blasting at daylight or not, part of
    9 their regular statutorily required records include
    10 all that information for our reference, what we take
    11 into consideration for any punitive or enforcement
    12 action that we're taking as the operation or the
    13 specific blaster in charge or both.
    14
    HEARING OFFICER TIPSORD: Mr. Pierce?
    15
    MR. PIERCE: Could I also address your
    16
    question about the violation and what's
    17
    involved?
    18
    There is a formula, and it's based on
    19
    different criteria of what dollar value comes
    20
    to the company, and up to and including on that
    21
    is a certain abatement action, what they have
    22
    to do to correct that action. But it could go
    23
    all the way up to a cessation of the operation,
    24
    and specifically the blasting operation.
    25
    In addition to that, Illinois DNR has a

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    1
    notice of infraction to the individual. So the
    2
    mining company may get the violation and a
    3
    dollar value assessed to it. The actual
    4
    blaster, who may be one of my employees, could
    5
    lose his blasting license or could get
    6
    suspended or could have to take more training,
    7
    or whatever the abatement action is for that
    8
    individual.
    9
    So the State holds both the company and
    10
    the individual responsible. And it's a very
    11
    serious matter. And I've been involved on both
    12
    sides of this discussion now. And I think all
    13
    parties take it very seriously because
    14
    it's -- you know, we hold a person responsible,
    15
    which is very meaningful, very meaningful.
    16 BY BOARD MEMBER RAO:
    17
    Q Does your program also have any mechanism
    18 for nearby residents to come and complain to you?
    19
    A (By Mr. Hafliger) We have implemented a
    20 program over the past 10 years what we consider also
    21 to be very comprehensive where we've established an
    22 800 number for the ease of the people. We encourage
    23 them to call us.
    24
    What we find is the blasting is
    25 inherently specialized in nature. Much of the

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    1 general public's perception from blasting comes from
    2 Hollywood. And I also have the opportunity to teach
    3 the classes for these blasters and explosive users
    4 and law enforcement and anybody that used any kind
    5 of commercial explosives.
    6
    And quite realistically, an effective
    7 blasting at a quarry coal mine is very undramatic in
    8 nature. What we might see on Hollywood, Hollywood's
    9 portrayal of explosive use are giant fireballs, just
    10 to make it a little more interesting and dynamic as
    11 part of that.
    12
    But the practicality of explosive use
    13 in the aggregate and coal industry, that anything
    14 that you see, feel or hear as a result of the blast
    15 is inefficient because it's lost energy. And the
    16 economics dictate that you're utilizing every bit of
    17 energy possible of your explosive. The fireballs,
    18 the flashes of light and everything that you see on
    19 television, which are created by adding special
    20 effects, pyrotechnics, to make it more interesting
    21 for the folks watching at home are not an accurate
    22 portrayal by any means of the surface aggregate and
    23 coal blasting.
    24
    Does that address your --
    25
    BOARD MEMBER RAO: Yeah.

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    1 BY BOARD MEMBER GIRARD:
    2
    Q Jim, how many complaints do you get in a
    3 typical year?
    4
    A (By Mr. Hafliger) Probably this year, we
    5 probably have to date, we've had less than a
    6 hundred. At the beginning of our program, until the
    7 word got out and they knew who to talk to, that they
    8 knew not necessarily a liaison, but they had a go-to
    9 person. We probably started out with initial
    10 implementation of our program in the aggregate
    11 industry in the beginning '90s where it was several
    12 hundred a year.
    13
    We've got kind of an informal number
    14 that we use, which is an approximation, but we found
    15 since recordkeeping within our program, that we find
    16 that about 90 percent of the citizens' complaints
    17 are addressed simply by them talking to a
    18 representative of our staff who subsequently
    19 explains the nature of blasting and what goes along
    20 with it.
    21
    We find about another 5 percent, it
    22 takes one of our staff members going out to their
    23 residence, where they have the concerns, and meeting
    24 with them, looking at some specifics, the structure
    25 in relationship -- the geographical location of the

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    1 structure in regards to mining operation.
    2
    And then we find about there's
    3 another 3 percent that probably takes us installing
    4 a seismograph there to put their mind at ease that
    5 they can see that what we've described to them and
    6 what our regulatory parameters are. We give them
    7 the numbers. We explain the science to them the
    8 best we can, and explain to them the numbers that
    9 we're seeing. Whether there is or is not an issue
    10 of noncompliance or the potential for structure
    11 damage, or even in some cases, personal injury at
    12 the nearest protected structure.
    13
    That leaves 2 percent unaccounted
    14 for. And our best estimate is that there's 2
    15 percent regardless of what we're going to do. We're
    16 not going to appease their concerns.
    17
    But, yes, we do address that. That's
    18 what we see as far as complaints. And those numbers
    19 are down dramatically. We have interaction to get
    20 out there, and implement and utilize our outreach
    21 programs that we have.
    22
    Q Are those complaints more concerned with
    23 noise or ground vibration or other effects?
    24
    A Just in general, a lot of times it's a
    25 nuisance of the whole -- maybe the whole mining

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    1 operation in general.
    2
    Maybe they have concerns, as
    3 Mr. Henriksen stated earlier, where they talk about
    4 the blasting. They talk about the backup alarms or
    5 the dust or whatever. And, specifically, it's
    6 probably the ground vibration.
    7
    If they're calling, describing to us
    8 in laymen's terms that what they tell us is they're
    9 shaking the ground out here, and they are giving us
    10 things to have concern about, and that's where
    11 we -- if we haven't already been out there in their
    12 neighborhood somewhere, that's where we get in the
    13 system and meet with people in a group, citizens
    14 groups and a whole host of different venues, that we
    15 do to try to address this not just for the sake
    16 of -- you know, I don't want to be perceived as
    17 specifically industry friendly, but it's, you know,
    18 our obligation is to protect the general public from
    19 property damage, and more specifically, personal
    20 injury out there at the location. That's -- really
    21 we've been delegated as regulators.
    22 BY BOARD MEMBER JOHNSON:
    23
    Q Just so I've got it right, and I think
    24 it's in your pre-filed testimony, but the wording
    25 that you would suggest is that highly impulsive

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    1 sound from blasting operations at mines? That's
    2 what -- is that right?
    3
    A (By Mr. Henrikson) Yeah. I used the
    4 Class C land use as specified by LBCS, Codes 8300
    5 and 8500. I think you guys are upgrading your
    6 classification system. So I tracked the numbers
    7 that I think refer to surface coal mining and
    8 quarrying.
    9
    Q And you said specifically that we don't
    10 want you to exempt mining operations from noise
    11 pollution cases based upon trucks coming in and out
    12 of the quarry or grinding of the gravel. Maybe you
    13 want us to, but you're saying that that's not
    14 what -- that's not what you're suggesting in your
    15 pre-filed testimony.
    16
    A What I'm saying is that -- that's correct.
    17 That's correct. I think -- I mean, IEPA, Pollution
    18 Control Board has certain obligations set out by the
    19 Illinois General Assembly in Section 24. We
    20 understand that. And our operations try moderately
    21 to be good neighbors to keep the noise down.
    22
    What we're looking for, what we're
    23 suggesting is that, that the 901.109, relating to
    24 blasting activities, exempt us out. Now, there are
    25 blasting other than coal mines. Aggregate mines and

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    1 maybe construction. Or a farmer blowing up a tree
    2 stump. Whatever. Regulate away. I mean, nobody
    3 regulates -- you know, there's certain areas that
    4 they've all been blasting that aren't, I believe,
    5 regulated by the state. So regulate away.
    6
    But we're suggesting that your rules
    7 be amended to -- an exemption to make it clear that
    8 the Part 901 standards don't apply to impulsive
    9 sound produced by explosive blasting activities
    10 conducted at a Class C land used as specified by
    11 LBCS Codes 8300 and 8500, period.
    12 BY BOARD MEMBER GIRARD:
    13
    Q John, have you considered approaching the
    14 General Assembly and getting a specific statutory
    15 exemption written into the Environmental Protection
    16 Act?
    17
    A (By Mr. Henrikson) No. And by that I
    18 mean, I believe that you have enough flexibility in
    19 your regulatory scheme if there's good reason, good
    20 cause shown to do that. I mean, these rules -- I've
    21 read them again. But there's different standards
    22 set for different -- there are wholesale exemptions
    23 for certain economic activities. Farm equipment. I
    24 mean, you know, and I understand why. But being in
    25 a mineral extraction industry, I understand why we

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    1 have to do things farmers don't do.
    2
    With that being said, I think it's
    3 important -- I'm not -- we're not saying and have
    4 never said that our blasting activities shouldn't be
    5 regulated. We're not saying that. We're saying
    6 that our blasting activities already are heavily
    7 regulated by the State of Illinois.
    8
    Those blasting -- and that regulatory
    9 program has worked very well. We're getting less
    10 complaints of our operations because of the work
    11 they're doing. The professionalism of our blasters,
    12 that function of the program Willard set up and Jim
    13 administers, the professionalism makes our --
    14 frankly, our blasters that come out of our state the
    15 best in this nation. That's improved the quality of
    16 work that we do. That's improved the quality of
    17 blasting and production that we do. That's also
    18 reduced the number of violations.
    19
    When this program first was
    20 implemented, I was then working for the association.
    21 I can assure you there were a number of violations
    22 that the State wrote to my members, and by and
    23 large, they were good violations. And it took some
    24 training. It took some -- we went through some
    25 teething problems, some education of our folks to

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    1 figure out what to do, how to figure out the
    2 paperwork, how to do the things right.
    3
    And now we have an excellent track
    4 record with the State. We don't get many violations
    5 from DNR because our folks are doing the right
    6 thing. And it's no coincidence that the complaints
    7 that we have to contend with has, in our industry,
    8 go down every year. And we're frankly proud of that
    9 record. Because the complaint of the system
    10 means -- a complaint of the system means that a shot
    11 hasn't been set up right, and we're wasting money.
    12 Because if a shot is not efficient, that energy, as
    13 these gentlemen have said, has escaped out of the
    14 hole, and that energy has been used to push the
    15 rock. That's money. That's a lot of cost.
    16
    MR. PIERCE: If I can add to that.
    17
    Everything Mr. Henriksen just said is in
    18
    addition to the fact that there is more
    19
    monitoring being done today than there's ever
    20
    been done yesterday. Just because the cost of
    21
    technology has gone down, just like any other
    22
    computer system. And we are monitoring -- the
    23
    industry is monitoring more today than they
    24
    ever have.
    25
    There are shots that we, as a company, put

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    1
    off that may have five monitors set up. Just
    2
    because if you have a blast here and you have
    3
    houses on all four sides, we want to know, not
    4
    just when we get a violation. We want to know
    5
    that we're keeping our numbers down. And
    6
    because you can't hear it, you don't have a
    7
    feel for it. You have to monitor. So the
    8
    monitoring is being done. It's being done.
    9 BY BOARD MEMBER RAO:
    10
    Q Mr. Pierce, you recommended that the
    11 monitoring procedures that have been proposed under
    12 910 doesn't address explosive blasting the way it's
    13 being proposed right now, and you said you follow
    14 certain procedures under DNR's regulations. Are
    15 those, you know, the monitoring procedures and the
    16 equipment used for, you know, to monitor blasting,
    17 does that apply only to blasting at mine sites? Or
    18 it may be generally applicable to any other
    19 explosive blasting?
    20
    A (By Mr. Pierce) It would apply to any
    21 type of blasting because the air blast or the energy
    22 that you get from the atmosphere from any type of
    23 blasting is the same. It's going to be low
    24 frequency because air moves very slowly. It's going
    25 to be low frequency. So those type of instruments

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    1 would apply to all types of blasting, yes.
    2
    Q So even if the Board decides to, you know,
    3 defer to DNR for, you know, blasting for mining
    4 industry, it would make sense to amend our rules to
    5 cover other, you know, non-exempted blasting
    6 appropriate monitoring procedures?
    7
    A I would agree with you. And, again, my
    8 experience and expertise is limited in sound, but
    9 when I read through 910, I'm very familiar with
    10 that's exactly what you're monitoring there is
    11 sound.
    12
    And blasting, even construction
    13 blasting that has the explosives closer to the
    14 surface so there's more noise out of it, a higher
    15 level, it's still low frequency. It doesn't fit.
    16 And it's still transient. It's still that couple of
    17 seconds.
    18 BY BOARD MEMBER JOHNSON:
    19
    Q Would it violate the rules as written
    20 then? I mean, if you're saying it's not sound, but
    21 it's pressure? Would a shot that you guys take on a
    22 typical aggregate mine violate the rules the way
    23 they're written currently?
    24
    A (By Mr. Pierce) Potentially, yes, but
    25 unnecessarily.

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    1
    And let me give you a couple examples
    2 with some numbers. I wish I had a chalkboard. I
    3 love to draw pictures.
    4
    Anyway, for instance, if a lot of
    5 mines are blasting near the perimeter of their
    6 property -- I'm going to say, let's say, within
    7 200 feet of their property line, where then you may
    8 have a street. And, for instance, up in Chicago, we
    9 may have an interstate, which is another hundred
    10 feet or more to get across that. And then you may
    11 have a property or a yard or a baseball field. And
    12 so actually the structure where people are going to
    13 be hanging out is literally a thousand feet away or
    14 seven hundred feet away.
    15
    So with the monitoring up to the
    16 property line at a hundred feet versus really where
    17 we need to be monitoring, a thousand feet away, this
    18 is a huge difference in what you're getting off of
    19 this.
    20
    And then the geometry of a blast. If
    21 you're down in this hole, you know, down in the hole
    22 down here, and you're monitoring right on the edge
    23 here, actually, there's a zone in there where you're
    24 not going to get anything. And from noise or
    25 pressure, it's going to come over that. So if

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    1 you're required to monitor here, the better place
    2 may be back here, or vice versa. I mean, it goes
    3 both ways.
    4
    But my point when I brought up the
    5 location of the monitoring, especially that the
    6 property line versus something that you're
    7 protecting, this is constant. This is always going
    8 to be here.
    9
    So no matter what the effect is
    10 between the source and the receiver, this is going
    11 to remain constant. And it's something you can
    12 design for. As a blaster, if I know that I'm
    13 shooting to this, to protect this, I can design for
    14 that. I can redirect my blast in a different
    15 direction through delays that we use. But if I know
    16 that today somebody is going to be monitoring here,
    17 it's going to change everything. You know, change
    18 the way I shoot that blast. And so it could go
    19 either way, I guess, is what is my answer to your
    20 question.
    21 BY BOARD MEMBER RAO:
    22
    Q What you said brings up another question I
    23 had about, you know, the complaints, going from the
    24 property line to a structure, you know, the
    25 protected structure as Mr. Henriksen said in his

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    1 pre-filed testimony.
    2
    So when you start mining activities
    3 if -- you know, I don't know how you do it. Maybe
    4 you try to protect the structure which is nearest to
    5 your blasting operation. You know, if that's the
    6 case, you know, some time in the future, if somebody
    7 decides to put some other structure closer, then
    8 will you monitor to protect the --
    9
    A (By Mr. Pierce) The DNR regulations
    10 require that, and that does happen. And it's a
    11 constant thing of when, okay, now, they're building
    12 this building. When is it protected? Is it the day
    13 they do the foundation? Well, the foundation,
    14 you're not really protecting it. It's when they get
    15 the super structure on it.
    16
    But, yes, we encounter that
    17 especially in the Chicago area on a daily basis of
    18 moving our instrument from site to site. Not only
    19 because the structure may -- a new structure may
    20 come in, but depending on where we are in the
    21 quarry. We may have to set up a different
    22 instrument or a different location today than what
    23 we did yesterday. That's very common.
    24
    Q Okay. I had one more question about this
    25 monitoring equipment.

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    1
    I think Mr. Henriksen earlier
    2 testified that if at all the Board decides to
    3 regulate your industry, that we should make sure we
    4 write in the rules that the monitoring equipment,
    5 you know, should be used according to the
    6 manufacturer's specifications. Something to that
    7 effect. And my question is, are there any, you
    8 know, standards for blasting seismograph, just like
    9 ANSI has a number of standards for monitoring sound,
    10 and you know, instrumentation? Do you have
    11 similar --
    12
    A The answer is absolutely "yes." And,
    13 again, I refer to that, the International Society of
    14 Explosive Engineers, which is a professional body of
    15 blasters from all the manufacturers. I think to
    16 date, or today, there's about eight manufacturers of
    17 blasting seismographs.
    18
    They all sat at that table, and they
    19 all came up with a standard, not only for their
    20 instruments, but for maintaining the instruments,
    21 for installing the instruments for analyzing the
    22 data. And that was published, and it's in the
    23 society's handbook of blasting. It's a whole
    24 chapter in there on just seismograph and blasting
    25 monitoring. And that is the industry standard right

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    1 now. And every state recognizes that.
    2
    One -- and if I could just talk about
    3 that for a minute, because in 910, one of the
    4 requirements is to have the microphone on 5-foot
    5 stands, which is the way blasting seismographs were
    6 20 years ago, because they were using a different
    7 microphone at that time. Now, with the type of
    8 microphones they're using, they literally can have
    9 them at ground level because we're measuring the
    10 pressure. Pressure doesn't change, and it doesn't
    11 have the reflective surface. I think you're talking
    12 25 feet? They say 5 feet. So it's a totally
    13 different standard because it's a different thing
    14 that we're monitoring with a different type of
    15 microphone.
    16
    Another thing that's in 910 is not to
    17 monitor if the wind is over 12 miles an hour. As a
    18 blaster, if the wind is coming towards you, I have
    19 to account for that if I have to monitor over there.
    20 I have to take that into account. I have to take
    21 into account and control more of what overpressure
    22 I'm going to cause. So in one sense, the blasting
    23 requirements, the blasting seismograph requirements
    24 or standards are a little bit stricter, but they're
    25 more appropriate.

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    1
    Q Okay. I'm sure we'll be able to find a
    2 copy of this standard on the Web site or some place,
    3 but would it be possible for you to provide the
    4 correct citation to the standard sometime in the
    5 comments? Or if you have it right now.
    6
    A I can give it to you right now. It is
    7 isee.org, and they will have it all on their Web
    8 site as the blaster's handbook. It's their
    9 handbook.
    10
    BOARD MEMBER RAO: Thank you very much.
    11
    HEARING OFFICER TIPSORD: Anything else?
    12
    All right. Are there any questions from anyone
    13
    else? Okay.
    14
    MR. HENRIKSON: How long will the record
    15
    be kept open?
    16
    HEARING OFFICER TIPSORD: That's where I'm
    17
    going now.
    18
    First of all, I want to thank all three of
    19
    you for your testimony and the information
    20
    you've given us today. It was very helpful at
    21
    the last hearing. It's even been more helpful
    22
    at this hearing. We appreciate it.
    23
    We tried very hard to update our regs, and
    24
    it sounds like we're a little behind maybe on
    25
    blasting. IDNR, they've apparently updated

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    1
    their regs much before we did. And we thank
    2
    you very much for the information.
    3
    The Board's procedural rules say that a
    4
    hearing record shall be held open at least 14
    5
    days after receipt of the transcript. Our
    6
    transcripts are generally available within like
    7
    10 days, 10 working days, I think it is, for a
    8
    regular transcript. So I'm just going to go
    9
    ahead and pick September 30th, which should
    10
    give us plenty of time as a date to close the
    11
    record in this proceeding.
    12
    I will do also a written hearing officer
    13
    order of that effect. But at this time, we
    14
    will ask that all comments be submitted by
    15
    September 30th.
    16
    Dr. Girard, do you have anything else?
    17
    BOARD MEMBER GIRARD: Just to say thank
    18
    you for your time. You've been very helpful.
    19
    And we look forward to getting the transcript
    20
    and seeing again all the good information we've
    21
    got in the record. And we'll come up with the
    22
    best rule we can.
    23
    MR. HENRIKSON: Thank you.
    HEARING OFFICER TIPSORD: And we thank you
    24
    very much. And with that, I think we're
    adjourned. Thank you, gentlemen.
    25
    [END OF HEARING.]

    Keefe Reporting Company
    (618) 244-0190

    62
    1
    NOTARIAL CERTIFICATE
    2
    I, ANN MARIE HOLLO, a Certified Shorthand Reporter
    3 for the State of Illinois, CSR# 084-003476, and a duly
    commissioned Notary Public within and for the State of
    4 Illinois, do hereby certify that the preceding matter came
    before me at the offices of the Illinois Environmental
    5 Protection Agency, Illinois Pollution Control Board Hearing
    Room, 1021 North Grand Avenue, Springfield, Illinois;
    6
    That the said proceeding was reduced to writing, and
    7 this transcript is a true and correct record of the
    proceeding.
    8
    9
    IN WITNESS WHEREOF, I have hereunto set my hand
    and seal on September 9, 2005.
    10
    My commission expires April 5, 2006.
    11
    12
    ________________________
    Notary Public
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    Keefe Reporting Company
    (618) 244-0190

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