~~ED
OCT
202005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
bIATE OF ILLtf~Jo,s
tutIoi, Control Board
IN
THE MAIlER
OF:
)
)
PROPOSAL OF VAUGHAN & BUSHNELL
)
R200c-
MANUFACTURING COMPANY
OF
)
AMENDMENT TO A SITE-SPECIFIC RULE
)
35
ILL
ADM. CODE 901.121
)
PROPOSAL OF AMENDMENT TO A SITE-SPECIFIC RULE
NOW COMES Vaughan & Bushnell Manufacturing Company(“Vaughan”) by and through
its
attorneys, Davis &
Campbell L.L.C.,
and hereby submits its
proposal to the Illinois Pollution
Control Board
(“Board”) for an
amendment to
the
site specific nile
found at
35
Ill.
Adm.
Code
Section 901.121 with respect to the operation ofthe Vaughan forging facility in Bushnell, Illinois.
This proposal is submitted pursuant to Section 28(a) ofthe Illinois Environmental Protection Act,
415
ILCS
5/28(a),
(“Act”), and
in
accordance with Part
102,
Subpart B of the Illinois
Pollution
Control Board’s Procedural Rules,
35
III. Adm. Code Section
102, Subpart B.
In support hereof,
Vaughan provides the following information.
INTRODUCTION
Vaughan,
a world leader in the manufacture ofstriking tools, owns and operates a forging
shop in Bushnell, Illinois located at the intersection ofDavis and Main Streets which consists often
drop hammers capable ofproducing up
to
2,500 lbs. of force
in the production of striking tools
(“Shop”).
The Shop is Vaughan’s primaryproduction facility.
Vaughan was initially permitted by
35111. Adm. Code Section 901.121
to operate inconsistent with the Sound Emission Standards and
Limitations promulgated by the Board pursuant to 35
III. Adm. Code Section 901
etseq.
on May 7,
1
1985.
35
Ill.
Adm.
Code
Section
901.121.
The
Shop
is
located in
an
area of Bushnell
that
is
primarily industrial.
Currently the land uses in the immediate area, in addition to industrial uses, is
agricultural, residential, rail transportation, and vacant land.
Because the Shophas received a site-
specific rule with regard to sound emissions, the Board’s noise regulations have generallynot been
applicable.
Regardless of that
fact,
to
the best
of Vaughan’s knowledge,
no
current pollution
complaints have been alleged by any ofits neighbors.
Dueto its proposed changein hours ofoperation, Vaughan now seeks an amendment to the
site-specific rule previously promulgatedby the Board.
The land immediately north ofthe Shop is
owned by
Vaughan or contains commercial
property and
two
residential
properties.
The
land
immediately east of the
Shop
is
industrial
in
nature and
is
owned or operated
by Archer Daniel
Midland as a protein manufacturing site.
The land immediately south ofthe Shop is owned by the
City ofBushnell and contains maintenance and electrical buildings.
Finally, the land immediately
west of the Shop is industrial
and
contains the Norforge Manufacturing facility, which is
another
forging shop.
The proposed change in the hours ofoperation is currently not permittedby thehours
ofoperation limitation found at 35111. Adm. Code Section 901.121(b).
For this reason, Vaughan is
seeking
an
amendment
to
the previously promulgated site-specific rule
by the Board
that
will
establish a twenty-fourhourperiod ofoperation.
The amendment requested is permissible under the
Board’s authority to amend previously established rules pursuant to Section 28(a) ofthe Act.
PROPOSED AMENDMENT TO A SITE-SPECIFIC RULE
(35 Ill. Adm. Code Section
102.210(a))
The hours ofoperation rule for Vaughan is found at 35 Ill. Adm. Code Section 901.121(b).
This
rule was
first
established
by the
Board
pursuant
to
Vaughan’s
Proposal
for Site-Specific
2
Rulemaking on
May 7,
1985.
The current rule states as follows:
Vaughan & Bushnell Manufacturing Companyand the future owners ofthe forging facility
located
at the intersection ofDavis
and
Main
Streets, Bushnell, Illinois,
shall comply
with the
following site-specific operational level:
a)
Operate no more than ten hammers at any one time; and
b)
Operate its
forging
hammers only between the hours of 6:00
a.m.
and
1:30
p.m.
Monday through Saturday.
INote: the language of the current rule referring to “1:30 p.m.” is a scrivenor’s error.
The
language
should
read
“1:30 a.m.” as was ordered by
the Board
on May
7,
1985.
On
March 17,
2005, Vaughan requested the Board to correct the error.
The matter is currently
before the Board at R03-9.J
The Board requiresthat language proposed to be added by amendment must be indicatedby
underscoring and language proposed to be deleted by amendment must be indicatedby strike-outs.
Pursuant to the Board’s requirements, Vaughan proposesamendment by deletion and amendmentby
addition as follows:
Vaughan & Bushnell Manufacturing Company and the future owners ofthe forging facility
located at the intersection of Davis and
Main Streets,
Bushnell, Illinois,
shall comply
with
the
following site-specific operational level:
a)
Operate no more than tenhammers atany one time during the hours of6:00 a.m. and
1:30 a.m. Monday through Sunday, and
b)
Operate
ith
forging hammero
only between the
houro of 6:00
n.m.
and
1:30 p.m.
Monday through Satuthay.
b)
Operateno morethan ten hammers at any one time during the hours of1:30a.m. and
6:00 a.m. Monday through Sunday.
As explained more fullyherein, the amendment ofVaughan’s site-specific rule will allow
3
Vaughan to
operate
the
Shop for a third shift
and thereby provide the maximum manufacturing
output that is economically feasible and technically reasonable.
Theonly area that maybe affected
by
adopting
the
proposed
amendment
is
the
immediate
area surrounding
the
Shop,
which
as
previously stated is comprised ofmostly industrial
establishments.
Moreover, the adoption of the
proposed amendment will allow Vaughan to continue to be the world leader in the manufacture of
striking tools and provide economic stability to the Bushnell community.
STATEMENT OF REASONS
(35
Ill. Adm.
Code
Section 102.210(b) and Section
102.202(b))
In
accordance
with
the
Board’s
procedural
rules
at
Section
102.210(b)
and
Section
102.202(b), Vaughan submits the informationrequired to support this amendment to a site-specific
rule.
In sum, this information demonstrates theneed for the requested amendment, the reasonswhy
compliance with the current rule is not economically reasonable, describes the area affected by the
proposed amendment, and addresses the environmental impact ofthe proposed amendment on the
affected area.
Character of the Area Involved, Character of the Surrounding Land Uses, and Description
of the Area Affected by the Amendment
(35 III. Adm. Code Section
102.210(b))
As described more fullybelow, the character ofthe area is industrial and the areathat maybe
affected by the proposed amendment is property immediately surrounding the Shop.
The area immediately surrounding the
Shop can be described as primarily heavy industrial.
The Shop, a drop-forge facility, is classified as industrial land use. It is located atthe intersection of
Davis and
Main
Streets
in
the City of Bushnell.
See Attachment A: Bushnell
City Map.
To
the
4
immediate north of the
Shop
is
Vaughan’s real estate
consisting of several
buildings owned by
Vaughan
but
not used in
the drop-forge
operation,
the
Silver Fox Tavern
(a
commercial liquor
establishment catering to thearea’s industrial and business employees), two residential houses, and
the City of Bushnell water
tower
and
water treatment plant.
Immediately
east of the
Shop is
a
parking lot, the Archer Daniels Midland manufacturing facility which manufactures protein, the
Burlington Northern Railroad Office, and theBurlington Northern Railroad.
To theimmediate south
ofthe Shop is a second railroad- Keokuk Junction Railway Company, a vacant residence, a liquor
store,
and
the City of Bushnell’s power plant and
electrical maintenance facility.
Finally,
to
the
immediate west ofthe Shop is
a parking lot
and
to
the southwest
is
mobile homes,
an
FS
Grain
Elevator, and the Norforge Manufacturingfacility (a drop forge facility similar to Vaughan’s Shop).
Elsewhere in the area are different commercial concerns including a lumberyard and a second grain
elevator.
The
predominant
industrial
character
of the
area
creates
heavy
truck traffic
and other
vehicular traffic.
The Burlington Northern Railroad and the Keokuk Junction Railway Company
operate over thirty-five trains through the City of Bushnell, on the tracks immediately adjacent to
Vaughan, every day.
The trains create an abundance ofnoise,
far in excess ofthe noise created by
Vaughan in its Shop.
In addition, the grain elevators contribute a greatamount ofsemi-tractortrailer
noise.
The nature of the Archer
Daniels Midland protein manufacturing
facility contributes
to
additional noise.
See Attachment B: Existing Land Uses.
The closest
residence
to
the
Shop
is
more
than
300
feet
away.
Several
single
family
residences arelocated near the mobile homes to the southwest oftheShop.
However, as Attachment
B indicates, these residences are geographically closer to the Burlington Northern Railroad and the
5
Keokuk Junction Railway Company which
create
substantially greater amounts ofnoise
as that
emitted by the Shop.
At the present time, the Shop is in compliance with the Board’shours ofoperation regulation
found at
35
III.
Adm.
Code
Section
901.121(b).
As
for its
neighbor, Norforge Manufacturing
(formerly C.S. Norcross) currently has a site-specific rule for hours of operation similar to
that of
Vaughan; however the Norforge operation is permitted to use twelvedrop hammers during its hours
ofoperation.
As for the rest ofits industrial neighbors, no applicable numerical noise or hours of
operation limitations exist.
The only area that may be affected by the proposed amendment is the mobile homes
and
residences that are located
southwest of the Shop.
However,
as previously indicated, the mobile
homes and
residences are adjacent to the Burlington Northern Railroad and
the Keokuk Junction
RailwayCompany which operate trains on theirtrack over thrity-five times
a day, twenty-four hours
a day and are thereby exposed to greater amounts ofsound emissions as those that are and may be
emitted by the Shop.
Description of the Shop Site and Operations
(35
III. Adm. Code
Section
102.210(d))
Vaughan
is
the
largest employer
in
City
of Bushnell.
Vaughan
currently
employs
two
hundred thirty people at its Bushnell facility. The Shopitself is a drop-forge facility, created in 1940,
consistingoften drop hammers capable ofproducingup to 2,500 lbs. offorce in the production of
striking tools.
The drop hammers are located in a one-story building that runs east and west ofthe
property.
The building was constructed in
1923
and is composed principally of a structural frame
with brick walls.
The walls are as much as twenty-fourinches thick in some spots.
There areseveral
6
openings on the east and south walls ofthe Shop to permit air to
flow through. The roofofthe Shop
is made entirely ofwood rafters, sheet metal, and tar (for sound dampening purposes).
In addition to
the drop hammers, the Shop houses eleven furnaces that
aid in manufacturing.
The forging process consists of heating carbon or alloy steel in furnaces
to approximately
2350
degrees
Fahrenheit and then forcing the heated pieces between two
dies.
The upper
die is
attached to
a guided ram and the lower die is attached to
the forge.
The metal is shaped through
pressure exerted by the ram or forge hammer, forcingthe work-piece into the impression on the dies.
The sound producedby this process is impulsive and originates primarily from the impact between
the upper and
lower
die
and
the work-piece.
There
is
a
constant flow of materials between the
furnaces and drop hammers.
Vaughan
forges striking tools which include primarily hammers.
The forging process creates a substantial
amount ofheat by way ofthe furnaces and heated
work-pieces.
The furnaces require a
tremendous amount of oxygen and emit
a great deal ofheat.
Consequently, the Shoprequires extensive ventilation which is providedby opening severaldoors to
the outside located throughout the Shop.
This natural
ventilation system
is widely utilized by the
forging industry.
However, noise escapes through these side openings in the Shop.
Demonstration that Compliance with the Current Rule is
Not Economically Reasonable
(35 Ill. Adm.
Code
Section
102.210(b))
At the
time
the Shop was established in
1940,
there did not exist the hours of operation
limitations imposed by the Board today.
Untilthe Board promulgated the Sound Emission Standards
and Limitations for Property Line-Noise-Sources in 1973, Vaughan was permittedto operate its shop
twenty-fourhours a day.
In 1984 Vaughan petitioned theBoard fora Site-Specific Operational Level
and
the Board,
at that
time,
promulgated a
regulation pennitting Vaughan
to
operate ten
drop
7
hammersbetween the hours of 6:00 a.m. and 1:30 p.m. Monday through Saturday.
However, the
reference
to “1:30 p.m.” was a scrivenor’s error
and Vaughan
subsequently,
on
March
17,
2005, requested the Board to correct the error by inserting “1:30 a.m.” in its stead. The matter
is currently before the Board at R03-9.
At the time the Shopwas established, and continuing today, sound emission is a consequence
of the forging
industry.
Although
there have been advances in
technology
in the area of sound
dampening as it relates to the forging
industry,
such changes
in technology have not
adequately
replaced the “natural cooling” system most forging shops currently utilize.
For example,
technology
has created
sound
barriers which
would
be
placed
around
the
openings
about the
Shop with the purpose of dampening or reducing the amount of sound which
escapes the Shop.
However, these sound barriers also have the side effect of reducing the air flow
which creates the “natural cooling” ofthe Shop.
In addition, the amount ofsound actually dampened
orreduced by these sound barriers is minimal when compared with the side effects.
Thus, the sound
barriers are not economically reasonable.
For another example, technology has created an advanced ventilation system which could be
placed in
or around
the furnaces with
the purpose of extracting the heat from the Shop thereby
permitting
the
side
openings
of the building
to be
closed
and
thus
reduce the amount
of sound
emissions.
However, these ventilations
systems cost upwards of $500,000.00
each (at least two
would be needed in the Shop) and would not permit the complete closureofthe side openings ofthe
building
as
fresh air must be permitted to
enter the Shop.
Thus,
the ventilation systems
are not
economically reasonable.
Therefore, although there have been advances in technology in the area ofsounddampening
8
as it relates
to the forging industry,
such changes
in technology have not adequately replaced the
“natural cooling”
system and/or are currently economicallyunreasonable in practical
application.
In
addition
to the lack of economically reasonable technological
advances in
the forging
industry, Vaughan is facing increased competition from striking tool manufacturers who have either
moved their operations to China
(i.e.,
Stanley Tools and Cooper Tools) or areoutsourcinghammers
from Chineseoperations
(i.e.,
TrueValue, Ace Hardware, theHome Depot, Lowes Companies, and
others).
The
increased
competition
is
the
result
of lower
manufacturing
costs
and
greater
manufacturing output in China.
Unlike its
competitors, Vaughan
all
along has focused
its marketing efforts
on “Made in
U.S.A.” which is importantto the professional tradesman whomake a living with thetools as wellas
to consumers who believe in an American madeproduct. Vaughan believes that it can compete with
its Chinese
counterparts but in order to do so Vaughan must expand
its manufacturing output.
Vaughan
needs to
expand its
capacity for increased production to
compete in
the current
market.
The expansion can be accomplished by either investing in additional drop hammers orby
expanding its hours ofoperation.
Just as expanding the hoursofoperation requires an amendment to
the site-specific rule previouslypromulgated by the Board, adding additional drophammers would
similarly require Board approval.
However, the additional capital required forthe drop hammers is
estimated to be about $500,000.00.
It doesnot require any additional capital to operate a third shift.
Likewise, it doesnot require additional capital to outsource forging in China, which is an alternative.
Furthermore, significant economical benefit to the city ofBushnell would be lost ifVaughanwere to
outsource forgings in China as Vaughan is the largest employer in the city ofBushnell.
Thus,
it
is
not
economically reasonable
for Vaughan
to
comply
with
the
current
rule.
9
Technological
advances
in
the
forging
industry
have
not
created
an
economically reasonable
alternative to the “natural cooling” system currently employed by most forging shops.
In addition, to
compete in the current manufacturingmarket, Vaughan must infuse significant amounts ofcapital or
Vaughan
may outsource
its
forgings or Vaughan
may operate
a
third shift to
keep
up
with
the
increased
competition.
It would be more technically feasible for Vaughan to operate the third shift
because the environmental impact ofthe proposed amendment is slight.
Likewise, itwould be more
economically reasonable for Vaughan to
operate a third shift because the capital required for the
alternatives is too
substantial to justif3i the slight benefit the alternatives would
achieve.
Consideration of the Environmental Impact of the Proposed Amendment on
the Affected Area
(34 Ill. Adm.
Code Section
102.210(d))
Although the environmental impact ofthe proposed amendment will not be greater than the
current environmental impact, Vaughan conducted a field sound measurement project to correctly
assess the potential environmental impact. The study demonstrates that the Shop complies with the
applicable Board
Sound Emission Standards and Limitations, and therefore does not now have an
adverse environmental impact on the area.
The study provides information which establishes site-
specific soundpressure levels that are achieved at the Shop when the Shop is fully operating with all
ten drop hammers. The study also provides information which establishes the soundpressure levels
that are achievedaround the Shop when the Shop is shut-down.
Thestudy also provides information
which establishes site-specific sound pressure levels that are achieved at the Shop whenthe Shop is
operating
as proposed by this
amendment.
Finally,
the
study considers
and
compares the
sound
emissions from other industries in the immediate area ofthe Shop.
Thatcomparison demonstrates
10
that
the
other industries in
the area of the
Shop
produce similar
and
even
greater
amounts of
emissions
throughout all hours ofthe day and night.
Sound Level Measurements Under the Current Rule
Vaughan performed a
field sound survey using a Radio Shack Dosimeter (Model 33-2055
with
a frequency response rangeof500 to 10,000 hertz).
Survey measurements quantified thesound
decibel
level from
all
localized sound sources at various locations
and points near the
Shop.
See
Attachment
C: Map of Sound Level Test Areas.
Measurements were made under representative
communityconditions on July
13, 2005 at 11:00 a.m.
The sound levels measured are recordedin the
following table.
Date
Time
Location
—
See Map
NoiseSource
Maximum Noise
Reading
7/13/05
11:00 am
Location
I
—
corner of Barnes &
w.
Main St.
v&n
Shear Building
69dBA
7/13/05
11:00 am
Location 2— corner of Dean &
Barnes St.
NorforgeMfg.
—
Drop
Hammers
57 dBA
7/13/05
11:00
am
Location 4—House west of Silver
Fox Tavern
vaughan & Bushnell
grinding dust collectors
75
dBA
7/13/05
11:00 am
Location 6— in
front of Forging
De~rtrnentnear railroad
vaughan & Bushnell
—
Drop
Hammer
72 dBA
7/13/OS
11:00 am
Location 7—vacanthouse next to
sub station
vaughan & Bushnell
—
Drop
Hammer
64
dBA
7/13/05
11:00am
Location 8— Dean
St next to the
Mobile Home
vaughan & Bushnell
—
Polish Dust Collector
Norforge
-
Drop Hammer
75 dBA
7/13/05
11:00am
Location 9—On sidewalk outside
of Forge Shop
vaughan & Bushnell
—
Drop
Hammers
Over 90 dBA
7/13/05
11:00 am
Location
10
—
Outside of Building
on street next to Norforge
—
Forging Operation
NorforgeDrop Hammers
Over 90 dBA
7/13/05
11:00 am
Location II
—
Train
whistle at the
corner ofDavis & W. Main St.
—
150 ft from railroad
Burlington Northern Train
—
Blowing Whistle
Burlington Northern Train
—
Engine Noise
98 dBA
82
CIBA
Examination ofthe July
13th
field survey results reveals that in many instances, the sourceof
the emission is other than Vaughan.
As previously stated, several other sources in the immediate
area
create
a
substantial
amount
of emissions
far in
excess of those
created
by Vaughan.
The
11
conglomeration ofnoise emissions exist in the City ofBushnell twentyfour hours a day, seven days
a week.
The Archer Daniels Midland manufacturing facilityoperates around the clock, the PS
grain
elevator operates around
the
clock,
and
most of all,
the Burlington
Northern
Railroad
and
the
Keokuk JunctionRailway Companyoperate around theclock.
Theaddition ofa thirdshift, as would
be the result ofthis
proposed amendment, would have only
a minimal impact, if any at all, on the
environment ofthe immediate area surrounding the Shop.
Sound Level Measurements Under the Current Rule
In the Absence of Shop Operations
To provide some clarity and to be certain, on September
1, 2005 Vaughan performed a field
sound surveyduring the middle ofa workday, when areaindustry
was
in hill operation.
However, at
the time tested Vaughan shut downits Shop and its operation.
Theresult is that measurements were
recorded at a period oftime to be covered by the current rule and when Vaughan’s sound emissions
were not present in
or around the tested area.
Survey measurements quantified the sound decibel
level from all localized sound sources at various locations and points nearthe Shop.
SeeAttachment
C.
Vaughan performed the field sound surveyusing a Radio
Shack Dosimeter (Model 33-2055 with
a frequencyresponserange of500 to
10,000 hertz). Measurements were made under representative
communityconditions on September
1, 2005 at 3:00 p.m.
The sound levels measured
are
recorded
in the following table.
Date
Time
Location
-
See Map
Noise Source
Maximum
Noise Reading
9/1/05
3:00
pm
Location
I
-
corner or
Barnes& W. Math St.
Vaughan
-
Shear
74
dRA
9/1/05
3:00
pm
Location 2
-
corner of Dean
&Barnes St.
Norforge
-
Drop Hammers
66 dBA
9/1/05
3:00
pin
Location 3
-
corner of Dean
&Davis St.
Norforge
-
Drop Hammers
73
CIBA
12
9/1/05
3:00
pm
Location 4
-
House west of
SilverFox Tavern
Vaughan
-
Grind Department Dust
Collector
76
dBA
9/1/05
3:00
pm
Location
5
corner of W.
Main & Davis
St.
Vaughan
-
Grind Department Dust
Collector
65
CIBA
9/1/05
3:00
pm
Location 6
-
in front of
Forging Department near
railroad
Vaughan
-
Machines & Dust collectors
and ADM Noise
61
dBA
9/1/05
3:00
pm
Location 7-Vacant
house
next to sub station
Bushnell
-
Power Plant
61
cIBA
9/1/05
3:00
pm
Location 8
-
Dean
St next
to
the
Mobile Home
Vaughan
-
Polish Dept. Dust Collector
and Bushnell Power Plant
72
CIBA
9/1/05
3:00
pm
Location 9
-
On sidewalk
outside of Forge Shop
Vaughan
-
Machines & Dust collectors
77
CIBA
Examination of the September
Pt work day field survey results reveals that
there exists
significant noise within and around the Shop evenwhen the Shop is not operating and is shut down.
As the results indicate, the sound emissions from the Shop arenot the only emissions in the area and
in
fact the Shop adds
very
little
to
the overall
noise in the
area.
Thus, it is likely that Vaughan’s
implementation ofa third shift would be unnoticed by the Bushnell community.
Sound Level Measurements Under the Proposed Amendment
For comparative purposes, on September
1, 2005 Vaughan performed a field sound survey
during the hours of operation proposed by this amendment.
At the time tested (proposed hours of
operation), several ofthe above noises were not present. The result is that
measurements
were taken
at a period of time to be covered or permitted by the proposed amendment and several, but not all,
extraneous noises were excluded.
Surveymeasurements quantifiedthe sound decibellevel from all
localized sound sources at various locations and points nearthe Shop.
See Attachment C.
Vaughan
performed
the field sound survey using a Radio Shack Dosimeter(Model 3 3-2055 with a frequency
response rangeof
500
to
10,000 hertz).
Measurements were made under representative community
conditions on
September
1, 2005
at 5:00
a.m.
The sound levels measured are recorded in
13
the following table.
Date
Time
Location
-
See
Map
Noise Source
Maximum
Noise
Reading
9/1/05
5:00 am
Location
I
-
corner or Barnes
& W. Main St
Vaughan Drop
Hammers
55
CIBA
9/1/05
5:00 am
Location 2
-
corner of Dean &
Barnes St.
FS
Grain Elevator
-
Drying Fan / Motor
53
CIBA
9/1/05
5:00 am
Location 3
-
corner of Dean &
Davis
St.
FS
Grain Elevator
-
Drying Fan / Motor
59
CIBA
9/1/05
5:00 am
Location 4
-
House west of
Silver Fox Tavern
FS
ElevatorDrying
Fan / Motor &
Vaughan Machines (not drop Hammers)
58
CIBA
9/1/05
5:00 am
Location
5
-
corner of W. Main
& Davis St.
Vaughan Drop
Hammers
66
CIBA
9/1/05
5:00 am
Location
6
-
in front of
Forging
Department near railroad
Vaughan Drop Hammers
67
CIBA
9/1/05
5:00 am
Location 7
-
Vacant house
next
to sub station
Vaughan Drop Hammers&
ADM
noise
61
dBA
9/1/05
5:00 am
Location 8
-
Dean
St next to
the Mobile Home
FS
Elevator
-
Drying
Fan/
Motor
62
CIBA
9/1/05
5:00 am
Location 9
-
On sidewalk
outside of Forge Shop
Vaughan Drop Hammers
over 90
CIBA
Examination of these September
1St
field
survey results reveals that Vaughan
can in fact
operate its shop during the proposed hours ofoperation without significant environmental impact.
As theresults indicate, thesound emissions from the Shop maybe withinthe limitations
required
by
the
Board
pursuant
to
35
III.
Adm.
Code
Section
901
et
seq.
at
many locations
in
the
area
surrounding the Shop.
When factoring in theBurlington
Northern
Railroad and the
KeokukJunction
Railway Company,
as
well as the sounds
emitted by the other surrounding industry, Vaughan’s
implementation of a third shift will likely be unnoticed in the Bushnell community.
COMMUNITY SUPPORT OF PROPOSED AMENDMENT
On October 3, 2005, Vaughan provided the Bushnell Economic Development Corporation, a
corporation established to promote the economic
growth
and vitality ofthe Bushnell
community, a
copy ofthis proposal.
Following its review ofthe proposal, the Bushnell Economic Development
14
Corporation resolved to “fullysupport theVaughan & Bushnell Manufacturing Company proposalof
amendment
to
site-specific rule,
said
proposal
being presented
to
the Illinois
Pollution
Control
Board, whereby Vaughan & Bushnell would be allowedto operate
its
forging shop asspecifically
set
forth in said proposal, i.e., for three shifts on a 24 hourper daybasis.”
SeeAttachmentD: Resolution
of Bushnell
Economic
Development
Corporation.
In
its
resolution,
the
Bushnell
Economic
Development Corporation noted the commercial nature ofthe properties surrounding Vaughan (as
indicated above) as well as the greatvalue the granting ofthe proposal would have on the Bushnell
community.
On
October
17,
2005,
Vaughan
provided the
City of Bushnell
a
copy of this
proposal.
Following
its
review of the proposal,
the City of Bushnell, through its
Mayor, resolved
to
fully
support the Vaughan
& Bushnell
Manufacturing
Companyproposal ofamendment to site-specific
rule.
See AttachmentE: Resolution ofCity ofBushnelL
In its resolution,
the City ofBushnell also
noted the commercial nature oftheproperties surroundingVaughan (as indicatedabove) and further
noted that the proposed amendment“will not have any negative impact on the citizensofBushnell.”
PROCEDURAL MATTERS IN
SUPPORT
OF PROPOSAL
Synopsis of Testimony to be Presented at Hearing
(35
ill. Adm. Code Section
102.202(c))
Vaughan will introduce several individuals to testi& in support ofthe facts set forth in this
proposed
amendment
to a site-specific rule and the requestedrelief.
Those withesses will testifS’ and
be available for questions about the followingtopics:
1.
William Mourning, Process Development Engineer, Vaughan & Bushnell Manufacturing
Company,
will testi& regarding the current noise reduction technology in place and its
15
cost
as well as the cost ofthe new technology.
2.
Dan Chambers,
Director of Quality Assurance, Vaughan
&
Bushnell
Manufacturing
Company, will testi&
regarding the Shop’s
operation;
the community impact of the
current rule; the economic impactoftheproposed amendmentto
a site-specificrule; and.
the community impact ofthe proposed amendment to a site-specific rule.
3.
Mike
Havens,
Manufacturing
Technician,
Vaughan
&
Bushnell
Manufacturing
Company, will testi&
regarding the current noise
reduction
technology
in
place; the
sound level surveys; and the technical feasibility of the current rule.
Statement of Most Recent Version of Rule
(35 Ill.
Adm. Code Section
102.202(i))
To
the best of Vaughan’s knowledge, the proposed amendment amends the
most
recent
version ofthe rule as published on the Board’s web site and as maintained by the Clerk.
However,
as indicated above, the Board is currently considering the scrivenor’s error in recording the
current version of Section 901.121
in Title 35 of the Illinois AdministrativeCode.
Consistency with Federal Law
(35 Ill. Adm. Code Section
102.210(e))
There
are
no
federal
limitations
on
the
Boards’
adoption
of the
proposed
amendment.
Therefore, such a demonstration is not applicable to this
proposal.
Attachments to Proposal
The followingattachments are included by Vaughan in support ofthe
amendment
to the site-
specific rule, and
are
herebymade a
part
ofthis proposal:
16
Attachment A:
Bushnell City Map
Attachment B:
Map ofExisting
Land Uses
Attachment
C:
Map of Sound Level
Test Areas
Attachment
D:
Resolution ofBushnell Economic DevelopmentCorporation
Attachment E:
Resolution of City ofBushnell
Proposal Signature Requirement
(45 ILCS 5/28 and 35
Ill. Adm. Code
Section 102-202(g))
In a separate Motion filed simultaneouslywith this Proposal, Vaughan respectfully requests
that the Board waive the signature requirementapplicable to proposals ofamendment to site-specific
rules.
WHEREFORE, Vaughan respectfully requests that theBoard adopt theproposed amendment
as proposed and supported by this proposal.
Respectfully submitted,
VAUGHAN
&
BUSHNELL
MANUFACTURING
COMPANY
By:
~
fri
JeremyACl. Pelphrey
Jeremy M. Pelphrey
DAVTS & CAMPBELL L.L.C.
Attorneys for
Vaughan
& Bushnell
Manufacturing Company
401
Main Street, Suite
1600
Peoria, Illinois 61602
Tel:
(309) 673-1681
Fax:
(309) 673-1690
jmyelnhrev(ä~dcamnlaw.com
JWO5-354
17
Exhibit
A
Bushnell,
Illinois,
United
States
.7
I,
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Cwada~
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rI~1s
resaved
0.6
Exhibit
B
—
—
=wEi
v.4~.
t
aia~
j
Vaughan
&
Bushnell
Mfg.
-
Main
Plan
L~.
I
4-_a
—
—
—,~-
—4-—.——
V*iat.aIt
Uriregi
stg_
~
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aea
ur
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Exhibit
C
~1t
F’-—C
Va(4_I
&
&Sntt
Property
aid
a,I~
-
Main
Plant
Page
Shop
flr,p
Hammer
Operation
E~Isvcña.
S
aelyrel
Sa
Prose
ad-a’-——
~
w+E
p.wmsfl
i_u~fl
PS&I9
itt
L.
Exhibit
D
Oct. ~1.2005 11:23AM
Vauthan
& Bushnell
Mtg
Co
No. 9157
P.
3
RESOLUTION
IN
SUPPORT
or
VAUGHAN & BUSHNELL MANUFACTURING COMPANY
AMENDMENT TO SITE-SPECIFIC
RULE
WHEREAS the Bushnell Economic
Development Corporation has been
established
to promote the economic growth and vitality of the community of
Bushnell,
Illinois,
and
its environs; and
WHEREAS, a
central
goal of the Bushnell Economic Development
Corporation
is the retention and
growth
of BuShnell’s existing businesses,
and
particularly its manufacturing businesses;
and
WHEREAS. Vaughan & Bushnell Manufacturing Company Is the largest
employer in the City of Bushnell,
and
is
crucial to the
economic well being of
the_City
of Bushnell and its citizens;
NOW
THEREFORE, the
Bushnell Economic Development Corporation
hereby resolves as follows:
eThe corporation
fully supports the Vaughan
& Bushnell
Manufacturing Company proposal of amendment to site-
specific
rule,
said proposal being presented to the Illinois
Pollution
Control Board, whereby
Vaughan
&Bushnell
would
be allowed
to operate its forging
shop as
specifically set forth in
said proposal, i.e., for three shifts
on a 24 hour per day basis?
By supporting said proposal, the Bushnell Economic Development
Corporation believesthat the addition ofemployment
opportunities
to the community
by the granting ofsaid
proposal will be ofgreat value to the community and will allow
OCT—11—2005
11:23
309 772 9211
97~
P.03
No.
9157
P.
4
OcL
1.
2Q05
iU23AM
Vaughan
&
Bushnell
Mfg
Co
Vaughan
& Bushnell to grow and compete in the present day woild
markets,
and
thus retain their manufacturing facility
In
the City ofBushnell.
FURTHER, the Bushnell Economic Development Corporation recognizes the
commercial
nature of the properties surrounding Vaughan & Bushnell,
and further
recognizes the unique mix of industry and railroads that are located in the
heartof
Bushnell,
Illinois.
THEREFORE, the
Resolution as set forth above is adopted this 3~
day of
October, 2005, by the directors of the Bushnell Economic Development
Corporation,
being President Stephen Holland, Secretary and
Director
Michael
13.
Steelman,
Director Mark
Rauschert, and
Director Donald Swartzbaugh, at its meeting held
in
Bushnell,
Illinois on October 3, 2005.
—‘StepheS.
Holland, President
OCT—11—2gg5
1123
309 772 9211
97Z
P.04
Exhibit
E
BUSHNELL CITY
HALL
138
F,. HAll, STREET
BUSHNELL ILLINOIS
Phone (309) 772-2521
Fax (309)
772-9981
E-Mail
city(l~bushnell.nct
Stne
Russell. Mayor
Dan
Corlelyou, City Treasurer
Donna Coasts, City
Clerk
Steve Holland,
Cliv
Attorney
CITY OF BUSHNELL,
ILLINOIS
RESOLUTION
IN SUPPORT OF
VAUGHAN & BUSHNELL MANUFACTURING
COMPANY
PROPOSED AMENDMENT
TO
SITE-SPECIFIC RULE
WHEREAS,
Vaughan & Bushnell
Manufacturing Company has
been a long time employer in
the
City
of Bushnell, Illinois, and
WHEREAS, Vaughan & Bushnell Manufacturing Company
has submitted
a proposal with the
Illinois Pollution Control Board,
requesting that Vaughan & Bushnell be allowed to operate
its
forging
shop for three shifts on a 24-hour
per
day basis, and
WHEREAS,
to
compete
in
today’s
global
economy
producing
American
made
products,
Vaughan & Bushnell needs to expand
its
manufacturing output, and
WHEREAS,
significant economical benefit to the City of Bushnell would be lost
if Vaughan &
Bushnell Manufacturing
Company were to out source forgings overseasas Vaughan & Bushnell is the
largest employer in the
City of Bushnell.
NOW THEREFORE, the Mayor and City Council of the
City
ofBushnell, Illinois herebyresolve
as follows:
“The City of Bushnell,
Illinois
fully
supports the
Vaughan & Bushnell Manufacturing
Company Proposal of Amendment to Site-Specific Rule, said proposal being presented
to
the
Illinois
Pollution Control
Board,
whereby
Vaughan & Bushnell Manufacturing
Company would be
allowed to operate
its
forging shop
as specifically
set forth
in
-said
proposal,
i.e., for three shifts on a 24-hour per day basis.”
BUSHNELL CITY
hALL
138
F.. IIAII. STREF’i
BUSHNELL ILLINOIS
Phone (309) 772-2521
Fax
(309) 772-9081
E-Mail citycitushaclinet
Steve
Russell, Mayor
Dan Cortelsou. City
Treasurer
Donna Coates,
City Clerk
Steve Ilolland.
(‘ity
Attorney
By supporting
said proposal,
the City of Bushnell, Illinois believes that
the addition
of employment
opportunities
to the community by the granting of said proposal will be
of great value to the City of
Bushnell, Illinois and will allow Vaughan &
Bushnell Manufacturing Company to grow and compete
in today’s global economy. and thus retain their manufacturing facility in the City of Bushnell. Illinois.
FURTHER,
the City of
Bushnell,
Illinois
recognizes the
commercial
nature
of the
properties
surrounding
Vaughan & Bushnell Manufacturing Company and further recognizes the unique
mix of
industry and railroads that are located in the vicinity of Vaughan & Bushnell Manufacturing Company
and
believes that the approval
of
the proposed
Amendment to Site-Specific
Rule will not
have
any
negative impact on the
citizens of Bushnell,
Illinois.
THEREFORE, the Resolution as set forth above
is adopted
this
17th
day of October,
2005 by
the
Mayor and
City Council
of the City of
Bushnell,
Illinois
at
its
regular meeting
held in
Bushnell,
Illinois on October 17, 2005.
CITY
OF BUSHNELL,
ILLINOIS
By:
S
Steve Russell,
its
Mayor
-
ATTEST
By:___________________
Donna
Coates,
its City Clerk
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
4
OcT
202005
PROPOSAL OF VAUGHAN & BUSHNELL
)
R2OQ5’-
STATE OF SILINOS
MANUFACTURING COMPANY OF
)
POllution Controg eoa
AMENDMENT
TO A SITE-SPECIFIC RULE
)
35
ILL
ADM.
CODE 901.121
)
MOTION FOR EXPEDITED
CONSIDERATION
Vaughan
& Bushnell Manufacturing Company (“Vaughan”), by
and through its attorneys,
Davis & Campbell L.L.C. respectflñly requests that the
Illinois
Pollution
Control Board (“Board”)
consider
this
Proposal of Amendment to a Site-Specific
Rule on an
expedited
basis.
In
support
of
this motion,
Vaughan provides:
1.
Vaughan
is
the
world leader
in
the
manufacture
of striking tools.
Vaughan owns
and
operates a forging shop (“Shop”)
in
the city
of
Bushnell,Illinois.
The Shop
is
the subject
of
the Proposal
of
Amendment
to
a Site-Specific Rule filed by Vaughan in this matter
(“Proposal”).
2.
The Shop
is currently in
compliance with the applicable Site-Specific Rule found at 35
Ill.
Adm.
Code
Section 901.121.
3.
Vaughan
is
facing increased
competition
from
its
competitors who have moved their
operations
overseas
at
a
lower
production cost
and
with
relaxed
noise
and
hours of
operation limitations.
4.
Due to the increased competition and the limited hours ofoperation imposed on Vaughan
pursuant to 35 Ill. Adm.
Code Section 901.121, Vaughan believes that it maynot be able
to
maintain
its
current status
as the leader
in
the manufacture of striking tools.
To
maintain its competitive advantage, Vaughan may: operate a third shift
(i.e.,
a change in
the hours ofoperation), outsource its forging operation to China, or purchase additional
equipment to assist
in the forging operation.
However, as provided in the Proposal, the
latter option
is
not
economically reasonable
and
outsourcing
its
forging
operation
to
China would
have a detrimental impact on the Bushnell community.
5.
Due to theproposed change in its hours ofoperation, Vaughan believes that it willnot be
able to comply
with the Board’s limitation on the hours ofoperation set forth in 35
Ill.
Adm.
Code Section 901.121(b).
6.
Vaughan seeks to have theproposed
amendment
to a site-specific ruleadoptedas soon as
possible to insure compliance with state law.
7.
Vaughan requests that the Board proceed to First Notice under the Illinois Administrative
Procedure Act
by
adopting
the
language
proposed
in
Vaughan’s
Proposal
only
for
purposes of First Notice.
8.
Vaughan also requests that the requisite public hearing be scheduled as soon as possible
in accordancewith Section 28(a) ofthe Environmental Protection Act, 415 ILCS 5/28(a),
and that such a hearing serve also as thehearing that maybe required during First Notice
under Section
5-40(b) of the Illinois Administrative Act,
5
ILCS
100/5-40(b).
9.
Vaughan believes that the informationnecessary for theBoard to proceed to First Notice
ofthis amendment and schedule a public hearingis contained in Vaughan’s Proposal.
If
more information is needed, Vaughan will fully cooperate to expeditiously provide the
same to
the Board and its hearing officer.
WHEREFORE, Vaughan respectfullyrequests that the Board grantthis motion and expedite
consideration ofthis amendment to a site-specific rule by setting this matterforhearing and adopting
the
proposed amendment to a site-specific
rule
for First Notice as soon as possible.
Dated Octoberjj,
2005.
Respectfully submitted,
41
Jeremy M. ~elphrey
Jeremy M. Pelphrey
DAVIS & CAMPBELL L.L.C.
Attorneys for
VAUGHAN
&
BUSIINELL
MANUFACTURING COMPANY
401
Main
Street, Suite
1600
Peoria, Illinois 61602
Tel: (309) 673-1681
Fax:
(309) 673-1690
impelphrey@dcamiMaw.com
BEFORE THE ILLINOIS
POLLUTION CONTROL
oci
202005
IN THE MATTER OF:
)
,
—V
STATE OF
ILLINOIS
)
Pollution Control Board
PROPOSAL OF
VAUGHAN
&
BUSHNELL
)
R200,V
MANUFACTURING COMPANY
OF
)
AMENDMENT TO A SITE-SPECIFIC RULE
)
35 ILL ADM. CODE 901.121
)
MOTION TO WAIVE REQUIREMENT
TO
SUBMIT
290 SIGNATURES
Now comes Vaughan & Bushnell Manufacturing Company (“Vaughan”),by and through its
attorneys, Davis & Campbell L.L.C. and requests that theIllinois Pollution Control Board (“Board”)
waive
the
requirement
under 45 1LCS
5/28 and 35 Ill. Adm. Code Section 102.202(g) to submit 200
signatures
with
its
Proposal of Amendment
to
a
Site-Specific Rule.
In support hereof, Vaughan
states:
1.
Vaughan
owns
and operates a forging shop located at the intersection ofDavis and
Main
Streets in the City ofBushnell, Illinois for which it seeks an amendment to a
site-specific rule prohibiting the operation of its drop hammers during the hours of
1:30 am. and 6:00
a.m.
2.
The Board has waived signature requirements
for site-specific matters
in the past,
including
recently,
In re Proposed Site Spec(fic Regulation Applicable to
Ameren
EnergyGenerating Company, For Site SpecificNoise Emission Limitationsunder 35
Ill. Adm. Code Part 901,
R04-11; In the matterof Petition of Central Illinois Light
Companyfor a Site Spec~Ic
Air Rule: 35111. Adm. Code 214.141, R02-21;
and
In the
Matter of
Petition of the
City
of Efjingham,
Blue Beacon International Inc.
and
Truckomat Corporationfor a Site Specific Water Pollution Regulation: 35111. Adm.
Code 304.1 05,
R03-11.
3.
Vaughan
asks
that
the Board
exercise
its
discretion
and
waive the
200
signature
requirement, as it has done in the past for others.
Wherefore, Vaughan,
through its
attorneys, respectfully requests that the Board waive the
requirement to submit 200 signatures in support of this Proposal of Amendment to
a Site-Specific
Rule.
Respectfully submitted,
VAUGHAN
&
BUSHNELL
MANUFACTURING
COMPANY
Dated October
2005
Jeremy M. Pelplirey
DAVIS & CAMPBELL L.L.C.
Attorneys
for VAUGHAN
&
BUSHNELL
MANUFACTURING COMPANY
401
Main Street, Suite
1600
Peoria, Illinois 61602
Tel:
(309) 673-1681
Fax:
(309) 673-1690
corn
j~QO5-35S
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
(~~O(L
R2005--
)
)
)
RECEIVED
CLERK’S OFFICE
CERTIFICATE OF SERVICE
The undersigned certifies that
he served
a copy of the Proposal of Amendment to
a
Site-
Specific Rule, Motion for Expedited Consideration, and a Motion to Waive Requirement to Submit
200 Signaturesin the above matter upon the following attorneys by depositing a copyofthe same in
an envelope addressed as follows:
Clerk ofthe Illinois Pollution Control Board
100W.
Randolph Street, Suite
11-500
Chicago, Illinois 60601
Office ofLegal Services
Chief, Legal Division
Illinois Department ofNatural Resources
524 South Second
Street
Springfield, Illinois 62701
Division ChiefofEnvironmental Enforcements
Office ofAttorney General
188 W.
Randolph Street, ~
Floor
Chicago, Illinois 60601
Division
of
Legal
Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Post Office Box
19276
Springfield, Illinois 62794
and by depositing the enygj9pe in the United States mail
with first-class postage fully prepaid in
Peoria, Illinois on this
/‘7
~j’1
day of October, 2005.
Jeremy M. Pelphrey
DAVIS &
CAMPBELL
L.L.C.
Attorneys for VAUGHAN &
BUSHNELL
MANUFACTURING COMPANY
401
Main Street, Suite
1600
Peoria, Illinois
61602
Tel:
(309) 673-1681
Fax:
(309) 673-1690
impelphrev~Wdcamplaw.com
1JM~i~1
f~/~t~
Jeremy M. P$phrey
IN THE MATTER OF:
)
PROPOSAL OF VAUGHAN & BUSHNELL
MANUFACTURING COMPANY OF
AMENDMENT
TO A SITE-SPECIFIC RULE
35
ILL ADM. CODE 901.12
1
OCT 202005
STATEOF ILLINOIS
Pollution Control
Board
