ORIGINAL
RECEIVED
FEB 1 4 2006
IN THE MATTER OF :
)
STATE OF ILLINOIS
Pollution Control Board
PROPOSAL OF VAUGHAN & BUSHNELL
)
R06-11
MANUFACTURING COMPANY OF
) (Rulemaking - Noise)
AMENDMENT TO A SITE-SPECIFIC RULE)
35 ILL. ADM. CODE 901.121
)
NOTICE OF HEARING
DATE, TIME, AND PLACE
:
MARCH 7, 2006
10:00 A.M .
CITY HALL
138 HAIL STREET
BUSHNELL, ILLINOIS 61422
ILLINOIS POLLUTION CONTROL BOARD
February 8, 2006
-.Merit
and Economic
Thomas E:' Johnson
PURPOSE-OFHEARING :
ATTENDING BOARD MEMBERS : :
HEARING OFFICER:
John Knittle
HEARING OFFICER ORDER
Background
On October 20, 2005, the Board received a rulemaking proposal submitted by Vaughan &
Bushnell Manufacturing Company (V&B) that seeks a site-specific rule amending a previously
promulgated site-specific noise rule that would extend the allowable operational levels of its
forging facility located at the intersection of Davis and Main Streets, Bushnell in McDonough
County. The Board accepted the proposal for hearing on December 1, 2005
.
V&B manufactures striking tools, and owns and operates a forging shop built in 1940 in
Bushnell (facility). Pet. at 1,6. 'The:facility consists often drop
haMnlcis
:capable of producing
up to 2,500 lbs. of force in the production of striking tools
.
Pet at 1. The facility is V&B's
primaryproduction
:
facility,
and is located in an area of Bushnell'.that
is:prilnarily
industrial. Pet .
at 1-2. V&B is the largest employer in Bushnell, currently employing two hundred and thirty
people. Pet. at 6
.
In compliance with the Americans with Disabilities Act and other applicable federal and State laws. the hearing will be accessible to individuals with
disabilities. Persons requiring auxiliary aids and services should contact Dorothy Gunn, Clerk of the Board, at 100 West Randolph St
., Suite 11-500,
Chicago, Illinois 60601, at telephone number 312/814-6931, fax number 312/814-3669, or TDD number 312/814-6032, five days prior to the
hearing.
2
V&B asserts that currently the land uses in the immediate area, in addition to industrial,
are agricultural, residential, rail transportation and vacant land . Pet. at 2. V&B asserts that
because the facility has received a site-specific rule with regard to sound emissions, the Board's
noise regulation have generally not been applicable .
Id
.
V&B contends that it is seeking an
amendment to the previously promulgated rule that will establish a twenty-four hour period of
operation .
Id.
V&B proposes that the site-specific rule amend the current rule at 35 Ill . Adm.
Code 901 .121. Pet. at 2-3 .
Hearing
Persons wishing to testify at the hearing must prefile the testimony and any related
exhibits with the Board and serve the hearing officer and all persons on the service list no later
than February 14, 2006 . Persons may receive a copy of the service list by contacting the hearing
officer or Nancy Miller at (217) 278-3109 .
The parties are directed to participate in a final pre-hearing telephone status conference
on Thursday, March 2, 2006 at 10 :00 a.m. The petitioner shall initiate the call .
At that time, the
parties must be prepared to disclose witnesses for the hearing, and address any final pre-hearing
issues .
This hearing will also be held to fulfill the requirements of Section 27(b) of the
Environmental Protection Act (Act). 415 ILCS 5/27(b) (2004)
.
Section 27(b) of the Act requires
the Board to request DCEO (formerly Department of Commerce and Community Affairs) to
conduct an economic impact study (EcIS) on certain proposed rules prior to adoption of those
rules. If DCEO chooses to conduct the EcIS, they have 30 to 45 days after such request to
produce a study of the economic impact of the proposed rules
. The Board must then make the
EcIS, or DCEO's explanation for not conducting the study, available to the public at least 20
days before a public hearing on the economic impact of the proposed rules .
On January 24, 2006, the Board requested that DCEO conduct an economic impact study
for the above-referenced rulemakings. In a letter dated April 17, 2003, DCEO stated that it does
not have the financial resources to perform such analysess orr contract a private vendor for their
completion. DCEO offered the April 17, 2003 letter as its formal response to all current and
future proposed Board rulemakings and DCEO's statutory obligation to perform an ECIS . Both
letters are available for review at the Board's Chicago Office, James R Thompson Center,
100
West Randolph, Suite 11-500, Chicago, Illinois .
IT IS SO ORDERED .
i
. ;il!
ll,u it,-
1 5 H C
Q,
3
3
hn Knittle
Hearing Officer
Illinois Pollution Control Board
2125
South First Street
Champaign, Illinois
61820
(217) 278-3111
Mark Gurnik
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Jeremy M. Pelphrey
Davis & Campbell, L.L.C .
401 Main Street,
Suite 1600
Peoria, Illinois 61602
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph.St.,,
.
Suite. 11=500
:
Chicago;-Illinois 60601
CERTIFICATION OF SERVICE
It is hereby certified that a true copy of the foregoing order was mailed, first class,
to each of the following on February 8, 2006
:
Matthew J. Dunn
Division Chief of Environmental
Enforcement
Office of the Attorney General
100 West Randolph Street, 12t
h
Floor
Chicago, Illinois 60601
William Richardson
Chief Legal Counsel
Illinois Department of Natural Resources
524 South Second Street
Springfield, Illinois 62701
i
John Knittle
;Hearing Officer
l Illinois Pollution Control Board
