1
     
     
    1 ILLINOIS POLLUTION CONTROL BOARD
     
    2 MARCH 7, 2006
     
    3
     
    4 IN THE MATTER OF: )
    )
    5 PROPOSAL OF VAUGHAN & BUSHNELL )
    MANUFACTURING COMPANY OF ) R06-11
    6 AMENDMENT TO A SITE-SPECIFIC )
    RULE 35 ILL. ADM. CODE 901.121 )
    7
     
    8
     
    9
     
    10 TRANSCRIPT OF PROCEEDINGS held in the
     
    11 hearing of the above-entitled matter, taken
     
    12 stenographically by Maria E. Shockey, CSR, before
     
    13 JOHN KNITTLE, Hearing Officer, at Bushnell City
     
    14 Hall, 138 E. Hail Street, Bushnell, Illinois, on the
     
    15 7th day of March, A.D., 2006, scheduled to
     
    16 commencing at 10:00 a.m.
     
    17
     
    18
     
    19
     
    20
     
    21
     
    22
     
    23
     
    24
     
     
     
     
     

    L.A. REPORTING (312) 419-9292
     
     
     
    2
     
     
    1 A P P E A R A N C E S:
     
    2
    ILLINOIS POLLUTION CONTROL BOARD
    3 2125 South First Street
    Champaign, Illinois 61820
    4 (217) 278-3111
    BY: MR. JOHN KNITTLE, HEARING OFFICER
    5 MR. THOMAS E. JOHNSON
    MR. G. TANNER GIRARD
    6 MR. ANAND RAO
     
    7
    DAVIS & CAMPBELL, L.L.C.,
    8 401 Main Street
    Suite 1600
    9 Peoria, Illinois 61602-1241
    (309) 673-1681
    10 BY: MR. JEREMY M. PELPHREY
     
    11
    Appeared on behalf of the Vaughan &
    12 Bushnell;
     
    13
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    14 1021 North Grand Avenue East
    P.O. Box 19276
    15 Springfield, Illinois 62794-9276
    (217) 782-5544
    16 BY: MR. MARK V. GURNIK
     
    17
    Appeared on behalf of the Environmental
    18 Protection Agency.
     
    19
     
    20
     
    21
     
    22
     
    23
     
    24
     
     
     

     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    3
     
     
    1 HEARING OFFICER KNITTLE: We're on the
     
    2 record. My name is John Knittle. I'm the
     
    3 hearing officer for this matter, which is
     
    4 entitled R06-11 in the matter of Proposal
     
    5 of Vaughan & Bushnell Manufacturing Company
     
    6 of amendment to site a specific rule found
     
    7 at 35 Illinois Administrative Code, 901.121.
     
    8 We have board personnel present
     
    9 with us today. I, as I said, am John
     
    10 Knittle. We have a member of our technical
     
    11 unit, Anand Rao. We have two board members,
     
    12 Chairman Girard and Board Member Tom Johnson,
     
    13 who is the assigned board member presiding
     
    14 over this case.
     
    15 Tom, do you have any comments you
     
    16 want to make before we get started?
     
    17 MR. JOHNSON: I will briefly, and I
     
    18 don't want to stand up and face the bulk of
     
    19 you. I want to, first of all, thank you all
     
    20 for coming and let you know how much we
     
    21 appreciate your willingness to be here. It's
     
    22 always easier to let somebody else do it.
     
    23 But it's through these public
     
    24 hearings that we're able to fill in gaps that
     

     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    4
     
     
    1 we might have in the record to answer our
     
    2 questions and most importantly, I think, to
     
    3 get a feel for the community and the people.
     
    4 It's also important because it
     
    5 provides a forum for folks who might not know
     
    6 anything about prefiled testimony, but will
     
    7 be affected by the decisions we make. So
     
    8 with that I assure you that the Board will
     
    9 give this careful consideration and we will
     
    10 attempt to get it done in as quick a manner
     
    11 as possible. Thanks.
     
    12 HEARING OFFICER KNITTLE: Thank you,
     
    13 Board Member Johnson.
     
    14 Chairman Girard, do you have
     
    15 anything you wanted to add?
     
    16 CHAIRMAN GIRARD: Just to say that I
     
    17 think Member Johnson said it well. I'm very
     
    18 pleased to see such a good turnout. It's
     
    19 great to see so many come out to a public
     
    20 hearing and take time off from work and so
     
    21 we're pleased with that and we look forward
     
    22 to a good hearing today. Thank you.
     
    23 HEARING OFFICER KNITTLE: Thank you,
     

    24 sir.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    5
     
     
    1 We also have, just so everybody
     
    2 knows, this is Mark Gurnik from the Illinois
     
    3 Environmental Protection Agency and I'll give
     
    4 him a chance to speak later, and we have
     
    5 the attorney for petitioner over there,
     
    6 Mr. Jeremy Pelphrey.
     
    7 I'm going to give a little
     
    8 background. You guys probably don't need
     
    9 this, but for the record we want to give a
     
    10 little background on the proposal and the
     
    11 situation. Essentially, the petitioner is
     
    12 seeking a site-specific rule amending a
     
    13 previously Board promulgated site-specific
     
    14 rule.
     
    15 This one would extend the
     
    16 allowable operation levels of its forging
     
    17 facility, which, as you know, is located at
     
    18 the intersection of Davis and Main Streets
     
    19 between Bushnell and McDonough County.
     
    20 The company asserts that because
     
    21 the facility has received a site-specific
     
    22 rule with regard to sound emissions, the
     

    23 noise regulations have not generally been
     
    24 applicable in the past and may contend that
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    6
     
     
    1 it's seeking an amendment to the previously
     
    2 promulgated rule to establish a 24-hour
     
    3 period of operation, and Vaughan & Bushnell
     
    4 proposes the site-specific rule amended the
     
    5 current rules -- the current rule found, as I
     
    6 said, 35 Illinois Administrative Code
     
    7 901.121.
     
    8 Just so you know, we have
     
    9 procedurally on October 20th of 2005, the
     
    10 petition was filed. The Board accepted the
     
    11 petition on December 1st. In that order, we
     
    12 also granted petitioner's motion to waive a
     
    13 signature requirement and directed Vaughan &
     
    14 Bushnell to address Section 102.210(c), which
     
    15 is the public study requirement in writing.
     
    16 They have done that and they did
     
    17 that on January 27th, and on February 15th
     
    18 the petitioner filed some prefiled testimony
     
    19 and that's going to be essentially what we
     
    20 hear today.
     
    21 On January 24th, the Board
     

    22 requested that the Department of Commerce and
     
    23 Economic Opportunity conduct an economic
     
    24 impact study for rulemaking. We haven't
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    7
     
     
    1 received a response yet, so we're going to be
     
    2 holding off on that portion of the hearing.
     
    3 Just so everybody knows, the
     
    4 Department of Commerce and Economic
     
    5 Opportunity has to file -- we have to ask
     
    6 them to conduct a study on any state
     
    7 rulemaking and they're supposed to conduct an
     
    8 economic impact study to show how it's going
     
    9 to impact the state economic essentially or
     
    10 they have to provide a response saying that
     
    11 they're not going to do that.
     
    12 They generally don't provide these
     
    13 studies. Either way we have to wait for
     
    14 their response and allow members of the
     
    15 public to take a look at it and have a
     
    16 hearing on that. So we have to have that in
     
    17 the record 20 days before the hearing; that
     
    18 didn't happen, so we're going to have another
     
    19 hearing in this matter strictly on that issue
     
    20 in Springfield. It won't be any of the
     

    21 substantive issues that we're going to talk
     
    22 about today.
     
    23 MR. JOHNSON: And it will be
     
    24 ten minutes more than likely, so --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    8
     
     
    1 HEARING OFFICER KNITTLE: Assuming
     
    2 that nobody shows up and wants to comment on
     
    3 the --
     
    4 MR. JOHNSON: Yeah, I'd hate to see
     
    5 this room pack up and head there expecting to
     
    6 see anything other than that.
     
    7 HEARING OFFICER KNITTLE: As I said,
     
    8 it's strictly on the study that the
     
    9 Department of Commerce and Economic
     
    10 Opportunity will or will not perform. And
     
    11 correct me if I'm wrong, gentleman, but I
     
    12 don't think we've seen a study in the last
     
    13 four or five years, so --
     
    14 CHAIRMAN GIRARD: I think that's
     
    15 correct.
     
    16 HEARING OFFICER KNITTLE: So I
     
    17 wouldn't anticipate any study for this
     
    18 rulemaking either.
     
    19 All board proceedings have notice
     

    20 and service lists. Those on the notice list
     
    21 receive only board opinions and orders and
     
    22 hearing officer orders and those on the
     
    23 service lists will receive documents, plus
     
    24 some other filings like public comments.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    9
     
     
    1 These lists are updated throughout
     
    2 the course of the proceeding, and if anybody
     
    3 here wants to be put on either list, please
     
    4 contact me at one of the breaks or after the
     
    5 hearing and I'll get your information and
     
    6 we'll make sure you get on that list.
     
    7 Besides the witnesses that
     
    8 Mr. Pelphrey is going to put on, if anybody
     
    9 wishes to talk today or testify today, let me
     
    10 know and we'll take your name and your
     
    11 information and we'll swear you in -- the
     
    12 court reporter will swear you in and we'll
     
    13 proceed with that testimony after Jeremy is
     
    14 done with his witnesses.
     
    15 We're also going to set a written
     
    16 public comment period after the hearing, so
     
    17 if anybody has any public comments and you
     
    18 don't feel comfortable for whatever reason or
     

    19 don't want to testify today, you'll have the
     
    20 opportunity to send that in to the Board's
     
    21 offices in Chicago and the Board will listen
     
    22 to that and weigh that accordingly.
     
    23 And just so you know, public
     
    24 comments, we always want to see them and
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    10
     
     
    1 we're interested in hearing what they have to
     
    2 say. We don't give them quite as much weight
     
    3 as a comment that you give today with the
     
    4 court reporter because you won't be sworn in
     
    5 if you're filing a public comment. But with
     
    6 that being said, we still consider those and
     
    7 that's an option as well for you.
     
    8 Part 102 of the Board's procedural
     
    9 rules govern this hearing. All information
     
    10 that is relevant, relevant, relevant, and not
     
    11 repetitious or privileged will be admitted.
     
    12 All witnesses will be sworn and subject to
     
    13 cross-examination.
     
    14 After the testimony is complete,
     
    15 like I said, we'll allow the parties, which
     
    16 is Mr. Gurnik and Mr. Pelphrey, to make any
     
    17 closing statements if they would like.
     

    18 Anybody here can ask any question of any
     
    19 witnesses, I would just ask that you do it in
     
    20 an orderly manner. So maybe you can raise
     
    21 your hand and we can all pretend we're back
     
    22 in school and you can let me know and we'll
     
    23 listen to what you have to say and you'll be
     
    24 able to ask questions if you want to.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    11
     
     
    1 The only other thing is if you
     
    2 have any questions, please speak clearly and
     
    3 one at a time so the court reporter can pick
     
    4 you up and I'm sure she'd concur with that,
     
    5 and that's pretty much all I have. I do
     
    6 want to note that any questions that the
     
    7 Board asks of any witnesses is just intended
     
    8 to help build a good record for this
     
    9 rulemaking.
     
    10 We're not trying to give any
     
    11 preconceived notion or bias that we haven't
     
    12 reached any decision yet and the Board is
     
    13 strictly trying to develop a good record so
     
    14 that the remainder of the board, which is not
     
    15 here -- there's two other members of this
     
    16 Board who will be making this decision -- so
     

    17 they have a good transcript and a good record
     
    18 to base their decision on.
     
    19 That's all I have. I want to
     
    20 introduce Mr. Pelphrey. If you can introduce
     
    21 yourself and any other witnesses you have
     
    22 with you today.
     
    23 MR. PELPHREY: Sure.
     
    24 Good morning, members of the
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    12
     
     
    1 Board, members of the public. My name is
     
    2 Jeremy Pelphrey. I'm with the law firm of
     
    3 Davis & Campbell. I'm here on behalf of the
     
    4 Vaughan & Bushnell Manufacturing Company.
     
    5 We're here today to present factual testimony
     
    6 to all of you so that Vaughan & Bushnell may
     
    7 be granted a site-specific regulation or an
     
    8 amendment to their current site-specific
     
    9 regulation or order to operate a third shift
     
    10 and run around the clock 24 hours a day.
     
    11 Today I'm going to present
     
    12 testimony from three individuals primarily
     
    13 and then I'm going to follow that testimony
     
    14 with testimony from several members of the
     
    15 audience. But first off, we're going to
     

    16 present testimony from the director of
     
    17 quality assurance for Vaughan & Bushnell.
     
    18 Dan Chambers is going to testify
     
    19 as to the structure of Vaughan & Bushnell,
     
    20 the structure of the community, of the city
     
    21 of Bushnell, and he's also going to testify
     
    22 as to changes in the demand for production
     
    23 over the past several years and how that's
     
    24 going to impact -- or how that does impact
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    13
     
     
    1 our need for a third shift operation.
     
    2 We're also going to present
     
    3 testimony of the process development engineer
     
    4 at Vaughan & Bushnell, Butch Mourning. He's
     
    5 going to testify as to the current technology
     
    6 that Vaughan & Bushnell has in place in order
     
    7 to suppress noise pollution, how that works
     
    8 as well as any technological advances that
     
    9 may be available in the method of the
     
    10 suppression of noise pollution.
     
    11 Finally, we're going to present
     
    12 testimony of another process engineer at
     
    13 Vaughan & Bushnell, Mike Havens, who
     
    14 conducted a sound level measurement survey in
     

    15 the community surrounding the Vaughan &
     
    16 Bushnell drop forge facility and he's going
     
    17 to describe the survey that he conducted and
     
    18 the audio effect on the community that
     
    19 Vaughan & Bushnell's manufacturing operation
     
    20 has.
     
    21 And as I said, following those
     
    22 three individuals, there's at least six of
     
    23 you in the audience today who will be
     
    24 presenting testimony from your prefiled
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    14
     
     
    1 testimony that you will give more or less the
     
    2 community impact of the Vaughan & Bushnell
     
    3 Manufacturing operation and how it affects
     
    4 you and the community.
     
    5 With that said, I'd like to call
     
    6 my first witness.
     
    7 HEARING OFFICER KNITTLE: And we will
     
    8 definitely let you do that.
     
    9 Mr. Gurnik, do you have anything
     
    10 you want to add?
     
    11 MR. GURNIK: No, we don't have an
     
    12 opening statement.
     
    13 HEARING OFFICER KNITTLE: Please
     

    14 proceed.
     
    15 MR. PELPHREY: With that said, I'd
     
    16 like to call my first witness and that's
     
    17 Dan Chambers, director of quality assurance.
     
    18 HEARING OFFICER KNITTLE: Can you
     
    19 swear him in?
     
    20 (Witness sworn.)
     
    21 MR. CHAMBERS: My name is Dan
     
    22 Chambers. I'm the manager of quality
     
    23 assurance at Vaughan & Bushnell. Vaughan &
     
    24 Bushnell was founded in 1869 by Alexander
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    15
     
     
    1 Vaughan who started in Peoria and then moved
     
    2 to Chicago.
     
    3 The company was incorporated in
     
    4 1892. In 1897, Vaughan began supplying
     
    5 hammers to Sears & Roebuck. Since that time
     
    6 we have more than tripled our plant size by
     
    7 adding on or purchasing other properties. At
     
    8 this facility we produce hammers, hatchets,
     
    9 heavy striking tools, and pry bars.
     
    10 We purchase bar steel and cut it
     
    11 to length. The steel is heated to 2100 to
     
    12 2200 degrees. It's placed in between two
     

    13 dyes and drop-forged to make the shape of the
     
    14 hammer. The drop forge process takes between
     
    15 five to eight blows depending on the size of
     
    16 the drop hammer and the size of the steel.
     
    17 After the forging operation, the
     
    18 hammerheads are taken to the grind department
     
    19 for machining, grinding, and heat treatment.
     
    20 And then after the inspection to the heads,
     
    21 they are taken to the polish department for
     
    22 painting, polishing, and brand-stamping.
     
    23 And then they are taken to the
     
    24 handle and pack department for handle,
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    16
     
     
    1 assembly, labeling, and packaging. Over the
     
    2 years we have tried to modernize some of the
     
    3 processes. We have automated grinding and
     
    4 polishing machines, laser marking machines
     
    5 and robots to polish hammers.
     
    6 In the forge shop, we have added a
     
    7 forging press that can produce twice as many
     
    8 forgings a day as a drop hammer. Right now
     
    9 we are designing as many parts to run on this
     
    10 operation as possible. As of February, we
     
    11 have 263 employees and we need to add at
     

    12 least five more people right now.
     
    13 We are the largest employer in
     
    14 Bushnell, a town of approximately 3300
     
    15 people. We have a gross annual payroll of
     
    16 $8.4 million. We paid the city of Bushnell
     
    17 $137,000,000 last year for water, gas, and
     
    18 electricity. We paid $39,000 last year in
     
    19 property taxes.
     
    20 We have always and will continue
     
    21 to donate money to the community. We give
     
    22 hammers for fundraisers. We have donated to
     
    23 the local swimming pool, recreation programs,
     
    24 and school systems. We are one of only two
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    17
     
     
    1 U.S. hammer manufactures and the world's
     
    2 largest.
     
    3 Right now we produce between
     
    4 13,000 and 15,000 pieces a day. Last year
     
    5 our orders increased by approximately 15
     
    6 percent. This caused or finished good stock
     
    7 to be depleted. So far this year our orders
     
    8 are about the same as last year at this time.
     
    9 When our customers place orders,
     
    10 they expect product to be shipped. We are
     

    11 fined or penalized if we do not ship on time.
     
    12 Sears fines us five percent of the value of
     
    13 the item not shipped. Lowe's and Home Depot,
     
    14 we cannot back-order. We must cancel the
     
    15 item on that shipment.
     
    16 If a particular item is canceled
     
    17 too often, it's dropped from the store.
     
    18 Menards fines us five percent for every item
     
    19 back ordered. True Value fines us
     
    20 five percent of the entire order if something
     
    21 on that order is back ordered. So if we can
     
    22 not fulfill an order, we lose sales and
     
    23 money. If sales go down, then your need to
     
    24 produce goes down and that, in turn, means
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    18
     
     
    1 less jobs.
     
    2 To keep up with demand, we must
     
    3 increase the amount of hammers we produce.
     
    4 Since the forging operation is the first
     
    5 operation, we have to start there. We have
     
    6 ten drop hammers that ran two shifts. To add
     
    7 another drop hammer, we would need to build
     
    8 an additional building. Something like that
     
    9 would be very costly. The most economic way
     

    10 is to run the forge shop three shifts.
     
    11 Since the forge furnaces run at
     
    12 2200 degrees, you can imagine how hot it gets
     
    13 in the summertime. We have a drop off in
     
    14 production in the summer because of the heat.
     
    15 By adding a third shift, we can increase
     
    16 production and not have to increase the
     
    17 workload of our employees.
     
    18 It was determined in November that
     
    19 to meet the demand for our orders we had to
     
    20 add a third shift in the forge shop. We are
     
    21 right now catching up with orders and
     
    22 starting to build some stock. Since we have
     
    23 added the third shift, we have added
     
    24 30 employees.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    19
     
     
    1 We need to be able to continue to
     
    2 do this to retain these jobs and possibly add
     
    3 more. Since we have done this, we have not
     
    4 heard any complaints from any citizens in
     
    5 Bushnell.
     
    6 MR. PELPHREY: Does that complete your
     
    7 testimony, Dan?
     
    8 MR. CHAMBERS: Yes.
     

    9 HEARING OFFICER KNITTLE: Do you have
     
    10 any additional questions, Mr. Pelphrey?
     
    11 MR. PELPHREY: I don't have any
     
    12 additional questions. I do have to add if
     
    13 you would like copies of -- written copies of
     
    14 his testimony, I can provide that to you
     
    15 today or I can follow it up after today with
     
    16 a filing.
     
    17 HEARING OFFICER KNITTLE: Does anybody
     
    18 here have any questions of this witness?
     
    19 MR. JOHNSON: Do you prefer to take
     
    20 questions after you get all your testimony in
     
    21 as a panel or --
     
    22 MR. PELPHREY: Actually, I would
     
    23 prefer individually, but if somebody thinks
     
    24 of a question later on --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    20
     
     
    1 HEARING OFFICER KNITTLE: Yeah. If we
     
    2 have something that he can answer later, he
     
    3 would still be sworn in and able to answer
     
    4 questions.
     
    5 Are you going to stay through the
     
    6 pendency of the hearing?
     
    7 MR. CHAMBERS: Yes.
     

    8 CHAIRMAN GIRARD: Do you want to take
     
    9 questions now?
     
    10 MR. JOHNSON: Yeah, that's fine.
     
    11 CHAIRMAN GIRARD: I have a question.
     
    12 The drop forge shop, according to
     
    13 your proposal here, was founded in 1940.
     
    14 MR. CHAMBERS: That's when it was
     
    15 moved to Bushnell, yes.
     
    16 CHAIRMAN GIRARD: Okay. Did you ever
     
    17 run three shifts any time before these rules
     
    18 were put in place?
     
    19 MR. CHAMBERS: Not to my knowledge.
     
    20 CHAIRMAN GIRARD: Thank you.
     
    21 MR. JOHNSON: Are you running a third
     
    22 shift now?
     
    23 MR. CHAMBERS: Yes.
     
    24 HEARING OFFICER KNITTLE: How long has
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    21
     
     
    1 that been going on?
     
    2 MR. CHAMBERS: Since November of 2005.
     
    3 MR. JOHNSON: Essentially you've
     
    4 increased your production hours by four and a
     
    5 half hours because your previous
     
    6 site-specific rule allowed you to be in
     

    7 production from 6:00 a.m. until 1:30 in the
     
    8 morning?
     
    9 MR. CHAMBERS: Yes.
     
    10 MR. JOHNSON: And what kind of
     
    11 increase in production has it enabled you to
     
    12 achieve?
     
    13 MR. CHAMBERS: Like I said, last year
     
    14 our orders increased by 15 percent and when
     
    15 we got to the last quarter of the year our
     
    16 stock had been depleted, so we had to do
     
    17 something. So by doing this, we were -- that
     
    18 enabled us to meet orders, meet demand and we
     
    19 are just now starting to build stock back.
     
    20 So as far as the percentage, I
     
    21 would have to say it's probably close to
     
    22 15 percent.
     
    23 MR. RAO: And as a follow-up to that,
     
    24 when you talk about increase in 15 percent,
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    22
     
     
    1 are you talking about -- you know, you
     
    2 mentioned that per day production is like
     
    3 10,000 to 15,000 hampers, so --
     
    4 MR. CHAMBERS: Between 13,000 and
     
    5 15,000 a day is what we produce right now.
     

    6 MR. RAO: And before this third shift
     
    7 it was 15 percent lower than this range?
     
    8 MR. CHAMBERS: Yes.
     
    9 HEARING OFFICER KNITTLE: Off the
     
    10 record.
     
    11 (Whereupon, a discussion
     
    12 was had off the record.)
     
    13 MR. RAO: Also, Mr. Chambers, you
     
    14 mentioned that the other alternative to
     
    15 running a third shift was to add an
     
    16 additional hammer and maybe that may incur,
     
    17 you know, building a new building for that
     
    18 outfit. In the proposal, you know, there was
     
    19 this cost figure that was provided and the
     
    20 cost of an additional hammer would be like
     
    21 $500,000?
     
    22 MR. CHAMBERS: Uh-huh.
     
    23 MR. RAO: Does that --
     
    24 MR. PELPHREY: Just to stop you and
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    23
     
     
    1 correct you, actually $500,000 is the cost of
     
    2 the ventilation system, each one of the
     
    3 ventilation systems.
     
    4 MR. RAO: Actually, that is the cost
     

    5 for hammers too.
     
    6 MR. PELPHREY: Okay. I wanted to
     
    7 clarify that.
     
    8 MR. RAO: We are talking about -- let
     
    9 me see, at Page 9 of the proposal.
     
    10 MR. PELPHREY: Yeah.
     
    11 MR. RAO: So does this $500,000 refer
     
    12 to just the cost of the additional single --
     
    13 you know, additional drop hammer or does it
     
    14 also include the cost of building and
     
    15 everything that goes with it?
     
    16 MR. CHAMBERS: That gets into
     
    17 Mr. Mourning's testimony.
     
    18 MR. RAO: Okay. I was not sure. I'll
     
    19 save that question.
     
    20 MR. PELPHREY: Okay. That's testimony
     
    21 that Mr. Mourning was going to provide.
     
    22 MR. JOHNSON: That's why sometimes
     
    23 these -- you have three experts testifying on
     
    24 three different things. A lot of our
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    24
     
     
    1 questions will probably -- we'll need to have
     
    2 three of them discuss it among themselves.
     
    3 MR. PELPHREY: That's fine.
     

    4 HEARING OFFICER KNITTLE: We can do it
     
    5 this way and then, like I said, we'll have
     
    6 questions at the end and he'll still be sworn
     
    7 in if his specific expertise is needed.
     
    8 CHAIRMAN GIRARD: Well, I have some
     
    9 questions about the hours of operation in the
     
    10 summary. You indicated that because of
     
    11 probably because of ambient temperatures
     
    12 increasing in the afternoon and having these
     
    13 very hot furnaces operating that maybe you
     
    14 aren't able to run two full shifts in the
     
    15 summertime. Can you maybe clarify and --
     
    16 MR. CHAMBERS: A normal shift is
     
    17 eight hours, but because of demand, we ask
     
    18 the people to work ten hours. So we go from
     
    19 6:00 o'clock in the morning until 1:30 in the
     
    20 morning. By going the three shifts, we can
     
    21 have the individuals -- increase the
     
    22 individuals and then we just have them work
     
    23 eight-hour shifts, three eight-hour shifts
     
    24 around the clock.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    25
     
     
    1 HEARING OFFICER KNITTLE: As opposed
     
    2 to ten-hour shifts?
     

    3 MR. CHAMBERS: As opposed to ten-hour
     
    4 shifts or nine-hour shifts.
     
    5 CHAIRMAN GIRARD: What is the
     
    6 temperature for the workers in the forge area
     
    7 in the summertime in the most extreme
     
    8 conditions?
     
    9 MR. CHAMBERS: About 125 degrees.
     
    10 CHAIRMAN GIRARD: So by running a
     
    11 nighttime shift, you can probably reduce that
     
    12 somewhat; is that correct?
     
    13 MR. CHAMBERS: It would be cooler at
     
    14 night, yes.
     
    15 CHAIRMAN GIRARD: And in the
     
    16 wintertime with the colder outside
     
    17 temperature, you don't have that same
     
    18 125-degree temperature in --
     
    19 MR. CHAMBERS: No, not at all. These
     
    20 employees are standing in front of a furnace
     
    21 that's 220 degrees taking hot bars out of it
     
    22 and it gets pretty warm in the summer.
     
    23 CHAIRMAN GIRARD: So the wintertime is
     
    24 the only time you can catch up with three
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    26
     
     
    1 full operating shifts?
     

    2 MR. CHAMBERS: Uh-huh. It works out
     
    3 good in the wintertime because the guys don't
     
    4 mind it, the heat.
     
    5 CHAIRMAN GIRARD: Thank you.
     
    6 MR. RAO: And one last question: Also
     
    7 in the proposal you had mentioned that
     
    8 Vaughan is getting a lot of competition from
     
    9 overseas, outsourcing and things like that.
     
    10 Does Vaughan produce all its, you know,
     
    11 hammers here at the Bushnell facility or do
     
    12 you also get hammers from overseas, from
     
    13 China or something?
     
    14 MR. CHAMBERS: We purchase some bars,
     
    15 pry bars from Japan, but other than that,
     
    16 everything is produced right here in
     
    17 Bushnell.
     
    18 MR. RAO: Okay. Thank you.
     
    19 HEARING OFFICER KNITTLE: Anything
     
    20 further from anybody? Why don't you step
     
    21 down and thank you very much for your
     
    22 testimony.
     
    23 MR. CHAMBERS: Thank you.
     
    24 HEARING OFFICER KNITTLE: Okay.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    27
     
     

    1 Mr. Pelphrey, do you have another witness?
     
    2 MR. PELPHREY: Yes. My second witness
     
    3 is Butch Mourning. He goes by the name of
     
    4 William Mourning in the proposal, but he goes
     
    5 by Butch. We're going to use his usual name.
     
    6 If you would like to take a seat
     
    7 and provide the public and the Board members
     
    8 with your name, your position at Vaughan &
     
    9 Bushnell and your testimony.
     
    10 HEARING OFFICER KNITTLE: Can she
     
    11 swear you in first sir?
     
    12 (Witness sworn.)
     
    13 MR. MOURNING: My name is William H.
     
    14 Mourning and I'm process engineer for Vaughan
     
    15 & Bushnell, have for a number of years. I go
     
    16 by the nickname of Butch, so anyone that
     
    17 comes up with that, it's Butch. I want to go
     
    18 over here by the map to kind of start out
     
    19 here and --
     
    20 HEARING OFFICER KNITTLE: Have at the
     
    21 map.
     
    22 MR. MOURNING: Okay. If I get in the
     
    23 way, say so because it's going to be a little
     
    24 hard here at times.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    28

     
     
    1 What I'd like to do is set a
     
    2 little ground work here as to where Vaughan &
     
    3 Bushnell is located versus the town. And I
     
    4 don't know -- a lot of you are not familiar
     
    5 with this, but we have one map here as to --
     
    6 the manufacturing facility, the total
     
    7 facility is this white area --
     
    8 HEARING OFFICER KNITTLE: I hate to
     
    9 interrupt you just as you're getting started.
     
    10 MR. MOURNING: That's fine.
     
    11 HEARING OFFICER KNITTLE: Okay.
     
    12 Mr. Pelphrey, are you going to be submitting
     
    13 that map as an exhibit or a smaller one?
     
    14 MR. PELPHREY: This map is actually in
     
    15 your proposal. It should be Exhibit C in the
     
    16 proposal.
     
    17 HEARING OFFICER KNITTLE: Okay. So
     
    18 that's Exhibit C in the proposal. We want to
     
    19 get that on the record.
     
    20 MR. PELPHREY: Correct. Butch is also
     
    21 going to give testimony on this second
     
    22 exhibit that I will be --
     
    23 HEARING OFFICER KNITTLE: Which is?
     
    24 MR. PELPHREY: It is a topographical
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     

     
    29
     
     
    1 map of the shop itself.
     
    2 HEARING OFFICER KNITTLE: Okay. Is
     
    3 that also in the proposal?
     
    4 MR. PELPHREY: I have an exhibit right
     
    5 now that I present.
     
    6 HEARING OFFICER KNITTLE: No. When
     
    7 you're ready. I just wanted to make sure
     
    8 that when we're reading the transcript we'll
     
    9 know what he's referring to. So right now
     
    10 he's referring to Exhibit C in the proposal.
     
    11 MR. PELPHREY: Exhibit C, correct.
     
    12 MR. MOURNING: What we have here in
     
    13 the white area along with the blue area is
     
    14 the main manufacturing facility for Vaughan &
     
    15 Bushnell. When we started looking at this
     
    16 area -- our forge shop is just the blue area
     
    17 right here and what I want to point out a
     
    18 little bit here is what we have in the
     
    19 vicinity around this plant area.
     
    20 And we do have businesses and if
     
    21 we start going over this you'll notice that
     
    22 we have more businesses by a long ways than
     
    23 we do residents. Directly across the
     
    24 railroad tracks, we have Archer Daniels over
     
     
     
     
     
    L.A. REPORTING (312) 419-9292

     
     
     
    30
     
     
    1 here, which is a business that is making
     
    2 agricultural feed. Located to the south of
     
    3 this is another building which we occupy
     
    4 ourselves, so this is our location
     
    5 (indicating).
     
    6 The city power company has got a
     
    7 substation that's located here and then they
     
    8 also have a facility where they generate
     
    9 electricity which is this complete area down
     
    10 here (indicating). Directly to the north of
     
    11 this we have a property which belongs to us,
     
    12 which is this whole city block located in
     
    13 here (indicating).
     
    14 HEARING OFFICER KNITTLE: Which is
     
    15 indicated with a number one, correct?
     
    16 MR. MOURNING: Right. This is one
     
    17 here which takes in this whole city block
     
    18 (indicating). There is a liquor store or a
     
    19 tavern located directly to the north and
     
    20 slightly to the west here.
     
    21 MR. PELPHREY: What number is that
     
    22 indicated as?
     
    23 MR. MOURNING: There's no number on
     
    24 that.
     
     
     
     

     
    L.A. REPORTING (312) 419-9292
     
     
     
    31
     
     
    1 MR. PELPHREY: What's the closest
     
    2 number?
     
    3 MR. MOURNING: The closest number is
     
    4 four.
     
    5 MR. PELPHREY: Okay.
     
    6 MR. MOURNING: And then directly to
     
    7 the west of us is Norforge Manufacturing,
     
    8 which they have also drop hammers located in
     
    9 their forging operation.
     
    10 MR. PELPHREY: What number is attached
     
    11 to --
     
    12 MR. MOURNING: That would be the
     
    13 closest to -- the corner is on three of one
     
    14 of them and ten on the other.
     
    15 MR. PELPHREY: Okay.
     
    16 MR. MOURNING: This pretty much covers
     
    17 the business portion of it. And what we have
     
    18 here as far as residential are the green
     
    19 boxes and to the north and -- would be to the
     
    20 west of the actual forge shop that we're
     
    21 speaking of are two houses here that are
     
    22 three and four are the actual designation of
     
    23 those.
     
    24 Directly to the south there is a
     
     

     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    32
     
     
    1 vacant house down here that has not been
     
    2 occupied for a number of years (indicating).
     
    3 MR. PELPHREY: What number identifies
     
    4 that?
     
    5 MR. MOURNING: And that is number
     
    6 seven. And then to the southwest we would
     
    7 have a number of -- there's a mobile home,
     
    8 there's homes here and this whole area here
     
    9 is pretty much residential and that's
     
    10 designated as an eight in that total block
     
    11 area here (indicating).
     
    12 We do have a few residences, but
     
    13 they are much father to the northwest here,
     
    14 which it really doesn't have a number
     
    15 designation; the closest is number two.
     
    16 There is a water tower, and the city water
     
    17 plant is located directly to the east of
     
    18 those. But these are -- if you took a circle
     
    19 from here, you've got quite a distance from
     
    20 the actual forge shop there (indicating).
     
    21 HEARING OFFICER KNITTLE: Is there a
     
    22 scale on the exhibit?
     
    23 MR. PELPHREY: No, there actually is
     
    24 not.

     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    33
     
     
    1 MR. MOURNING: These would be a normal
     
    2 city block, which would be --
     
    3 MR. NORTON: It would be 300 feet from
     
    4 corner to -- the middle of the road to the
     
    5 middle road.
     
    6 HEARING OFFICER KNITTLE: Can you
     
    7 identify yourself, sir?
     
    8 MR. NORTON: Dave Norton, Alderman.
     
    9 MR. RAO: Mr. Mourning, while you're
     
    10 looking at the map, in the proposal it said
     
    11 the nearest residence is 300 feet from the
     
    12 shop. Would that be the one marked four?
     
    13 MR. MOURNING: This would be four,
     
    14 yes.
     
    15 MR. JOHNSON: And let me ask you what
     
    16 you referred to in the pleadings as the
     
    17 natural ventilation system, which was leaving
     
    18 the doors open. I love that. Where are the
     
    19 doors?
     
    20 MR. MOURNING: We're going to get into
     
    21 that. This is the next step.
     
    22 MR. JOHNSON: Okay.
     
    23 MR. MOURNING: We'll give you a good

     
    24 description of the building itself.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    34
     
     
    1 HEARING OFFICER KNITTLE: You said
     
    2 it's 300 feet from the shop to that first
     
    3 residence?
     
    4 MR. MOURNING: This one here, yes
     
    5 (indicating).
     
    6 HEARING OFFICER KNITTLE: And that's
     
    7 measuring from what part of the shop, the
     
    8 center of the shop?
     
    9 MR. MOURNING: That would be in just
     
    10 the forge area itself.
     
    11 HEARING OFFICER KNITTLE. Okay.
     
    12 CHAIRMAN GIRARD: Can I ask a quick
     
    13 question on the Bushnell Power Plant? Is
     
    14 that a coal-fired plant?
     
    15 MR. MOURNING: No. They use pretty
     
    16 much oil for generation of electricity. I
     
    17 think they can at certain times maybe use
     
    18 natural gas, but I think the majority of
     
    19 times it is just fuel oil that they use for
     
    20 that, no coal-fired.
     
    21 MR. RAO: How far do you think is the
     
    22 distance between the forge shop and the

     
    23 mobile homes, a rough estimate?
     
    24 MR. MOURNING: Over here (indicating)?
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    35
     
     
    1 MR. RAO: Yeah.
     
    2 MR. PELPHREY: He's pointing to what's
     
    3 marked as number eight.
     
    4 MR. MOURNING: You mean number eight
     
    5 here?
     
    6 MR. HAVENS: I have down
     
    7 about 180 yards.
     
    8 MR. MOURNING: One hundred and eighty
     
    9 yards?
     
    10 MR. HAVENS: And that was done with
     
    11 measuring with a Microsoft streets in terms
     
    12 of program.
     
    13 MR. MOURNING: The numbers on this
     
    14 chart here also goes with the next witness
     
    15 here.
     
    16 HEARING OFFICER KNITTLE: That is the
     
    17 person who's talking right now?
     
    18 MR. PELPHREY: Yes. That's Mike
     
    19 Havens.
     
    20 HEARING OFFICER KNITTLE: I think
     
    21 we're good.

     
    22 MR. MOURNING: Any other questions on
     
    23 the map because now we're going to go to --
     
    24 one thing we do have here that we want to
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    36
     
     
    1 bear in mind which we don't want to give it a
     
    2 lot of credence is the railroad tracks is
     
    3 located here to the east of us and there was
     
    4 also a railroad track to the south of us
     
    5 here, so we know we're in between here
     
    6 (indicating).
     
    7 MR. PELPHREY: And, Butch, can you
     
    8 describe -- because I know you're going to be
     
    9 going to this second diagram. Can you
     
    10 describe the transition between the map you
     
    11 have right now, which is Exhibit C in the
     
    12 proposal, can you describe the transition
     
    13 into the topographical map?
     
    14 MR. MOURNING: The map I'm going to go
     
    15 to next is this blue area that we see here
     
    16 (indicating).
     
    17 MR. PELPHREY: And that is identified
     
    18 as number --
     
    19 MR. MOURNING: That is nine.
     
    20 MR. PELPHREY: Okay.

     
    21 MR. MOURNING: And this is our main
     
    22 manufacturing facility, which is a complete
     
    23 brick structure, this portion of it, and also
     
    24 it is brick on this wall and this wall
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    37
     
     
    1 (indicating). This is an interior brick wall
     
    2 to the manufacturing facility.
     
    3 Now, when I go to the next map
     
    4 we're not going to be showing the main plant
     
    5 area. All we're going to have will be just
     
    6 the actual forge department, so if there's
     
    7 any questions at this point about where this
     
    8 is located with respect to the main plant, we
     
    9 better answer them right now.
     
    10 MR. JOHNSON: Where are the drop
     
    11 hammers, are they in --
     
    12 MR. MOURNING: That's where we're
     
    13 going next.
     
    14 MR. JOHNSON: Okay. They're in the
     
    15 blue section.
     
    16 MR. MOURNING: They're in the blue
     
    17 portion. They're all located in the blue
     
    18 here.
     
    19 MR. PELPHREY: Before Butch continues,

     
    20 I would like to introduce the next exhibit
     
    21 that Butch is going to be discussing into the
     
    22 record, it's a diagram of the shop floor.
     
    23 HEARING OFFICER KNITTLE: Is there any
     
    24 objection from anybody to the shop diagram
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    38
     
     
    1 being entered as Exhibit 1, I take it,
     
    2 Mr. Pelphrey?
     
    3 MR. PELPHREY: Yes.
     
    4 HEARING OFFICER KNITTLE: Seeing none,
     
    5 we'll admit this.
     
    6 MR. MOURNING: Okay. The actual forge
     
    7 shop that we have that we're in discussion
     
    8 about at this point is 118 feet by 77 feet,
     
    9 which we're actually talking right at
     
    10 9,000 square feet as the total forge shop
     
    11 area. This is where the drop hammers are
     
    12 located that is in question as far as the
     
    13 noise associated with them here (indicating).
     
    14 And as we go around this diagram
     
    15 you'll notice we've got them pretty well
     
    16 labeled on your exhibit that you have as to a
     
    17 furnace, it has a press that's located here
     
    18 and also a drop hammer that's located here

     
    19 (indicating). These are pretty much made up
     
    20 of individual units which are comprised of
     
    21 those three items, a drop hammer, a furnace,
     
    22 and a press. These are throughout this whole
     
    23 plant area.
     
    24 And here, again, the structure --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    39
     
     
    1 and you can see here this is a brick
     
    2 structure interior wall. It has a small
     
    3 walk-through passage here and there's a small
     
    4 opening here. This is an outside wall to the
     
    5 south and this is an outside wall to the east
     
    6 (indicating), so it doesn't --
     
    7 HEARING OFFICER KNITTLE: I'm sorry to
     
    8 interrupt you again. It doesn't say on here
     
    9 north, south, east, and west, but it would be
     
    10 the general --
     
    11 MR. MOURNING: North is just --
     
    12 HEARING OFFICER KNITTLE: North is to
     
    13 the top of the page?
     
    14 MR. MOURNING: Right.
     
    15 HEARING OFFICER KNITTLE: You can
     
    16 proceed. I'm sorry.
     
    17 MR. MOURNING: The opening here is

     
    18 a very large opening. This opening is
     
    19 12 foot wide by 14 feet high, which is large
     
    20 enough to get equipment in and out that has
     
    21 to be -- if we had to move any one of the
     
    22 presses or any parts to a drop hammer, that
     
    23 has to get in and out of the door
     
    24 (indicating). We have another door located
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    40
     
     
    1 here. This one here is used a lot for
     
    2 removal of scrap (indicating).
     
    3 HEARING OFFICER KNITTLE: That's the
     
    4 door on the south side?
     
    5 MR. PELPHREY: The southwest side,
     
    6 right?
     
    7 HEARING OFFICER KNITTLE: The larger
     
    8 door on the southwest side, right? There's
     
    9 two of them it looks like.
     
    10 MR. MOURNING: Pardon me?
     
    11 HEARING OFFICER KNITTLE: It looks
     
    12 like there's two openings on that southwest
     
    13 side.
     
    14 MR. MOURNING: This is a small opening
     
    15 here. This does not show it, but right at
     
    16 this point there is another building located

     
    17 here (indicating).
     
    18 HEARING OFFICER KNITTLE: Okay.
     
    19 MR. MOURNING: This is a metal
     
    20 building, this goes into it. There's also an
     
    21 opening through here. That is just more of a
     
    22 walk-through type opening and it's very
     
    23 small.
     
    24 HEARING OFFICER KNITTLE: So the scrap
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    41
     
     
    1 goes in and out of the larger opening on the
     
    2 south side.
     
    3 MR. MOURNING: It's taken out through
     
    4 here (indicating).
     
    5 HEARING OFFICER KNITTLE: Through the
     
    6 eastern --
     
    7 MR. MOURNING: Through the east one
     
    8 here and also here. Some of the scrap comes
     
    9 out here (indicating).
     
    10 HEARING OFFICER KNITTLE: Through the
     
    11 south, the larger side?
     
    12 MR. PELPHREY: But where's the
     
    13 majority of it?
     
    14 MR. MOURNING: The majority goes out
     
    15 the east here (indicating) because it can --

     
    16 we move our material with the fork truck, we
     
    17 have it coming and going with a fork truck.
     
    18 It's also used to bring in the material and
     
    19 also to take the scrap out here.
     
    20 MR. PELPHREY: That big door in the
     
    21 east side of the building, where does it lead
     
    22 to?
     
    23 MR. MOURNING: The big door on the
     
    24 outside is very close to the street here and
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    42
     
     
    1 if we look on --
     
    2 MR. PELPHREY: Previously filed
     
    3 Exhibit C.
     
    4 MR. MOURNING: -- a previous map, this
     
    5 end wall right here is what you're looking at
     
    6 right here and it opens right on to this west
     
    7 Main Street, so it's in very close proximity.
     
    8 There's a sidewalk that would be ten, 12 foot
     
    9 wide and then you're right on the street. So
     
    10 there's not a lot of distance between that
     
    11 opening and the street.
     
    12 MR. PELPHREY: How often is that door
     
    13 opened?
     
    14 MR. MOURNING: That door is opened and

     
    15 closed very often, it depends. In the
     
    16 summertime, that door is also used for
     
    17 ventilation, but at the present time --
     
    18 because that's one of the means that we get
     
    19 outside fresh air into this building is
     
    20 through this door and through this opening
     
    21 here (indicating).
     
    22 MR. PELPHREY: Through the eastern
     
    23 door and the southern door?
     
    24 MR. MOURNING: Right. So during the
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    43
     
     
    1 time that the outside temperature gets
     
    2 up to between 40 and 50 degrees, these doors
     
    3 are left open just from a ventilation
     
    4 standpoint because --
     
    5 MR. RAO: How wide is the door on the
     
    6 south wall?
     
    7 MR. MOURNING: On the south wall --
     
    8 this door here is about 12 foot wide and it's
     
    9 like 12 foot high. This door is 12 foot
     
    10 wide, but it's 14 high.
     
    11 MR. PELPHREY: And that's the eastern
     
    12 door.
     
    13 CHAIRMAN GIRARD: In the summertime,

     
    14 do you use fans in those doorways to pull air
     
    15 in and out or does natural ventilation do it?
     
    16 MR. MOURNING: Not necessarily right
     
    17 in the doorway, but this building having
     
    18 brick construction on the side walls with the
     
    19 roof of this building is wood and then it has
     
    20 a build up roof on top of that. It would
     
    21 have some fiber insulation and then it would
     
    22 have like rural roofing type material on
     
    23 that.
     
    24 The roof is built as such so that
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    44
     
     
    1 there is a portion that is fairly wide and
     
    2 then in the center it goes on up vertically
     
    3 for about another six or eight feet and in
     
    4 that straight vertical part are some fans
     
    5 that exhaust outward and we're trying to take
     
    6 the heat out of this area out through what's
     
    7 called a cupola.
     
    8 There are fans that they set maybe
     
    9 in this door where they don't use it in and
     
    10 out. This door they can't put fans in it
     
    11 because there's so much traffic back and
     
    12 forth through this door (indicating). You

     
    13 can't bring in fresh air there, but we've
     
    14 tried to exhaust what we can for fresh air
     
    15 out through the cupola part of it.
     
    16 CHAIRMAN GIRARD: Okay. So with the
     
    17 fans up on the roof venting out, the air is
     
    18 actually coming in through those doorways.
     
    19 MR. MOURNING: Right. So it puts a
     
    20 negative pressure on this building
     
    21 (indicating).
     
    22 MR. RAO: So for the forge shop these
     
    23 are -- the one on the east and one on the
     
    24 south, those are the only two openings that
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    45
     
     
    1 open out, you know, to the atmosphere. The
     
    2 rest are all openings to other buildings?
     
    3 MR. MOURNING: There are some windows
     
    4 that are not shown here, but there are about
     
    5 three windows that are fairly small that are
     
    6 just sliding type windows, but without any
     
    7 size to speak of. So basically the only
     
    8 place we've got to get any kind of air would
     
    9 be through here from the rest of the shop, a
     
    10 small opening here and then these here
     
    11 (indicating).

     
    12 HEARING OFFICER KNITTLE: But the
     
    13 openings -- I think Mr. Rao was talking about
     
    14 on the north and the west side that you just
     
    15 referred to both open up into another
     
    16 building?
     
    17 MR. MOURNING: Yes. These open up
     
    18 into our manufacturing facility here
     
    19 (indicating).
     
    20 HEARING OFFICER KNITTLE: And those
     
    21 windows that you indicated on the southeast
     
    22 side open outside, but they're small sliding
     
    23 windows?
     
    24 MR. MOURNING: But they're not very
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    46
     
     
    1 large.
     
    2 MR. PELPHREY: What sort of
     
    3 sound-dampening technology does Vaughan &
     
    4 Bushnell use right now?
     
    5 MR. MOURNING: At the present time,
     
    6 our basic sound technology that we have, some
     
    7 of it is natural. Due to the brick structure
     
    8 there's no metal involved on the side walls,
     
    9 it's all brick. The roof is wood-exposed to
     
    10 the forge area. And each one of these

     
    11 hammers that's listed on that map you have is
     
    12 put in according to the manufacturer's
     
    13 recommendation to try to cut down on the
     
    14 amount of vibration and the amount of noise.
     
    15 These units range all the way from
     
    16 1500 pounds in capacity up to a 2500-pound
     
    17 capacity. And according to what the capacity
     
    18 of that hammer is determines how large the
     
    19 actual base of that hammer is. And those
     
    20 will be -- if this is 1500 pounds, that base
     
    21 will be 20 times heavier than that. That's
     
    22 just the rule of thumb.
     
    23 The base of the actual hammer
     
    24 itself starts down in the ground about, oh,
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    47
     
     
    1 anywhere from 15 to 18 feet depending on the
     
    2 soil which is concrete, reinforced concrete.
     
    3 On top of that depending on the size of the
     
    4 hammer it will run from eight to maybe
     
    5 16 inches of oak. These are timbers that are
     
    6 crossed back and forth.
     
    7 Then on top of that we put
     
    8 anywhere from one inch to two inches of
     
    9 fabrica and this fabrica is a very, very

     
    10 dense rubber-type material and it's to absorb
     
    11 noise and vibration, then the base of the
     
    12 hammer sits on this total structure that we
     
    13 have here (indicating).
     
    14 MR. PELPHREY: Does Vaughan & Bushnell
     
    15 use any other form of sound-dampening
     
    16 technology?
     
    17 MR. MOURNING: No, we don't.
     
    18 MR. PELPHREY: Do you know if
     
    19 Norforge, another drop forge facility in the
     
    20 town of Bushnell, do they implement a similar
     
    21 technology?
     
    22 MR. MOURNING: Norforge in the past
     
    23 years I've checked with them and they had a
     
    24 spray-on type foam material that they
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    48
     
     
    1 installed on the walls in their forge shop.
     
    2 MR. PELPHREY: Which Vaughan &
     
    3 Bushnell does not?
     
    4 MR. MOURNING: Which we do not have
     
    5 any foam on our walls at all. Over the
     
    6 period of time they've discussed that this
     
    7 has had a tendency to come off because of the
     
    8 heat and because of the shocks and so forth

     
    9 in the facility, so basically that's about
     
    10 all they have.
     
    11 Now, I've been in another forge
     
    12 shop, which is Klein Tool, they make a lot of
     
    13 pliers, a lot of lineman stuff for
     
    14 electricians, also for the power line people,
     
    15 they were located up in the Chicago area and
     
    16 a number of years ago they were having quite
     
    17 a time with noise and being able to comply
     
    18 with the noise requirements.
     
    19 Their forge shop -- they closed it
     
    20 up, moved it to Kansas in a very rural area
     
    21 and what they did with it there -- it was
     
    22 closed in in the Chicago area to the point
     
    23 where they couldn't do it there. They put
     
    24 this out of town, it's not in town, it's in a
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    49
     
     
    1 rural area, but they used an earthen berm out
     
    2 in front of any openings they had.
     
    3 If there was a large door,
     
    4 windows, anyplace that there would be a sound
     
    5 coming out of it, they had made an earthen
     
    6 berm to try to absorb this. So their only
     
    7 choice was to get out into a rural area and

     
    8 be able to do that.
     
    9 MR. PELPHREY: I just want to bring
     
    10 three things you just discussed together:
     
    11 You've talked about the Vaughan & Bushnell
     
    12 facility, how they have a large door on the
     
    13 eastern side that's necessary to be open to
     
    14 bring new product in as well as take finished
     
    15 product out, you've talked about Norforge
     
    16 having similar technology as Vaughan &
     
    17 Bushnell has, the only other difference is
     
    18 they've employed some sound-dampening foam,
     
    19 but that's in -- in your belief and in your
     
    20 experience you don't think that's very
     
    21 effective because it tends to fall apart.
     
    22 I get the impression -- or it's my
     
    23 understanding that this Norforge facility
     
    24 also has to have a large door on a certain
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    50
     
     
    1 part of its building to input new materials
     
    2 as well as to take finished product out; is
     
    3 that true?
     
    4 MR. MOURNING: That is correct.
     
    5 MR. PELPHREY: And finally, Klein
     
    6 Tool, which you discussed previously -- and I

     
    7 believe that's spelled K-L-E-I-N -- they
     
    8 moved from the Chicago area to Kansas and
     
    9 they ended up building a large berm around
     
    10 the building presumably because just like
     
    11 Vaughan & Bushnell and Norforge, they had to
     
    12 have a large door that would be constantly
     
    13 open to bring new product and in and to take
     
    14 finished product out; is that correct?
     
    15 MR. MOURNING: That's correct.
     
    16 MR. PELPHREY: So it sounds like no
     
    17 matter what technology -- any of those three
     
    18 facilities employed, there was still going to
     
    19 be some form of a noise issue with them and
     
    20 that Klein Tool was only able to reduce the
     
    21 amount of emissions that they produced by
     
    22 building a big berm around their facility --
     
    23 MR. MOURNING: Correct.
     
    24 MR. PELPHREY: -- to deflect noise?
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    51
     
     
    1 Can Vaughan & Bushnell do that?
     
    2 MR. MOURNING: No, we can't because of
     
    3 the situation here. We are very close to the
     
    4 street. If we tried to put some type of --
     
    5 just a barrier within this 12 foot area to

     
    6 the street, we can't get around it to get
     
    7 material in and out. What we have -- when we
     
    8 bring the material in, our stock will run
     
    9 anywhere from five-eighths round to five foot
     
    10 long bar stock and these will be on racks
     
    11 that are handled with a forklift.
     
    12 It will go up as high as an inch
     
    13 and three-quarters to an inch and
     
    14 seven-eighths in diameter and that could be
     
    15 around three feet long, that material. Let's
     
    16 go through here just a little bit to kind of
     
    17 describe what's actually happening here.
     
    18 This material, when it is in the
     
    19 form of just a bar stock, and let's just take
     
    20 a five-foot bar, for example, we take this
     
    21 bar and it's inserted into one of these
     
    22 furnaces that we have labeled here, which at
     
    23 every one of these places we have a drop
     
    24 hammer, we have a furnace.
     
     
     
     
     
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    52
     
     
    1 Now, these furnaces have a burner
     
    2 in each end of them and they can produce up
     
    3 around two million BTUs, each one of them, so
     
    4 there's a tremendous amount of heat generated

     
    5 here. The front of that furnace has a slot
     
    6 that is -- it's adjusted by how big a stock
     
    7 we run in it, but that furnace could have an
     
    8 opening that is approximately three inches
     
    9 tall.
     
    10 MR. PELPHREY: Butch, if I could stop
     
    11 you just for a second. How long does it take
     
    12 to start up a furnace, one of these furnaces
     
    13 because it sounds to me like it could be a
     
    14 lengthy process to get it up to 2,000 or over
     
    15 2,000 degrees?
     
    16 MR. MOURNING: We operate the furnace
     
    17 around 2,350. And normally, we light the
     
    18 furnaces about an hour prior to production
     
    19 time. If it's over a weekend and it has been
     
    20 shut down, then this would have to be a
     
    21 little bit longer because of the cool-down of
     
    22 the interior in the furnace.
     
    23 MR. PELPHREY: So without the -- if
     
    24 the third shift was not granted, then it
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    53
     
     
    1 sounds to me like if you run one and two
     
    2 shifts, you have to shut the furnaces down
     
    3 each night at the end of the second shift and

     
    4 then you would have to send somebody or else
     
    5 you would have to start up the furnaces at
     
    6 the beginning of the first shift and it would
     
    7 take an hour-plus to start that back up?
     
    8 MR. MOURNING: To get it back up, yes.
     
    9 MR. PELPHREY: An inefficient process
     
    10 then?
     
    11 MR. MOURNING: Right.
     
    12 MR. PELPHREY: Okay.
     
    13 MR. MOURNING: Now, if we did go
     
    14 three shifts here, we could maintain that
     
    15 temperature and there would be no heat-up
     
    16 time involved here.
     
    17 When the bar socket is put in this
     
    18 furnace, it will have anywhere from maybe 30,
     
    19 34 of these bars laying down horizontally
     
    20 sticking in the furnace and we heat the end
     
    21 of that bar. Once that's up to that
     
    22 temperature, which is approximately 2,350 on
     
    23 the outside, which would only be about 2,200,
     
    24 something like that on the inside, that's
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    54
     
     
    1 taken out of that furnace, that bar, and the
     
    2 operator takes it over to this drop hammer

     
    3 (indicating).
     
    4 And this drop hammer has dyes in
     
    5 it that has a half impression of a hammer and
     
    6 you have a bottom dye, which is stationary,
     
    7 it does not move, and it has the impression
     
    8 of half a hammer in this. The upper dye,
     
    9 which is attached to a ram, which is where we
     
    10 get this number of 1500 pounds, that ram
     
    11 weighs 1500 pounds in addition to that dye
     
    12 that's there.
     
    13 When he gets a bar in, the first
     
    14 impression, he trips it and that ram comes
     
    15 down and it's just a gravity fall, that's all
     
    16 it is, it's just gravity, and it hits that
     
    17 bar and then it goes right back up into a
     
    18 starting position again and he can trip it
     
    19 again and it will come down and hit it again.
     
    20 Depending on that impression, how
     
    21 many times it takes to get the shape to what
     
    22 it is in that impression, he may hit it one
     
    23 lick, he may hit it two, it depends on how
     
    24 much steel has to be moved, then he will move
     
     
     
     
     
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    55
     
     
    1 it to a next impression in that dye.

     
    2 And what it's doing -- each
     
    3 impression is making it a little closer to
     
    4 the shape of that hammer head. And that
     
    5 impression may take two blows, it may take
     
    6 three to get it to where he wants it, then
     
    7 he'll move it to the third impression and
     
    8 this would be what you call a finisher.
     
    9 And in the finish it pretty well
     
    10 is going to look like a hammer when he's done
     
    11 with it and he'll hit it maybe two blows in
     
    12 the finisher, pulls it out. He has that
     
    13 hammer head on the end of this five-foot bar.
     
    14 He takes it over to this press,
     
    15 which in that press he could put the end of
     
    16 the bar with the forging on it in there, and
     
    17 from there on it will either pierce the hole
     
    18 where the handling fits into it or it will
     
    19 trim the flesh off of the outer portion of it
     
    20 because when this is hammered down, you're
     
    21 going to have -- access material will flesh
     
    22 out and just leave a flat web around the
     
    23 outside of this head.
     
    24 MR. PELPHREY: And that hammering down
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    56
     

     
    1 creates the noise?
     
    2 MR. MOURNING: Yes. When this hammers
     
    3 down, this is where you get that impact
     
    4 noise. It's not a constant noise, it's an
     
    5 impact-type noise.
     
    6 Once he trims it, then he cuts the
     
    7 flesh off the end of the bar and that end is
     
    8 put back in the furnace again and that's
     
    9 reheated again and then he picks the next bar
     
    10 that's already up to heat. So this just
     
    11 becomes a cycle over and over again as he
     
    12 moves around through there.
     
    13 I've looked in to the possibility
     
    14 -- your first thought would be, okay, if he
     
    15 can't put something out here, then maybe if
     
    16 we close this whole building up, then this
     
    17 will keep the sound inside. When you do
     
    18 that, this becomes very, very costly because
     
    19 what we've got involved here, we have
     
    20 furnaces that are generating a tremendous
     
    21 amount of heat.
     
    22 There's also heat involved with
     
    23 that bar. When he takes it out of that drop
     
    24 hammer, it's out in the open. And with the
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     

    57
     
     
    1 heat involved here and the air that's
     
    2 involved for the furnaces to be able to get
     
    3 air for them to burn, we have to exhaust the
     
    4 heat out of that area and we have to bring
     
    5 fresh air back into that area. So this
     
    6 starts becoming a tremendous amount of cubic
     
    7 feet per minute of air that we have to go
     
    8 through here.
     
    9 I've got a budgetary price on what
     
    10 it would cost if we could seal this building
     
    11 up, and to go through brining fresh air in,
     
    12 exhausting the hot air out of this
     
    13 building -- I'm going to go down through this
     
    14 and I'm not going to drag it out too awfully
     
    15 long here --
     
    16 MR. PELPHREY: I'm just going to stop
     
    17 you right there real quick, Butch.
     
    18 I have what will be Exhibit No. 2.
     
    19 He's going to be reading from an analysis
     
    20 that was requested of Carroll Industrial
     
    21 Ventilation, Incorporated and presenting some
     
    22 of the facts from that report.
     
    23 HEARING OFFICER KNITTLE: Thank you.
     
    24 Are you offering this?
     
     
     
     
     
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    58
     
     
    1 MR. PELPHREY: Yes, I am offering this
     
    2 as evidence.
     
    3 HEARING OFFICER KNITTLE: Mr. Gurnik,
     
    4 any objection or any objection from anybody?
     
    5 MR. GURNIK: No objection.
     
    6 HEARING OFFICER KNITTLE: It will be
     
    7 admitted.
     
    8 MR. MOURNING: I'm not going to
     
    9 totally read this thing through. I'm just
     
    10 going to try to briefly tell you a little bit
     
    11 about each section of this. It's broken down
     
    12 into a number of the different areas here as
     
    13 to what the cost would be for this.
     
    14 This would be the size of the
     
    15 building that we have here, the number of
     
    16 furnaces, the number of hammers that we have
     
    17 located in here. Basically, the engineering
     
    18 that we start out on this is $150,000 just as
     
    19 the initial engineering, but this takes in
     
    20 everything. This has to do with how much air
     
    21 has to be exhausted, how much has to come in.
     
    22 There's a lot of other things that
     
    23 are involved in this, what size duct work,
     
    24 what the roof can stand as far as its
     
     
     
     
     

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    59
     
     
    1 structure. There's going to have to be air
     
    2 handling equipment on the roof, there's going
     
    3 to have to be air handling on the floor level
     
    4 and that's just basically the total
     
    5 engineering cost here.
     
    6 For the actual ventilation
     
    7 equipment, which would include the fans, any
     
    8 makeup air, anything that we have involved
     
    9 there is this $228,000 number. The concrete
     
    10 site where we would have for larger air
     
    11 handling equipment for the removal and for
     
    12 the installation of that would be $36,000.
     
    13 The roof is very old on this
     
    14 building and it will not support the
     
    15 additional fan load that we're going to have
     
    16 on that roof, so there's going to have to be
     
    17 roof removal here and then reinstallation and
     
    18 that's where the $186,000 comes from.
     
    19 Mechanical installation, this has
     
    20 to do with installing the fans, the blowers,
     
    21 the duct work. Anything that's actually
     
    22 mechanical involved here is $214,000. The
     
    23 electrical installation has to do with the
     
    24 wiring.
     
     
     

     
     
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    60
     
     
    1 If we do work to the roof, there's
     
    2 wiring up in the roof area and it's going to
     
    3 have to be replaced, redone. The wiring to
     
    4 the fans and all that is $129,000. This is a
     
    5 sprinkler system in the forge shop at this
     
    6 time and it's right up near the roof, so
     
    7 there's going to have to be work done with
     
    8 that and that figures out at $51,000.
     
    9 And the total for this comes to
     
    10 $994,000 just as a budget number here and the
     
    11 $100,000 on that is just anything that comes
     
    12 up that was not anticipated at that time.
     
    13 But here, again, if we seal the
     
    14 building up, we still have this problem of
     
    15 getting in and out of it. We haven't
     
    16 answered the problem. We can seal it up,
     
    17 keep the noise inside, but we still have to
     
    18 open this door and open this door for getting
     
    19 scrap in and getting scrap out.
     
    20 MR. PELPHREY: If you seal the
     
    21 building up, how often do you think that door
     
    22 would need to be open?
     
    23 MR. MOURNING: That door, if we seal
     
    24 the building up totally it's going to look
     

     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    61
     
     
    1 like that door is going to be probably opened
     
    2 about between 55 and 60 percent of the
     
    3 time --
     
    4 MR. PELPHREY: Okay.
     
    5 MR. MOURNING: -- just to get
     
    6 materials in and out. There's other things
     
    7 that have to be gotten in and out besides
     
    8 scrap and steel. You have lubricants, you
     
    9 have boards for the hammers, you have other
     
    10 maintenance items that have to be brought in
     
    11 and out there too, so there's a lot of
     
    12 traffic through that door right there.
     
    13 MR. RAO: Mr. Mourning, I had a
     
    14 question. In the proposal, you know, you
     
    15 talked about ventilation systems and there's
     
    16 a cost of a half a million dollars. The
     
    17 proposal mentioned that you would require two
     
    18 such systems for the building. Is that
     
    19 different from what you're describing now?
     
    20 MR. MOURNING: No, not necessarily.
     
    21 MR. PELPHREY: Yeah, it was -- the
     
    22 answer to that is no. The proposal states
     
    23 that we would probably need two fans at
     

    24 least. I don't think Butch's testimony today
     
     
     
     
     
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    62
     
     
    1 is different from that. We simply broke down
     
    2 in the proposal what it would cost per fan,
     
    3 what we believe it would be per fan.
     
    4 MR. RAO: Okay. This is a more
     
    5 detailed estimate, okay. And all the costs
     
    6 that you've mentioned in Exhibit 2, that's
     
    7 the initial capital cost for putting the
     
    8 system up, right, there may be operating
     
    9 costs involved with that kind of system?
     
    10 MR. MOURNING: There's nothing in
     
    11 there from an operating cost.
     
    12 MR. RAO: Right, but there would be?
     
    13 MR. MOURNING: There would be.
     
    14 There's going to be electric, there's going
     
    15 to be maintenance on the equipment that's
     
    16 there because you've got a fan that's going
     
    17 to have motors, belts, what have you on it,
     
    18 so this does not take in any upkeep, any
     
    19 energy involved for it.
     
    20 MR. RAO: Okay.
     
    21 MR. JOHNSON: As long as we're
     
    22 interrupting you, you talked about the -- you
     

    23 testified about Klein and building the
     
    24 earthen and berm. Obviously you can't do
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    63
     
     
    1 that on Main Street, but you talked about the
     
    2 use of sound barriers and how they cut down
     
    3 the air flow and would have a minimal impact.
     
    4 Can you elaborate a little bit on that?
     
    5 MR. MOURNING: When we're talking
     
    6 about sound barriers, we're talking about
     
    7 trying to put something on the outside of
     
    8 this door so that the sound does not come out
     
    9 through here. If we put that in there, to do
     
    10 it any good we're going to have to keep it
     
    11 close to that door, and in so doing, we can't
     
    12 get in past it here to get the material in
     
    13 and out.
     
    14 That's what I'm talking about
     
    15 there as far as a barrier here or down here.
     
    16 It could have to be something that could be
     
    17 removable or roll-away type of thing, and for
     
    18 the number of times we're going in and out of
     
    19 here, to be that type of barrier just isn't
     
    20 going to be feasible.
     
    21 MR. PELPHREY: Does that answer your
     

    22 question, Mr. Johnson?
     
    23 MR. JOHNSON: It does. Thank you.
     
    24 MR. RAO: And also -- sorry to
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    64
     
     
    1 interrupt you again.
     
    2 MR. MOURNING: Go ahead.
     
    3 MR. RAO: Is it feasible to move raw
     
    4 material in and out through any of the other
     
    5 openings that lead to other buildings or is
     
    6 that not feasible?
     
    7 MR. MOURNING: Not really. Like in
     
    8 here do you mean (indicating)?
     
    9 MR. RAO: Yes.
     
    10 MR. MOURNING: Is that what you have
     
    11 in mind?
     
    12 MR. RAO: Yes.
     
    13 HEARING OFFICER KNITTLE: You're
     
    14 indicating, just for the record, on the north
     
    15 side of the door -- the opening on the north
     
    16 side of the building, right?
     
    17 MR. MOURNING: That goes into our
     
    18 other manufacturing facility. And due to our
     
    19 available floor space in here, we don't have
     
    20 room for this type of traffic to come through
     

    21 here.
     
    22 MR. PELPHREY: That's a small door,
     
    23 it's like the entry door that we just walked
     
    24 through to get into this room?
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    65
     
     
    1 MR. MOURNING: Yes. And to increase
     
    2 the size of the door, we would probably have
     
    3 to remove on both sides of it here so we have
     
    4 room and we're going to be getting into these
     
    5 units here (indicating). The same way down
     
    6 here, this is a small door opening here.
     
    7 Here, again, it's so far from the outside to
     
    8 be able to transport stock in and out
     
    9 (indicating).
     
    10 MR. PELPHREY: For the record, that's
     
    11 on the west side of the building that he's
     
    12 pointing to.
     
    13 MR. MOURNING: There are other ways to
     
    14 forge. You can do it with a press, you can
     
    15 do it with what they call a forging press.
     
    16 The noise involved here is not tremendously
     
    17 loud; it's very quiet compared to a drop
     
    18 hammer. But when you start getting into a
     
    19 forging press, the cost of the equipment goes
     

    20 up tremendously.
     
    21 Just the press alone of one that
     
    22 would be large enough to do, say, what we
     
    23 have here in the 2,500-pound range, you're
     
    24 going to be talking the press itself is going
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    66
     
     
    1 to be well over $850,000 just for the press.
     
    2 MR. PELPHREY: Just for one press?
     
    3 MR. MOURNING: For one. That does not
     
    4 include the trim press that would be
     
    5 associated with it. Also, with that you're
     
    6 going to have to go with what they call
     
    7 induction heating where it electrically heats
     
    8 the billet.
     
    9 Another thing that happens, you
     
    10 have to run with billets, they have to be
     
    11 sheared somewhere, so you're going to
     
    12 easily -- by the time you get that up along
     
    13 with someplace to put it you're going to be
     
    14 close to a million dollars when you're done
     
    15 with it per unit.
     
    16 MR. PELPHREY: And Vaughan & Bushnell
     
    17 currently has ten drop hammers?
     
    18 MR. MOURNING: We have ten drop
     

    19 hammers.
     
    20 MR. PELPHREY: So you would presumably
     
    21 need, in order to keep with production, ten
     
    22 presses, correct?
     
    23 MR. MOURNING: Close to it. If I can
     
    24 get by with one or two less, then --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    67
     
     
    1 MR. PELPHREY: I think we can do the
     
    2 math on the total cost of that.
     
    3 MR. RAO: And, Mr. Mourning, going
     
    4 back to the cost of the ventilation system,
     
    5 if it's possible for you to estimate the
     
    6 operating cost and you can provide that in
     
    7 the final comments just to add to the capital
     
    8 costs?
     
    9 MR. MOURNING: Okay.
     
    10 MR. RAO: That would be helpful.
     
    11 MR. PELPHREY: Do you have anything
     
    12 additional --
     
    13 HEARING OFFICER KNITTLE: Yeah, I have
     
    14 a question. I noted you said when you come
     
    15 in after the weekend, it takes an hour to
     
    16 heat up the forges again. Do you currently
     
    17 not run through the weekend?
     

    18 MR. MOURNING: No, we do not run on
     
    19 Sunday.
     
    20 HEARING OFFICER KNITTLE: Okay. So
     
    21 you run on Saturday, but you don't run on
     
    22 Sunday?
     
    23 MR. MOURNING: Right.
     
    24 HEARING OFFICER KNITTLE: And just
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    68
     
     
    1 curiosity, how many impacts, have you ever
     
    2 estimated or can you estimate how many
     
    3 impacts you have per hour or per day? You
     
    4 were talking about how you have to come down
     
    5 once or twice and --
     
    6 MR. MOURNING: Right. Probably on the
     
    7 average forging, we would be talking closest
     
    8 to five -- it would take about five impacts.
     
    9 You can probably do these five in about 12
     
    10 seconds.
     
    11 MR. PELPHREY: So you're talking about
     
    12 $75,000 in a 24-hour shift?
     
    13 HEARING OFFICER KNITTLE: Seventy-five
     
    14 thousand impacts in a 24-hour shift for the
     
    15 whole forge shop?
     
    16 MR. MOURNING: Yes, that would be all
     

    17 over.
     
    18 HEARING OFFICER KNITTLE: That's all I
     
    19 have.
     
    20 MR. RAO: Okay. I have a few more.
     
    21 Mr. Mourning, about these ten drop hammers
     
    22 that you have now, have these hammers been in
     
    23 place for quite a while now or do you replace
     
    24 them on an ongoing basis or --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    69
     
     
    1 MR. MOURNING: We replace them from
     
    2 time to time. Sometimes you'll have this
     
    3 base that we're talking about, which the
     
    4 columns on the sides of it attach to, you may
     
    5 have a crack in that or it may be cracked to
     
    6 a point where you can't machine it anymore
     
    7 and you have to remove that.
     
    8 Over the years we have replaced
     
    9 some of these hammers with older ones. Now,
     
    10 the ones that we have aren't new, but these
     
    11 were much, much older; they were smaller
     
    12 units. As time has gone on one thing we've
     
    13 found is we keep getting into bigger and
     
    14 bigger hammers.
     
    15 It used to be a 16-ounce nail
     

    16 hammer was kind of the run of the mill hammer
     
    17 and now a 20 to a 22-ounce hammer is more of
     
    18 the average that we're running into and we do
     
    19 make them larger than that as far as -- for
     
    20 framing, that type of thing.
     
    21 MR. RAO: And you also described how
     
    22 the base of these hammers are designed to
     
    23 minimize vibrations and sound levels. Have
     
    24 you seen any, you know, changes in the design
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    70
     
     
    1 and things like that over the years, you
     
    2 know, have those designs improved to minimize
     
    3 sound?
     
    4 MR. MOURNING: The only one that I
     
    5 have really seen or heard about that has much
     
    6 of an impact on this is instead of putting --
     
    7 you still have the concrete involved here,
     
    8 but instead of putting the wooden timbers of
     
    9 oak in there they put springs in there, coil
     
    10 springs. And they'll put a number of these
     
    11 and then set the base on the coil springs, so
     
    12 the whole thing is really spring-supported.
     
    13 It does make some difference in
     
    14 the noise, it still does have the impact
     

    15 noise; it's hard to get away from that metal
     
    16 against metal. When you're first hit at the
     
    17 first lick, the noise is not near the impact
     
    18 because you have that red, hot bar in there.
     
    19 The dyes don't quite touch, but the next time
     
    20 that they go to hit, they pretty much just
     
    21 come together because by that time if they do
     
    22 just come together, now you've got that
     
    23 impression, that size you want so you move to
     
    24 the next one.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    71
     
     
    1 And there are some bows there that
     
    2 aren't as high an impact noise as when they
     
    3 hit them another lick and you have this
     
    4 secondary and you're starting to get metal to
     
    5 metal at that point.
     
    6 MR. RAO: So the placement of these
     
    7 coils or springs are more to minimize the
     
    8 vibrations rather than --
     
    9 MR. MOURNING: Vibration. But they
     
    10 will -- you can notice a difference in the
     
    11 sound level too with that, but they're very
     
    12 costly and also, maintenance is a problem
     
    13 because it's like any spring that you keep
     

    14 flexing. They too replace these periodically
     
    15 because you have broken turbs in them.
     
    16 MR. PELPHREY: And you would have
     
    17 additional costs of pulling out your current
     
    18 hammer and --
     
    19 MR. MOURNING: You would have to
     
    20 dismantle the unit, lift it off of it.
     
    21 There's not an easy way to replace those
     
    22 springs in them.
     
    23 MR. RAO: Mr. Mourning, were you with
     
    24 Vaughan & Bushnell when they got their
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    72
     
     
    1 site-specific rule back in the '80s or --
     
    2 MR. MOURNING: Yes, I was. I started
     
    3 with Vaughan & Bushnell in 1970.
     
    4 MR. RAO: Wow. That's good to know
     
    5 because, you know, I just had some questions
     
    6 that relate back to that earlier rulemaking
     
    7 because at that time Vaughan submitted this
     
    8 report prepared by -- I think the
     
    9 organization is called Forging Industry
     
    10 Educational Research Foundation.
     
    11 They prepared a report saying
     
    12 that, you know, it's economically
     

    13 unreasonable or technically not feasible to
     
    14 have sound control, you know, in excess of
     
    15 what you're doing right now, and I was just
     
    16 wondering if -- you know, that study was
     
    17 prepared back in 1977, so has there been an
     
    18 update to that study or whatever that was in
     
    19 that study that still, you know, is valid?
     
    20 MR. MOURNING: Not that I'm aware of.
     
    21 I was not directly involved with this study
     
    22 when we did it the first time around. I know
     
    23 they were doing it, but I was not involved
     
    24 with it at that time.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    73
     
     
    1 HEARING OFFICER KNITTLE: Any studies
     
    2 in the interim or contrary studies since that
     
    3 time that you're aware of?
     
    4 MR. MOURNING: No.
     
    5 HEARING OFFICER KNITTLE: And maybe
     
    6 this is a good time --
     
    7 MR. RAO: Yeah.
     
    8 HEARING OFFICER KNITTLE: We had
     
    9 talked with Mr. Pelphrey earlier off the
     
    10 record about the possibility of incorporating
     
    11 the record of R83-32, which is the previous
     

    12 site-specific rulemaking we're talking about,
     
    13 into this record. Have you given any
     
    14 thoughts to that or would you have any
     
    15 objection to this if the Board decided to do
     
    16 that?
     
    17 MR. PELPHREY: My only concern would
     
    18 be whether or not the shop has substantially
     
    19 changed since that prior rulemaking, and I
     
    20 would have to leave that up to Ron and
     
    21 Dan Chambers and Mike and Butch to determine
     
    22 whether or not it's changed significantly
     
    23 thereby making that previous study not
     
    24 necessarily --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    74
     
     
    1 HEARING OFFICER KNITTLE: And we're
     
    2 not just talking specifically about the study
     
    3 at this point. We're talking about the
     
    4 record.
     
    5 MR. PELPHREY: Yeah, the record I
     
    6 don't think we're going to have a problem
     
    7 incorporating that into our current proposal.
     
    8 MR. RAO: Because the study itself is
     
    9 supportive of what you're asking for now just
     
    10 to make that clear?
     

    11 MR. PELPHREY: Right.
     
    12 HEARING OFFICER KNITTLE: The record
     
    13 would also be supportive since the previous
     
    14 site-specific rule was granted. It would
     
    15 help the Board, as Mr. Rao pointed out
     
    16 earlier, for a number of reasons.
     
    17 Mr. Rao, do you want to go over
     
    18 that now?
     
    19 MR. RAO: Yeah. It's basically, you
     
    20 know, in that record expert testimony was
     
    21 presented. I think the noise consultant's
     
    22 name was George Campermann. He testified and
     
    23 provided a very detailed, you know, noise
     
    24 measurement survey and also his expert
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    75
     
     
    1 opinion about what can be done and what
     
    2 cannot be done in terms of noise control at
     
    3 your facility.
     
    4 And my feeling was if things are
     
    5 not significantly changed since the last
     
    6 20 years in terms of the way you're operating
     
    7 your hammers and, you know, the building that
     
    8 houses that, we should be able to rely on
     
    9 some of that information in this rulemaking.
     

    10 MR. PELPHREY: Yes, I agree.
     
    11 MR. RAO: So we have some questions
     
    12 along those lines. One other question I had
     
    13 was --
     
    14 MR. MOURNING: It's been in place, but
     
    15 it's just been kind of -- because it's been
     
    16 an old piece of equipment and we just
     
    17 replaced something that is -- a later piece
     
    18 of equipment like it we have not gone to
     
    19 anything different. They are all board
     
    20 hammers, just a different manufacturer.
     
    21 HEARING OFFICER KNITTLE: So the
     
    22 operations haven't significantly changed
     
    23 since that point in time?
     
    24 MR. MOURNING: The only thing that
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    76
     
     
    1 would probably be is I would imagine we're
     
    2 probably getting a few more parts out per
     
    3 hour than we were back then.
     
    4 MR. JOHNSON: What about the
     
    5 neighborhood, the surrounding neighborhood,
     
    6 is it essentially the same now as it was
     
    7 then?
     
    8 MR. MOURNING: I would say that the
     

    9 neighborhood as far as it being residential
     
    10 has become less and less.
     
    11 MR. RAO: If I can recall, I think in
     
    12 that rulemaking you had mentioned close to
     
    13 50 residences in the vicinity and it seems
     
    14 like they're --
     
    15 MR. PELPHREY: Less and less.
     
    16 MR. RAO: Yeah.
     
    17 HEARING OFFICER KNITTLE: Personal
     
    18 recollection, Mr. Rao?
     
    19 MR. RAO: No. On the record.
     
    20 HEARING OFFICER KNITTLE: You weren't
     
    21 on the Board in 1977?
     
    22 MR. RAO: No, I was not here.
     
    23 (Laughter.)
     
    24 MR. PELPHREY: And I think Mr. Morning
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    77
     
     
    1 has also told you that it doesn't sound like
     
    2 the technology has advanced substantially
     
    3 since that previous report and previous study
     
    4 in a manner that makes it anymore
     
    5 economically feasible or technically
     
    6 reasonable for Vaughan & Bushnell to
     
    7 implement the new technology.
     

    8 MR. RAO: Okay. So like Mr. Knittle
     
    9 was saying, if you have no objections, that
     
    10 information will be helpful to the Board.
     
    11 MR. PELPHREY: No objections.
     
    12 MR. GURNIK: No objections.
     
    13 HEARING OFFICER KNITTLE: Anything
     
    14 else, Mr. Rao, for this witness?
     
    15 MR. RAO: No.
     
    16 HEARING OFFICER KNITTLE: Let's go off
     
    17 the record for a second.
     
    18 (Whereupon, a discussion
     
    19 was had off the record.)
     
    20 MR. PELPHREY: As my last witness, I'd
     
    21 like to present Mike Havens. He's the
     
    22 process engineer for Vaughan & Bushnell.
     
    23 Mike, if you will take a seat and
     
    24 be sworn in and provide the testimony you've
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    78
     
     
    1 prepared today.
     
    2 (Witness sworn.)
     
    3 MR. HAVENS: I want to use the map
     
    4 and --
     
    5 HEARING OFFICER KNITTLE: Let's note
     
    6 that he's going for the first map.
     

    7 MR. PELPHREY: Yes, which was Exhibit
     
    8 C to the proposal.
     
    9 MR. HAVENS: Butch did a pretty good
     
    10 job of explaining the surrounding area, that
     
    11 we're primarily in an industrial area of the
     
    12 city. I want to talk about some locations,
     
    13 the residents around the plant, the ones
     
    14 closest to the plant and we got into that a
     
    15 little bit when he was doing his testimony.
     
    16 Location three is a house and
     
    17 that's approximately 130 yards from the forge
     
    18 shop. Location four is a house that's
     
    19 approximately 100 yards from the forge shop.
     
    20 Location seven is approximately 130 yards
     
    21 from the forge shop and we believe that to be
     
    22 vacant. Location eight is here and that's
     
    23 approximately 180 yards from the forge shop
     
    24 (indicating). So those are the four closest
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    79
     
     
    1 houses to the forge shop.
     
    2 In 2005, I performed several sound
     
    3 tests to determine the effects of adding a
     
    4 third shift and what it would have on the
     
    5 surrounding areas around the forge shop. On
     

    6 July 13th, 2005 at 11:00 a.m., and again on
     
    7 September 1, 2005 at 5:00 p.m. and 3:00 p.m.,
     
    8 sound levels were taken with a sound meter,
     
    9 just like this meter I have here
     
    10 (indicating).
     
    11 This is a Radio Shack sound level
     
    12 meter, Model 332055. Readings were taken in
     
    13 decibels and the meter can measure from 50
     
    14 decibels to 126 decibels. Readings were
     
    15 taken on the A scale, fast response. A
     
    16 waiting means that it mainly responds to
     
    17 frequencies from 500 to 10,000 hertz, which
     
    18 is the human ear's most sensitive range.
     
    19 Right now it's reading 55 to 60
     
    20 decibels, so if anyone wants to look at that.
     
    21 MR. PELPHREY: Mike, are you a
     
    22 qualified expert on sound-gathering?
     
    23 MR. HAVENS: No, I'm not. We have
     
    24 done some sound testing from an OSHA
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    80
     
     
    1 standpoint within the facility and I worked
     
    2 with some people in regard to that. But no,
     
    3 I'm not an expert.
     
    4 MR. PELPHREY: Okay.
     

    5 MR. HAVENS: Sound levels were taken
     
    6 at the locations -- all locations marked on
     
    7 the maps and you guys have that information.
     
    8 I checked the houses closest to the forge
     
    9 shop to see the effect the residents closest
     
    10 to the forge shop were experiencing from
     
    11 noise.
     
    12 I used a meter to record the
     
    13 maximum reading at each location and
     
    14 identified the source of the noise, so I
     
    15 would just look at the meter and watch it and
     
    16 see what the maximum level was and then
     
    17 listen to see if I could identify what the
     
    18 noise was coming from.
     
    19 Some of the examples -- I'm sorry.
     
    20 In many areas the main source of the noise
     
    21 was not from the Vaughan & Bushnell forge
     
    22 shop drop hammers. Some examples of this, on
     
    23 7-13 at 11:00 a.m., at location two, which is
     
    24 here (indicating), it was 57 decibels, was
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    81
     
     
    1 the maximum, and that was coming from the
     
    2 Norforge drop hammers, not the Vaughan &
     
    3 Bushnell drop hammers.
     

    4 Location eight, which is here
     
    5 (indicating), was 75 decibels and this was on
     
    6 7-13-05 at 11:00 a.m. also. And that was
     
    7 coming from our polished dust collectors and
     
    8 our polish department is in this area
     
    9 (indicating) and also the Norforge drop
     
    10 hammers because they have openings on this
     
    11 side that faces this home.
     
    12 At location eleven, which is here
     
    13 (indicating), about 150 feet from the train
     
    14 tracks, when the train whistle blew, this was
     
    15 on 7-13 at 11:00 a.m., it was about
     
    16 98 decibels, and the train engine itself
     
    17 without the whistle was about 82 decibels.
     
    18 MR. PELPHREY: I'd like to stop you
     
    19 for a second. The Board probably will ask
     
    20 the question how did you verify or how did
     
    21 you know that the noise you were picking up
     
    22 was the noise you were actually claiming it
     
    23 to be?
     
    24 MR. HAVENS: Like with the train, when
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    82
     
     
    1 the whistle blew, you watch the meter and it
     
    2 would jump up from 80 decibels to, you know,
     

    3 98 decibels, so you knew that it was coming
     
    4 from the train, it was fairly obvious.
     
    5 MR. PELPHREY: Okay.
     
    6 MR. HAVENS: We talked about this
     
    7 earlier, but I want to talk a little bit
     
    8 about our hours of operation because this is
     
    9 coming into my point on my next issue I want
     
    10 to make here. Normally we run 6:00 a.m. to
     
    11 1:30 a.m. and that's nine hours a day, which
     
    12 Dan had talked about, in most areas. So
     
    13 there's only a few areas we don't actually
     
    14 run the full manufacturing areas of the
     
    15 plant.
     
    16 But we do run some third shifts
     
    17 and heat treat, grind and handle and pack at
     
    18 most times. And as needed we often at times
     
    19 will start at 5:00 a.m. in the morning, if
     
    20 needed, and work extra hours to meet
     
    21 production needs. And we're currently
     
    22 operating a third shift in the forge shop.
     
    23 This is some additional testing I
     
    24 did and I want to talk about this a little
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    83
     
     
    1 bit. Location three, which is this house
     

    2 here (indicating), on 7-13 of '05 at
     
    3 11:00 a.m., normal operation, forge shop
     
    4 running, all of our other departments were
     
    5 running, I got on the sidewalk in front of
     
    6 that house, 69 decibels, and I attribute the
     
    7 noise source for that reading coming from
     
    8 Norforge drop hammers and Vaughan &
     
    9 Bushnell's grind and dust collectors, which
     
    10 are located about in this area from our
     
    11 grinding department (indicating).
     
    12 On 9-1-05 at 3:00 p.m. in the
     
    13 afternoon, we shut the forge shop down.
     
    14 We're not operating our forge shop,
     
    15 everything else is running. I went back here
     
    16 again and I got 73 decibels and I attribute
     
    17 that from the Norforge drop hammers.
     
    18 MR. RAO: May I interrupt just for a
     
    19 minute?
     
    20 MR. HAVENS: Yes.
     
    21 MR. RAO: This location three
     
    22 measurement you mentioned, that was not part
     
    23 of the proposal, was it?
     
    24 MR. HAVENS: It should be on the maps.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    84
     
     

    1 MR. PELPHREY: You may be correct.
     
    2 MR. RAO: Yeah, because it was missing
     
    3 in the proposal on Page 11.
     
    4 MR. PELPHREY: It's missing in the --
     
    5 correct, you are right.
     
    6 MR. RAO: So it was an oversight that
     
    7 it was added in here or --
     
    8 MR. PELPHREY: No. If anything, it
     
    9 would be an oversight that it was not
     
    10 included in the proposal.
     
    11 MR. RAO: Okay. Sorry for
     
    12 interrupting. I just wanted to make sure.
     
    13 HEARING OFFICER KNITTLE: That was
     
    14 location number three?
     
    15 MR. PELPHREY: Yes, on the first test
     
    16 on Page 11 of the proposal.
     
    17 HEARING OFFICER KNITTLE: That's when
     
    18 you went out without the forge shop running,
     
    19 correct?
     
    20 MR. HAVENS: Yes, the forge shop was
     
    21 not operating. Vaughan & Bushnell, the rest
     
    22 of the facility was running; Norforge was
     
    23 running. Again, on 9-1 of '05 at 5:00 a.m.
     
    24 with our forge shop running approximately
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    85

     
     
    1 nine drop hammers at the time, Norforge was
     
    2 not running their drop hammers and all our
     
    3 machines, equipment in our facility, since
     
    4 their dust collectors were not in operation.
     
    5 I tested here at this house and I
     
    6 tested 59 decibels, considerably lower than
     
    7 the other ones. And the noise I was picking
     
    8 up at that time, I think I was picking up
     
    9 what I believe to be the FS freight elevator,
     
    10 the drying fan or the drying motor from that
     
    11 elevator is what I could hear the loudest.
     
    12 Location four, which is this house
     
    13 here (indicating), I tested on 7-13-05 at
     
    14 11:00 a.m., normal operation, everything in
     
    15 the area was operating, including our forge
     
    16 shop, 75 decibels, and I attribute the noise
     
    17 from the Vaughan dust collectors from the
     
    18 grind department, which is in this vicinity,
     
    19 this area here (indicating).
     
    20 On 9-1 of '05, 3:00 p.m., we shut
     
    21 down the forge shop and 76 decibels was my
     
    22 reading, again, from the grind dust
     
    23 collectors. 9-1 of '05 at 5:00 a.m., the
     
    24 forge shop only, none of the other plant was
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     

     
    86
     
     
    1 operating, Norforge was shut down, 58
     
    2 decibels and, again, that was from the FS
     
    3 freight elevator and partially picking up
     
    4 some of the motor and machines operating in
     
    5 Vaughan, maybe some fans or something in the
     
    6 wall or something for ventilation that we had
     
    7 at that time running.
     
    8 MR. PELPHREY: Just to stop you for a
     
    9 second, Mike --
     
    10 MR. HAVENS: Sure.
     
    11 MR. PELPHREY: The testing at
     
    12 5:00 o'clock in the morning on 9-1 for the
     
    13 last two locations, location three and
     
    14 location four, that would be an hour of
     
    15 operation that would fall under the proposed
     
    16 amendment to the site-specific rule which
     
    17 would permit us to operate for a 24-hour
     
    18 period and these are the readings that he
     
    19 received with the shop running at that time.
     
    20 And I also wanted to point out
     
    21 that he mentioned the noise source and the
     
    22 location of Vaughan & Bushnell's grind and
     
    23 dust collectors, I just wanted to verify --
     
    24 put it on the record that those dust
     
     
     
     
     
    L.A. REPORTING (312) 419-9292

     
     
     
    87
     
     
    1 collectors are not subject -- or are not part
     
    2 of the current site-specific regulations that
     
    3 Vaughan & Bushnell -- as that regulation
     
    4 applies only to the drop forge facility and
     
    5 not the drop forge hammers -- or rather not
     
    6 the dust collectors.
     
    7 MR. HAVENS: Okay. Now, the location
     
    8 I want to talk about is location eight right
     
    9 here (indicating). On 7-13 of '05 at
     
    10 11:00 a.m., normal operation of the forge
     
    11 shop and the rest of the machines in our
     
    12 factory were operating, 75 decibels. And I
     
    13 attribute the noise to those decibel readings
     
    14 coming from our polish dust collector, which
     
    15 is located about here (indicating) and the
     
    16 Norforge drop hammers.
     
    17 At 9-1 of '05 at 3:00 p.m., the
     
    18 forge shop was shut down again. The rest of
     
    19 the plant was operating. I had a reading of
     
    20 72 decibels from the polish dust collector
     
    21 and the Bushnell power plant, which is here
     
    22 (indicating). And then at 9-1-05 at
     
    23 5:00 a.m. with the forge shop only, again,
     
    24 like before I had a readings of 63 decibels,
     
     
     
     

     
    L.A. REPORTING (312) 419-9292
     
     
     
    88
     
     
    1 which I believe to be coming from the FS
     
    2 elevator, from their drying fans and their
     
    3 motor.
     
    4 MR. PELPHREY: And what did you say
     
    5 the decibel level was in here, in the room
     
    6 right now if I keep talking I guess?
     
    7 MR. HAVENS: Sixty-six, 58, 65, 58,
     
    8 54.
     
    9 MR. PELPHREY: Okay. Have you
     
    10 received any complaints from the public for
     
    11 the sound levels or noise pollution?
     
    12 MR. HAVENS: Not to the best of my
     
    13 knowledge, no.
     
    14 MR. PELPHREY: Do you have any
     
    15 additional testimony?
     
    16 MR. HAVENS: No. I think that's it.
     
    17 MR. PELPHREY: Are there any
     
    18 questions?
     
    19 MR. RAO: I have a few questions. You
     
    20 mentioned earlier that, you know, you're not
     
    21 trained to monitor sound other that, you
     
    22 know, what you have done in-house. Just for
     
    23 the record, did you follow all the
     
    24 manufacturer's instructions, whatever that
     
     

     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    89
     
     
    1 may be, associated with that Radio Shack
     
    2 meter?
     
    3 MR. HAVENS: Yes, I've read the manual
     
    4 several times. There's two ratings, a C and
     
    5 an A and it's set at an A, so that's what I
     
    6 did. And you can have a fast response or a
     
    7 slow response and it's just how quickly it
     
    8 picks up the sound. There's not much to it
     
    9 as far as operating the meter.
     
    10 MR. PELPHREY: He just wanted to make
     
    11 sure you followed the instructions in
     
    12 collecting sound as per the manufacturer's
     
    13 directions. Did you do that?
     
    14 MR. HAVENS: Yes.
     
    15 MR. RAO: Okay. And are you familiar
     
    16 with the Board regulations and any of the
     
    17 procedures that we have in our regulations as
     
    18 to how sounds should be measured from sources
     
    19 such as your forge shop?
     
    20 MR. HAVENS: For the most part, no.
     
    21 I've read a little bit about it, but no.
     
    22 MR. RAO: Okay. When you were
     
    23 referring to the sound levels that were
     
    24 measured on September 1 at 5:00 a.m., you

     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    90
     
     
    1 were attributing some of the sound levels to
     
    2 different noise sources.
     
    3 When you were out in the field
     
    4 measuring -- or taking the sounds
     
    5 measurements, did you make this -- you know,
     
    6 decide where the sound was coming from based
     
    7 on what you were hearing also in addition
     
    8 to -- you know, if you didn't hear the forge
     
    9 shop, then you would see where else the sound
     
    10 was coming from?
     
    11 MR. HAVENS: Correct.
     
    12 MR. RAO: Okay. Now, this is just a
     
    13 general question. Already he has said that
     
    14 he is not familiar with the Board
     
    15 regulations. In your previous filings within
     
    16 the Docket R83-32, the noise consultant
     
    17 testified about his familiarity with the
     
    18 Board regulations and what he thought the
     
    19 sound levels from the forging shop meant in
     
    20 comparison to the Board's standards and
     
    21 measurements, procedures, and things of that
     
    22 nature.
     
    23 So if it's possible for you to

     
    24 take a look at it and address it in your
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    91
     
     
    1 final comments, if you think that those
     
    2 statements are still valid, it would be
     
    3 helpful to the Board.
     
    4 MR. PELPHREY: Yes, because obviously
     
    5 I cannot testify or present any evidence as
     
    6 to whether or not he was telling the truth at
     
    7 that time or not or whether or not the
     
    8 individual can be located, but I will do my
     
    9 best to verify the accuracy of his statements
     
    10 as well as the previous survey in the final
     
    11 comments.
     
    12 MR. RAO: All right.
     
    13 HEARING OFFICER KNITTLE: Mr. Gurnik?
     
    14 MR. GURNIK: No questions.
     
    15 HEARING OFFICER KNITTLE: Thank you.
     
    16 Let's go off the record for a sec.
     
    17 (Whereupon, a discussion
     
    18 was had off the record.)
     
    19 HEARING OFFICER KNITTLE: We'll take a
     
    20 ten-minute break. I did have a question,
     
    21 though, before we go off -- I thought you had
     
    22 more questions.

     
    23 Vaughan & Bushnell versus
     
    24 Norforge, are they similar-sized operations,
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    92
     
     
    1 does anybody know that?
     
    2 MR. RUSSELL: Norforge has 42
     
    3 employees.
     
    4 HEARING OFFICER KNITTLE: How many
     
    5 drop hammers do they have, do you know?
     
    6 MR. PELPHREY: Norforge is actually
     
    7 permitted under their site-specific
     
    8 regulation for 11 drop hammers.
     
    9 HEARING OFFICER KNITTLE: I was just
     
    10 curious in terms of the size of the two
     
    11 operations since they're across the street
     
    12 from each other.
     
    13 MR. PELPHREY: Norforge's
     
    14 site-specific regulation, they can operate
     
    15 11 drop hammers for similar hours of
     
    16 operation as Vaughan & Bushnell can right
     
    17 now.
     
    18 HEARING OFFICER KNITTLE: And the
     
    19 residents at these properties that we've
     
    20 talked about that are near -- there may be
     
    21 one vacant -- are they aware about the

     
    22 proposed plant change?
     
    23 MR. PELPHREY: Several of them are in
     
    24 the audience today.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    93
     
     
    1 HEARING OFFICER KNITTLE: All right.
     
    2 But has Vaughan & Bushnell taken any steps
     
    3 to make sure that everybody is aware or is it
     
    4 the size of the community such that everyone
     
    5 is aware regardless if you take steps or not.
     
    6 MR. PELPHREY: I think the latter is
     
    7 probably more accurate.
     
    8 HEARING OFFICER KNITTLE: Okay. Those
     
    9 are the two that I was curious about. Okay.
     
    10 Thanks.
     
    11 Let's take a ten-minute break for
     
    12 me, not even, five minutes.
     
    13 (Whereupon a short break was
     
    14 taken, after which the following
     
    15 proceedings were had:)
     
    16 HEARING OFFICER KNITTLE: The Board is
     
    17 essentially done with their questions. I did
     
    18 have one thing that we wanted to point out.
     
    19 As Mr. Rao suggested earlier referring to
     
    20 that earlier rulemaking, which we are most

     
    21 likely going to incorporate by reference into
     
    22 this record, specifically he was concerned
     
    23 about Mr. Campermann's testimony that there
     
    24 be no adverse impact to the community from
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    94
     
     
    1 sound levels up to 65 decibels, so I'd just
     
    2 specifically take a look at that in that in
     
    3 the worst case scenario the sound levels from
     
    4 the facility would be -- he testified that in
     
    5 the worst case, the sound levels from the
     
    6 facility, they were 65 decibels.
     
    7 So you've got him testifying that
     
    8 it wouldn't be anymore than 65 decibels and
     
    9 that would not be an adverse impact on the
     
    10 community, which I think was important to the
     
    11 Board back in the rulemaking from my reading
     
    12 of the transcript and the record.
     
    13 So we wanted to know whether you
     
    14 believe Mr. Campermann's testimony is still
     
    15 valid. And I think in terms of the
     
    16 community -- was it Mr. Mourning?
     
    17 MR. MOURNING: Yes.
     
    18 HEARING OFFICER KNITTLE: (Continuing)
     
    19 -- testified to that effect. And also

     
    20 whether you believe that the sound levels
     
    21 from Vaughan are below the 65 decibel
     
    22 threshold and I think we did get testimony to
     
    23 that effect, but do you at least want to
     
    24 comment on that in your post hearing comments
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    95
     
     
    1 or if you feel --
     
    2 MR. PELPHREY: I would like to present
     
    3 the testimony of the public on the impact to
     
    4 the community.
     
    5 HEARING OFFICER KNITTLE: Well, let's
     
    6 do that then.
     
    7 MR. PELPHREY: I think that's what we
     
    8 were trying to address with that previous
     
    9 65 decibel level.
     
    10 MR. RAO: Just as a clarification,
     
    11 this 65 decibel level that Mr. Campermann
     
    12 testified to has to do more with the adverse
     
    13 health impacts, you know, which may not be
     
    14 discernible to the community at large, but
     
    15 that was the number he picked when he
     
    16 testified.
     
    17 So that's the reason we just
     
    18 wanted to know, you know, if those -- if his

     
    19 testimony is still valid for this facility
     
    20 right now.
     
    21 MR. PELPHREY: Okay. I can address
     
    22 that in my final comment.
     
    23 HEARING OFFICER KNITTLE: Okay. You
     
    24 said you wanted to present --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    96
     
     
    1 CHAIRMAN GIRARD: I have a quick
     
    2 question on the trains.
     
    3 HEARING OFFICER KNITTLE: I'm sorry.
     
    4 MR. PELPHREY: I had a question on the
     
    5 trains too, but you go first. Did you hear
     
    6 it go by?
     
    7 CHAIRMAN GIRARD: We did, yes.
     
    8 MR. RUSSELL: Forty-five to 50 of them
     
    9 a day.
     
    10 CHAIRMAN GIRARD: In the proposal it
     
    11 talks about an average of 35 trains a day.
     
    12 Is that an accurate figure or is that --
     
    13 MR. RUSSELL: It has increased, I
     
    14 think.
     
    15 MR. PELPHREY: And your name?
     
    16 MR. RUSSELL: Steve Russell. I'm the
     
    17 mayor for Bushnell.

     
    18 CHAIRMAN GIRARD: Should he be sworn
     
    19 in if he's giving --
     
    20 HEARING OFFICER KNITTLE: Were you
     
    21 going to testify, Mr. Mayor?
     
    22 MR. RUSSELL: Yes, I am.
     
    23 HEARING OFFICER KNITTLE: Do you want
     
    24 to come up now so you can --
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    97
     
     
    1 MR. PELPHREY: Yeah, he was actually
     
    2 going to be my first witness. In addition to
     
    3 the mayor, Vaughan & Bushnell actually
     
    4 contacted Northern Burlington Railroad, which
     
    5 is one of the trains that goes through this
     
    6 town of Bushnell, and we were told a number
     
    7 of 35.
     
    8 HEARING OFFICER KNITTLE: Okay. But
     
    9 the mayor says it's -- let's swear you in.
     
    10 I'm sorry, sir.
     
    11 Could you swear him in, please?
     
    12 THE REPORTER: Sure.
     
    13 HEARING OFFICER KNITTLE: Not that the
     
    14 mayor of Bushnell doesn't say anything but
     
    15 the truth.
     
    16 (Laughter.)

     
    17 (Witness sworn.)
     
    18 MR. RUSSELL: Now, to get your
     
    19 question, we just talked -- they had talked
     
    20 about closing a crossing here, so we just had
     
    21 a conference with them and we talked and
     
    22 that, but average time, I think, 35 to 40,
     
    23 but it seems like they're running now more
     
    24 like up in the 45 range.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    98
     
     
    1 CHAIRMAN GIRARD: How many of those
     
    2 trains come through, say, between midnight
     
    3 and 6:00 a.m.?
     
    4 MR. RUSSELL: It seems like every one
     
    5 of them.
     
    6 (Laughter.)
     
    7 We were just commenting we've got
     
    8 one guy that I think hits it at about
     
    9 3:00 o'clock and he lays on that horn from
     
    10 down there when he -- we have about five
     
    11 crossings and I don't think he ever takes his
     
    12 hand off of it, he just keeps on blowing it
     
    13 until he gets outside of town.
     
    14 I have relatives that come down
     
    15 from Chicago and they aren't used to it. And

     
    16 I live about a block and a half away from the
     
    17 tracks and they -- I guess their expression
     
    18 was I thought it was coming right through the
     
    19 window, you know. They jumped up -- startles
     
    20 them if you're not used to it. It's one of
     
    21 those things you try to get used to the best
     
    22 you can.
     
    23 The worse time is springtime, you
     
    24 open the windows and you're watching T.V. and
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    99
     
     
    1 that train starts in and you can't hear.
     
    2 You've got to do with your button to crank up
     
    3 the sound on your T.V. so you can hear it.
     
    4 So the trains are -- the noise definitely
     
    5 impacts Bushnell from the trains.
     
    6 HEARING OFFICER KNITTLE: And they
     
    7 come through at night as well it sounds like?
     
    8 MR. RUSSELL: Twenty-four hours a day.
     
    9 You know, Galesburg is one of the biggest
     
    10 hubs around here, so they're sending -- we
     
    11 have all kinds of coal trains that come
     
    12 through and steel.
     
    13 CHAIRMAN GIRARD: Thank you.
     
    14 MR. PELPHREY: Mr. Mayor, did you

     
    15 prepare testimony for today?
     
    16 MR. RUSSELL: Yes, I did.
     
    17 MR. PELPHREY: Can you present that
     
    18 testimony to the Board and to the public?
     
    19 MR. RUSSELL: Okay. Vaughan &
     
    20 Bushnell Manufacturing Company is a major
     
    21 employer for the city of Bushnell. They
     
    22 employ, as you heard earlier testimony, close
     
    23 to 300 people and are looking to expand with
     
    24 the increase demand for their product.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    100
     
     
    1 The city of Bushnell is in need of
     
    2 job opportunities since over 50 percent of
     
    3 the Bushnell Prairie City School students
     
    4 qualify for free or reduced lunches. I think
     
    5 the elementary was at 59, so there's a big
     
    6 demand for jobs in our area.
     
    7 The city of Bushnell has just been
     
    8 accepted into the enterprise zone in
     
    9 McDonough County in hopes to have existing
     
    10 businesses expand and attract new businesses.
     
    11 It is our hope that Vaughan & Bushnell as
     
    12 well as other manufacturers will see the
     
    13 enterprise zone as an opportunity to expand

     
    14 their businesses and bring more jobs to
     
    15 Bushnell.
     
    16 We would hate to see Vaughan &
     
    17 Bushnell have to move to another location
     
    18 when the city of Bushnell is in need of job
     
    19 opportunities. The Bushnell city council and
     
    20 myself, when it was brought to our attention
     
    21 at a city council meeting, unanimously were
     
    22 in favor of the request of Vaughan & Bushnell
     
    23 to increase their hours to meet the demands
     
    24 for their products.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    101
     
     
    1 HEARING OFFICER KNITTLE: Any
     
    2 questions?
     
    3 CHAIRMAN GIRARD: Have you ever had
     
    4 any noise complaints from any citizens about
     
    5 the plant?
     
    6 MR. RUSSELL: I've been an alderman
     
    7 for two years and a mayor for one and have
     
    8 yet to have one complaint. No, I have not.
     
    9 CHAIRMAN GIRARD: Thank you.
     
    10 HEARING OFFICER KNITTLE: Thank you
     
    11 sir.
     
    12 MR. PELPHREY: I have additional

     
    13 testimony of a city attorney, a state
     
    14 representative, a CEO of Farmers & Merchants
     
    15 Banks, two local residents as well as a city
     
    16 councilman as well as Ron Miller from Vaughan
     
    17 & Bushnell that I'd like to present. If you
     
    18 would prefer that I swore all of them in at
     
    19 the same time and have them provide their
     
    20 testimony in a joint manner, that's fine with
     
    21 me.
     
    22 HEARING OFFICER KNITTLE: Okay. Let's
     
    23 swear everybody in. Can you guys raise your
     
    24 hands or something so we know who's being
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    102
     
     
    1 sworn in?
     
    2 (Witnesses sworn.)
     
    3 MR. PELPHREY: I would like to first
     
    4 have Steve Holland stand up, give his name,
     
    5 his position, and if he has prepared
     
    6 testimony today, to provide that testimony.
     
    7 MR. Holland: Yes, I have. My name is
     
    8 Steve Holland. I'm the president of the
     
    9 Bushnell Economic Development Corporation.
     
    10 I've also been city attorney for about
     
    11 30 years and I'm speaking today actually on

     
    12 behalf of the Bushnell Economic Development
     
    13 Corporation in support of the proposal of
     
    14 Vaughan & Bushnell to be allowed to operate
     
    15 its forging shop on a 24-hour per day basis.
     
    16 What I'm going to say is
     
    17 redundant, I realize that, but it's a very
     
    18 important business for our town, you know,
     
    19 we're very fortunate. For a town of our size
     
    20 of about 3,200, we've got about 550
     
    21 manufacturing jobs and of those Vaughan &
     
    22 Bushnell is by far the largest and any
     
    23 reduction in their employment would have a
     
    24 major impact on the city of Bushnell.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    103
     
     
    1 We do not have zoning in Bushnell,
     
    2 but if you look at the map that was over
     
    3 here, Exhibit C, if we had an industrial area
     
    4 or industrial zoning, it would be that area,
     
    5 it's all primarily manufacturing. They
     
    6 talked earlier about some of the houses that
     
    7 had been removed and behind two and three,
     
    8 20 years ago there would have been houses
     
    9 there, but now it's where our water tower is
     
    10 located.

     
    11 We've talked about trains. I
     
    12 think the numerous trains on the Burlington
     
    13 Northern track with their constant whistles,
     
    14 as you've heard, have a far -- bigger
     
    15 negative impact on the city than what
     
    16 Vaughan & Bushnell would ever do.
     
    17 Again, Bushnell Economic
     
    18 Development totally supports the request of
     
    19 the hammer factories, as we call it here in
     
    20 town. Besides the number of jobs, the hammer
     
    21 factory has been a great corporate citizen.
     
    22 They donate to every request that comes along
     
    23 and, obviously, it's very important for us to
     
    24 have them as part of our community.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    104
     
     
    1 Thank you.
     
    2 HEARING OFFICER KNITTLE: He might be
     
    3 a better person. In your 30 years as city
     
    4 attorney, have you had any complaints
     
    5 regarding the Vaughan & Bushnell drop forge
     
    6 facility?
     
    7 MR. HOLLAND: You know, I can't
     
    8 remember back 30 years ago, but as a general
     
    9 statement, no. And my office is located just

     
    10 a block north of where that map stops and,
     
    11 you know, the bigger complaint we always have
     
    12 is with the trains. You know, the hammer
     
    13 factor, if there's a problem -- it's not a
     
    14 problem if it's a noise at the sound of
     
    15 money. I mean, it's an important part of our
     
    16 community.
     
    17 HEARING OFFICER KNITTLE: Thank you
     
    18 sir.
     
    19 MR. PELPHREY: I would also like to
     
    20 present the testimony of Richard P. Myers,
     
    21 state representative for the 94th legislative
     
    22 district.
     
    23 MR. MYERS: Good morning, gentlemen,
     
    24 Mr. Knittle, acting Chairman Girard, and
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    105
     
     
    1 Member Johnson, it's a pleasure to be here
     
    2 this morning. I am here today -- first of
     
    3 all, let me say I am state representative
     
    4 Rich Myers from Colchester. I represent the
     
    5 94th representative district, which includes
     
    6 Bushnell, and have represented Bushnell and
     
    7 the residents of Bushnell for the last
     
    8 12 years.

     
    9 I am here today to support a
     
    10 proposal of the amendment to a site-specific
     
    11 rule by the Vaughan & Bushnell company.
     
    12 Vaughan & Bushnell is an integral part of the
     
    13 economy of Bushnell, McDonough County, and
     
    14 indeed the entire region. They have operated
     
    15 in Bushnell, Illinois for many years, as you
     
    16 have previously heard, and have been a good
     
    17 corporate citizen and neighbor to the people
     
    18 of Bushnell.
     
    19 Bushnell, Illinois has a very
     
    20 diverse industrial base with at least five
     
    21 factories and several hundred employees,
     
    22 maybe several thousand employees. This
     
    23 diversity is important to maintaining the
     
    24 employment level and economy of the area.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    106
     
     
    1 Vaughan & Bushnell's request for an amendment
     
    2 will allow them to increase employment
     
    3 further adding to the base and stability of
     
    4 the economy.
     
    5 Recent departures by several
     
    6 companies in the Galesburg area have had a
     
    7 negative impact on Galesburg and the larger

     
    8 surrounding area. Other communities such as
     
    9 Bushnell, Macomb, and Monmouth, have seen
     
    10 various opportunities to counter the
     
    11 Galesburg situation and provide opportunities
     
    12 for the entire region.
     
    13 And to continue on with questions
     
    14 that have been asked before regarding
     
    15 complaints, in the 12 years that I've been
     
    16 representative of this district, as you
     
    17 probably well imagine, my office gets
     
    18 numerous complaints regarding noise, air
     
    19 pollution, whether it be smell or dust or
     
    20 various other things.
     
    21 I have had noise pollution
     
    22 complaints regarding road building, I have
     
    23 had noise pollution complaints regarding the
     
    24 power plant at Western Illinois University
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    107
     
     
    1 and asphalt plant in the area, I've had air
     
    2 pollution complaints, but never once have I
     
    3 received any complaints from anybody in the
     
    4 Bushnell community regarding the hammer
     
    5 factory or any other operations within the
     
    6 Bushnell area.

     
    7 From my experience regarding
     
    8 Bushnell, it's a very supportive community
     
    9 that supports everything within it, whether
     
    10 it's education, museums, cultural aspects or
     
    11 the industrial base within Bushnell, it's
     
    12 very supportive and I urge you to give every
     
    13 consideration to their request for this
     
    14 amendment.
     
    15 HEARING OFFICER KNITTLE: Thank you,
     
    16 sir.
     
    17 MR. MYERS: Thank you.
     
    18 HEARING OFFICER KNITTLE: Thank you
     
    19 for your time.
     
    20 Does anybody have any questions?
     
    21 (No verbal response.)
     
    22 MR. PELPHREY: Next I'd like to
     
    23 present Michael Steelman. He's CEO for the
     
    24 Farmers & Merchants Bank.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    108
     
     
    1 MR. STEELMAN: Do you want me to
     
    2 stand, is that all right?
     
    3 MR. PELPHREY: That's fine.
     
    4 MR. STEELMAN: Very good. Thank you.
     
    5 Thank you so much for being here

     
    6 today. It is very important for our
     
    7 community. My name is Michael Steelman,
     
    8 S-T-E-E-E-L-M-A-N. I'm the chairman and CEO
     
    9 of Farmers & Merchants State Bank of
     
    10 Bushnell. We're a community bank. We've
     
    11 been located in Bushnell since 1913. I
     
    12 haven't been here that entire time.
     
    13 I'm also the secretary and
     
    14 director of the Bushnell Economic Development
     
    15 Corporation. I've lived here since 1955.
     
    16 Our bank is located about three blocks from
     
    17 the manufacturing plant, so we're very close.
     
    18 We're neighbors to Vaughan & Bushnell.
     
    19 We're also close to the Archer
     
    20 Daniels plant that was referred to earlier in
     
    21 the testimony and right across the street
     
    22 from another manufacturing plant. A central
     
    23 goal of the Economic Development Corporation
     
    24 is the retention and growth of the businesses
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    109
     
     
    1 that we have in town and particularly our
     
    2 largest employer is the manufacturing
     
    3 businesses.
     
    4 The Bushnell Economic Development

     
    5 Corporation has always worked very closely
     
    6 with Vaughan & Bushnell Manufacturing
     
    7 Company. The economic well being of Vaughan
     
    8 & Bushnell is central to the city of Bushnell
     
    9 and its citizens. I'm sure you've noticed or
     
    10 you've learned by now that Bushnell has a
     
    11 unique mix of commercial and retail
     
    12 businesses all within about a six-block area
     
    13 of downtown Bushnell.
     
    14 The manufacturing plants are
     
    15 located basically in the downtown area as
     
    16 well as retail businesses and it's always
     
    17 been that way. We have no applicable zoning
     
    18 laws, as the city attorney pointed out,
     
    19 regarding the commercial retail residential
     
    20 areas of the city.
     
    21 The trains that have been referred
     
    22 to: The Burlington Northern Santa Fe
     
    23 Railroad operates two tracks that are
     
    24 directly through the heart of the city of
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    110
     
     
    1 Bushnell, and you've already heard that there
     
    2 are numerous trains passing directly through
     
    3 the city on a daily basis.

     
    4 One thing I will add and that is
     
    5 because of two tracks that are in the city,
     
    6 we're really a glorified switchyard, so
     
    7 there's a train sitting at one end of town
     
    8 waiting to go through town, which means that
     
    9 trains go through town excruciatingly slowly,
     
    10 blowing the horn the entire time. And we
     
    11 also have the TP & W tracks that are passing
     
    12 through the downtown area.
     
    13 The bank and the Economic
     
    14 Development Corporation fully support the
     
    15 proposal for the operation of three shifts at
     
    16 Vaughan & Bushnell's forge shop on a 24-hour
     
    17 basis, and we truly believe that the
     
    18 operation of the forge shop is going to be
     
    19 much less intrusive than the enumerable
     
    20 trains that pass directly through the heart
     
    21 of our city on a daily basis.
     
    22 The sounds of forging, which, if
     
    23 ever heard and certainly rarely heard, are
     
    24 the economic heartbeat of this city. So we
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    111
     
     
    1 fully support the proposal and I hope you
     
    2 will give it all due consideration. Thank

     
    3 you very much.
     
    4 HEARING OFFICER KNITTLE: Thank you,
     
    5 sir.
     
    6 MR. PELPHREY: Thank you, Michael.
     
    7 Next I have the testimony of
     
    8 Don Swartzbaugh. He's the president of the
     
    9 Chamber of Commerce here at the city of
     
    10 Bushnell.
     
    11 MR. SWARTZBAUGH: For the sake of not
     
    12 being redundant, the Chamber fully supports
     
    13 the proposal and the commitment and hope for
     
    14 your consideration.
     
    15 HEARING OFFICER KNITTLE: Thank you,
     
    16 sir.
     
    17 MR. PELPHREY: Thank you, Don.
     
    18 Next I have the testimony of Daniel
     
    19 Roberts. He's actually a local resident of
     
    20 Bushnell. And in fact it's my understanding
     
    21 that Mr. Roberts is located -- his house is
     
    22 located at location eight on Exhibit C to the
     
    23 proposal.
     
    24 MR. ROBERTS: I live in this house
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    112
     
     
    1 right here (indicating).

     
    2 MR. PELPHREY: That's the second house
     
    3 down --
     
    4 MR. ROBERTS: The second house down
     
    5 from the mobile home, it says, on the eastern
     
    6 side of it.
     
    7 MR. PELPHREY: It's the corner of
     
    8 Dean and -- what's that street?
     
    9 MR. ROBERTS: There's just an alley
     
    10 there.
     
    11 MR. PELPHREY: Okay.
     
    12 MR. ROBERTS: I'm Daniel J. Roberts.
     
    13 I'm employed by Test, Incorporated and we
     
    14 operate the water and waste water treatment
     
    15 plants here in town. I have lived at
     
    16 123 South Dean Street for the past 18 years.
     
    17 I was approached to come to this
     
    18 hearing and told that Vaughan was running the
     
    19 third shift and I hadn't noticed any
     
    20 additional hammer activity. They have been
     
    21 running it for many weeks, so I have no
     
    22 objection. It doesn't impact us at all.
     
    23 There are many other sources of sound and
     
    24 most of those have been covered, so that's
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    113
     

     
    1 all I have.
     
    2 HEARING OFFICER KNITTLE: Thank you,
     
    3 Dan.
     
    4 MR. PELPHREY: Next we have the
     
    5 testimony of Mike Howell. He's a city
     
    6 councilman.
     
    7 MR. HOWELL: I'm Mike Howell and, as
     
    8 he said, I'm an alderman here in the city of
     
    9 Bushnell, and fortunately, I have another
     
    10 opportunity, that I am employed by Vaughan &
     
    11 Bushnell. And I do believe that if we do not
     
    12 get this extra time that we can manufacture
     
    13 forgings that it will impair us on being able
     
    14 to keep the process going throughout our
     
    15 plant. Also, it will impair us from having a
     
    16 sufficient amount of shippable goods.
     
    17 Now, Vaughan has always been, like
     
    18 everybody has repeated before, a good partner
     
    19 with Bushnell, and I think that without this
     
    20 manufacturing facility as a partner that it
     
    21 would greatly impact our economy here in
     
    22 Bushnell.
     
    23 So, therefore, I would appreciate
     
    24 you all granting this variance for Bushnell
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     

    114
     
     
    1 so that we can keep striving here in
     
    2 Bushnell. Thank you.
     
    3 HEARING OFFICER KNITTLE: Thank you,
     
    4 sir.
     
    5 MR. PELPHREY: Thank you, Mike.
     
    6 I've also got some testimony of
     
    7 Justin Hood. He's a local resident of the
     
    8 city of Bushnell, and in fact he resides at
     
    9 location three on Exhibit C to the proposal,
     
    10 the house immediately on the corner of Davis
     
    11 and Dean.
     
    12 MR. HOOD: As the man just said, I'm
     
    13 Justin Clark Hood. I live at location number
     
    14 three. I've lived there for approximately
     
    15 five and a half years. I have a family of
     
    16 four. There has been no noticeable
     
    17 difference in the running of the hammers
     
    18 since they have been.
     
    19 We go to bed between 8:00 and
     
    20 10:00 consecutively every night. We get up
     
    21 at about 5:00, 6:00 in the morning and
     
    22 there's no difference of when they run and
     
    23 when they don't run. There's not any
     
    24 excessive noise that comes from the forgings.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     

     
     
    115
     
     
    1 There are plenty of other sources of noise in
     
    2 the area from the other manufacturers as well
     
    3 as the FS plant.
     
    4 MR. JOHNSON: And four kids.
     
    5 MR. HOOD: And four kids, that's
     
    6 right.
     
    7 (Laughter.)
     
    8 I sleep all night and the only thing
     
    9 that wakes me up is, dad, I've got to go to
     
    10 the bathroom or I need a drink. So other
     
    11 than that, I agree with everything that
     
    12 everybody else has said. It is a great thing
     
    13 to have in town.
     
    14 I live right across the street and
     
    15 when the guys go out on break in the summer,
     
    16 the kids go over. We talk to them and we
     
    17 interact with them. The guys get along with
     
    18 us, we get along with everybody. We even
     
    19 shared grilling out sometimes, so it's a good
     
    20 thing. It's kind of like maybe a
     
    21 neighborhood security watch almost sometimes,
     
    22 but I believe that's it. Thank you.
     
    23 MR. PELPHREY: Thank you, Justin.
     
    24 And finally, I have the testimony of
     
     
     
     
     

    L.A. REPORTING (312) 419-9292
     
     
     
    116
     
     
    1 Ron Miller from Vaughan & Bushnell. He has
     
    2 brought some demonstrations for you.
     
    3 MR. MILLER: If I may just kind of sum
     
    4 up a little bit of why we're here, I think
     
    5 manufacturers in this country -- we are one
     
    6 obviously -- are facing tremendous
     
    7 challenges. Those challenges are primarily
     
    8 associated with third world countries,
     
    9 becoming much more capable of manufacturing
     
    10 products than they were 20 years ago, and I
     
    11 want to kind of tell that story a little bit
     
    12 with these two tools (indicating).
     
    13 This tool is a big framing hammer,
     
    14 a 21-ounce head. The unique part about it
     
    15 for us is this curved fiberglass handle. We
     
    16 introduced this in 2003. We sold it to
     
    17 Home Depot and Lowe's and it was doing quite
     
    18 well. No one else had this curved handle.
     
    19 The manufacturing process of this
     
    20 is a little unique and we'll go into that.
     
    21 But in late 2005, we were told by Lowe's and
     
    22 Home Depot that they were going to
     
    23 discontinue it and we said, why, this is
     
    24 selling great? They said to us that they had
     
     
     

     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    117
     
     
    1 a margin enhancement opportunity.
     
    2 And to make a long story short,
     
    3 they replaced this handle with a -- they
     
    4 replaced this hammer with a hammer made by
     
    5 Stanley Tools. Stanley Tools is a competitor
     
    6 of ours, headquartered in Newark,
     
    7 Connecticut. They do not manufacture a
     
    8 single hand tool in the United States
     
    9 anymore.
     
    10 They closed up their Shelbyville,
     
    11 Tennessee plant about five years ago and most
     
    12 of their products are coming out of Mexico,
     
    13 Taiwan, and China. There's no question that
     
    14 they can make this product cheaper than we
     
    15 can, but what we need to do as manufactures
     
    16 is be as efficient as we can in every single
     
    17 operation.
     
    18 A forge plant that shuts down ten
     
    19 furnaces for four or five hours, restarts
     
    20 them prior to the next shift, heats that iron
     
    21 back up, is inefficient, there's no question
     
    22 about it. I'm sure you guys wouldn't
     
    23 question that. We just have to remain
     
    24 competitive. We have to be efficient, do
     

     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    118
     
     
    1 everything we can do.
     
    2 We can buy this head elsewhere,
     
    3 bring it over here, assemble it, there's no
     
    4 question, but we don't want to do that. We
     
    5 have this little sticker on here that says:
     
    6 Proud to say made in USA. That's what
     
    7 Vaughan & Bushnell is all about.
     
    8 This tool, one of the guys
     
    9 referred to it earlier, this is a Japanese
     
    10 pry bar. Why it is unique to Japan, I don't
     
    11 know, but we sold 550,000 of these last year.
     
    12 That is a tremendous amount of forgings. We
     
    13 are tooled up with this and have an
     
    14 opportunity to sell these to Sears.
     
    15 Sears Craftsman only will allow a
     
    16 made in USA product, so we need to make these
     
    17 in this country for them to take it. We
     
    18 don't have the capacity to do that, no
     
    19 question. To make 550,000 of these, it would
     
    20 take two drop hammers on a single shift.
     
    21 By adding a third shift, we can do
     
    22 it, and that is why we're here today to
     
    23 request your deliberation and hopefully a
     

    24 positive response on our request for a
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    119
     
     
    1 modification to our site-specific rule.
     
    2 HEARING OFFICER KNITTLE: Thank you,
     
    3 sir.
     
    4 MR. MILLER: I have nothing more.
     
    5 HEARING OFFICER KNITTLE: Anything
     
    6 further, any questions?
     
    7 MR. JOHNSON: You are going to
     
    8 introduce those as evidence, right?
     
    9 (Laughter.)
     
    10 MR. MILLER: I can for (inaudible) --
     
    11 HEARING OFFICER KNITTLE: Thank you.
     
    12 Anymore witnesses, Mr. Pelphrey?
     
    13 MR. PELPHREY: That's it.
     
    14 HEARING OFFICER KNITTLE: I want to
     
    15 note for the record that we have -- and I
     
    16 failed to mention this in the beginning -- a
     
    17 significant number of citizens here today. I
     
    18 think, anywhere upwards of 20 to 25 people
     
    19 have been at the hearing today.
     
    20 And I do want to note from the
     
    21 Board's perspective that we really do
     
    22 appreciate everybody's time and we can see
     

    23 how important it is for this community, how
     
    24 important it is for everyone here who has
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    120
     
     
    1 taken the time to come here today and show us
     
    2 that. So we do appreciate that and we
     
    3 acknowledge it and we'll take it as seriously
     
    4 as it is to you.
     
    5 So I want to go off the record for
     
    6 just a second, can we do that?
     
    7 THE REPORTER: Sure.
     
    8 (Whereupon, a discussion
     
    9 was had off the record.)
     
    10 HEARING OFFICER KNITTLE: We're back
     
    11 on the record after an off-the-record
     
    12 discussion. We've agreed -- the court
     
    13 reporter has informed us that the transcript
     
    14 of this proceeding will be ready on
     
    15 March 15th. Public comments for the
     
    16 proceeding will be due on April 17th.
     
    17 As Mr. Anand Rao noted off the
     
    18 record, the Board does have a web site and
     
    19 the transcript of today's hearing as well as
     
    20 any other documents will be available and
     
    21 that's at www.ipcb.state.il.us. Any previous
     

    22 Board order or hearing officer order will
     
    23 also be available at this site.
     
    24 And if anyone has any questions
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    121
     
     
    1 about it, they can call me or I would assume
     
    2 anyone at the Board, but I would probably be
     
    3 the best person to call about this. My phone
     
    4 number is (217) 278-3111. I want to thank
     
    5 everybody for their time -- before we go,
     
    6 Mr. Pelphrey, do you have any closing
     
    7 statement you want to make?
     
    8 MR. PELPHREY: I have not prepared a
     
    9 closing statement. I just wanted to open it
     
    10 up if there's any other comments from the
     
    11 public today. If they have anything else to
     
    12 say or add, feel free to do so.
     
    13 HEARING OFFICER KNITTLE: That's a
     
    14 fine point. If anyone has anything they want
     
    15 to say, we're always eager to hear it.
     
    16 Mr. Gurnik from the EPA, do you
     
    17 have anything you want to add at this point
     
    18 in time?
     
    19 MR. GURNIK: Nothing.
     
    20 MR. NORTON: I have a short tidbit.
     

    21 HEARING OFFICER KNITTLE: Sure. Can
     
    22 you identify yourself?
     
    23 MR. NORTON: Dave Norton, Alderman.
     
    24 I've been living in Bushnell since 1978. I
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    122
     
     
    1 have a place of business that I operate here
     
    2 that's approximately two blocks from Vaughan.
     
    3 I'm across the tracks, so I'm 200 feet from
     
    4 the railroad track. I sit in my office on a
     
    5 daily basis and as trains go through town,
     
    6 light fixtures in my office rattle, windows
     
    7 rattle and you hear the whistle blow, but I
     
    8 never hear Vaughan's hammers, so that's it.
     
    9 HEARING OFFICER KNITTLE: Thank you
     
    10 very much.
     
    11 Anybody else?
     
    12 MR. EVANS: My name is Merlin Evans --
     
    13 THE REPORTER: I'm sorry, can you
     
    14 repeat your name?
     
    15 MR. EVANS: Merlin, M-E-R-L-I-N, like
     
    16 the magician.
     
    17 I live right across from number
     
    18 two there (indicating). I've lived there for
     
    19 16 years and --
     

    20 MR. PELPHREY: Let's swear you in.
     
    21 HEARING OFFICER KNITTLE: Did you
     
    22 raise your hand when we swore you in the
     
    23 first time?
     
    24 (Simultaneous colloquy.)
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    123
     
     
    1 MR. PELPHREY: Merlin, you said your
     
    2 location is location two on the map?
     
    3 MR. EVANS: Yeah, the house on the
     
    4 corner there right across from the --
     
    5 MR. PELPHREY: Right. That's location
     
    6 two on Exhibit C to the proposal. Okay.
     
    7 MR. EVANS: I lived there for 16
     
    8 years. And like everybody already said, the
     
    9 trains are the worst and plus I could feel
     
    10 the vibration of the noise from Norforge, but
     
    11 we can't feel any from the Vaughan &
     
    12 Bushnell. That's all I've got.
     
    13 HEARING OFFICER KNITTLE: Thank you,
     
    14 sir.
     
    15 MR. NORTON: Norforge has the much
     
    16 larger hammers running.
     
    17 HEARING OFFICER KNITTLE: We have one
     
    18 more gentleman.
     

    19 Sir, can you identify yourself?
     
    20 MR. CAMERON: I'm Bill Cameron.
     
    21 HEARING OFFICER KNITTLE: Were you
     
    22 sworn in previously?
     
    23 MR. CAMERON: Yes.
     
    24 HEARING OFFICER KNITTLE: Okay.
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    124
     
     
    1 MR. CAMERON: And I live right next to
     
    2 Mr. Roberts and I've lived there for
     
    3 three years and I've never had any trouble
     
    4 with the drop hammers. I've lived on the
     
    5 other side of the track about two blocks away
     
    6 right next to ADM and I've lived there for
     
    7 26 or 28 years and I've never had any
     
    8 problems with any noise from the drop
     
    9 hammering, vibrations or anything.
     
    10 HEARING OFFICER KNITTLE: Well, thank
     
    11 you very much.
     
    12 Again, thank you all very much.
     
    13 We appreciate your time and attention to
     
    14 this. Are there any other matters that need
     
    15 to be addressed at this time?
     
    16 (No verbal response.)
     
    17 Seeing none, I would like to thank
     

    18 everybody for participating and this hearing
     
    19 is adjourned.
     
    20 (Which were all the proceedings
     
    21 had in the above-entitled cause
     
    22 on this date.)
     
    23
     
    24
     
     
     
     
     
    L.A. REPORTING (312) 419-9292
     
     
     
    125
     
     
    1 STATE OF ILLINOIS )
    ) SS.
    2 COUNTY OF KANE )
     
    3
     
    4
     
    5 I, MARIA E. SHOCKEY, CSR, do
     
    6 hereby state that I am a court reporter doing
     
    7 business in the City of Chicago, County of Cook, and
     
    8 State of Illinois; that I reported by means of
     
    9 machine shorthand the proceedings held in the
     
    10 foregoing cause, and that the foregoing is a true
     
    11 and correct transcript of my shorthand notes so
     
    12 taken as aforesaid.
     
    13
     
    14
     
    15 _____________________
    Maria E. Shockey, CSR
    16 Notary Public,
    Kane County, Illinois

    17
     
    18 SUBSCRIBED AND SWORN TO
    before me this ___ day
    19 of ________, A.D., 2006.
     
    20
    _________________________
    21 Notary Public
     
    22
     
    23
     
    24
     
     
     
     
     
    L.A. REPORTING (312) 419-9292

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