ORIGINAL
ILLINOIS POLLUTION CONTROL BOARD
April 4, 2006
IN THE MATTER OF :
)
PROPOSAL OF VAUGHAN & BUSHNELL )
R06-11
MANUFACTURING COMPANY OF
) (Rulemaking -Noise)
AMENDMENT TO A SITE-SPECIFIC RULE )
35 ILL, ADM. CODE 901 .121
)
RE
CEOVI
ED
APR 0 4 2006
STATE OF
ILLINOIS
~olluh1T
Control Board
On March 7, 2006, a hearing was held in this matter at City Hall, 138 Hail Street,
Bushnell, McDonough County. Mr. Jeremy M. Pelphrey appeared and participated on behalf of
the petitioner. Mr. Mark V. Gumik appeared and participated on behalf of the Illinois
Environmental Protection Agency (Agency)
.
The petition offered the testimony of three witnesses at the hearing : Dan Chambers,
Butch Morning, and Mike Havens. In addition, twelve members of the public provided public
comment at the hearing. The transcript was received at the Board on March 15, 2006 . Public
comments are due on or before April 17, 2006 . Two exhibits were offered at the hearing. A
summary of the exhibits offered at hearing and their disposition is contained in the attached
exhibit list .
At hearing, the petitioner was directed to respond to a number of issues . The petitioner
asserted that it would address the aforementioned issues in a post-hearing comment . Also at
hearing, the petitioner and the Agency were asked if there would be any objection to the
incorporation of the record from the Board rulemaking that first promulgated the rule the
petitioner is seeking to amend in the instant petition
. See R83-32, Vaughn & Bushnell
Manufacturing Petition for a Site-Specific Operational Level Pursuant to 35 Ill. Adm. Code 901
105(d) . Neither the petitioner nor the Agency objected, and pursuant to 35 Ill . Adm. Code
101.306, the record of R83-32 was incorporated by reference
.
One additional hearing addressing the Board's January 24, 2006 request that the
Department of Commerce and Economic Opportunity conduct an economic impact study for the
rulemaking will be scheduled and held according to Board regulation in the near future . Once
the public comment period expires, the Board will review the record and consider the proposal
.
Questions concerning the status of the rulemaking should be addressed to the hearing officer or
Nancy Miller at (217) 278-3109 .
In compliance with the Americans with Disabilities Act and other applicable federal and State laws . the hearing will lie accessible to individuals with
disabilities. Persons requiring auxiliary aids and services should contact Dorothy Ciunn, Clerk of the Board, at 100 West Randolph St ., Suite 11-500.
Chicago. Illinois 60601, at telephone number :312/814-6931, fax number 312/814-3669 . or TUD number 312/814-6032, five days prior to the
hearing .
IT IS SO ORDERED .
2
I,/
Jo
Knittle
earing Officer
Illinois Pollution Control Board
2125
South First Street
Champaign, Illinois
61820
(217) 278-3109
R06-11
Hearing of March 7, 2006
3
Exhibit List
Exhibit
Description
Status
Exhibit 1
Shop Diagram
Admitted
Exhibit 2
Carroll Industrial Ventilation Report
Admitted
CERTIFICATION OF SERVICE
It is hereby certified that a true copy of the foregoing order was mailed, first class,
to each of the following on April 4, 2006
:
Mark Gurnik
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Jeremy M. Pelphrey
Davis & Campbell, L.L.C .
401 Main Street,
Suite 1600
Peoria, Illinois 61602
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St .,
Suite. 11-500
Chicago, Illinois 60601
Matthew J. Dunn
Division Chief of Environmental
Enforcement
Office of the Attorney General
100 West Randolph Street, 12 th Floor
Chicago, Illinois 60601
William Richardson
Chief Legal Counsel
Illinois Department of Natural Resources
524 South Second Street
Springfield, Illinois 62701
rJ<
Jo
Knittle
earing Officer
Illinois Pollution Control Board
