NOTICE OF PROPOSED AMENDMENT
1)
Heading of the Part :
Sound Emission Standards and Limitations for Property Line-
Noise-Sources
2)
Code Citation :
35 Ill. Adm. Code Part 901
3)
Section Number
:
Proposed Action:
901
.121
Amend
4)
Statutory Authority
:
Implementing Section 25 and authorized by Section 27 of the
Environmental Protection Act [415 ILCS 5/25 and 27]
.
5)
A Complete Description of the Subjects and Issues Involved
: For a more complete
description of this proposal see the Board's July 20, 2006, order in
Proposal of Vaughan
& Bushnell Manufacturing Company of Amendment to a Site-Specific Rule 35 Ill
. Adm.
Code 901
.121 (R06-11)
. The Board is proposing site specific amendments to an existing
site-specific noise rule to allow the Vaughan & Bushnell Manufacturing Company
(V&B) to extend the operational levels of its forging facility located at the intersection of
Davis and Main Streets, Bushnell in McDonough County
. The proposed amendments
will allow V&B to operate 24-hours a day
.
The proposal is based on a request filed by V&B on October 20, 2005
. In its proposal for
the rulemaking and at the hearing in this rulemaking, V&B stated that it needed an
extension on its operational hours to allow it to operate a third shift at its facility
. V&B
stated that it produces hammers, hatchets, heavy striking tools, and pry bars, and has
contracts with distributors that require timely delivery of its products
.
In considering the character of the surrounding areas and land uses, the Board found that
the V&B facility is appropriately located in an area that is heavily industrial in nature,
and that the proposed amendments would not have an adverse environmental impact on
the area.
6)
Published studies or reports and sources of underlying data used to compose this
rulemaking:
None
7)
Will this rulemaking replace any emergency rulemaking currently in effect?
No
8)
Does this rulemaking contain an automatic repeal date?
No
9)
Does this rulemaking contain incorporations by reference?
No
ILLINOIS REGISTER
1
POLLUTION CONTROL BOARD
06
10)
11)
NOTICE OF PROPOSED AMENDMENT
Are there any other proposed rulemakings pending on this Part? No
Statement of Statewide Policy Objectives
: This proposed rule does not create or enlarge
a State mandate, as defined in Section 3(b) of the State Mandates Act
. [30 ILCS 805/3(b)
(2004)] .
12)
Time, Place, and Manner in which interested persons may comment on this proposed
rulemaking :
The Board will accept written public comment on this proposal for 45 days
after the date of publication in the
Illinois Register . Comments should reference Docket
R06-11 and be addressed to :
Clerk's Office
Illinois Pollution Control Board
100 W . Randolph St
., Suite 11-500
Chicago, IL 60601
Interested persons may request copies of the Board's opinion and order by calling
Dorothy Gunn at 312-814-3620, or download from the Board's Web site at
www .ipcb.state.il .us.
For more information contact John Knittle at 217/278-3111 or email at
knittlej@ipcb .state.il.us.
13)
Initial Regulatory Flexibility Analysis :
A)
Types of small businesses, small municipalities and not for profit corporations
affected:
While V&B does not qualify as a small business, it is the largest
employer in the city of Bushnell and last year paid $137,000,000 for water, gas
and electricity, as well as $39,000 in property taxes
. The mayor of Bushnell,
Steve Russell, represented the city of Bushnell at the Board's hearing in this
rulemaking
. At the hearing he stated that he and the Bushnell city council
unanimously were in favor of the request of V&B to increase their hours to meet
demand for their products
. Additionally, the Board received comments from the
president of the Bushnell Economic Development Corporation
; the State
Representative for the city of Bushnell, Richard P . Myers
; the Chairman and
Chief Executive Officer for Farmers & Merchants Bank of Bushnell
; the president
of the Bushnell Chamber of Commerce
; employees of V&B
; and residents of
Bushnell all in support of the proposed site-specific rulemaking
.
B)
Reporting, bookkeeping or other procedures required for compliance
: This
ILLINOIS REGISTER
2
POLLUTION CONTROL BOARD
06
ILLINOIS REGISTER
3
06
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
rulemaking does not propose any additional reporting or bookkeeping
requirements .
C)
Types of Professional skills necessary for compliance
: None
14)
Regulatory Agenda on which this rulemaking was summarized :
July 2006
The full text of the Proposed Amendment begins on the next page :
TITLE 35 : ENVIRONMENTAL PROTECTION
SUBTITLE H : NOISE
CHAPTER I :
POLLUTION CONTROL BOARD
PART 901
SOUND EMISSION STANDARDS
AND LIMITATIONS
FOR
PROPERTY LINE-NOISE-SOURCES
Section
901 .101
901 .102
901 .103
901 .104
901 .105
901
.106
901 .107
901 .108
901 .1 .09
901 .110
901 .111
901 .112
901
.113
901
.114
901 .115
901 .116
901 .117
901 .118
901 .119
901
.120
901 .121
Classification of Land According to Use
Sound Emitted to Class A Land
Sound Emitted to Class B Land
Highly - Impulsive Sound
Impact Forging Operations
Prominent Discrete Tones
Exceptions
Compliance Dates for Part
001901 .109901
Highly
-
Impulsive Sound from Explosive Blasting
Amforge Operational Level
Modern Drop Forge Operational Level
Wyman-Gordon Operational Level
Wagner Casting Site-Specific Operational Level (Repealed)
Moline Forge Operational Level
Cornell Forge Hampshire Division Site-Specific Operational Level
Forgings and Stampings, Inc
. Operational Level
Rockford Drop Forge Company Operational Level
Scot Forge Company
-
Franklin Park Division Operational Level
Clifford-Jacobs Operational Level
C .S
. Norcross Operational Level
Vaughan & Bushnell Operational
LcvclAPPENDIX AOld Rulc Numbers
901 122
Ameren Plain F m lit.v
Site-RnerificNoiseEmission
limitations
901,APPENDIX A
Old Rule Numherc Referenced
90l .APPRNnIX R
jaad-Based Classification Standards and Corresponding 35 Ill
.
Adm . Code 901 Land Classes
8533, effective August 10, 1981
; amended at 6 Ill . Reg
. 10960, effective
September 1, 1982
; codified at 7 Ill . Reg
. 13646 ; amended at 7 Ill
. Reg .
14519, effective October 17, 1983
; amended in R83-35 at 8 Ill
. Reg
. 18893,
effective September 25, 1984
; amended in R83-33, 26, 29, 30 and R83-34 at 9 Ill
.
Reg
. 1405, effective January 17, 1985
; Section 901
.105(f)(1), (2) and (3)
recodified to Sections 901
.110, 901 .111 and 901
.112 at 9 Ill . Reg
. 7147 ;
amended in R83-25, 31 and 32 at 9 Ill
. Reg
. 7149, effective May 7, 1985
;
amended in R83-7 at 11 Ill
. Reg
. 3136, effective January 28, 1987
; amended in
R04-i u at 28 Ill
. Reg . 11910, effective July 30, 2004
; amended in R03-9 at 30
Ill . Rcg
.Rea . 5533, effective March 10, 2006
; amended in R06-11 at 30 Ill
. Rcg .
Rea .
, effective - .
Section 901
.121
Vaughan & Bushnell Operational Level
AUTHORITY
:
Implementing Section 25 and authorized by Section 27 of the
Environmental Protection Act
[415 ILCS 5/25 and 27]
.
SOURCE
: Originally filed as Part 2 of Chapter 8
:
Noise Pollution, effective
August
10, 1973 ; amended at 2 Ill . Reg
. 27, p .
223, effective June 26,
1978 ;
amended
at 5 Ill . Reg . 6371, effective June 1,
1981
; amended at 5 Ill .
Reg
.
Vaughan &
Bushnell Manufacturing
Company and the future owners of the forging
facility located at the intersection of Davis and Main Streets, Bushnell,
Illinois, must comply with the following site-specific operational level
:
a) Operate no more than ten hammers at any one time
; and
b)
Operate ito forging hammers only between the hours of G
.00 ^ . and 1 :
a .m .
Monday through Saturday .
Vaughan & Bushnell may operate
twenty f ourjy
hours per day, Monday through Sunday
.
(Source : Amended at 30 Ill
. Reg .- ,
effective )
I
,T(AR350901-0613293rOI,
ILLINOIS RECICTER
POLLUTION CONTROL BOARD
NOTICE OF
PROPOCED AMENDMENTG
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JCAR350901-0613293r01
1
TITLE 35 : ENVIRONMENTAL PROTECTION
2
SUBTITLE H: NOISE
3
CHAPTER I
: POLLUTION CONTROL BOARD
4
5
PART 901
6
SOUND EMISSION STANDARDS AND LIMITATIONS
7
FOR PROPERTY LINE-NOISE-SOURCES
8
9
Section
10
901 .101
Classification of Land According to Use
11
901 .102
Sound Emitted to Class A Land
12 901 .103
Sound Emitted to Class B Land
13
901 .104
Highly-Impulsive Sound
14
901 .105
Impact Forging Operations
15
901 .106
Prominent Discrete Tones
16
901
.107
Exceptions
17
901 .108
Compliance Dates for Part 901
18
901
.109
Highly-Impulsive Sound from Explosive Blasting
19
901 .110
Amforge Operational Level
20 901 .111
Modern Drop Forge Operational Level
21 901 .112
Wyman-Gordon Operational Level
22
901 .113
Wagner Casting Site-Specific Operational Level (Repealed)
23
901 .114
Moline Forge Operational Level
24
901 .115
Cornell Forge Hampshire Division Site-Specific Operational Level
25
901 .116
Forgings and Stampings, Inc . Operational Level
26 901 .117
Rockford Drop Forge Company Operational Level
27
901 .118
Scot Forge Company
- Franklin Park Division Operational Level
28
901 .119
Clifford-Jacobs Operational Level
29
901 .120
C.S
. Norcross Operational Level
30
901 .121
Vaughan & Bushnell Operational Level
31
901 .122
Ameren Elgin Facility Site-Specific Noise Emission Limitations
32 901 .APPENDLX A
Old Rule Numbers Referenced
33 90LAPPENDIX B
Land-Based Classification Standards and Corresponding 35 Ill
. Adm
.
34
Code 901 Land Classes
35
36 AUTHORITY
: Implementing Section 25 and authorized by Section 27 of the Environmental
37
Protection Act [415 ILCS 5/25 and 27]
.
38
39
SOURCE
: Originally filed as Part 2 of Chapter 8
: Noise Pollution, effective August 10, 1973
;
40
amended at 2111 . Reg . 27, p
. 223, effective June 26, 1978 ; amended at 5 111
. Reg . 6371, effective
41
June 1, 1981 ; amended at 5 Ill
. Reg. 8533, effective August 10, 1981
; amended at 6111. Reg .
42
10960, effective September 1, 1982
; codified at 7111 . Reg
. 13646; amended at 7 Ill . Reg
. 14519,
43
effective October 17, 1983
; amended in R83-35 at 8 Ill
. Reg . 18893, effective September 25,
JCAR350901-0613293r01
44
1984
; amended in R83-33, 26, 29, 30 and R83-34 at 9111
. Reg
. 1405, effective January 17, 1985
;
45
Section 901
.105(f)(1), (2) and (3) recodified to Sections 901
.110, 901
.111 and 901
.112 at 9 Ill .
46
Reg. 7147 ; amended in R83-25, 31 and 32 at 9111
. Reg
. 7149, effective May 7, 1985
; amended in
47
R83-7 at 11 111 . Reg
. 3136, effective January 28, 1987
; amended in R04-11 at 28111
. Reg . 11910,
48
effective July 30, 2004
; amended in R03-9 at 30111
. Reg. 5533, effective March 10, 2006
;
49
50
amended in R06-11 at 30 Ill . Reg. ,
effective
51 Section 901
.121 Vaughan
& Bushnell Operational Level
52
53 Vaughan & Bushnell Manufacturing Company and the future owners of the forging facility
54
located at the intersection of Davis and Main Streets, Bushnell, Illinois, must comply with the
55
following site-specific operational level
:
56
57
a)
Operate no more than ten hammers at any one time ; and
58
59
b)
60
61
62
63
(Source
: Amended at 30 Ill . Reg. ,
effective )
Vaughan & Bushnell may operate 24 hours per day, Monday through
SundayOpcratc its forging hammorc only between tho hours
of 6:00 a.m.
and 1 :30
