RECEIVEDCLERK'S
OFFICE
AUG 0 / 2006
STATE OF ILLINOIS
OFFICE OF THE SECRETARY OF
STAI'tion
Control Board
JESSE WHITE • Secretary of State
08/04/2006
POLLUTION CONTROL BOARD
James R . Thompson Center 100 W. Randolph St ., Ste 11-500
Dorothy Gunn
CHICAGO, IL
60601
Dear Dorothy Gunn
Your rules Listed below met our codification standards and
have been published in
Volume
30, Issue 32 of the Illinois Register, dated 08/11/2006 .
PROPOSED RULES
Sound Emission Standards and Limitations for Property Line-Noise-sources
35 III . Adm . Code 901
Page 13293
Point Of Contact
:Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017 .
Index Department - Administrative Code Division
- 111 East Monroe Springfield, IL 62756
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
1)
Heading of the Part :
Sound Emission Standards and Limitations for Property Line-
Noise-Sources
2)
Code Citation
:
35111. Adm . Code Part 901
3)
Section Numbers :
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 35111
. 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 proposed rule replace an emergency rule currently in effect?
No
8)
Does this rulemaking contain an automatic repeal date? No
RECEIVED
JUL 2 8 2006
SOS-CODE DIV.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
9)
Does this proposed rule contain incorporations by reference? No
10)
Are there any other proposed rules pending on this Part? No
11) 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
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
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 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 Amendments begins on the next page
:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
TITLE 35
: ENVIRONMENTAL PROTECTION
SUBTITLE H : NOISE
CHAPTER 1 : POLLUTION CONTROL BOARD
PART 901
SOUND EMISSION STANDARDS AND LIMITATIONS FOR PROPERTY LINE-NOISE-
SOURCES
Section
901 .101
Classification of Land According to Use
901 .102
Sound Emitted to Class A Land
901 .103
Sound Emitted to Class B Land
901 .104
Highly
- Impulsive Sound
901 .105
Impact Forging Operations
901 .106
Prominent Discrete Tones
901 .107
Exceptions
901 .108
Compliance Dates for Part 901
901 .109
Highly - Impulsive Sound from Explosive Blasting
901 .110
Amforge Operational Level
901 .111
Modem Drop Forge Operational Level
901 .112
Wyman-Gordon Operational Level
901 .113
Wagner Casting Site-Specific Operational Level (Repealed)
901 .114
Moline Forge Operational Level
901 .115
Cornell Forge Hampshire Division Site-Specific Operational Level
901 .116
Forgings and Stampings, Inc . Operational Level
901 .117
Rockford Drop Forge Company Operational Level
901 .118
Scot Forge Company -
Franklin Park Division Operational Level
901 .119
Clifford-Jacobs Operational Level
901 .120
C .S. Norcross Operational Level
901 .121
Vaughan & Bushnell Operational Level
APPENDIX A
Old Rule Numbers Referenced
APPENDIX B Land-Based Classification Standards and Corresponding 35 111 . Adm .
Code 901 Land Classes
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 2111 . Reg . 27, p. 223, effective June 26, 1978 ; amended at 5 111. Reg. 6371,
effective June 1, 1981 ; amended at 5 111 . Reg . 853 3
. effective August 10, 1981 ; amended at 6
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Ill . Reg . 10960, effective September 1, 1982 ; codified at 7111 . Reg
. 13646
; amended at 7111
.
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 9111 . 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 l 1 111 . Reg . 3136
. effective January 28, 1987 ; amended in R04-
11, at 28 111 . Reg
. 11910, effective July 30, 2004 ; amended in R03-9 at 30111 . Reg.5533,
effective March 10, 2006; amended in R06-11 at 30111 . Reg. , effective
Section 901 .121
Vaughan & Bushnell Operational Level
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)
per day, Monday through Sunday
.
(Source: Amended at 30 111
. Reg.
Vaughan & Bushnell may operate twenty-four hours
. effective )
