ILLINOIS POLLUTION CONTROL BOARD
October 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
RECEIVED
)
CLERK'S OFFICE
NOTICE OF HEARING
OCT
0 4 2006
STATE OF ILLINOIS
DATE, TIME, AND PLACE
:
Pollution Control Board
OCTOBER 31, 2006
10:00 A.M
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY OFFICE BUILDING
ILLINOIS POLLUTION CONTROL BOARD HEARING ROOM
1021 NORTH GRAND AVENUE EAST, NORTH ENTRANCE
SPRINGFIELD, ILLINOIS
PURPOSE OF HEARING
: Merit and Economic
ATTENDING BOARD MEMBER
: Thomas E . Johnson
HEARING OFFICER:
John Knittle
HEARING OFFICER ORDER
Background
On October 20, 2005, the Board received a rulemaking proposal submitted by Vaughan &
Bushnell Manufacturing Company (V&B) that seeks a site-specific rule amending a previously
promulgated site-specific noise rule that would extend the allowable operational levels of its
forging facility located at the intersection of Davis and Main Streets, Bushnell in McDonough
County
. The Board accepted the proposal for hearing on December 1, 2005
.
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)
. At the hearing, it was noted that an additional
hearing addressing the Board's January 24, 2006 request that the Department of Commerce and
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Economic Opportunity (DCEO) conduct an economic impact study for the rulemaking would be
scheduled and held according to Board regulation
.
Hearing
This hearing will be held solely to fulfill the requirements of Section 27(b) of the
Environmental Protection Act (Act), (415 ILCS 5/27(b) (2004))
. Section 27(b) of the Act
requires the Board to request DCEO (formerly Department of Commerce and Community
Affairs) to conduct an economic impact study (EcIS) on certain proposed rules prior to adoption
of those rules
. If DCEO chooses to conduct the EcIS, they have 30 to 45 days after such request
to produce a study of the economic impact of the proposed rules
. The Board must then make the
EcIS, or DCEO's explanation for not conducting the study, available to the public at least 20
days before a public hearing on the economic impact of the proposed rules
.
On January 24, 2006, the Board requested that DCEO conduct an economic impact study
for the above-referenced rulemakings
. In a letter dated April 17, 2003, DCEO stated that it does
not have the financial resources to perform such analyses or to contract a private vendor for their
completion
. DCEO offered the April 17, 2003 letter as its formal response to all current and
future proposed Board rulemakings and DCEO's statutory obligation to perform an EcIS
. Both
letters are available for review at the Board's Chicago Office, James R
. Thompson Center, 100
West Randolph, Suite 11-500, Chicago, Illinois
.
IT IS SO ORDERED
.
John Knittle
Hearing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, Illinois 61820
(217) 278-3111
Mark Gurnik
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Jeremy M . Pelphrey
Davis & Campbell, L .L.C.
401 Main Street,
Suite 1600
Peoria, Illinois 61602
Dorothy M . Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St .,
Suite. 11-500
Chicago, Illinois 60601
SERVICE LIST
R06-11
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
One Natural Resource Way
Springfield, Illinois 62702
