Noise control at the federal level - Environmental Science

Noise control at the federal level. Alvin F. Meyer Jr. Environ. Sci. Technol. , 1975, 9 (12), pp 1025–1030. DOI: 10.1021/es60110a003. Publication Da...
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Some 38 agencies are involved in regulatory actions, hearing conservation programs, noise surveys, product certifications and hearing tests to reduce the decibel din in today’s world

Alvin F. Meyer, Jr. En vironmentaI Protection Agency Washington, D.C. 20460 Noise-induced hearing loss was observed centuries ago. in 1700, Ramazzini in De Morbis Arfificiurn Diatriba described how persons hammering copper “have their ears so injured by that perpetual din. . . that workers of this class became hard of hearing, and if they grow old at this work, completely deaf.” Today, because of the tremendous increases in mechanization in industry, transportation, and the home, excessive noise is an undesirable by-product of 20th century existence. Public Law 92-574, the Noise Control Act of 1972, requires the Environmental Protection Agency to report on the status and progress of all federal activities relating to noise research and control and to assess the contributions of each agency’s noise control programs to the federal government’s overall noise control efforts. Initial strategy Early in 1573, the EPA Office of Noise Abatement and Control (ONAC) called for a reduction in equivalent noise levels of 5 decibels (dB) by 1985. This strategy included regulatory actions by EPA and provisions of technical assistance in controlling noise to state and local governments through EPA regional offices. In 1974, it was revised and incorporated new information developed in conjunction with a “Levels Document” that identified levels of environmental noise needed to protect the public health and welfare with an adequate margin of safety. It also provided a basis for attempting a uniform overall assessment of the national impact of noise and the relative contributions from various product types to that impact. In this document, EPA identified a level of Lqi24) = 70 dB (an energy equivalent of 70 dB(A) over a 24-hr period) to protect against hearing loss with an adequate margin of safety. An estimated 13 million people presently reside in areas in which the Ldn (A-weighted, day-night sound level) exceeds 55 dB, the level at which undue interference with activity and annoyance will not occur. Major factors in this blend of community noise are such sources as vehicular traffic, aircraft operations, and construction site machinery.

EPA schedule Resources have been allocated for fiscal year 1976 for regulatory development and related activities to achieve a reduction from 13 million to less than 1 million in the population exposed to urban noise levels greater than 70 dB Leq(24) and by 1992 a reduction from 100 million to less than 40 million in the population exposed to urban noise levels above 55 dB Ldn.

Application of present technology and the utilization of results of current research are called for in the present strstegy. New product regulations where new technology will be applied are to be completed by 1982, Trucks are the single most important source of urban noise. The estimated turn-

over time for the majority of the nation’s truck population is approximately 10 years: for this reason, 1992 was selected as the target year for achieving these goals. Attainment of these goals will necessltate complementary activity by the Federal Aviation Administration to reduce aircraft noise, as well as state and local regulatory and enforcement action focusing on in-use controls for products and landuse planning and control. For the program to be fully effective, the in-use product contols must complement the federal standards for new products. It is also necessary that EPA assess the needs of state and local governments for federal technical assistance. As presently envisioned, this noise trend monitoring program will incorporate periodic nationwide site surveys, coupled with selected monitoring evaluations and the application of prediction modeling techniques.

Agency involvement Some 38 federal agencies responded to specific noise guidelines distributed by EPA, At this time, all basic or initial actions called for by the Act have been initiated. All mandates for rule making have received attention through implementing actions. Some of these actions have reached the state of

proposed and final rule-making by EPA; some-for aircraft nolse and nolse control in the workpiace-have resulted in the publication by EPA of regulatory proposals. In other actlons, products being considered for possible regulations have been taken under active study. Table 1 summarizes those provisions of the existing Labor Dept. (DOL) occupational noise exposure standard, its proposed revislon, and those recommended by NIOSH and EPA, which form the primary areas of disagreement between DOL and EPA. The current OSHA standard was originally adopted by the Department of the Interior for coal mines In 1970 and 1971, and in October 1974 by DOT for the Vehicle Interior Noise Standard for Interstate mutor carriers. EPA has advocated Volume 9, Number 12, November 1975

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that DOT should re-examine this standard in view of the EPA recommendations on the proposed revision to the OSHA standard. By Federal Register notice in August 1974, EPA consented to application of the extant OSHA standard to metal and nonmetallic mines on the condition that a more stringent standard be submitted by the Department of Interior, through the Federal Metal and Non-Metallic Mine Safety Advisory Committee for prompt consideration and approval.

Table 2 lists the components with the regulatory steps that have been taken. It also represents the list of principal agencies with which EPA must collaborate and interact to effect the implementation of PL 92-574. However, this list represents only a small part of the Federal Executive Branch. It has also been kept short by omitting separate citations of all agencies that issue internal regulations such as departmental directives and instructions implementing the Executive Order for hearing conservation programs at federal installations.

, Table 2. Implementation of noise control at the federal level Principal regulatory actions t o date

Departments and agencies

Departmental elements

Consumer Product Safety Commission

-

Notice of proceeding to develop power lawn mower standard Noise emission standard for toy guns and caps

Environmental Protection Agency

Office of Noise Abatement and Control

Proposed noise emission standards for: Portable air compressors Heavy and medium duty trucks Proposed noise emission standard (operational) for surface carriers engaged in interstate commerce by rail Noise emission standard (operational) for motor carriers engaged in interstate commerce NPRM proposals submitted to FAA or under devefopment on aviation noise in following areas: *aircraft operations aircraft type certifications airport regulations Comments on OSHA noise standard (see Dept. of Labor below) Federal government programs monitorship: Noise abatement programs Hearing conservation survey OSHA standard application Certification procedures for low-noise emission products

General Services Administration (GSA1

Public Buildings Service

QNoiseemission limits for equipment employed a t government building construction sites

Housing and Urban Development

Community Planning and Development

QCircular 1390.2 Noise Control and Abatement

Interior

Bureau of Mines

QApplication of Walsh-Healey Act occupational noise exposure limits t o underground coal mines and surface work areas Applies current OSHA standard as mandatory for metal and non-metallic open pit mines 39 FR 28433 (EPA recommends revisions)

Mining Enforcement and Safety Ad mi n i s t ra t ion (MESA) Labor

Occupational Safety and Health (OSHA)

Q"Occupationa1Noise Exposure", para 1910.95, OSHA Act, 36 F R 10518 (EPA believes regulation not adequate to protect public health and welfare).

Transportation

Federal Aviation Administration (FAA) Federal Highway Administration (FHWA) FHWA/Bureau of Motor Carrier Safety

aSee advisory circulars, rule-making proposals, and

Veterans Ad ministration implementing actions based on statutory authority enacted prior t o the Act.

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Federal Air Regulations aNoise standards for highway design: PPM 90-2, noise standards and procedures aVehicle interior noise levels (Para 393.94 BMCS regulations) (EPA recommends revision) Proposed compliance procedures for EPA interstate motor carrier noise emission standards 49 CFR Part 325,40 FR 8658 QManual26-2, Section VIII, Change 43, 9-24-69, for property near airports; updated and revised by DVB circular 26-74, 9-10-74

Table 3. Federal agency involvement in hearing conservation activities

NO hearing conservation mea-

sures Agency /Component

reported

Department of Commerce (DOC) Department Headquarters National Bureau of Standards (NBS) National Oceanic and Atmospheric Administration (NOAA) National Tec hnica I Information Service (NTIS) Patent Office Social and Economic Statistics Administration (SESA) Department of Agriculture (USDA) Forest Service Department of Defense (DOD) Department of the Air Force Department of the Army Department of the Navy Department of Health, Education & Welfare (HEW) Alcohol, Drug Abuse, and Mental Health Administration Food and Drug Administration (FDA) Health Resources Ad ministration Health Services Administration National Institutes of Health (NIH) National Institute for Occupational Safety & Health (NIOSH) Social Security Administration (SSA) Department of Housing and Urban Development ( H U D ) Department of the Interior (Dol) Alaska Power Administration (APA) Bonneville Power Ad min i s tra t ion ( BPA) Bureau of Indian Affairs (BIA) Bureau of Land Management (BLM) Bureau of Mines Bureau of Reclamation Geological Survey Mining Enforcement and Safety Administration (MESA) National Park Service Department of Justice (DOJ) Bureau of Prisions

Limited preventive

measures instituted

Formal hearing conservation program

e e e

e

e e

e e

e e

e e e e e e e e

e

e

e e e e

e

Agency/Component

Department of Labor (DOL) Department of S t a t e Department of Transportation (DOT) U.S. Coast Guard (USCG) Department of the Treasury Bureau o f Engraving and Printing Bureau of the Mint U.S. Customs Service Secret Service ACTION Atomic Energy Commission (AEC) Civil Aeronautics Board (CAB) Civil Service Commission (CSC) Council on Environmental Quality (CEQ) Consumer Product Safety Commission (CPSC) Environmental Protection Agency (EPA) Federal Communications Commission (FCC) Federal Deposit Insurance Corporation (FDIC) Federal Maritime Commission Federal Power Commission (FW Federal Trade Commission (FTC) General Accounting Office PA01 General Services Administration (GSA) Government Printing Office (GPO) Interstate Commerce Commission (ICC) Library of Congress National Aeronautics and Space Administration (NASA) National Labor Relations Board (NLRB) National Science Foundation (NSF) Office of Economic Opportunity (OEO) Securities and Exchange Commission (SEC) Selective Service System Small Business Administration (SBA) Tennessee Valley Authority (T v A) United States Postal Service Veterans Administration (VA) TOTAL BY CATEGORY

0 While individual components within the Tennessee Valley AUthority are given considerable latitude in program implementation, the on-going T V A hearing conservation pro r a m has been incorporated as one element in the T V A cornpretensive hazard control

No

Limitad

hearing

preven-

conser-

tive

vation measures reported

measures insti-

tuted

Formal hearing conservation program

e e e e e e e e e

e

a e e

e e

e e

e e 0

e e

e e e e e

e

16

19

26

Plan designed t o ensure that occupational safety and health become an integral part of all operating activities. 0 Both T V A and A E C impose hearing conservation requirements on their contractors.

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Table 4. Federal agency noise abatement programs Agency

Program areas

Installation of acoustical barriers in general office areas t o reduce employee annoyance. Responsible for implementation of the Experimental Technological Incentives Program (ETIP). Two ongoing ETIP projects, the power lawn mower and air conditioner procurement experiments, incorporate noise considerations.

0

Navy

Air F o t c e

Department of Health, Education and Wetfare Food a n d Utiig /?1cir71i,iiiitici!iori

U.S. Army Environmental Hygiene Agency conducts environmental noise pollution assessments of existing operations and programmed military movements and activities and provides recommendations on corrective abatement measures. Projects include AlCUZ (Air Installation Compatible Use Zones Program) implementation, use of acoustic materials in building construction, determination of baseline noise levels for military vehicles, and modification of aircraft and regulation of operating procedures. AICUZ implementation including acquisition of restrictive easements and program development; abatement of specific noise problems through engineering controls a t identified facilities; various studies t o develop engineering control methods, design plans and specifications for sound suppression systems and facilities with Navy-wide applications. Large program for acquisition of sound suppressors for maintenance runup operations, AlCUZ implementation.

0

Corrective measures t o reduce noise from FDA Data Processing Units.

~epartmento f Houstng arid Urban D eve 1o p me nt:

Foster noise responsive land use patterns by regulating HUD assisted developments and dissemination of HUD noise standards information and guidelines.

Department of the Interior Uonneviik Powet Anmirii+t Jtaon

0

Consideration of noise in design of BPA facilities and selection of sites t o reduce both over-the-fenceand workplace noise: issuance of standard specification for noise control in construction projects. Noise abatement incorporated in layout and design of new facilities as a standard practice.

Department of State

Minimal program designed to identify potential noise problem areas.

~ ~ p a ~o f t? ~ r a ~ snp ot r ~ a t ~ o ~ u 5 Coast Gua,u:

*

Reduction of noise associated with operation of fog signalling equipment: noise abatement incorporated in design and maintenance of USCG vessels. Preparation of a Rapid Transit Noise Abatement Handbook. Series of community noise surveys in environs of Philadelphia Mint. Erection of board fence to deflect noise from gunfire a t training center. Efforts t o resolve specific noise problem a t border crossing. Indirect consideration of noise in equipment selection and installation. Eleven noise abatement engineering projects t o improve working environments and comply with OSHA standards, noise monitoring and su rvei Ila nce.

C i v i l Service C 5 ~ ~ i ~ ~ i o n

Installation of acoustical shields on noise-producing equipment: periodic noise monitoring of selected sites.

Federal Oeposit ~nsuranceCorporation

Installation of sound-proofing in a few cases.

G e i~e r ii I Se rv ices Ad min istr a t ion

Inclusion of noise controls or limits in GSA specifications and regulations. Construction of sound absorbing structure around wind tunel. Studies and analyses of noise imposed upon surrounding communities by rocket test facilities and launch sites.

Selective Service System

Acoustic conditioning an integral part of all alteration and renovation planning. (Represents corrective measures a t computer center only)

Tennessee Vailey A u t h ~ r j ~ y

Conducts noise abatement surveillance, special studies, complaint investigation, environmental monitoring, and noise control engineering in the design of new plants.

U. S. Postal Service

Contracted project t o develop systems and equipment modification t o reduce noise levels of existing equipment; noise limits reduced in contract specifications for new equipment.

Veterans Administratioi~

Consideration of noise in equipment procurement and preparation of environmental impact statements.

Noise surveys at federal installations The manner in which noise surveys are conducted are noteworthy with respect to quantity and frequency of surveys, use of sophisticated equipment and trained personnel, and utilization and analysis of data obtained from the surveys. Since 1968, over 5000 sound level or octaveband analysis readings have been made at Bureau of Reclamation operations. Semiannually, ttie National Bureau of Standards conducts noise surveys with calibrated instruments, which supplement monthly walk-through inspections of National Technical Information Service facilities. Noise surveys, conducted by trained personnel and including octave band analysis and consideration of exposure time, are part of every facility inspection performed annually at all Department of Labor organizations and facilities. The Bureau of Land Management under the Department of the Interior and the Navy are among those agencies placing significant emphasis on the use of properly trained personnel to conduct noise surveys. The Air Force uses sophisticated acoustic noise evaluations as the basis for the establishment of specific area or operator exposure limits. TVA has attempted to estimate employee noise exposure for various occupationalcategories partially on the basis of area noise surveys. NASA, Army and the National Institutes of Health all provide expert services to operating units which include recommendations for engineering and administrative practices to correct deficiencies observed in the course of periodic noise surveys. The Bureau of Land Management requires the retention of noise survey records for the purpose of review and analysis. Informationobtained from Army periodic noise surveys is entered in a computerized noise data bank to provide profiles of noise sources and to assist in the identificationof remedial measures.

Nonregulatory programs These programs of federal agencies are divided into: hearing conservation programs noise abatement programs technical assistance to state and local governments. Of the 38 federal agencies requested to submit a perspective of their noise exposure problems, 24 reported hearing conservation activities that are directly concerned with the prevention of hearing loss. Most agencies operate such programs even though in some cases, noise exposure levels are well below the maximum levels specified by OSHA. Table 3 shows hearing conservation activities indicating the involvement in such efforts. Where one organizational element may have instituted limited preventive measures, others within the same agency may have established formal hearing conservation programs in response to differing noise exposure programs. Abatement programs Such programs undertaken by agencies: control noise generated by their own facilities and operations reduce noise impacts on surrounding communities provide a quieter environment for their employees. Several federal agencies have noise abatement programs with the Department of Defense programs being the most extensive because of the relatively high noise levels associated with military activities and the extent of Defense operations. Table 4 gives a summary of reported federal agency noise abatement programs.

The primary category of such programs involve those projects designed to reduce noise impacts on surrounding communities, so-called over-the-fence noise. In the past, many agencies have initiated such projects to minimize citizen complaints about their activities or to improve community-facility relations. Signed on December 17, 1973, Executive Order 11752, "Prevention, Control, and Abatement of Environmental Pollution at Federal Facilities," has given a signifi-

Federal regulatory programs on noise control: AJRCRAFT AND THEIR OPERATIONS FAA advisory circulars and regulations provide for noise abatement

through flight procedures (consistentwith safety) at takeoff, and during approach and landing and through specifications of minimum altitudes, and provide for preventionor control of sonic boom. Aircraft type certification provisions are being modified by FAA to include noise attenuating equipment through retrofit of current aircraft and througti new designs for categories of future aircraft. For practically all of these regulatory areas, EPA is issuing regulatory proposals to FAA. For airport noise control, a proposed set of regulations is currently being f'4d tested by EPA prior to issuance of formal notice for review. SURFACE TRANSPORTATION DOTlFHWA (Federal Highway Administration) has issued noise design standards for new and improved Federal aid highway construction and has proposed extension of such standards to existing highways. In October 1974, EPA issued a noise emission standard for interstate motor carriers that will be enforced by DOT. A noise emission standard for interstate rail carriers has been proposed by EPA. COMMERCIAL PRODUCTS In October 1974, two proposed rule-making notices were issued by EPA for new products: portable air compressors and medium and heavy duty trucks. In November 1974, EPA proposed an Advanced Notice of Proposed Rule making relating to hearing protectors that would provide for labels with information on the effectiveness of the protectors in attenuating noise and in protecting hearing. In collabbration with the Consumer Product Safety Commission, EPA will include noise limits in the proposed safety standard for power lawn mowers. That collaboration is now being formalized and widened to address other products. HOUSING The Department of Housing and Urban Development (HUD) specifies noise control standards and techniques for HUD-assisted new housing construction. NOISE EXPOSURE IN THE WORK PLACE The Occupational Safety and Health Administration (OSHA) in the Department of Labor (DOL) has, with the assistance and counsel of the National Institute for Occupational Safety and Health (OSHA) of the Department of Health, Education, and Welfare (HEW), sought to improve and advance the protective standard for noise control in the work place. Originally, provided under the Walsh-Healey Public Contracts Act, the standards now administrated by OSHA specifies a 90 dB(A), 8hr exposure limit with a 5 dB timelintensity trading ratio for steady-state noise. OSHA has published a proposed revision to the standard, which requires initiation of a hearing conservation program beginning at 85 dB(A) but still remains and retains the original exposure limit. EPA did not consider the original standard sufficiently protective and had advocatedthat an 85 dB(A), 8-hr exposure limit with a 3 dB time/ Intensity trading ratio be formally adopted (to become effective within 3 years) insteadof the 90 dB(A) limit and 5 dB ratio requiredby OSHA. EPA used the procedures of Section 4(c)(2) of P.L. 92-574 to request a formal review.

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ad-hoc working groups to address specific problem areas. Eleven federal agencies or departments sponsor noise RD&D programs: NASA, DOT, HEW, DOD, NSF, DOI, DOC/ NBS, USDA, CPSC, HUD, and EPA. Most sponsor research in more than one category: only DOD and EPA have activities in all four areas. Noise effects research is being sponsored by nine federal agencies and is the category having the greatest number of federal participants. Stationary machinery noise RD&D is being considered by eight federal agencies, and aircraft noise research is currently being sponsored by NASA, DOT, DOD, and EPA while DOT, DOD. EPA, NSF, and USDA alI support surface vehicle noise RD&D programs. Figure 1 shows the total resources allocated to noise RID&D in recent years. NASA, DOT, and DOD allocated the mlajor portion of the federal resources for noise RD&D, but thleir allocations have steadily decreased since fiscal year .... . , ~ ~ > - . ~ - - - - *~.... ., ,-..-L l..c IL. Ibis, wiin me major oecrease morn wcai ( 4 ariu 1 2 . i r e latter is primarily due to the decrease in the NASA noise research allocationIS. HEW, DOi, DOCINBS, and USDA, however, had steady increases in resource allocations for that time period. Of the noise research categories shown in Figure 1 only -. . .- .research ... sfeadilv in... federal expenditures for noise. effects creased during the fiscal year ''73-'75. Federal allocations for noise research to control air,crafl noise decreased rapidly. and are related directly to the decrease in aircraft noise control RD&D sponsored by NASA, DOT, and DOD. The major element in this reduction is the SIcheduled completion during this period of two expensive techni>logy development and demonstrations programs for retrofit Lu n"i~+i"n 9 i . r r e ' + ~ ~ ~ +Lkbnb Sound Absorbent Material (SAM) nacelle program and the ..... - ._ - -- . . . .. . . . . . . NASA JTBU H t t A N program. However, allOcarlOnS for alrcraft noise control still account for 80-90% of the total during this time period. Federal resources for both surface vehicle and stationary machinery noise peak in fiscal 1974. Aithough a number of Federal agencies sponsor work in these categories, they receive the least emphasis based on resource allocations. Overall the RD&D expenditures have been steadily declining since the passage of the Act. To some extent, the decrease reflects the fact that the technology to affect nearterm reductions in noise has been demonstrated in some cases such as aircrafl and trucks and is available for incorporation into standards and regulations. However, if public health and welfare are to be assured, an adequate federal noise RD&D effort must be maintained. EPA is presently analyzing and assessing the available information contained in the Interagency Panel Reports on the federal noise research activities to determine the contributions of those activities in controlling harmful noise through regulations and in identifying gaps and areas requiring additional emohasis. A reDort detailing the EPA findings of this evaluation is in preparation. ~~

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cant impetus to federal noise abatement actions. The heads of federal agencies are directed to ensure that all facilities under their jurisdiction are designed, constructed, managed, operated, and maintained so as to conform to federal noise emission standards for products adopted in accordance with provisions of PL 92-574 and state, interstate and local standards for control and abatement of environmentalnoise Technical assistance Such technical guidance and advice includes: model legislation training programs information services guidance in the selection and use of noise instrumentation and monitoring systems. These programs are designed to encourage state and local action in noise control, and/or to facilitate state and local participation in implementation of federal regulations and pro. grams. The first type, which is usually instituted in response to i1 legislative directive, has as its goal the development of appro. priate state and local noise control programs that comple. ment those at the federal level. The second may provide ar incentive for state and local participation needed to assure successful implementation of federal policies. ~~

oll-LI

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Additional reading U.S. EPA Office of Noise Abateme

RD&D Through interagency coordination EPA uses the researct and technology generated by other federal agencies to fulfill the provisions of the Act. Also, EPA coordinates all federal programs related to noise research and noise control. Early in 1974, EPA developed and implemented a plan to coordinate the federally _r snnnsnred noire rnsnnrch~ and .... .............. . . , dnvnlnnmnnt. ..... -~ r~~ demonstration (RD&D). The plan utilizes three interacting bod. ies to effect interagency coordination: an interagency noise research committee composed of high-level representatives of agencies with major programs ir1 noise RD&D ~

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face vehicles, stationary machinery, and noise effects 1030

EnvironmentalScience & Technology

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U S EPA Office 0f Noise Abatement and Control. Information on Levels of Environmental Noise Requisite to Protect Public Health and

Welfare with an P,dequate Margin of Safety, EPA 550/9-74-004. March 1974 7

As this goes to press, Alvin F. Meyer, Jr., is deputy assistant administrator for nnlca r n n t r n l nmnrsrnr nf tho I I C F D A

Force.