OOOR77011
                        U.S.  ENVIRONMENTAL PROTECTION AGENCY

                         POLICY AND IMPLEMENTATION QUESTIONS
                          An Addendum to  Toward a National
                              Strategy for Noise Control"
                        U.S. Environmental Protection Agency
                                   April 1977
                                    ADDENDUM A
                                    April 1977

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U.S. ENVIRONMENTAL PROTECTION AGENCY

 POLICY AND IMPLEMENTATION QUESTIONS
  An Addendum to "Toward a National
      Strategy for Noise Control"
U.S. Environmental Protection Agency
            April 1977
             ADDENDUM A
             April 1977
                                      60604

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                                     Summary









     On November 10, 1976, a notice was published in the Federal Register




of  the availability for public comment of a draft of a national strategy




for noise abatement and control.  The October draft of the Strategy




document stated a number of policy and implementation questions on which




public comments and suggestions were invited.  The comments received




contributed to some of the revisions contained in the current edition,




"Toward a National Strategy for Noise Control."  In addition, there were




other comments received that will assist in improving the national noise




strategy.  In the case of some other noise comments received, it was not




possible in the intervening time period to include a satisfactory resolution




of the specific issue in the revised Strategy.  These issues are given




attention in this addendum.  Further, EPA will give priority consideration




to these comments in its current studies toward improving the current




Strategy in future revisions.  The policy and implementation questions




are restated followed by a general summary of comments and EPA's conclusions.

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New Product Standards




Question:




     1.  What additional products are near-term candidates for new




product regulations?




EPA Summary




     The response to this question consisted largely of a long list of




mainly transportation and construction and some machinery products that




were believed to be "annoying," obtrusive," "real noise makers,"




"offensive," or just plain "noisy."




     The majority of the products cited have already been addressed by




the EPA as either:




     A)   Products identified as major sources of noise.




     B)   Products currently under study for possible identification




          as major sources.




     EPA will review the remaining suggestions during the next few




months to determine whether they should be included in the Agency's




plans.




Question:




     2.  Many countries are promulgating an increasing number of




regulations applicable to new products sold in international




commerce.  What should be the attitude of the U.S. Government




toward harmonizing these standards with U.S. standards?




Should EPA be willing to sacrifice the stringency of its




regulations in the interest of international uniformity?
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EPA Summary




     There was an overwhelming majority of comments in favor of the




international harmonization of noise standards and a strong response




against reducing the stringency of EPA regulations.    ,




     The United States is not, of course, alone in developing noise




abatement strategies involving noise standards.  Many other countries




are similarly pursuing the goal of providing a satisfactory noise




environment for their citizens.  To maintain uniformity in inter-




national commerce and to retain the competitive nature of U.S.  in-




dustry, the EPA believes that it is necessary to cooperate with




other nations in the harmonization of noise standards and measurement




procedures for products where it is considered desirable and possible.




EPA has concluded that it should maintain a continuous technical liaison




with these other nations.  Acknowledging the necessity of these actions,




however, does not  imply that EPA will sacrifice the stringency of its




own noise standards, unless a case-by-case review indicates that the




benefits of such  a sacrifice would outweigh the disadvantages.




State and Local Programs




Question:




     3.  What additional ways should EPA use besides the Quiet




Communities and ECHO Progams to foster productive communication




among State and local noise control programs?
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EPA Summary




     Responses by State and local officials were almost uniformly




favorable  to EPA's current programs.  Almost every comment stressed




the need for more workshops or seminars to disseminate information




among local officials.  One commenter suggested a "certification"




program for local enforcement officials.  Several commented that




localities are more likely to fund staffs and equipment than much




needed training.




     Although the ECHO Program sounded good on paper to many




commenters, several suggested that it was probably limited due to




time and money constraints at the local level.




     On the basis of these comments the Agency concluded that it should




initiate the ECHO self-help program whereby the EPA, through the Regional




offices will  make financial and other assistance available to existing




noise control  programs in order for these programs to assist other




communities  in the same State and Region in setting up noise programs.




Current  planning is that each Region would participate in this program.




     EPA will also initiate the Quiet Communities Program which will




focus on development of noise  control programs in a few selected




communities, which presently do not  have such programs, through direct




EPA assistance.   Due to manpower restrictions, only one or two Regions




will participate in the Quiet Communities Program in FY 1978.
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Question:




     4.  What should be the division of responsibility between the




State and local governments?  What functions in the noise control area




is each level of government particularly well qualified to undertake?




EPA Summary




     There was no apparent consensus among State and local responders




to Question 4.  One commenter suggested that local jurisdictions should




regulate noise where both the source and receiver are residential and




States should regulate all nonresidential, mobile, or temporary noise




sources.




     EPA has concluded that it should work with appropriate State




programs in the area of noise control where they exist and should




encourage their creation where they do not presently exist.  Such




State agencies are usually  the most effective in coordinating State-




wide noise abatement planning  related to land use and highway con-




struction and can help greatly in assisting local communities develop




effective noise control programs.




     The local units of government are generally most effective in




controlling noise levels from urban traffic, and urban building con-




struction, by such measures as in-use restrictions on noise emissions




from machinery and equipment, and the use of police powers to control




excessive noise nuisances.  EPA will continue to work with individual




communities especially in those states which do not have a state noise




control program.
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Question:




     5.   Other environmental laws, such as the Clean Water and Clean




Air Acts, mandate very specific duties for State and local governments




and provide grants for some of them.  Is this a desirable approach for




the national noise program to evolve toward, or should the respective




roles of the various levels of government remain flexible as they are




under the Noise Control Act of 1972?




EPA Summary




     State and local communities indicated their need for funding.




However, they  favored funding aimed at functional areas such as training




or monitoring rather than grants in aid.  There was some concern about




Federal "strings" attached to any grant program.




     There are no immediate prospects for provision of grants for State




and local noise control programs.




Labeling




Question:




     6.  Since Federal regulations requiring the labeling of products




cannot be developed and promulgated for all products at the same time,




what are the priority candidates for labeling action?  What should be




the criteria for making these choices?  EPA Summary




     In response to the question, "What are the priority candidates for




labeling action," the most often mentioned product category was Household




appliances.  Items in this category included food blenders, dishwashers,
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vacuum cleaners, air conditioners, garbage disposals, ice crushers, can




openers, refrigerators, washing machines and hood fans.   The second most




mentioned category was consumer products in general.  Specific items in




this category were lawn mowers, handpower tools, chain saws and electrical




hair grooming devices.  Other product categories received relatively equal




attention and include construction equipment, industrial machinery, tires,




mufflers and firearms.




     The second part of this question was, "what should be the criteria




for choosing which products to label."  The responses fell generally into




one of two general approaches.  The approach recommended most often is to




select products for labeling in the order in which they produce the greatest




noise exposure to the population.  This would involve a consideration of




number of products in use, product noise emission level, number of people




exposed and duration of noise emission.  Although the candidate selection




process using this approach would be considerably involved, it has the




benefit of potentially effecting the greatest number of people. The




second general approach recommended for the selection criteria involved




choosing products for labeling on the basis of their overall noise




emission in dBA regardless of the number of people exposed.  By concentrating




on the noisier sources first this approach would emphasize the hearing




conservation aspects of the national noise strategy.




     These alternatives will be carefully considered as EPA developes




and implements its labeling strategy during the coming year.






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Relative Priority Among Functions




Question:




     7.  EPA has determined that in the allocation of its own resources,




new product regulations should be given first priority,  development of




State and local programs second, and labeling of products third.   Is




this the correct order or priority?  If not, what alternative is  desirable




and why?




EPA Summary




     There was not a consensus among commenters on what the relative




priority among programs should be.  State and local government commenters




generally thought State and local programs should be in first priority




rather than regulation.  Others generally favored the present priorities




with regulation first.  EPA's present plan is to keep the present order




of priorities but increase the relative emphasis on State and local




programs over previous years.




Monitoring




Question:




     8.   What should be EPA's monitoring strategy for the purpose of




determining progress toward the noise abatement goals?




          A)   What should EPA monitor in order to determine trends?




               (Choices include attitudes, ambient levels, source




               levels, complaints, etc.)
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          B)    How should EPA carry out this monitoring?




               (1)  Should state and local governments do the




                    actual monitoring with EPA providing technical




                    assistance and methodologies? or




               (2)  Should EPA itself conduct the monitoring?




EPA Summary




     Support  is given for monitoring of all the items mentioned in the




question, with most comments favoring the monitoring of ambient and




source noise  levels.  A summary of the comments is as follows:




     A)   Ambient noise levels should be monitored to identify  long-term




          trends and source levels for short-term trends.




     B)   The comments relating to the monitoring of community  complaints




          and attitudes were mixed, but mainly favorable.  Some stated




          that this was the only measure of interest, others that




          community attitudes were too varied and localized to  be of




          much use in identifying trends.




     C)   Additional parameters that are suggested for inclusion in a




          monitoring program are daily personal exposure, and land use




          trends.




     D)   It  was noted that monitoring is essential to the overall




          program by establishing a base for future comparisons.  It




          also provides a means of evaluating whether or not the




          approach taken to noise abatement is correct, and indicates




          other more effective approaches.
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     E)   The comments against monitoring are mainly centered around a




          disagreement with the premise that it can assist in achieving




          the goals.




     F)   Overwhelming support is given to the suggestion that state




          and/or local governments perform the monitoring with EPA




          providing technical and financial assistance.   It is thought




          that such a policy would educate local officials, cost less,




          and allow local sensitivities to prevail at the same time.




          Occasionally, comments include preferences as  to which type




          of monitoring should be performed by a particular level of




          government.  For example, some think that EPA  should be




          responsible for monitoring source levels.  It  is recognized




          by many that state and local personnel often do not have the




          necessary experience and equipment.  For this  reason it was




          rcommended that EPA develop guidelines for monitoring and




          perhaps should conduct the measurement in conjunction with




          local personnel in the initial stages of the program.




     EPA has concluded that in order to identify trends  in community and




source noise levels,  and to assess the effectiveness of  regulations, EPA




should prepare guidelines for monitoring suitable for use by State and




local government personnel.  Where considered desirable, it is eventually




intended for state and local governments to assume major responsibility




for monitoring.
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Data For Decision-Making




Question:




     9.   EPA spends a considerable amount of its resources determining




health and welfare benefits, the economic impact, and the technical




feasibility of proposed standards.  Since other levels of government




often do not have the resources to conduct similar studies when making




similar decisions, what steps should EPA take to assist these other




governmental bodies in their decision-making?




EPA Summary




     Several State and local government commenters suggested extensive




help from EPA such as technical assistance, noise monitoring, planning




and informational materials.  Some help of this kind will be supplied




under  the Quiet Communities Program, but widespread assistance of this




type is beyond the EPA's Office of Noise Abatement and Control's funding




at the present time.




Question:




     10.  EPA believes it is appropriate to stimulate the development of




noise control technology (where such is needed) by requiring in its new




product regulations the application of available technological concepts




that have not been incorporated in every case in products produced on an




assembly line.  In rare instances, this approach can be supplemented by




direct government research.  Is this the correct policy position for the




Agency to take?  Should the government require the use of "current"




technology only, do more technology research itself, or depend on labeling




of products or government procurement to stimulate development of new




technology?




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EPA Summary




     There was no clear consensus on the subject of research and technology




development.  EPA believes that private industry must assume responsibility




for new technology and that new product standards are a good way to give




industry the incentive.  A description of the role of technology research




and demonstration in the national strategy is given in the main body of




the document on page 29.




Health and Welfare Effects at Lower Levels




Question:




     11.  What emphasis should noise exposures of Ldn 55 to Ldn 65




receive in EPA's new product regulations and other program activities?




Should noise exposures of this level be left primarily to the control of




State and local governments?




EPA Summary




     Many of the comments were concerned with the statement of goals in




Section IV.  These have been rewritten to make the intent clearer.




They are still very controversial both in terms of the supporting




scientific evidence and their economic impact.  This subject will receive




continuing review during the next years as further scientific evidence




is collected and analyzed and as the specific program strategies are




developed.




     With regard to the exposures of Ldn 55 to Ldn 65 the majority of




the responses favored little or no Federal emphasis on these levels




although some were strongly in favor of a major Federal effort in this




area.  In those responses in which a rationale was given, for minimum




Federal emphasis, comments such as the following were given:




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     A)   More research should be done before addressing these levels




          at all.




     B)   The higher levels should be controlled before considering




          lower levels.




     C)   Achievement of these lower levels is best left to local




          government.




     D)   State and local governments can achieve reductions more




          economically.




     E)   Environmental noise requirements at these levels are a local




          matter.   Noise requirements will vary with land use.




     F)   The cited levels are arbitrary.




     G)   The cost of the lower levels has not been determined.




     The minority of responses favored Federal control of exposures




between Ldn 55 and Ldn 65.  Reasons cited for this opinion included:




     A)   It is unfair to burden State and local governments with




          achieving the more difficult noise reductions required to




          proceed from Ldn 65 to Ldn 55.




     B)   EPA has the most expertise in reducing noise while State and




          local governments do not possess the capabilities to assure




          the ultimate reduction of environmental noise.




Similar comments were received in relation to the goals stated in Section




IV of  the October 1976 draft of the Strategy Document.  The Levels




Document clearly established Ldn 55 as a legitimate level to address in




terms  of public health and welfare.  How and by which level of government
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this identified level  should be addressed has not, in general, been




decided.  This decision will be part of the specific program strategies




addressing major sources individually.  Also, as part of such program




strategies, costs, benefits, and technical  feasibility of achieving the




lower levels can be considered.




     A minority of the responses to the question indicated that strong




emphasis should be placed on reaching Ldn 55.  The rationale of these




responses included:




     A)   The Levels Document cites Ldn 55 as that level which protects




          public health and welfare and hence, higher levels would not




          afford this protection.




     B)   Product regulation should be based on achieving the most noise




          reduction possible.




     C)   Ldn 55 should be firmly established so that there will be no




          doubt that it is the long range goal.




     D)   Emphasis on the lower levels would further support and




          encourage state and local governments in developing regulations.




Although the Levels Document identifies Ldn 55 as the outdoor environ-




mental noise level required to protect public health and welfare, it




does seem feasible that interim, less stringent, goals can be pursued




without sacrificing the ultimate goal of Ldn 55.  As stated previously,




how this ultimate goal will be addressed will be developed in the specific




program strategies.
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     This question of goals and the respective roles of various levels




of government is clearly a controversial one.  EPA will continue to




assess the reasonableness of the goals from a technical point of view,




and from a practical point of view as further noise effects studies are




completed, and as the specific program strategies for surface transportation




and construction are developed.  It seems premature to make a final




decision concerning the relative roles question until the specific




program strategies are developed and until the Agency has a clearer




picture concerning the future extensiveness of State and local regulation




for the future.  In the meantime, EPA will continue to assess the benefits




achievable by its proposed regulations taking into account exposures of




the public down to Ldn 55 using the equivalent noise impact methodology




described in the background documents for each of the regulations.




EPA will give its greatest emphasis to the abatement of noise




sources which result in the most serious impact on the public and these




usually create significant exposures above Ldn 65.




     A large number of commenters recommended that EPA increase its




effort to develop, utilize, and encourage other agencies as well to use




more uniform noise level descriptors.  In this respect, EPA has urged




Federal agencies to adopt a uniform environmental noise descriptor




(Ldn/Leq).  The Department of Defense has officially adopted the




descriptor and is presently integrating  it into its programs.  The




Federal Highway Administration has adopted Leq as an alternate descriptor
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to L10.  Disposition of the issue with HUD awaits completion of a




major study, although, in the interim, HUD will accept Ldn as a descriptor




for aircraft noise.  A modification to Ldn has been proposed by EPA to




other agencies as an interim solution for measuring blast noise pending




further refinement.
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