SUMMARY of
NOISE CONTROL
ACT of 1972
(PL 92-574)
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J.S. ENVIRONMENTAL PROTECTION AGENCY*WASHINGTON, D.C. 20460
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Noise is a growing menace, not just to boilermakers and jackhammer
operators, but to all of us. We are all using more tools and household
appliances, and, as their power has increased, so has the noise. In
fact, noise levels in apartments and private dwellings, particularly in
kitchen areas, are beginning to approach those in factories. The typical
American citizen is constantly bombarded with noise — on the job, in his
home, and at play. No longer confined solely to conjested urban areas,
noise is now spreading to suburban and rural areas that were relatively
quiet just a few years ago. An average community now has noise levels
in excess of the 70 decibels scientists now tend to designate as the
minimum threshold for potential hearing loss. Clearly, strong compre-
hensive action is needed to protect the public health and welfare from
this increasing noise.
Accordingly, the President has recently signed into law the first
comprehensive noise control legislation in this country's history.
This new law, based upon the President's proposal to Congress in
February of 1971, gives EPA that authority. For the first time, the
Federal government is empowered to establish emission standards for all
noise sources the Administrator of EPA determines to be a threat to the
public health and welfare. EPA will require labeling of products to
allow the consumer an informed choice as to that product's noise genera-
tion characteristics. Further, EPA is mandated to coordinate all
existing Federal noise programs to ensure a maximum Federal effort
toward a quieter environment. Aircraft noise will receive special at-
tention in this coordination role through an EPA study culminating in
the recommendation of proposed regulations to the Federal Aviation
Administration. FAA, after public hearings and further public consul-
tation with EPA, may then either adopt, modify, or reject the proposed
regulations consistent with FAA's mission to ensure the highest degree
of safety in air commerce. Also included in the new act is a strong
citizen suit provision identical to such provisions in the Clean Air Act.
The Congress has responded to this Administration's request for strong
noise legislation in a positive and forceful manner. EPA will now respond
to that mandate in a similar spirt.
William D. Ruckelshaus
Administrator
United States Environmental Protection Agency
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SHORT TITLE
Sec. 1 This Act may be cited as the Noise Control
Act of 1972.
FINDINGS & POLICY
Sec. 2 F i nd i nqs. That inadequately controlled
noise presents a growing danger to the health
and welfare of the Nation's population;
and that Federal action is essential to
deal with major noise sources in commerce,
and other products, control of which require
national uniformity of treatment.
PoI i cy. It is the poI icy of the United States
to promote an environment for all Americans
free from noise that jeopardizes their health
or welfare by: effectively coordinating
Federal research and activities in noise
control; establishing Federal noise emission
standards for products distributed in
commerce; and providing infortration to the
public respecting the noise emission and
noise reduction characteristics of such
products.
DEFINITIONS
Sec. 3 Defines "Administrator," "person," "product,"
"ultimate' purchaser," "new product," "manu-
facturer," "commerce," "state," "Federal
Agency," and "environmental noise."
FEDERAL PROGRAMS
Sec. 4 (') Directs Federal agencies to administer
programs in a manner to reduce noise consistent
with their authorities; (2) requires each
Federal agency to comply with Federal, State,
interstate and local requirements for noise
control unless exempted by the President;
(3) requires EPA to coordinate all Federal
programs relating to noise research and
noise control; (4) requires that other
agencies consult EPA before prescribing noise
regulations and allows EPA to require public
review of any regulations thought insufficient
to protect public health and welfare to the
extent EPA thinks feasible; (5) requires
EPA to periodically report on the status and
progress of Federal noise control activities.
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IDENTIFICATION OF MAJOR NOISE SOURCES, NOISE CRITERIA
AND CONTROL TECHNOLOGY
Sec. 5 (l) requires EPA to publish criteria which
reflect the kind and extent of alI
i dent ifiable effects on the public health or
welfare resulting from differing quantities
and qualities of noise (within 9 months);
(2) requires EPA to publish information on
levels of environmental noise which in defined
areas under various conditions are requisite
to protect the pub)ic health and welfare
with an adequate margin of safety (within
12 months); (3) requires EPA to publ ish a
report identifying major sources of noise,
and giving information on techniques for
control of noise (within 18 months).
NOISE EMISSION STANDARDS FOR PRODUCTS DISTRIBUTED
IN COMMERCE
Sec. 6 EPA is given authority to prescribe and amend
standards limiting noise generation charac-
teristics for any product or class of products
which has been identified as a major source
of noise and which fa I Is in the foI lowing cate-
gories: construction equipment, transportation
equipment (including recreational vehicles),
any motor or engine, and electrical or
electronic equipment. EPA may issue regulation
for products in other categories if it is
necessary to protect the public health or
welfare. The standards must be ".... based
on criteria published under Section 5," and
"requisite to protect the public health and
welfare, taking into account the magnitude
and conditions of use of such product (alone
or in combination with other roise sources),
the degree of noise reduction achievable
through application of the best available
technology, and the cost of compliance."
The manufacturer of regulated products must
warrant that its product is designed and built
so as to conform at the time of sale with
such regulation. The cost of this warranty
cannot be passed on by the manufacturer.
States and political subdivisions are prohibite<
from setting noise emission levels different
from those promulgated by EPA, but remain able
to regulate use, operation or movement of
product s.
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AIRCRAFT NOISE STANDARDS
Sec. 7 (l) EPA is required to do a study of: the
adequacy of FAA flight and operational
noise controls; adequacy of present aircraft
noise emissions standards (including
recommendations on retrofit); implications
of achieving levels of cumulative noise
exposure around airports; and additional
measures ava i I ab I e to airport operator's and
local governments to control noise. (2) The
FAA's power to prescribe and amend aircraft
noise measurement and noise emission regula-
tions under Section 61 I of the FAA Act of
1958 is preserved. However, EPA is required
to submit recommendations for regulations to
FAA which EPA feels necessary to protect the
public health and welfare. A detailed process
for public dissemination of information
regarding FAA's action on
i s spec i f i ed.
LABELING
Sec, 8 For any product which (a) emits noise capable
of adversely affecting the public health or
welfare, or (b) is sold wholly or in part on
the basis of its effectiveness in reducing
noise, the EPA must require the manufacturer
of such product to give notice of the noise
level or its effectiveness in reducing noise to
the consumer. EPA's regulations must indicate
the form of such notice and the method and unit
of measurement must be prescribed.
IMPORTS
Sec. 9 The Secretary of the Treasury shall, in consul-
tation with EPA, issue regulations to carry
out the provisions of this Act with respect to
new products imported or offered for impor-
tation,
PROHIBITED ACTS
Sec. 10 Manufacturers are prohibited from distributing
products which do not conform with an
applicable labeling or noise emission regulation
after the effective date of such applicable
regulation. All persons are prohibited from
removing a noise reduction device from a product
in compliance with a noise emission regulation
and from removing a label before sale to
the ultimate purchaser. All persons are prohibited
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from relusing to comply with an order of the
Administrator specifying relief under Sec. II
(d) or roiusing to make required i ntor mut i on
available to the Administrator, or importing
a product in violation of the import, regula-
tions of Sec. 9. Under certain circumstances,
the Administrator may exempt certain products
from compliance for a specified period of time,
ENFORCEMENT
Sec. II Manufacturers or importers of non-conforming
or mis-labeled products are subject to fines
of up to $25,000 per day for each violation
and to imprisonment of up to I year. The
penalties may be doubled for subsequent
convictions. The Administrator may issue orders
specifying such re I ief as he deems necessary
to protect the pub I ic health and welfare. The
District Courts of the United States have
jurisdiction to restrain violations of the
act.
CITIZEN SUITS
Sec. 12 Any person may commence a civil action on his
own behalf against any person (including the
United States) for violation of this act or
against tlie Administrator of EPA or FAA for
failure to perform any non-discretionary
duty under this act. No action may be
commenced unti I 60 days after notice of violation
or if the Administrator is already diligently
prosecuting a civil action. The Administrator
may intervene as a matter of right in costs
of Iitigatior (including reasonable attorney
and expert witness fess) to any party. Nothing
in the section restricts any right which any
person may have under any other statute or
the common law to enforce a noise control
requ i rement.
RECORDS, REPORTS AND INFORMATION
Sec. 13 Every maim facturer of a product for uhich
standards or labeling requirements have
been prescribed must maintain records, make
reports and provide information (including
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supplying products coming off the assembly
line for testing) as may reasonably be required
to determine compliance, and must permit
access to such information and copying of
such records. Information obtained relating
to trade secret sunder Section I 90 S of T i t | e ! , IISC .
will be confidential, but can be confidentially
disclosed to other Federal officers, or dis-
closed when relevant to any proceeding under
the Act. Such information cannot be withheld
from Congress. Violation of this section is
punishable by fine of up to $10,000 and
imprisonment of up to 6 months.
RESEARCH, TECHNICAL ASSISTANCE AND PUBLIC
INFORMATION
Sec. 14 EPA is authorized to: (l) conduct and finance
research on psychological and physiological
effects on humans, on the effects of noise on
animals, wildlife and property, and to
determine acceptable levels of noise,
development of improved methods for
measurement and monitoring of noise, and
determination of the most effective and
practicable means of controlling noise (2)
provide technical assistance to State and
local governments to facilitate, their develop-
ment and enforcement of ambient noise standards
including advice on training of personnel
and on selection and operation of noise-
abatement equipment, and preparation of model
legislation (3) disseminate public information
on effects, acceptable levels and techniques
for measurement and control of noise.
DEVELOPMENT OF LOW-NOISE EMISSION PRODUCTS
Sec. 15 Provides for Federal procurement of and
pub I i c not i ce abiout product s cert i f i ed as "I ov\ -
noise-emission products" (defined as: any
product which emits noise in amounts signi-
ficantly below the levels specified in noise
emission standards under regulations applicable
under Sec. o at the time of procurement to
that type of product). 1 he Administrator is
allowed to establish a Low-Noise-Emission
Product Advisory Committee to assist him in
determining which products qualify. Once an
application for certification is received and
the produce is determined to bo a low-noise
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emission product, the Administrator must
certify the product as such if he determines
that the product is a suitable substitute for
a type of product at that time in use by
agencies of the Federal government. Various
instructions as to when the Federal government
is required to pruchase such products and when
the EPA is required to publish information
about its determinations are given.
JUDICIAL REVIEW: WITNESSES
Sec. 16 The U.S. Court of Appeals (D.C. Circuit) is
given jurisdiction over petitions for review
of the Administrator's actions in promulgating
regulations under Sections 6, 8, 17 and 18,
including the power to require the Administrator
to hear new evidence not avai I able at the time
of the Administrator's action. However, no
stay of an agency action mav be granted unless
the party seeking review (l) is IiekIy to
prevai I on the merits and (2) wi I I suffer
irreparable harm. The Administrator may issue
subpenas for the attendance and testimony of
witnesses and production of documents, and
U.S. District Courts have power to require
such person to appear.
RAILROAD NOISE EMISSION STANDARDS
Sec. 17 After consultation with the Department of
Transportation, EPA is required to promulgate
regulations for surface carriers engaged in
interstate commerce, including regulations
governing noise emission from the operation
of equ i pment and fac i I i t i es of such carriers.
The effective date for such regulations must
permit the development and application of the
requisite technology. The Secretary of Trans-
portation is charged with the responsibility
of assuring compi ionce with EPA's regulations.
State and local governments are prohibited
from establishing operational noise emission
limits d i fferent from appI icab Ie feder a I
standards, but the Administrator may allow a
different standard if lie detent ines in consul-
tation w 11 li the Secretary of Transportation
that local conditions necessitate such different
reguI at ions.
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MOTOR CARRIER NOISE EMISSION STANDARDS
Sec. IS The provisions of this section are nearly
identical to Sec. 17 except that they apply
to "a common carrier by motor vehicle, a
contract carrier by motor vehicle, and
a private carrier of property by motor
vehicle as those terms are defined in the
Interstate Commerce Act (49 LI.S.C. 303(a))."
AUTHORIZATION OF APPROPRIATIONS
Sec. 19 There is authorized to be appropriated to
carry out this Act (other than Sec. 15)
$3,000,000 for fiscal year 1973; $6,000,000
for fiscal year 1974 and $12,000,000 for
f i sea I year I 975•
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Environmental Protection Agency
Region V, Library
230 South Dtarborn Street
Chicago, Illinois 60604 . •
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