Citizen Suits
Any person may start a civil action on
his own behalf against any person or the
U.S. and any other governmental agency
for violation of this act. Similarly, civil
action may be brought against the Ad-
ministrator of EPA or FAA for failure
to perform any non-discretionary duty
under this law. No rights which a person
may have under different statutes or the
common law to enforce a noise control
requirement are restricted by this law.
and cumulative noise exposure around airports.
Using this information, EPA is to submit to the
FAA proposed regulations to control aircraft
noise and sonic booms. After a hearing and
further consultation with EPA, the FAA may
adopt or modify the proposed regulations. The
FAA may reject the proposals if it believes they
are unsafe, technologically or economically in-
feasible, or not applicable to certain aircraft.
However, it must publicly explain its specific
reasons for rejection. A continuing review and
consultation role is provided for EPA.
AN END TO NOISE POLLUTION
The comprehensive nature of the Noise Con-
trol Act of 1972 brinp under Federal regula-
tion for the first time, nearly all of the major
new sources of noise. An incentive now exists
for the full employment of noise-control tech-
nology that is already available, and the day
when quiet is restored appears closer. We know
how to build quieter. Now the law is to give
the Nation the stimulation to do it.
An ,
Environmental,
Law
33
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THE
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CONTROL ACT
OF 1972
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The reader is free to quote or reproduce any part
of this publication without further permission.
December 1972
For sale by the Superintendent of Documents. U S.
Government Printing Office, Washington, D C. 20402
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U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
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BACKGROUND OF LEGISLATION
Recognition of the fact that noise is an environ-
mental problem that affects people other than
workers has been late in coming.
Federal noise legislation first appeared in 1968
when Congress directed the Federal Aviation
Administration (FAA) to establish rules and
regulations to control aircraft noise.
At the Slate and local_levelj_laws tended_to
treat_jiqise_as_ a rjublic^uisance, and_ enforce^
ment was both difficult and spotty^More recently
some jurisdictions" liotably -"'California and
Chicago and New York City, have established
new laws and ordinances that are based on
noise-generating characteristics of specific equip-
ment and, hence, are easier to enforce.
The Clean Air Amendments of 1970 called
for the establishment of an Office of Noise
Abatement and Control in the U.S. Environ--
mental Protection Agency (EPA). The legisla-
tion also called for public hearings of environ-
mental noise and a special report to the Congress
on the problem, incorporating the results of the
public hearings and other special studies. In-
formation from this EPA report as well as ex-
The Effects of Noise
Of the some 80 million people signifi-
cantly affected by noise (from transporta-
tion, construction activities and other
engine-powered equipment and devices),
half are exposed to levels that can damage
their hearing or otherwise affect their
health. Noise also interferes with com-
munication, andTnterrupts sleep, generally
adding to the stress of modern life, with
some of the resulting physiological re-
sponses apparently chronic. For the
average urban dweller, the fact that noise
impinges upon the quality of the environ-
ment is probably the most impelling
reason for quieting things down.
tensive Congressional hearings formed the basis
of the Noise Control Act of 1972.
THE NOISE CONTROL ACT OF 1972
The Noise Control Act of 1972 represents
the first major Federal attempt to eliminate ex-
cess_nojse_ at the design stage of a wide variety of
new consumer products.
The Administrator of EPA is required to
develop and publish information about permis-
sible levels of noise, and then to set noise stand-
ards for products that have been identified as
major sources of noise.
While aircraft noise control remains under the
administration of the FAA, the law gives
EPA an advisory role in formulating criteria and
standards for controlling this source of noise.
Major Provisions
—EPA is directed to develop and publish in-
formation on the limits of noise required for pro-
tecting public health and welfare as well as a
series of reports to identify products that are
major sources of noise and to give information
on the techniques for controlling noise from
such products.
'—Using the criteria thus developed, the EPA
Administrator is required to set noise-emission
standards for products that have been identified
as major sources of noise and for which stand-
ards are deemed feasible. The law requires such
standards to be set for products in the categories
of construction equipment, transportation equip-
ment (except aircraft), all motors and engines,
and electrical and electronic equipment. It also
grants authority to set for other products, stand-
ards deemed feasible and necessary to protect
public health and safety.
EPA has authority to require the labeling of
domestic or imported consumer products as to
their noise-generating characteristics or their
effectiveness in reducing noise. Manufacturers
or importers of non-conforming or mislabeled
products are subject to fines of up to $25,000
per day for each violation and to imprisonment
for up to one year. Manufacturers must issue
Some of the Common Noisemakers
Aircraft, transportation equipment—
most notably trucks—and construction
equipment are major sources of environ-
mental noise. Recently the booming recre-
ation industry has added a new dimension
to the problem as snowmobiles, trailbikes
and other engine-powered devices have
become more and more popular. By the
end of 1970, there were approximately
two and a half million motorcycles in the
United States, five times the number in use
in 1960. Around the home, the growing
number of power tools and devices—
manufacturers of power lawn mowing
equipment have shipped nearly 89 million
units since 1946—are also adding to the
din. It is not surprising, then, that from
22 to 44 million people have lost part of
the use of their homes because of aircraft
and transportation noise.
warrants that their regulated products comply
with Federal standards at the tune of sale. They
are also required to maintain records and provide
information, including production samples, if
requested by EPA.
—The EPA Administrator also is to prescribe
noise-emission standards for the operation of
equipment and facilities of interstate railroads,
trucks, and buses.
—All Federal agencies are directed to use the
full extent of their authority to insure that
purchasing and operating procedures conform to
the intent of the law. EPA may certify low-noise
emission products for purchase by the Federal
Government.
Aircraft Noise
Under the Noise Control Act of 1972, the
EPA Administrator is required by mid-197 3 to
make a comprehensive study of aircraft noise
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