EPA 550/9-77-350
Inspection of
Fede ra I Fac i I i t ies for
Compliance with Noise
Abatement Standards
December 1976
U.S. ENVIRONMENTAL PROTECTION AGENCY
Washington, D.C. 20460
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EPA 550/9-77-350
INSPECTION OF FEDERAL FACILITIES
FOR COMPLIANCE WITH
NOISE ABATEMENT STANDARDS
December 1976
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Noise Abatement and Control
Washington, D.C. 20460
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CONTENTS
Page
SECTION 1. PURPOSE AND SCOPE 1
Definition of Some Important Terms 2
Importance of Federal Facilities' Compliance with Noise Requirements 3
SECTION 2. STATUTORY AUTHORITIES, EXECUTIVE ORDERS, AND
GUIDELINES 5
Statutes and Executive Orders 5
Clean Air Act of 1970 5
Noise Control Act of 1972 6
Section 4(b)2 6
Other Important Sections of NCA 72 6
Executive Order 11752 7
Differences between Executive Order 11752 and Noise
Control Act 7
EPA's Role 9
EPA Noise Standards 10
Section 6. New Product Standards 10
Section 8. Labeling 12
Section 18. Motor Carrier Standards 12
Section 17. Rail Carrier Standards 12
Section 9. Imports 14
Section 15. Low Noise Emission Products 14
State and Local Environmental Noise Standards 14
Nonquantitative Noise Laws 14
Quantitative Noise Laws 15
Various OMB and EPA Issuances 20
OMB A-106 Circular 20
EPA Guidelines to Agencies for Reporting Pollution Abatement
Projects to EPA 20
EPA Guidelines to Federal Agencies on Exemptions 21
EPA's "Information Memorandum, Information and Strategy
for Compliance Monitoring and Reporting by Federal
Facilities" 21
SECTION 3. HOW TO SELECT FACILITIES FOR INSPECTION 23
Basic Considerations 23
Classification of Federal Facilities 23
Complaint File 24
Criteria Used for Defining "Objectionable" Noise — Basis of Public Health
and Welfare Impacts 24
What to Do Where No Noise Standards Exist 32
What "Objectionable" Noise Levels Are 32
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Page
SECTION 4. PREPARATION FOR INSPECTION OF A FACILITY 37
SECTION 5. NECESSARY PHASES FOR CONDUCTING A FEDERAL
FACILITY COMPLIANCE INSPECTION 43
Phase 1. Preliminary Discussions with Federal Facility Personnel 43
Phase 2. Examination of Facility's Environmental Noise Monitoring
Program 44
Phase 3. Tour of Facility with Potential or Known Problem Areas 44
Phase 4. Post-Inspection Interview 46
SECTION 6. POST-INSPECTION PROCEDURES 47
Post-Inspection Report 47
EPA's Requirements on Facility Reports 47
Follow-up Inspections 47
SECTION 7. ADDITIONAL INFORMATION 49
Whether State and Local Governments Can Sue Federal Agencies for
Noncompliance with Noise Regulations 49
Federal Noise Regulations 49
State and Local Noise Regulations 49
What EPA Regions Can Do If a Facility Continuously Fails to Achieve
Compliance with Noise Requirements 49
APPENDIX A. INVENTORY OF IMPORTANT EPA MEMORANDA 51
A. 11752 and Federal Facility Compliance 51
B. Related Matters 52
C. Compliance with Interstate Motor Carrier Noise Standards Issued
Pursuant to Section 18 of the Noise Control Act 52
TABLES
Table 1. EPA Noise Standards and Regulations with Which Federal Agencies
Must Comply 11
Table 2. Summary of Federally-Owned Motor Vehicles on Hand as of
June 30, 1975 13
Table 3. Federal Facility Classification for Noise Inspection 25
Table 4. Continuous and Impulsive Sound Levels that Pose an Immediate
Threat to Health and Welfare 33
Table 5. Summary of Noise Levels Identified as Requisite to Protect Public
Health and Welfare With an Adequate Margin of Safety 35
Table 6. Pre-inspection Data for Federal Facility Noise Inspection 39
Table 7. Subjective Noise Tests 45
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FIGURES
Page
Figure 1. Fixed Noise Levels Allowable at Residential District Boundaries 17
Figure 2. Fixed Noise Levels Allowable at Business/Commercial District
Boundaries 18
Figure 3. Fixed Noise Levels Allowable at Manufacturing/Industrial District
Boundaries 19
Figure 4. Representation of Land-Use Compatibility with Noise 34
Figure 5. Facility Data Sheet Format 38
111
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SECTION 1. INTRODUCTION
Purpose and Scope
The purpose of this .manual is to provide guidance to the Environmental Protection
Agency (EPA) Regional Offices for:
• identifying Federal facility environmental noise problems,
• selecting facilities to be inspected for compliance with environmental noise
requirements, and
• conducting noise inspections at Federal facilities.
The extent to which regional resources should be expended on inspection of Federal
facilities is a subject of the Agency's regional guidance each year. Inspections are not the
only way and, in fact, are often not the most effective way to deal with Federal facility
noise problems. This manual applies to those cases where it has been determined that a
regional inspection of the facility is appropriate.
Occupational noise problems are not included within the scope of this manual; how-
ever, EPA should be aware of potential violations of occupational noise standards and
should point these out to appropriate authority.
The manual is intended for use by technical as well as non-technical personnel in con-
ducting inspections pursuant to Executive Order 11752 and EPA guidance. EPA inspects
facilities1 because of the need:
1) to verify the "accuracy and effectiveness of self-monitoring and reporting systems
at the facilities." These are known as verification inspections. For "significant"
sources of pollution, EPA will conduct such inspections annually (Considerations
guiding the Regional Administrator in determining what is "significant" are dis-
cussed in Section 3),
EPA Information Memorandum issued November 30,1975, "Information and Strategy for Compliance Monitoring
and Reporting by Federal Facilities."
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2) to determine the actual compliance status of the facility. These are referred to
as compliance inspections and are undertaken when EPA suspects an actual viola-
tion of a noise or other environmental standard.
Definition of Some Important Terms
The Federal establishment is so large and diverse that problems can arise as to which
entities have to comply with noise standards. The definitions which follow should make it
clear that Congress intended a broad interpretation.
1) Federal agency2 — means either
a) an Executive Department
(i.e., an agency headed by a cabinet member);
or
b) a government corporation
(a corporation owned or controlled by the Federal Government);
or
c) an "independent establishment"
(all entities in the Executive Branch not a) and b) or subunits of a) and b);
does not include the Postal Service and the Postal Rate Commission; in the
Legislative Branch includes the General Accounting Office);
or
d) the U.S. Postal Service
(this is explicitly included in Section 3(10) of the Noise Control Act of 1972
(PL 92-574).
EPA's authority to inspect under Executive Order (E.G.) 11752 includes only agencies
in the Executive Branch (this topic is discussed in Section 2).
2) Federal Facilities* — means "the buildings, installations, structures, land, public
works, equipment, aircraft, vessels, and other vehicles and property owned by, or
constructed or manufactured for the purpose of leasing to, the Federal Government."*
This definition is derived from Section 3(10) of the Noise Control Act and Section 105 of Title 5, United States
Code.
This definition is from Executive Order 11752. The Noise Control Act does not define the term.
*Facilities owned by the Federal Government but operated by non-Federal persons are required to comply. Ac-
cording to OMB Circular A-106 (para 6b), buildings and equipment owned by non-Federal lessees on Federal land are
not covered by the reporting requirements of the Circular unless the responsible Federal agency attests that they are con-
structed and operated for a Federal purpose. (In cases where lease agreements provide for the Federal Government to pro-
vide pollution control measures, remedial measures are to be reported.)
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3) Federal Installations — means the various building complexes owned by, or con-
structed for the purpose of leasing to, the Federal Government. (This definition
is broader than the usual one given: a military camp, for or base.)
Importance of Federal Facilities' Compliance with Noise Requirements
The Federal establishment can be expected to generate noise into the community
because of its tremendous size and diversity*. Such noise, apart from any legal requirements,
can be defined as a public health problem (see Section 3). The important task of getting a
facility to do something about such noise is the inspector's job.
Major potential noise generators found at Federal facilities include vehicles, power
plants and generators, weapons firing and aircraft.
A dramatic increase in State and local noise laws (Section 2) in the last few years,
together with a heightened sensitivity of the public to noise, augurs increased efforts for
Federal facilities to be made quiet. Congress and the President have recognized this and
have directed all facilities to comply with the substantive State and local noise laws "to
the same extent as any person".
The EPA has been given specific authority in various statutes and an Executive Order
(discussed in detail in Section 2) to assist Federal agencies in dealing with their noise prob-
lems and to apply considerable pressure, where needed, to assure compliance. EPA can
facilitate the quieting of the Federal establishment by utilizing its energy wisely in con-
ducting effective inspections.
"There are over 20,000 Federal installations. Federal knds compose one-third of the total land area of the United
States, or 760 million acres.
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SECTION 2. STATUTORY AUTHORITIES, EXECUTIVE ORDERS
AND GUIDELINES
Statutes and Executive Orders
Federal facility noise inspectors should be familiar with the following key directives
concerning environmental noise problems at Federal facilities.
1. Clean Air Act of 1970 (PL91-604).
2. Noise Control Act of 1972 (PL92-574).
3. Executive Order 11752 of December 17, 1973: "Prevention, Control and Abate-
ment of Environmental Pollution at Federal Facilities."
Clean Air Act of 1970 (PL91-604)
This legislation sets forth a special role for EPA with respect to other agencies' noise
problems. EPA invokes this authority if no standard is violated, or, as may be in the case of
a military air installation, it is doubtful whether certain standards are applicable.
The statutory language is as follows:
"In any case where any Federal department or agency is carrying out
or sponsoring any activity resulting in noise which the (EPA) Administra-
tor determines amounts to a public nuisance or is otherwise objection-
able, such department or agency shall consult with the Administrator to
determine possible means "of abating such noise."
How to determine what noise is "objectionable" will be discussed in Section 3.
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Noise Control A ct (NCA) of 1972 (PL92-5 74)
Section 4(b)2
This, the first explicit statement made by Congress that Federal agencies must comply
with noise standards, states:
"(b) Each department, agency or instrumentality of the executive, legislative and
judicial branches of the Federal Government —
1) having jurisdiction over any property or facility or
2) engaged in any activity resulting in or which may result in the emission of
noise,
shall comply with Federal, State, interstate and local requirements to the same extent
that any person is subject to such requirements."
Accordingly, agencies are required to comply with all Federal noise standards.
The section goes on to discuss exemptions:
"The President may exempt any single activity or facility, including
noise emission sources or classes thereof, of any department, agency,
or instrumentality in the execituve branch from compliance with any
such requirement if he determines it to be in the paramount interest
of the United States to do so; except that no exemption, other than for
those products referred to in section 3(3)(B) of this Act,* may be
granted from the requirements of sections 6, 17, and 18 of this Act.
No such exemption shall be granted due to lack of appropriation unless
the President shall have specifically requested such appropriation as a
part of the budgetary process and the Congress shall have failed to
make available such requested appropriation. Any exemption shall be
for a period not in excess of one year, but additional exemptions may be
granted for periods of not to exceed one year upon the President's
making a new determination. The President shall report each January
to the Congress all exemptions from the requirements of this section
granted during the preceding calendar year, together with his reason for
granting such exemption."
*This section excludes the following from the definition of product for purposes of regulation:
1) any military weapons or equipment,
2) rockets on equipment used in NASA research, and
3) to the extent provided by EPA, other experimental work done by the Federal Government.
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Other Important Sections of NCA 72
Authority for applicable standards is found in the following sections of the Act.
1) New product standards — Section 6
2) Labeling regulations — Section 8
3) Interstate rail carrier emission standards — Section 17
4) Interstate motor carrier emission standards — Section 18
5) Imports — Section 9
6) Low noise emission products — Section 15
EPA also has authority, by Section 7 of the Act, to recommend aircraft and airport
noise standards to the FAA.
Executive Order 11752 of December 17, 1973, "Prevention, Control and Abatement of
Environmental Pollution at Federal Facilities"
This Order requires that all Federal facilities (including aircraft) be "designed, con-
structed, managed, operated, and maintained" so as to conform to various pollution abate-
ment standards, including:
"(5) Federal noise emission standards for products adopted in
accordance with provisions of the Noise Control Act of 1972 and
State, interstate, and local standards for control and abatement
of environmental noise."
Differences between E.G. 11752 and the Noise Control Act of 1972 (PL92-574)
Executive Order 11752 and the Noise Control Act differ in the following important
ways:
1) The Agencies Covered,
2) The Scope of Applicable Noise Control Requirements,
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3) The Authority Given to EPA to Assure Compliance with Requirements, and
4) Policy on Exemptions.
a) Agencies Covered
The E.G. 11752 covers only agencies in the Executive Branch, while the
Noise Control Act covers all Federal agencies (see definition in Section 1 of
this manual).
b) Scope of Applicable Noise Control Requirements
While the Noise Control Act requires compliance with all Federal noise
standards, the E.G. 11752 mentions only "product" standards issued under
the Act. In other words, for purposes of the Executive Order 11752,
agencies are not required to comply with aircraft and airport regulations
promulgated by the FAA or with occupational noise standards issued by the
Department of Labor. The Executive Order does not supersede the Noise
Control Act: the agencies must still comply with these other Federal regula-
tions. The practical effect is to be seen in the important difference between
the two directives with respect to the authority given to EPA to assure com-
pliance with environmental pollution requirements (discussed under 3
below).
The Executive Order also makes the important distinction between "substan-
tive" standards and "administrative" procedures, not found in the Noise
Control Act. While Federal agencies must comply with the substantive
portion of noise control standards, they are not bound to comply with State
or local administrative procedures.* The practical effect of this is illustrated
by the following example: were a community to require a construction
noise permit, Federal facilities would not be bound to comply since this is a
procedural enforcement mechanism.
c) Authority Given EPA to Assure Compliance with Requirements
The Executive Order is much more specific than the Noise Control Act with
respect to the authority of EPA to inspect Federal facilities, to monitor their
progress, to review and report. In fact, the Noise Control Act contains no
grant of authority to EPA - or any other Federal agency - to perform such
*This distinction has been upheld by the Supreme Court. In June 1976, the Court held that Federal Facilities are not
subject to State and local air and water permit requirements. They are subject to air and water quality standards and to
emission and discharge limitations.
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functions. EPA's position, therefore, is that the inspection and monitoring
authority of EPA contained in E.O. 11752 does not apply with respect to
Federal noise regulations promulgated under any authority other than the
Noise Control Act of 1972.4
d) Policy on Exemptions
Since the scope of applicable standards under Executive Order 11752 is
more limited than the Noise Control Act (as noted above), the exemptions
policy of the Order (see EPA's Role below) does not cover all situations
under the Act. For noise regulations not covered by the Order (such as
would apply to aircraft) the statutory language of the Noise Control Act
applies (see heading Section 4(b)2 in Section 2).
EPA's Role
Section 3(d) of the Order directs EPA to:
"(1) Provide technical advice and assistance to the heads of Federal agencies in
connection with their duties and responsibilities under this order.
(2) Maintain such review of Federal facilities' complaince with the standards
specified in section 4 as may be necessary.
(3) Provide liaison as required to assure that actions taken by Federal agencies
pursuant to this order are coordinated with State, interstate, and local programs
for the prevention, control, and abatement of environmental pollution.
(4) Mediate conflicts between Federal agencies and State, interstate, or local
agencies in matters affecting the application of, or compliance with, applicable
standards specified in section 4.
(5) Develop in consultation with the heads of other Federal agencies a coordi-
nated strategy for Federal facility compliance with applicable section 4 standards
which incorporate, to the maximum extent practicable, common procedures for
an integrated approach to Federal agency compliance with such standards, and
issue such regulations and guidelines as are deemed necessary to facilitate imple-
mentation of that strategy and to provide a framework for coordination and
cooperation among the Environmental Protection Agency, the other Federal
agencies, and the State, interstate, and local agencies.
This position is set forth in the EPA General Counsel memorandum of October 21, 1974 to the EPA Office
of Noise Abatement and Control (ONAC).
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(6) Maintain a continuing review of the implementation of this order and, from
time to time, report to the President on the progress of the Federal agencies in
implementing this order."
Section 4 of the Order gives EPA special authority to set standards:
"(b) In those cases in which there are no environmental pollution standards as
specified in subsection (a) for a particular geographic area or class of Federal
facilities, the Administrator, in consultation with appropriate Federal, State,
interstate, and local agencies, may issue regulations, which shall be published in
the Federal Register establishing environmental pollution standards for the
purpose of this order."
Section 5 gives EPA an important role with respect to the exemption process:
"(b) In any case in which the Administrator does not agree with a determination
to exempt a facility or use thereof from the provisions of this order, the head
of the Federal agency making such a determination must have the approval
of the Director of the Office of Management and Budget to exempt that
facility or use thereof; except that, the Administrator is solely responsible
for approval of exemptions under Section 18 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by the Federal Environmental
Pesticide Control Act of 1972."
EPA has issued guidelines on this subject (see the discussion in Section 2, Various
OMB and EPA Issuances).
EPA Noise Standards
To date, EPA has issued noise emission standards under Section 6, 17, and 18 of the
Act. EPA expects to issue noise labeling regulations, under Section 8 of the Act, for various
products over the next few years. Table 1 summarizes standards in effect, or soon to be
effective, as well as those standards which are in the process of development. EPA will
identify additional products for regulation from time to time.
Section 6: New Product Standards
These standards require the manufacturers and distributors of certain products to
meet specified noise emission limits after specified dates.
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TABLE 1. EPA NOISE STANDARDS AND REGULATIONS WITH WHICH FEDERAL
AGENCIES MUST COMPLY
Title
1 . Certification procedures
for low-noise-emission
products
2. Motor carrier noise
emission standard
3. Rail carrier noise emission
emission standard
4. Portable air compressor
noise regulation
5. Medium and heavy duty
truck noise regulation
6. Wheel and track loaders
7. Wheel and track dozers
8. Truck transport refrigerator
units
9. Truck mounted solid
waste compactors
10. Motorcycles
11. Buses
NCA72
Section
15
18
17
6
6
6
6
6
6
6
6
Final Regulation
Published
2/13/74
10/29/74
1/14/76
1/14/76
4/13/76
2/28/78
2/28/78
2/28/78
2/28/78
2/28/78
2/28/78
Effective Date
of Regulation
After Section 6
standards are
promulgated
10/15/75
12/31/76
1/1/78
1/1/78
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There is little effort for an EPA facilities inspector envisioned here. Since the Federal
Government must buy from manufacturers who meet the standards and guarantee that the
noise emission levels are met, the EPA effort, it is expected, would be limited to determin-
ing whether the agency is maintaining its products in a way consistent with manufacturer's
maintenance directives.
Section 8: Labeling
This section of the Act grants EPA authority to label products which emit hazardous
noise or which are effective in attenuating noise.
As with the Section 6 standards, there is little for the EPA noise inspector to do apart
from ascertaining whether labels on products at a facility have been removed.
Section 18: Motor Carrier Standards
In October 1974, EPA issued standards which specify that existing motor vehicles
(trucks and buses) in interstate commerce above 10,000 pounds gross vehicle-weight rating
(GVWR) are to be in compliance with prescribed noise emission levels by October 15, 1975.
Agencies were notified of these requirements by Administrator Train in his letter of Novem-
ber 4, 1975. Table 2 shows Federal vehicle ownership by agency.
EPA's position is that all Federal vehicles over 10,000 pounds GVWR must comply
regardless of whether the vehicles actually travel interstate.
The EPA noise inspector should be aware that EPA is assisting GSA in modifying its
maintenance program to allow for periodic noise emission checking.
Section 17: Rail Carrier Standards
EPA has also issued standards for rail carriers. It is expected, however, that the stan-
dards will pose little problem for Federal noise inspectors since apparently only a few agen-
cies own or operate rail systems, including the Departments of Defense and Transportation.
(Data concerning Federal ownership, however, are unavailable at present from the Federal
Railway Administration.)
This table is from the General Services Administration's Federal Motor Vehicle Fleet Report of July 1976.
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TABLE 2. SUMMARY OF FEDERALLY OWNED MOTOR VEHICLES ON
HAND AS OF JUNE 30, 1975
(ALL AGENCIES-WORLDWIDE)
LEGISLATIVE BRANCH
Government Printing Office
Library of Congress
EXECUTIVE BRANCH
DEPARTMENTS
State
Treasury
lustice
Interior
Agriculture
Commerce
Labor
Health, Education, and Welfare
Transportation
ACTION
Agency for International Development
American Battle Monuments Commission
Canal Zone Government
Energy Research and Development Administration
Federal Communications Commission
General Services Administration
International Boundary and Water Commission
National Aeronautics and Space Administration
National Gallery of Art
Nuclear Regulatory Commission
Panama Canal Company
Railroad Retirement Board
Smithsonian Institution
Tennessee Valley Authority
United States Information Agency
United States Postal Service
United States Soldiers' and Airmen's Home
Veterans' Administration
TOTAL CIVILIAN AGENCIES
DEPARTMENT OF DEFENSE
Army
Navy
Air Force
Civil Works, Corps of Engineers
CemelenaJ Expenses, Army
Defense Agencies
Defense Civil Preparedness Agency
Defense Security Assistance Agency
TOTAL MILITARY AGENCIES
TOTAL ALL AGENCIES
Sedans
2
1
711
4,366
7,847
1.108
3,351
27
46
47
36
222
10
38
1,735
5
36,887
68
2
54
1
6
942
156
1,191
7
46
58,912
14,032
3,836
2,929
768
5
1,873
248
23,691
82,603
Stati
Wagons
6
189
84
222
509
632
19
3
21
31
246
165
1
185
2
4.090
65
1
1
8
15
942
64
(')
2
6
6,567
1,449
1,532
2,084
70
2
93
62
5,292
11,859
Total
Sedans
Station
Wagons
8
1
900
4,450
8.069
1,617
3,983
46
3
67
68
282
387
11
38
1,920
7
40,977
133
1
3
62
1
21
942
220
1,191
9
52
65,479
15,481
5,368
5,013
838
7
1,966
310
28,983
94,462
Ambulances
2
10
I
2
9
10
9
55
250
i^
13
(')
2
3
379
1,322
664
1,133
4
2'
13
4
3,142
3,521
Buses
1 1 or More
Passengers
2
15
1
84
236
144
2
2
10
13
23
6
291
1,431
11
40
7
12
(')
4
26
2,360
4,484
1,571
2,774
11
2
47
31
8,920
11,280
Trucks and Truck Tractors-By Gross Vehicle Weight
Less Than 12,500
(1 Ton and Under)
4x2
29
698
382
1.052
4,926
21,519
354
118
449
88
236
36
5.581
53
21,812
1
769
J
501
53
1,425
453
109,520
21
112
170,189
31,555
21,875
26,373
3,752
43
1,019
3
295
84,915
255,104
4x4
(')
45
406
2,071
2,524
88
64
190
115
189
3
578
5,031
2
66
36
10
298
133
208
30
I 2,087
(')
(')
(')
776
(')
(')
(')
(')
776
12,863
12,500 to 16,999
(l'/i-2WTons)
4
88
16
155
1,245
603
55
70
88
6
40
13
239
8
1,191
5
109
3
33
13
130
3
1,257
103
5,477
1.957
3,562
5.075
538
422
2
23
11.579
17,056
17,000 and Over
(3 Tons and Over)
16
81
4
62
1,496
703
59
62
212
2
16
735
1,410
12
97
83
9
347
2,957
6
3
8,372
11,138
3,801
2,794
204
172
17
18,126
26,498
Total
59
1
1,782
4.898
9,830
11,601
29,477
606
5
400
1,040
516
874
63
47
9.399
68
72,102
20
1,193
2
6
755
1
106
3,162
821
115,133
42
329
264,343
65,937
36,841
43,162
6,123
54
3,639
5
680
156,441
420,784
Includes Ambulances.
3 4 x 4's included in 4 x 2's
J These types not separated in USPS data system.
*Heaises.
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The following two sections of the Noise Control Act will probably be of little concern
to EPA inspectors, but are included for reference.
Section 9: Imports
This section directs the Secretary of the Treasury to carry out the provisions of the
Noise Control Act with respect to new products imported or offered for importation.
To date, no regulations have been issued pursuant to this section.
Section 15: Low-Noise-Emission Products ,
This section sets forth a plan for incorporating noise considerations in Federal purchas-
ing of products which EPA is regulating under Section 6 of the Noise Control Act. Were a
manufacturer to meet certain requirements, he could have his product certified as a low-
noise-emission product and receive from the Government up to 125 percent of the retail
price for each item purchased by the Government.
State and Local Environmental Noise Standards
Since 1971, the rate of enactment of noise control laws on both State and local levels
has been dramatic. Today over 500 municipalities have some kind of noise control law.
Large cities that have been most active include Chicago and New York. While over half of
the States have legislation incorporating noise related provisions, the States of California,
Illinois, New York, New Jersey, Florida, Oregon, Maryland, and Minnesota have the most
significant noise control programs.
Ordinances and laws can be generally categorized as to whether they contain non-
quantitative or quantitative provisions.
Nonquantitative Noise Laws
These are generally the older laws, which because of their ineffectiveness are being
superseded by quantitative laws. They are often referred to as nuisance ordinances, and in
some cases are still appropriate. For example, nuisance criteria are useful for control of
general noise sources and many activities associated with excessive noise in the community
(e.g., street sales) for which quantitative regulations are not feasible. Further, they provide
additional flexibility in controlling the less definable and infrequently occurring noise
sources. They are based on the common law approach to noise control designed to prevent
14
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noise causing public annoyance or menace to the public safety. Under nuisance provi-
sions, it is unlawful to emit unreasonably loud, disturbing, or unnecessary sounds. The
following examples are common nuisance provisions found in municipal ordinances.
1) Unreasonable sounds by machines and construction equipment are illegal during
certain hours.
2) It shall be unlawful to sound any horn or signaling device except in an emergency.
3) It shall be unlawful to play any radio, phonograph, musical instrument, or operate
outdoor amplifying equipment during the nighttime hours (10 ap.m. — 7 a.m.)
so as to disturb any persons.
4) Mufflers may not be in poor working order emitting unusually loud noises.
5) The creation of excessive noise adjacent to a school, hospital, or church which
may interfere with ongoing activities is prohibited.
6) Animals shall not cause frequent or long continued noise.
In these examples, the determination of violation is based on subjective assessment,
thereby precluding the scientific verification of the disturbing qualities of noise sources in
a court of law. The potential for sustainable enforcement actions based on nuisance provi-
sions is often doubtful.
Quantitative Noise Laws
These laws have standards which fall into three broad categories:
1) source regulations
2) land use/zoning regulations
3) building codes
EPA inspectors should, in general, be especially aware of the property line ordinances
discussed under the second category above, since it can be expected that these will be most
commonly encountered. Noise regulations incorporating acoustical criteria are referred to
as performance standards. Such standards specify maximum permissible sound levels. If
15
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these are exceeded, the responsible person is subject to enforcement action. Performance
standards have been included in the following types of legislative provisions:
1) Source Regulations — These regulations are directed at the control of noise from
specific sources such as motor vehicles, construction equipment, and recreational
vehicles. Often performance standards are promulgated for both the sale and
operation of sources. The first type of standard, which may be subject to pre-
emption by Federal regulations, is enforceable at the point of sale and requires
manufacturer compliance. The second type is designed to control noise emissions
from the product in use. The following is an example of in-use regulations
applicable to motor vehicles:
No person shall operate a motor vehicle on the public right of
of way within the speed limits specified in this regulation at any
time or under any condition of grade, load, acceleration or
deceleration in such a manner as to exceed the following noise
levels for the category of motor vehicles . . .
These vehicular regulations are supported by well defined measurement
methodologies. The acoustical criteria specified vary according to the speed of
the vehicle, with higher maximum permissible levels for speed greater than 35 mph
(for example).
2) Land Use /Zoning Provisions — Incorporation of performance standards in land
use planning provisions may be used to ensure that no new residences, institu-
tions, or recreational areas are constructed in high noise areas. Conversely, these
provisions may be used to ensure that no new noise producing structures, such as
industrial and manufacturing plants, airports, or highways, may be constructed
in noise sensitive zones.
In some instances, municipal officials instituting land-use controls may recom-
mend the placement of an environmental buffer zone if it is determined that
ambient levels will exceed sound level limits and, therefore, be deleterious to the
health and welfare of citizens within existing developments. The buffer zone may
serve as a means of noise attenuation by increasing distance between the noise
source and the receiver. Many municipal zoning laws designate noise sensitive
zones and require noise analyses prior to zoning approvals.
Within zoning provisions, maximum sound values are specified for the regulation
of noise crossing property lines. Sound levels are usually measured at the bound-
aries of the property lot. See Figures 1, 2, and 3 for data giving the range of
boundary line requirements. In districts zoned for manufacturing, noise is measured
16
-------
-J
35-
JU|
b
DAYtlME LEVELS £
NIGHTTIME LEVELS (~~|
AVERAGE DAY - 56.75
AVERAGE NIGHT -51.76
117 CITIES -DAYTIME LIMITS
118 CITIES- NIGHTTIME LIMITS
,
i
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FIGURE 1 1
FIXED SOURCE NOISE LEVELS ALLOWABLE AT
<
c
RESIDENTIAL DISTRICT BOUNDARIES
1
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85
80
70 65 60
A-WEIGHTED SOUND LEVEL IN dBA
50
45
Figure 1. Fixed Source Noise Levels Allowable at Residential District Boundaries
-------
cc
35'
30
25
20
15.
10-
5
1
DAYTIME LEVELS £
NIGHTTIME LEVELS Q
AVERAGE DAY -63.32
AVERAGE NIGHT -59.21
104 CITIES - DAYTIME LIMITS
104 CITIES - NIGHTTIME LIMITS
,
1
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•IXED SOURCE 1
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FIGURE II
JOISE LEVELS A
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LLOWABLE AT
T BOUNDARIES
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90 85 80 75 70 65 60 55 50 45 4
A-WEIGHTED SOUND LEVEL IN dBA
Figure 2. Fixed Source Noise Levels Allowable at Business/Commercial District Boundaries
-------
35-
30
25
20
15
10-
1
c
°'fl
DAYTIME LEVELS A
NIGHTTIME LEVELS Q]
AVERAGE DAY -67.54
AVERAGE NIGHT - 64.24
112 CITIES - DAYTIME LIMITS
113 CITIES -NIGHTTIME LIMITS
> [
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*
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FIGURE III
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MDUSTRIALDIS
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0 85 80 75 70 65 60 55 50 45 4
A-WEIGHTED SOUND LEVEL IN dBA
Figure 3. Fixed Source Noise Levels Allowable at Manufacturing/Industrial District Boundaries
-------
at district boundaries. Decibel limits are often specified in octave bands for the
various types of districts, with correction factors for the intermittency of the
noise, impulse noises, pure tones, and the time of day. The most common per-
formance measure used is dBA.
In controlling property line noise, it is important to determine whether the
existing land use/zoning code accurately reflects the actual use of the land. If
there are numerous discrepancies between the way the land is zoned and the way
it is actually used (e.g., commercial establishments in a residential zone), or if
there are large tracts of unzoned land, then greater protection for impacted
properties is provided by property line limits based on land use.
3) Building Codes - Inclusion of acoustical criteria in building codes is designed to
prevent the intrusion of exterior noise beyond prescribed levels into noise sensi-
tive structures. In some cases, performance regulations establishing uniform mini-
mum noise insulation standards are promulgated, which may be enforced through
issuance of building permits.
Various OMB and EPA Issuances
OMB A-l 06 Circular
On January 7, 1975, OMB published a circular, OMB A-106, "Reporting Requirements
for Environmental Pollution at Existing Federal Facilities," in the Federal Register, pursuant
to E.O. 11752, Section 4. A-106 circular requires reports on environmental pollution at
existing Federal facilities to include submission of pertinent details of each noise abatement
project as well as overall plans for noise abatement and control. The reports are to be sub-
mitted semi-annually to the EPA Administrator on forms designated by him. (These forms
are set out in the issuance discussed below.)
EPA Guidelines to Agencies for Reporting Pollution Abatement Projects to EPA
In response to the A-106 circular, EPA published (Federal Register on January 17,
1975) procedures for reporting pollution abatement projects at Federal facilities including
noise abatement projects. The heads of Federal agencies are required to prepare annual
plans for bringing their facilities into compliance with applicable noise (and other) stan-
dards. The EPA guidelines provide guidance for submitting to the EPA Administrator plans
of each noise pollution project and a summary report of the overall plan.
20
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EPA Guidelines to Federal Agencies on Exemptions
EPA's responsibility regarding exemptions of Federal facilities from applicable noise
pollution standards pursuant to E.O. 11752 is specified in EPA guidelines.
In sum, after the Federal agency identifies the source of noise pollution for which an
exemption is justifiable, it is to consult with representatives of the EPA regional office to
explore possible alternatives to an exemption. If an acceptable alternative is unavailable,
the responsible official of the Federal agency is to forward a formal request for concurrence
to EPA, Office of Federal Activities. If EPA concurs, the decision concerning the matter
is final. When EPA disagrees, the Federal agency must obtain approval by the Director of
the Office of Management and Budget.
EPA's "Information Memorandum, Information and Strategy for Compliance
Monitoring and Reporting by Federal Facilities"1
This document "provides a general explanation of existing and future EPA strategies
and procedures for compliance assessments by EPA and State and local pollution control
agencies."
This guidance was promulgated in an enclosure to a letter from the EPA Office of Federal Activities (OFA) to
Federal agency heads on November 21, 1975 (Appendix A).
This guidance was promulgated by OFA to the regions in an enclosure to a memorandum on November 20, 1975
(Appendix A).
21
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SECTION 3. HOW TO SELECT FACILITIES FOR INSPECTION
Basic Considerations
In order to make as rational a decision as possible for allocating resources to making an
inspection for noise, the EPA regional office should, ideally, know:
• Number, types and locations of facilities in the region,
• Noise control laws applicable in the region,
• Known and/or anticipated noise problems at various facilities,
• Number and types of complaints received by EPA and other bodies for noise
problems at Federal facilities, and
• Noise projects in the region for which an A-106 has been filed.
EPA noise inspections should be directed to the significant problems at Federal
facilities. Preferably they should be integrated into EPA's inspection activities for compliance
with air and water pollution requirements and other media. What are the significant noise
problems requiring inspection in a particular EPA region is, of course, determined by the EPA
regional administrator. The basic point is that a "noise problem" can be defined in several
ways and while EPA inspectors are primarily concerned with compliance with legal requirements,
EPA is concerned with all aspects. EPA can be simply responsive in this area (i.e., inspect
only as a result of public complaint or Congressional inquiry) or can assume a more active
posture by seeking out potential noise problems at facilities. If complaints are the only
consideration to be made in determining when to conduct an inspection, some very important
problems may be overlooked.
Classification of Federal Facilities
For our purposes, although, it appears that no satisfactory scheme for classifying Federal
facilities exists, the General Services Administration has developed a categorization scheme
23
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for all facilities in its annual publication, The Annual Reports of Real Property Owned by
the United States. * Each region has a copy of this publication. If used properly, this can
be a useful tool.
Table 3 lists the major sources and their anticipated ranges in noise emissions associated
with the GSA facility categories. Using the GSA publication just referred to, the region can
locate information concerning the number, sizes and locations of facilities in the region.
Table 3's format can also be used as a first step in developing your own information on
individual facilities that have already been identified for possible inspection.
Complaint File
EPA's own complaint file is a valuable source of information in determining when to
inspect. EPA also can and should consult other complaint files such as:
• Regional headquarters of other Federal agencies,
• State and local agency files, and
• Citizen's groups.
The complaint file, however, is a feedback mechanism with certain important biases,
and it does not usually contain data needed to estimate the true public health and welfare
impact (e.g., the person complaining may be virtually the only one affected).
Criteria for Defining "Objectionable" Noise - Basis of Public Health and
Welfare Impacts
EPA's position is that it cannot recommend to communities noise criteria which are
inflexible and applicable to all places and situations. Each community has its own set of
environmental, health, economic and other goals it wishes to attain. Each community has
its own configuration of noise sources and their impacts that it wishes to control. This is not
an abstract hope, but fact, as witnessed by the wide range of permissible noise levels in current
ordinances (figures 1,2, and 3). This important reality - what is feasible in one place and time
may not be in another — must be considered when noise problems at Federal facilities are
studied.
*GSA also maintains a similar report on properties leased by the United States,(generally unavailable because of its
size). Current efforts at selecting Federal facilities for inspection of noise problems may be limited to the first report, which
lists Federally-owned properties only.
24
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TABLE 3. FEDERAL FACILITY CLASSIFICATION FOR NOISE INSPECTION
GSA
Usage
Code
01
04
07
Type of Facility
Agriculture
Grazing
Forest and Wildlife
Type of Noise Source
In-Facility
Occupational
Tractors
Airplanes used for crop
dusting
Aircraft operations
Firearms
Firefighting equipment
Lumbering operations
— Sawing
— Heavy trucks
— Helicopters
Mining operations
— Blasting
- Drilling
— Generators
— Railroad cars
— Scrapers
Nonoccupational
Tractors
Airplanes used for crop
dusting
Aircraft operations
Aircraft operations
Lumbering operations
— Sawing
— Heavy trucks
— Helicopters
Mining operations
- Blasting
— Drilling
— Generators
— Railroad cars
— Scrapers
Community
Tractors
Airplanes used for crop
dusting
Aircraft operations
Aircraft operations
Lumbering operations
— Sawing
— Heavy trucks
— Helicopters
Noise Levels
83-105 dBAat op. ear
9 5- 1 00 dB A at op. ear
82 dBAat 1000ft
77-1 00 dBA in cabin
85-105 dBAat 1000ft
77- 100 dBA in cabin
85-105 dBAat 1000ft
163-173 dB impulse
95-120 dBA op. ear
< 1 15 dBA op. ear
64-85 dBA at 50 ft
84-89 dBA at 50 ft
105-1 10 dBA at op. ear
1 lbTNT=120dBAa
overall at 10,000ft
100-1 20 dBA at op. ear
98 dBA at 50 ft
100+ dBA at op. ear
60-1 10 dBA interior
80-95 dBA at 50 ft
84-93 dBA at op. ear
82-90 dBA at 50ft
to
-------
TABLE 3. FEDERAL FACILITY CLASSIFICATION FOR NOISE INSPECTION (Continued)
GSA
Usage
Code
07
08
10
Type of Facility
Forest and Wildlife
(continued)
Parks and Historic
Sites
Office
- NASA Research
Center
- Post Offices
— Postal sorting
facilities
— Court Houses
Type of Noise Source
In-Facility
Occupational
Off-road vehicles
— Motorcycles
— Snowmobiles
— All-terrain vehicles
— Recreation boats
Off-road vehicles
— Motorcycles
— Snowmobiles
— All-terrain vehicles
— Recreation boats
Postal equipment
Heating and refrigeration
plants
Office machines
Delivery trucks
Nonoccupational
Off-road vehicles
— Motorcycles
— Snowmobiles
— All-terrain vehicles
— Recreation boats
Off-road vehicles
— Motorcycles
— Snowmobiles
— All-terrain vehicles
— Recreation boats
Cannon firing
Delivery trucks
Community
Off-road vehicles
- Motorcycles
— Snowmobiles
— All-terrain vehicles
— Recreation boats
Off-road vehicles
— Motorcycles
- Snowmobiles
Delivery trucks
Noise Levels
90-115 dBAatop.ear
73-92 dBA at 50 ft
100-115 dBAatop.ear
73-92 dBA at 50 ft
74-83 dBA at op. ear
79-1 15 dBA at op. ear
65-1 10 dBA at 50ft
90-115 dBAatop.ear
70-93 dBA at 50 ft
100-1 16 dBA at op. ear
73-92 dBA at 50 ft
74-83 dBA at 50 ft
79-115 dBAatop.ear
65-1 10 dBA at 50ft
163-173 dB impulse
near cannon
80-90 dBA at op. ear
50-68 dBA at 3 ft
71-95 dBA at op. ear
80- 100 dBA at 50 ft
-------
TABLE 3. FEDERAL FACILITY CLASSIFICATION FOR NOISE INSPECTION (Continued)
GSA
Usage
Code
10
11
12
Type of Facility
Office (continued)
— Federal buildings
- Postal garages
— Hospital adminis-
tration buildings
Military (except
airfields)
— Naval shipyards
— Military
manufacturing
facilities
Airfields
Type of Noise Source
In-Facility
Occupational
Incinerator
Machine shops
Vehicle testing
Helicopters
Compressors
Generators
Sirens
Drydocking operations
Shipbuilding operations
Blasting
Helicopters
Aircraft
Generators
Pumps
Nonoccupational
Ventilation fans
Cooling towers
Vehicle testing
Helicopters
Compressors
Generators
Sirens
Drydocking operations
Shipbuilding operations
Blasting
Helicopters
Aircraft
Generators
Pumps
Community
Ventilation fans
Cooling towers
Vehicle testing
Helicopters1
Compressors
Generators
Sirens
Blasting
Helicopters
Aircraft
Noise Levels
40-105 dBA at 3 ft
75-77 dBA at 80 ft
82-115 dBA at op.
position
70-84 dBA at 50 ft
105-1 10 dBA at op. ear
81 dBA at 50ft
100 dBA at op. ear
100 dB overall
measured on road
1 lbTNT= 120 dB
overall, peak level
at 10,000ft
105-1 10 dBA at op. ear
77-1 10 dBA in cabin
85-105 dB at 1000ft
100+ dBA at op. ear
68-72 dBA at 50 ft
to
-------
TABLE 3. FEDERAL FACILITY CLASSIFICATION FOR NOISE INSPECTION (Continued)
GSA
Usage
Code
13
15
16
18
Type of Facility
Harbors and Port
Terminals
Power Development
and Distribution
Reclamation and
Irrigation
Flood Control and
Navigation
Type of Noise Source
In-Facility
Occupational
Ship signalling devices
Shipping activities
— Loading/unloading
— Repair
Ships
Tugs
Barges
Outer Continental
Shelf operations
Transformers
Power stations
Cooling towers
Machine shops
Pumps
Barges
Nono ccupational
Ship signalling devices
Shipping activities
— Loading/unloading
— Repair
Recreational boats
Transformers
Power stations
Cooling towers
Machine shops
Recreation facilities
Pumps
Recreational boats
Community
Ship signalling devices
Recreational boats
Transformers
Power stations
Cooling towers
Recreation facilities
Recreation boats
Noise Levels
43-65 dBA interior
79-115 dBA at op. ear
65-1 10 dBA at 50ft
75 dBA at 3 ft
85-108 dBA near source
75-77 dBA at 80 ft
82-1 15 dBA at op.
position
70-1 10 at 50 ft
68-72 dBA at 50 ft
79-1 15 dBA at op. ear
65-1 10 dBA at 50 ft
-------
TABLE 3. FEDERAL FACILITY CLASSIFICATION FOR NOISE INSPECTION (Continued)
GSA
Usage
Code
19
20
21
22
23
Type of Facility
Vacant Land
Institutional
Hospitals
Prisons
Schools
Type of Noise Source
In-Facility
Occupational
Ambulances
Textile mills
Machine shop
Siren
Blasting
Buses
School activities
Nono ccupa tional
Off-road vehicles
— Motorcycles
- Snowmobiles
— All-terrain vehicles
Delivery trucks
Ambulances
Siren
Buses
Community
Off-road vehicles
— Motorcycles
— Snowmobiles
— All-terrain vehicles
Delivery trucks
Ambulances
Delivery trucks
Siren
Buses
Noise Levels
90-1 1 5 dBA at op. ear
70-93 dBA at 50 ft
100-1 16 dBA at op. ear
73-92 dBA at 50 ft
74-83 dBA at 50 ft
80- 100 dBA at 50 ft
100 dB overall for
sirens
80- 100 dBA at 50 ft
60- 108 dBA in work
environment
85-1 15 dBA at op.
position
1 00 dB overall
1 lbTNT= 120 dB
overall, peak level
at 10,000 ft
80-95 dBA at 50 ft
102-1 17 dBA in room
behind rifle team
area
to
-------
TABLE 3. FEDERAL FACILITY CLASSIFICATION FOR NOISE INSPECTION (Continued)
GSA
Usage
Code
29
30
40
50
60
70
71
Type of Facility
Other Institutional
Uses
Housing
Storage
Industrial
- U.S. Mint
— Printing and
Engraving
Service
Research and
Development
Utility Systems
— Heating systems
— Sewage systems
— Water systems
— Electrical systems
Type of Noise Source
In-Facility
Occupational
Construction site
Delivery /removal
operations
Factory operations
Warehouse operations
Delivery operations
Heating
Air Conditioning
Delivery operations
Test sites
Wind tunnels
Heating systems
Electrical systems
Nonoccupational
Construction site
Delivery operations
Dogs
Delivery /removal
operations
Delivery operations
Delivery operations
Test sites
Wind tunnels
Community
Construction site
Delivery /removal
operations
Delivery operations
Delivery operations
Test sites
Wind tunnels
Noise Levels
71-89dBAat 50ft
80-100dBAat 50ft
80-100dBAat50ft
75-11 8 dBA in work
environment
80- 100 dBA at op.
position
80-100 dBA at 50 ft
55-90 dBA at 50 ft
50-68 dBA at 3 ft
80-100 dBA at 50 ft
55-90 dBA at 3 ft
85-108 dBA near
source
-------
TABLE 3. FEDERAL FACILITY CLASSIFICATION FOR NOISE INSPECTION (Continued)
GSA
Usage
Code
72
73
76
77
78
79
80
Type of Facility
Communication
Systems
Navigation and
Traffic Aids
Roads and Bridges
Railroads
Monuments and
Memorials
Miscellaneous Mili-
tary Facilities
— Target ranges
— Proving grounds
All other
Type of Noise Source
In-Facility
Occupational
Fog horns
Whistles
Sirens
Road construction
Vehicle traffic
Railroad yard operations
Railroad cars
Locomotives
Whistles
Cannon firing
Artillery salute
Artillery
Helicopters
Nonoccupational
Fog horns
Whistles
Sirens
Road construction
Vehicle traffic
Railroad yard operations
Railroad cars
Locomotives
Whistles
Cannon firing
Artillery salute
Artillery
Helicopters
Community
Fog horns
Whistles
Sirens
Road construction
Vehicle traffic
Railroad yard operations
Railroad cars
Locomotives
Whistles
Cannon firing
Artillery salute
Artillery
Helicopters
Noise Levels
90-114dBAat 50ft
100 dB overall
85-1 10 dBA at op. ear
70-84 dBA at 50 ft
65-1 10 dBA at 100ft
60-1 10 dBA interior
80-95 dBA at 50 ft
76-98 dBA at 50 ft
90- 114 dBA at 50ft
163-1 73 dBimpulseb
163-173 dB impulse5
163-173 dB impulse13
105-1 10 dBA at op. ear
aPeak sound level.
bDuration 0.4-0.8 msec.
-------
What to Do Where no Noise Standards Exist
It is expected that there are cases where no noise standards exist, yet where EPA
determines that a noise problem does exist. In such cases, EPA can either:
1) Exercise its authority under E.O. 11752 to issue noise standards, or
2) Define the noise as "objectionable" under Title IV of the Clean Air Act and
negotiate with the facility.
To date, EPA has not exercised the first option, but on various occasions has utilized
the second. Title IV leaves it to the discretion of the EPA Administrator to determine what
is "objectionable." EPA has developed public health and welfare criteria for noise that can
be utilized when entering into negotiations with Federal agencies on "objectionable"
noise problems.
What "Objectionable Noise Levels" Are
EPA has developed three sets of criteria for defining noise problems. These are to be
used in the ways indicated below:
1) The first set of criteria is to be applied by a noise inspector in determining
"immediate threats to the public health and welfare". Such threats should be
the priority area of attention. Use the criteria contained in table 4. If EPA
becomes aware of a facility emitting noise approaching the levels in table 4 at a
property line, where people are exposed, it should contact the facility immediately
and negotiate with appropriate authorities to halt such noise.
2) The second set of criteria shown in figure 4, is a "real world" general guide as
to what is "objectionable". Inspectors should be familiar with this table when
ranking serious noise problems to be dealt with on a practical basis (i.e., considering
cost, technological and political realities), and in entering into negotiations with
agencies where necessary.
3) The final set of criteria are those contained in table 5 (from EPA's "Levels
Document"). These "levels" are the identified threshold values above which some
adverse impact on public health and welfare exists. They should be used by
EPA noise inspectors in helping sort out noise problems associated with poten-
tial hearing loss from those involving annoyance. (EPA headquarters uses these
Ldn levels in applying a fractional impact methodology to determine priorities
for regulation of products and for community noise assessments.)
32
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TABLE 4. CONTINUOUS SOUND LEVELS THAT POSE
AN IMMEDIATE THREAT TO HEALTH AND WELFARE*
Sound Level Limit (dBA)
90
93
96
99
102
105
108
Duration
24 hours
12 hours
6 hours
3 hours
1.5 hours
45 minutes
22 minutes
*Use equal energy time-intensity tradeoff if level
varies; find energy equivalent over 24 hours.
TABLE 4. IMPULSIVE SOUND LEVELS THAT POSE
AN IMMEDIATE THREAT TO HEALTH AND WELFARE
Sound Level Limit (dB)
145
135
125
Number of Repetitions
per 24-hour Period
1
10
100
33
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For Residential, Hospital and Educational
Activity
Environmental Noise Level*
Associated with an Action
(exterior environment)
Qualitative Considerations Applicable to
Individual Actions
Levels have unacceptable public health and
welfare impacts
Significant adverse noise impacts exist:
allowable only in unusual cases where lower
levels are clearly demonstrated not to be
possible
Adverse noise impacts exist: lowest noise
level possible should be strived for
60 —
55
Levels are generally acceptable: noise impacts
are not usually associated with these levels
*lnterior noise levels will depend on the building structure.
Figure 4. Representation of Land-Use Compatibility with Noise
34
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TABLE 5. SUMMARY OF NOISE LEVELS IDENTIFIED AS REQUISITE
TO PROTECT PUBLIC HEALTH AND WELFARE
WITH AN ADEQUATE MARGIN OF SAFETY
Effect
Hearing Loss
Outdoor activity
interference and
annoyance
Indoor activity
interference and
annoyance
Level
Leq(24) = 70dB
Ldn = 55 dB
Leq(24)=55dB
Ldn = 45 dB
Leq(24) = 45dB
Area
All areas
Outdoors in residential areas
and farms and other outdoor
areas where people spend
widely varying amounts of
time and other places in which
quiet is a basis for use.
Outdoor areas where people
spend limited amounts of time,
such as school yards, play
grounds, etc.
Indoor residential areas
Other indoor areas with human
activities such as schools, etc.
35
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SECTION 4. PREPARATION FOR INSPECTION OF A FACILITY
Once facilities have been identified for inspection, some work can be done prior to
visiting the facility ensuring that the use of time by both EPA and the facility is maximized.
The preparation that is done prior to the inspection may, in large part, determine whether
the inspection is successful. The following necessary phases for conducting a Federal facil-
ity compliance inspection are suggested.
1. Contact the facility in a way likely to lead to the results you want.
Although "surprise" inspections may be conducted at the Regional Administrator's
discretion, in most cases, EPA will want to establish as smooth a relationship as possible
and, therefore, schedule a coordinated inspection with the facility.
2. Collect additional information about the facility from them in a systematic way.
To the extent possible, a data sheet such as that in figure 5 may be prepared for noise
problems at each facility prior to inspection. It is helpful to know the following prior
to visiting the facility:
• Name(s) (and perhaps the titles or backgrounds) of the individual(s) respon-
sible for noise problems,
• Level of awareness of the facility management concerning noise,
• Location(s) of sources as well as sensitive receptors (particularly those outside
the facility),
• Noise surveys that the facility has conducted concerning the sources and
receptors as well as other monitoring activities,
• Types and number of complaints received by the facility, and
• Details concerning applicable noise ordinances, including data from local
news media. Table 6 may be useful in suggesting various kinds of data.
37
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PRELIMINARY DATA SHEET FOR NOISE INSPECTION OF A FEDERAL FACILITY
1 EPA Region
oo
O
c
?d
tfl
Hi!
o
ss
>
C/5
a
w
w
H
s
Name of Facility
Federal Agency _.
Address
Sketch of Facility Showing
Adjacent Critical Receptors
5 Local Jurisdiction (State, County, City)
6 Adjacent Local Land Use (Residential,
Commercial, Industrial, Institutional)
7
GSA
Usage
Code
8
Area
Land
Bldg.
9
Applicable
Standards
Day
Night
10
Critical
Receptors
11
Major
Noise
Sources
12
Source Noise
Level
dBA
At
13
Distance
From
Receptor
14
Correction Factors
Distance
Correction
Barrier
Correction
Other
Corrections
IS
Estimated Noise
Level at Receptor
Day
Night
Probable Community Noise Level in Absence of Facility,
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TABLE 6. PRE-INSPECTION DATA FOR FEDERAL FACILITY
NOISE INSPECTION
Information Item
Reasons for Asking for Data Item
Examples of How Data Will Be Used
Facility layout
To show relative location of buildings
and activities
The inspector will use the layout to
familiarize himself with the facility
prior to inspection
The layout will be marked up as a result
of the inspection to show location of
noise sources and where noise measure-
ments and their levels were taken
Community action
To determine the extent and nature of
the facility's interface and surrounding
communities
• This data will be helpful in developing
corrective action plans if there are
major noise problems
Local noise control
To determine the extent of awareness
the facility has for local noise control
regulations
This data will be helpful in developing
corrective action plans if there are
major noise problems
Number of noise
complaints received
To provide some history and magni-
tude of noise problems of the facility
• Use this data as a baseline and develop
a corrective program to reduce number
of complaints to zero
Noise sources
To get a preliminary judgment of
types of noise problems. To test
what the facility considers is a noise
problem
May indicate need to educate facility
personnel about what constitutes a
noise problem
Will be used to calculate preliminary
noise impacts
Provide initial indication of what to
look for during inspection
Noise abatement
measures
To identify types of noise abatement
techniques used. To determine
extent facility has gone to remedy
noise problems
These noise abatement measures will be
inspected to see how effective they are
Land use
Have knowledge of areas of possible
noise impact
• Used as a variable in calculating noise
impact
Proximity of
facility to noise
sensitive areas
To find out if there are any schools,
hospitals, residential areas within areas
near facility which could be adversely
impacted by noise emanating from the
facility
This data would be a factor in assessing
noise impact from the facility, and may
indicate corrective actions are needed
depending on magnitude of noise sources
from the facility
39
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TABLE 6. PRE-INSPECTION DATA FOR FEDERAL FACILITY
NOISE INSPECTION (Continued)
Information Item
Reasons for Asking for Data Item
Examples of How Data Will Be Used
Administrative and
engineering controls
to reduce noise
exposures or noise
levels
To know what measures have been
taken by the facility to reduce noise
levels or noise exposures. This will
also indicate that there are noise
sources at the facility
• This data will be used as items to be
inspected. They will have to be
checked for effectiveness in achieving
their intended purposes
Property line noise
problems
To find out if they have any property
line noise problems or anticipate
having any in the future
• To give inspector some information on
what to expect during inspection of the
perimeter of the facility. This data will
also be helpful in assessing preliminary
noise magnitude of facility
Hearing conserva-
tion programs
To find out extent and nature of the
facilities' hearing conservation pro-
gram , if they have one
• Data will be used as part of corrective
action which may be recommended for
the facility
Noise monitoring
program
To find out if they have a noise moni-
toring program and to determine its
extent and what they monitor
• This will form a basis for further investi-
gation during inspection
Noise surveys
conducted
To find out if any noise surveys have
been conducted at the facility and, if
so, what were the findings
• Baseline information which the inspector
will further investigate during inspection
• To pinpoint problem areas and stream-
line the inspection process
40
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3. Ensure cooperation with other governments.
Cooperation with the State and local pollution control agencies is essential. EPA
inspectors should consider inviting representatives of State and local agencies to par-
ticipate in the inspection. Such invitations should be made with the approval of the
head of the facility to be visited.
4. Planning and organizing your inspection.
The Regional Administrator should decide how many facilities present a noise
pollution situation that merits extensive inspection. The inspection may include
informal visits or formal inspection tours with or without sound measuring equipment.
As a practical matter, the resources of the regional office in terms of manpower, equip-
ment, and available funding will enter into the decisionmaking process. These factors
should be estimated, and final selection and scheduling of Federal facilities made.
To aid in future planning, it is recommended that a report be prepared giving details
for each facility selected for inspection even if the actual inspections are not conducted.
The report should include recommendations on the need for inspection and estimates of
needed resources for conducting the inspection. A copy of this report should be sub-
mitted to the EPA Office of Federal Activities.
Some useful guidelines are:
1) Choose an appropriate time for visiting the facility. The most important noise
sources may operate only periodically.
2) Decide what noise equipment is appropriate to the facility being inspected.
If possible, plan to bring a sound level meter. If it is found upon visiting the
facility that more sophisticated noise measuring equipment is needed, then a
followup visit can be arranged.
41
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SECTION 5. NECESSARY PHASES FOR CONDUCTING A FEDERAL
FACILITY COMPLIANCE INSPECTION
The reasons for EPA to utilize its energy in conducting an on-site inspection of a Federal
facility are:
• To verify that the facility is taking care of its own noise problems, and
• To determine the compliance status of a project (or projects) which is, or is sus-
pected to be, in violation of an applicable noise standard.
It has been already emphasized that EPA may exert considerable pressure on a facility
to assure compliance. For EPA to be effective, the inspector, as the Regional Administrator's
representative, should be well prepared prior to his visit and should generally adopt a courteous
and cooperative attitude with facility personnel. The steps he will follow cannot be set out
with precision but in general there are at least four phases to the inspection:
1) Conduct preliminary discussions with facility personnel.
2) Examine facility's environmental noise monitoring program.
3) Tour facility and potential or known noise problem areas.
4) Conduct post inspection interview.
Phase 1. Preliminary Discussions with Federal Facility Personnel
In the preparations made for inspection, the purpose and intent of the inspection
should have been explained and certain information obtained from the noise official at
the facility. It is well, however, to iterate in detail EPA's purpose in being there, what
you hope to accomplish, and how you can, if necessary, help the facility* (including
how you can help in obtaining funding for noise projects through the A-106 process).
Convince them EPA's approach is reasonable.
*Some of the ways EPA can technically assist other Federal agencies are listed at the end of this section.
43
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There may be State or local officials present. Proper planning will ensure a smooth
integration of these people in the inspection party.
It can be expected that facility personnel will accompany inspectors through
most phases of your visit.
Phase 2. Examination of Facility's Environmental Noise Monitoring Program
The logical place to start the inspection after preliminary discussions is with an
examination of the facility's own program to control noise at the facility. The EPA
noise inspector should already have obtained as much of this information as feasible
in the preparation stage. Such information should include:
• Facility directives (e.g., shipyard instructions) setting forth goals, objectives
and mechanisms to implement programs, and
• Records of actual environmental noise surveys, problems and complaints.
In the course of his review, the inspector should be asking himself whether it appears
that the directives are adequate and whether the records appear to reflect adequate
implementation.
The EPA inspector should have access to any records required to be kept which
he wishes to review, abstract or duplicate.
Phase 3. Tour of Facility with Potential, or Known, Problem Areas
Based upon conversations with facility personnel, upon examined records and
directives, the inspector should tour the facility giving attention to the known problems
and the areas where estimated potential problems exist. A successful tour may be largely
dependent upon the good will of the personnel of the facility being visited.
The EPA noise inspector can take noise level measurements as deemed necessary.
In the event he does not have a sound level meter, one of the subjective tests outlined in
table 7 may be used. While these tests do not produce actual noise levels, they do provide
some indication of the'nature of some noise sources and environments.
The inspector should walk the perimeter of the facility where possible and appropriate,
and identify boundary line noise levels where appropriate, as well as source noise levels.
Where seriously high noise levels are identified (see Sections 3 and 4), this should be
called to the attention of the facility's personnel at once. The inspector should carefully
record all findings during the inspection so that a permanent record will be maintained
by EPA.
44
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TABLE 7. SUBJECTIVE NOISE TESTS
Distance Between
Talker and Listener,
ft(m)
0.5 (0.15)
1 (0.3)
2 (0.6)
4 (1.2)
6 (1.8)
12 (3.7)
Background dBA
Talker's Voice Effort
Normal
74
68
62
56
52
46
Raised
80
74
68
62
58
52
Very Loud
86
80
74
68
64
58
Shouting
92
86
80
74
70
64
1. Walk-Away Test. In a noisy area, engage a person in conversation. Pace
apart until speech becomes unintelligible. Relate distance to noise level
and talker's voice effort to determine background noise level of noisy
area. Record noise level and description and location of noise source.
2. To determine the direction of a noise source, cup ear with hand. Using a
diagram of the facility, document the place where the test was made and
indicate the direction of the noise source and its relation to the test site.
3. Try to make a phone call in the noise area. Document difficulties, nature
of noise sources, and description of noisy area.
4. Carry a tape recorder during the inspection, set it on a fixed gain position,
and record noise source. Be sure to also describe the noise source being
recorded, nature and location of noisy area, and distance from the noise
source. These data may be useful for analysis after the inspection has been
conducted.
45
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Phase 4. Post-Inspection Interview
Upon completion of the inspection, the EPA inspector should review the findings
with the key individual at the facility responsible for coordinating the inspection. At
this time, the inspector can discuss actions necessary for resolution of noise problems
at the facility or those actions planned by EPA in followup procedures. Depending
upon the circumstances, the inspector may extend an offer to provide one or more
of the following types of technical assistance:
1) Giving general information and advice,
2) Identifying additional sources of expertise to deal with problems,
3) Training Federal personnel in use of sound measuring equipment and measure-
ment procedures,
4) Lending sound measuring equipment, and
5) Performing testing and measurement assistance on a limited basis.
46
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SECTION 6. POST-INSPECTION PROCEDURES/
Post-Inspection Report
Within a reasonable time following the inspection, EPA will provide the official in charge
of the facility a written report. The report will list the inspector's findings, any discrepancies
noted and recommendations for corrective actions. EPA will forward copies of this report to
appropriate State and local noise pollution agencies and make them available to the public,
unless confidentiality is deemed necessary.
EPA Requirements on Facility Reports
For identified violations of standards, the Regional Administrator can require that the
facility report to him on the monitoring it is doing concerning the problem, and/or the results.
Reports shall include information determined appropriate by the Regional Administrator,
in a format suitable to him. Unless confidentiality is necessary in the interest of national
security, these reports will be considered public information.
Followup Inspections
For facilities having significant noise problems, The Regional Administrator may wish to
inspect annually. For other facilities, the Regional Administrator may conduct followup
inspections as frequently as desired.
This guidance is contained in OFA's memorandum of November 20, 1975 to the Regional Administrators.
47
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SECTION 7. ADDITIONAL INFORMATION
Whether State and Local Governments Can Sue Federal Agencies for Noncompliance
with Noise Regulations
Federal Noise Regulations
A State or local government can sue the Federal government for noncompliance
with a Federal noise regulation, including violation of a noise control requirement under
Section 611 of the Federal Aviation Act, under the citizens suit provision (Section 12) of
the Noise Control Act of 1972 (PL92-574). In October 1974, EPA issued regulations
pursuant to Section 12, establishing procedures for giving prior notice of citizen suits
to EPA.
State and Local Noise Regulations
It is EPA's opinion that States and local governments may not bring suits against
Federal agencies for violations of substantive provisions of State and local noise
regulations unless the Federal government consents. (E.O. 11752, itself, states that Federal
agencies are not required to comply with State and local administrative procedures relating
to noise.) The essence of EPA's position is that the Federal Government's sovereign
immunity prevents the bringing of an action.9
What EPA Regions Can Do if a Facility Continuously Fails to Achieve Compliance
with Noise Requirements
The EPA region can resort to the "escalation" approach as stated by the Administrator
of EPA.10 In this approach, if satisfaction is not achieved on the regional level, then OFA
will call the Federal agency's headquarters to assist in solving the problem. If this does not
achieve the expected results, then the Deputy Administrator will be asked to refer the
matter to the Office of Management and Budget. If after resolution by OMB, compliance
is not reached within the time stipulated by OMB, EPA will take further action.
9This position is elaborated in the Office of General Counsel's memorandum to ONAC of September 19, 1974.
10 This policy was outlined in the John Quarles memorandum of November 20, 1973 to the Regional Administrators.
It was further defined in Sheldon Meyers' memorandum of September 16, 1975 to the Regional Administrators.
49
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APPENDIX A. INVENTORY OF IMPORTANT EPA MEMORANDA
A. RE: 11752 AND FEDERAL FACILITY COMPLIANCE
FROM
TO
DATE
SUBJECT
OFAd
ONACb
ONAC
ONAC
OGCC
ONAC
OFA
OFA
OFA
Regional
Administrators
Regional Noise
Contacts
Regional Noise
Contacts
Regional Noise
Contacts
ONAC
Regional Noise
Contacts
Regional
Administrators
Regional
Administrators
Regional
Administrators
November 20, 1973
May8, 1974
JulyS, 1974
September 19, 1974
October 21, 1974
December 4, 1974
September 16, 1975
November 21, 1975
November 20, 1975
Federal facilities' compliance with environ-
mental statutes and regulations
Regional noise contacts act as technical
advisors — use of contract assistance
Query on compliance status of agencies —
comments requested on technical guidelines
outline
OGC's opinion concerning suits by States and
local governments for non-compliance with
noise pollution standards
Compliance of Federal facilities with Federal,
State and local noise regulations
Information on role of regional noise contacts
EPA enforcement activities regarding Federal
facilities
Guidelines for exemption of Federal facilities
from compliance with environmental
standards
Information memorandum: Information and
strategy for compliance monitoring and
reporting by Federal facilities
aOFA, Office of Federal Activities, EPA
bONAC, Office of Noise Abatement and Control, EPA
COGC, Office of General Council, EPA
51
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APPENDIX A. INVENTORY OF IMPORTANT EPA MEMORANDA (Continued)
B. RE: RELATED MATTERS
FROM
TO
DATE
SUBJECT
ONAC
OFA
OFA
Regional EIS
Coordinators
October 10, 1975
December 5,1975
Proper use of the EPA "Levels Document''
in reviewing Environmental Impact State-
ments and other actions
Same subject as above.
C. RE: COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE STANDARDS ISSUED
PURSUANT TO SECTION 18 OF THE NOISE CONTROL ACT
OGC
DAA/Noised
EPA
Administrator
Various
Agency Heads
ONAC
DOD/Office of
the Deputy
Assistant
Secretary of
Defense (Environ-
ment and Safety)
Federal Agency
Heads
DAA/Noise
August 19, 1975
October 6, 1975
November 4, 1975
Late 1975
Interpretation of Section 3 (3) (B) of NCA 72:
Designed for Combat Use
Exemptions from Compliance with Section 18
of NCA 72
Notification and Request for Report Concern-
ing Compliance of Federal Vehicles with
Section 18
Plans for Achieving Compliance with Section
18 of NCA 72
DAA/Noise, Deputy Assistant Administrator/Noise
52
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO 2
EPA-550/9-77-350
4. TITLE AND SUBTITLE
Inspection of Federal Facilities for Compliance
with Noise Abatement Standards
7. AUTHOR(S)
Federal Programs Branch
Technology & Federal Programs Division, ONAC
9. PERFORMING ORGANIZATION NAME AND ADDRESS
U.S. Environmental Protection Agency
Office of Noise Abatement and Control
Washington, D.C. 20460
12. SPONSORING AGENCY NAME AND ADDRESS
15. SUPPLEMENTARY NOTES
3. RECIPIENT'S ACCESSI ON- NO.
5. REPORT DATE
December 1976
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
16. ABSTRACT
This document provides guidance to the Environmental Protection Agency regional
offices for identifying noise problems at Federal facilities, selecting facilities
to be inspected for compliance with environmental noise requirements and conducting
noise inspections at Federal facilities.
17i KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS b.lDENTIFI
Federal facility noise abatement
18. DISTRIBUTION STATEMENT 19. SE CUR I
20. SECURI
ERS/OPEN ENDED TERMS C. COS ATI Field/Group
TY CLASS (This Report) 21. NO. OF PAGES
TY CLASS (This page) 22. PRICE
EPA Form 2220-1 (9-73)
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