THE SCIENCE AND APPLICATIONS OF ACOUSTICS - H. H. Arnold ...

320 13. Criteria and Regulations for Noise ControlAs the corollary to these acts, the Environmental Protection Agency (EPA)(1973), the Department of Labor (DOL), and the Department of Transportation(DOT) have been designated as the principal federal agencies to issue and enforcenoise control regulations.Under the National Environmental Policy Act of 1969, any federally fundedconstruction project requires the preparation and submission of an EnvironmentalImpact Statement (EIS), which assesses the public impact of the noise thatwill be generated by the erection and operation of the completed project. Thecreation of the Office of Noise Abatement and Control (ONAC) as a branch ofEPA was sanctioned by the Noise Pollution and Abatement Act of 1970. Thisoffice carries total responsibility for investigating the effect of noise on publichealth and welfare. The Occupational Safety and Health Act of 1970 set up themechanics of enforcing safe working conditions, of which noise exposure criteriaconstitute a part. The Noise Control Act of 1972 probably contains the mostimportant piece of federal legislation in regard to noisy environments. While EPAis given the primary responsibility for monitoring sound levels in the community,this legislation provides for a division of powers among the federal, state, and localgovernments.13.2 Noise Control Act of 1972With the passage of the Noise Control Act of 1972, the U.S. Congress establishedthe national policy of promoting an environment that is free of excessivenoise that would be deleterious to health, safety, and welfare. EPA was chargedwith the responsibility of coordinating federal efforts in noise control research,identification of noise sources and the promulgation of noise criteria and controltechnology, the establishment of noise emission standards for commercial products,and the development of low-noise emission products. This agency also bearsthe responsibility of evaluating the adequacy of Federal Aviation Administration(FAA) flight and operational noise controls and the adequacy of noise standards onnew and existing aircraft (including recommendations on retrofitting and phaseoutof existing aircraft). However, under the provisions of Section 611 of the FederalAviation Act of 1958, FAA retained the right to prescribe and amend standardsfor the measurement of aircraft noise and sonic boom, but EPA can raise objectionsto FAA standards that, in the opinion of EPA, do not protect public healthand welfare. Irreconcilable differences may be resolved by filing of a petition forreview of action of the Administrator of EPA or FAA only by filing in the UnitedStates Court of Appeals for the District of Columbia Circuit. EPA may subpoenawitnesses and serve relevant papers to obtain information necessary to carry outthe act.Section 17 of the Noise Control Act also assigns the task of developing noiseemission regulations for surface carriers engaged in interstate commerce by railroads,in consultation with the Secretary of Transportation. States and local