LEGISLATIVE TITLE: Noise Control Act of 1972
UNITED STATES CODE CITATION: 42 U.S.C. 4901 to 4918
OTHER TITLES AND POPULAR NAMES: None identified.
SUMMARY: This Act establishes a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. To accomplish this, the Act establishes a means for the coordination of Federal research and activities in noise control, authorizes the establishment of Federal noise emissions standards for products distributed in commerce, and provides information to the public respecting the noise emission and noise reduction characteristics of such products (42 U.S.C. 4901). The Act authorizes and directs that Federal agencies, to the fullest extent consistent with their authority under Federal laws administered by them, carry out the programs withing their control in such a manner as to further the policy declared in 42 U.S.C. 4901. Each department, agency, or instrumentality of the executive,legislative and judicial branches of the Federal Government having jurisdiction over any property or facility or engaged in any activity resulting, or which may result in, the emission of noise shall comply with Federal, State, interstate, and local requirements respecting control and abatement of environmental noise. Each Federal agency shall, upon request, furnish information to the Environmental Protection Agency (EPA) regarding the nature, scope, and results of the noise research and noise-control programs of that agency, and shall consult with EPA, as required, in prescribing standards or regulations respecting noise. Certified low-noise-emission products shall be acquired for use by the Federal Government in lieu of other products if the Administrator of General Services determines that reasonably priced, reliable substitutes exist (42 U.S.C. 4914). The Act includes provision for citizen suits (42 U.S.C. 4911(a)) whereby any person may commence civil action against the United States or any governmental instrumentality or agency who is alleged to be in violation of any noise control requirement.
RESOURCES COVERED: Environmental noise - intensity, duration and character of sounds from all sources
COMPLIANCE REQUIREMENTS: Each Federal agency is required to limit noise emissions to within compliance levels. The Corps is responsible for operating its facilities within compliance noise levels set forth in Federal regulations, and state and/or local laws. The Corps also may be required to investigate the purchase of alternative machinery or equipment that has been certified as "low-noise-emission" by the GSA.
REVIEW AND CONSULTATION REQUIREMENTS
Who Reviews or Consults: Environmental Protection Agency, General Services Administration, Department of Transportation, Federal Aviation Administration, State and local governments
Process: None specified.
Product: None specified.
Timing/Schedule: None specified.
Civil Works Planning: ER 1105-2-100, Guidance for Conducting Civil Works Planning Studies, Chapter 5.
Civil Works Engineering: None specific to this statute
Civil Works Construction: None specific to this statute
Civil Works Operations: None specific to this statute
Regulatory: None specific to this statute
FOR MORE INFORMATION SEE: None identified
IMPLEMENTING GUIDANCE OF OTHER AGENCIES
Agency: Environmental Protection Agency
Guidance Title: None identified.
Code of Federal Regulations Citation: 40 C.F.R. 209-211
MANAGEMENT OPPORTUNITIES: None identified.