Noise Control Act of 1972

Policy and Regulation

Although most states had their own noise control regulations, the U.S. Congress considered it necessary to regulate the pollution coming from national sources like aviation, interstate transportation, and railroads. For Congress, it was clear at that time that (1) inadequately controlled noise was a growing danger to the health and welfare of the population, particularly in urban areas; (2) the major sources of noise were transportation vehicles and equipment, machinery, appliances, and other products in commerce; and (3) while primary responsibility for control of noise rested with state and local governments, federal action was essential to deal with major noise sources in commerce, control of which required national uniformity of treatment. In 1972, Congress declared, “it is the policy of the United States to promote an environment for all Americans free from noise that jeopardizes their health or welfare.” To that end, it created the new Chapter 42 of the U.S. Code. The new legislation, which was signed by President Richard Nixon on October 28 of that year, gave the EPA the primary role for controlling environmental noise. It is the purpose of the act “to establish a means for effective coordination of Federal research and activities in noise control, to authorize the establishment of Federal noise emission standards for products distributed in commerce, and to provide information to the public respecting the noise emission and noise reduction characteristics of such products.”

The act established three major fronts of action for the EPA against noise pollution: (1) providing the means for the coordination of federal research and activities in noise control, (2) the establishment of federal noise emissions standards for products distributed in commerce, and (3) providing information to the public respecting the noise emission and noise reduction characteristics of such products.

The new act gave the EPA complete control over noise issues at the national level. Under the new authority, the EPA had the responsibility for coordinating all federal programs in noise research and control. 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 was required to comply with federal, state, interstate, and local requirements respecting control and abatement of environmental noise. The EPA had to be consulted by other federal agencies prior to publishing new regulations on noise.

Upon request from the EPA, each federal agency had to furnish information regarding the nature, scope, and results of the noise research and noise-control programs of that agency and had to consult with the EPA in prescribing standards or regulations respecting noise. Certified low-noise-emission products had to be acquired for use by the federal government in lieu of other products if the administrator of general services determined that reasonably priced, reliable substitutes existed. If the agency considered that any proposed new or existing federal regulations did not adequately protect the public health and welfare, it could call for public review of them. Citizen suits were also authorized, whereby any person may commence civil action against the United States or any governmental instrumentality or agency alleged to be in violation of any noise control requirement.

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