The Clean Air Act: Noise Pollution Regulation Explained

The Clean Air Act regulates all forms of air pollution in the US, and under this act, the Environmental Protection Agency (EPA) is mandated to investigate and study noise and its effects on public health and welfare. The 1990 Clean Air Act Amendments added a new title IV, relating to acid deposition control, without repealing the existing title IV, relating to noise pollution. The Noise Control Act of 1972, also known as the Noise Pollution and Abatement Act, establishes a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. It also established mechanisms for setting emission standards (noise regulation) for sources of noise, including motor vehicles, aircraft, and construction equipment. While primary responsibility for controlling noise rests with state and local governments, federal action is essential to deal with major noise sources in commerce, and the EPA retains its authority to regulate noise pollution.

The Clean Air Act established the EPA's Office of Noise Abatement and Control (ONAC)

The Clean Air Act established the Environmental Protection Agency's (EPA) Office of Noise Abatement and Control (ONAC) in 1970. The ONAC was tasked with investigating and studying the effects of noise on public health and welfare, as well as coordinating all federal noise control activities. The office was established in recognition of the growing danger that noise pollution poses to the health and welfare of the nation's population, particularly in urban areas. Major sources of noise include transportation vehicles, equipment, machinery, appliances, and other products in commerce.

The ONAC's specific objectives were to determine the "projected growth of noise levels in urban areas through the year 2000" and the "effects of sporadic extreme noise... as compared with constant noise", reduce noise pollution in urban areas, and minimize noise-related impacts on humans, wildlife, and property. In 1974, the ONAC published a 'Model Community Noise Ordinance' for local governments to modify and adopt as needed.

However, in 1981, the EPA concluded that noise issues were best handled at the state and local level, and the ONAC was closed. The primary responsibility for addressing noise issues was transferred to state and local governments, although the EPA retained its authority to investigate and study noise and its effects, disseminate information to the public, respond to inquiries, and evaluate the effectiveness of existing regulations.

The shift to state and local governance of noise pollution was influenced by the Reagan-era conservatives, who blocked federal efforts to address noise pollution as a form of dangerous air pollution. Despite this, the EPA still retains its statutory authority under the Clean Air Act to regulate noise pollution, and the Noise Control Act of 1972 and the Quiet Communities Act of 1978 remain in effect today.

The Noise Control Act of 1972 established a national policy to promote a noise-free environment for Americans

The Noise Control Act of 1972, also known as the Noise Pollution and Abatement Act, established a national policy to promote a noise-free environment for all Americans. The Act recognizes that uncontrolled noise poses a growing danger to the health and welfare of the population, particularly in urban areas. Transportation vehicles, equipment, machinery, appliances, and other products in commerce are among the major sources of noise.

The Noise Control Act of 1972 directs the Environmental Protection Agency (EPA) to coordinate all federal noise control activities and establishes a national policy to promote an environment free from harmful noise levels. It also authorizes the EPA to set federal noise emission standards for products distributed in commerce and to provide information to the public on noise emission and reduction.

Under the Clean Air Act, the EPA established the Office of Noise Abatement and Control (ONAC) to carry out investigations and studies on noise and its effects on public health and welfare. The ONAC was responsible for handling noise pollution reports and educating the public about its impacts. However, in 1981, the Reagan administration defunded the ONAC, transferring primary responsibility for addressing noise issues to state and local governments.

The Quiet Communities Act of 1978 extended the provisions of the 1972 Act, and the Quiet Communities Act of 2021 was introduced to encourage the EPA to reestablish the ONAC and promote local noise control programs, research, and education. The 1990 Clean Air Act Amendments also added a new Title IV related to acid deposition control while retaining the original Title IV on noise pollution.

The Noise Control Act of 1972 and subsequent legislation reflect a recognition of the harmful effects of noise pollution on human health, including hearing impairment, sleep disturbances, hypertension, and psychological and physiological dysfunctions. By establishing national policies and coordinating efforts across different levels of government, these laws aim to create a quieter and healthier environment for Americans.

The Quiet Communities Act of 1978 extended the provisions of the 1972 Act

The Quiet Communities Act of 1978 extended the provisions of the Noise Control Act of 1972 for one year. The 1978 Act was passed by the 95th US Congress and signed into law on November 8, 1978.

The 1972 Act established a national policy to promote a noise-free environment for all Americans, protecting their health and welfare. It also established a means for effective coordination of federal research and activities in noise control, authorized the establishment of federal noise emission standards for products, and provided information to the public on noise emission and reduction.

The 1978 Act directed the Environmental Protection Agency (EPA) to study the effects of aircraft noise from an airport on communities located in a state other than the one in which the airport was located. It also amended the Noise Control Act of 1972 to include a civil penalty of up to $10,000 per day for violations of certain paragraphs of the Act.

Additionally, the 1978 Act aimed to promote the development of effective state and local noise control programs by providing grants and technical assistance. It also sought to carry out a national noise control research program to assess the impacts of noise on mental and physical health, as well as a national noise environmental assessment program to identify trends in noise exposure and response.

While the EPA's Office of Noise Abatement and Control, established under the Clean Air Act and the 1972 and 1978 Acts, was defunded in 1981-82, the EPA retains authority to investigate and study noise and its effects, disseminate information to the public, respond to inquiries, and evaluate the effectiveness of existing regulations.

The Noise Pollution and Abatement Act of 1970/1972 set emission standards for noise regulation

The Noise Pollution and Abatement Act of 1972 set emission standards for noise regulation. Under the Clean Air Act, the Environmental Protection Agency (EPA) administrator established the Office of Noise Abatement and Control (ONAC) to carry out investigations and studies on noise and its effect on public health and welfare. The ONAC coordinated all federal noise control activities until 1981 when the Administration decided that noise issues were best handled at the state and local levels. The primary responsibility for addressing noise issues was then transferred to state and local governments.

The Noise Control Act of 1972 establishes a national policy to promote an environment for all Americans free from noise that jeopardizes their health and welfare. It also aims to establish a means for effective coordination of federal research and activities in noise control. The Act authorizes the establishment of federal noise emission standards for products distributed in commerce and provides information to the public about noise emission and noise reduction characteristics. While the primary responsibility for controlling noise rests with state and local governments, federal action is essential to deal with major noise sources in commerce, which require national uniformity of treatment.

The EPA is directed by Congress to coordinate the programs of all federal agencies relating to noise research and noise control. The EPA or a designated federal agency regulates noise sources, such as rail and motor carriers, low-noise emission products, construction equipment, transport equipment, trucks, motorcycles, and the labeling of hearing protection devices. The EPA also has the authority to investigate and study noise and its effects, disseminate information to the public about noise pollution and its adverse health effects, respond to inquiries on matters related to noise, and evaluate the effectiveness of existing regulations for protecting public health and welfare.

The 1990 Clean Air Act Amendments added a new Title IV related to acid deposition control while retaining the existing Title IV, which relates to noise pollution. The traditional definition of noise is "unwanted or disturbing sound." Sound becomes unwanted when it interferes with normal activities such as sleeping or conversation or disrupts or diminishes one's quality of life. Noise pollution adversely affects the lives of millions of people, and studies have shown direct links between noise and health.

The Clean Air Act prohibits manufacturing, selling, or installing parts to bypass/render inoperative emission control devices

The Clean Air Act (CAA) is a comprehensive federal law that regulates air emissions from stationary and mobile sources. The Act authorises the Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) to protect public health and welfare and to regulate emissions of hazardous air pollutants.

The CAA contains two key requirements: one related to tampering and the other to defeat devices. The Act prohibits the manufacturing, selling, offering for sale, or installing of aftermarket devices that bypass, defeat, or render inoperative emission control devices. These devices, often referred to as "defeat devices", are designed to circumvent the emissions control systems of motor vehicles, resulting in increased emissions of harmful pollutants.

Emission control devices are installed on motor vehicles and engines by original equipment manufacturers to comply with CAA emission standards. However, aftermarket parts can be sold that physically alter or remove filters, catalysts, and other critical emission control components, leading to increased emissions of nitrogen oxides (NOx), particulate matter (PM), and other pollutants. NOx emissions can cause significant health and environmental issues, including ozone depletion and respiratory problems, especially in children and the elderly.

To enforce the CAA, the EPA pursues legal action against companies that violate the tampering and defeat device prohibitions. For example, in 2024, the EPA settled with Advanced Flow Engineering, Inc. (aFe), which agreed to stop the sale of products that allegedly violated the CAA and paid a civil penalty of $250,000. The EPA's National Enforcement and Compliance Initiative (NECI) for Fiscal Years 2020-2023 focused on stopping the manufacture, sale, and installation of defeat devices on vehicles and engines, resulting in significant civil and criminal penalties.

Frequently asked questions