Chapter2 The Noise Regulation
Introduction The list ol key sections was Key Sections In Noise prepared to help you find the specific Regulation The basic foundation I()( and section you need lor a specific structure of the HUO nolsa program Is question or Issue. While the Section Subject set ou1ln the noise regulation, 24 CFR regulation Itself Is not really long, an 518. The regulation establishes the index Is always useful. We cau1ion 51 .101(a)(2) Application of Policy actual standards, assigns you, however, 11911lnst using the index to Block Granta Implementation responslbUitles, to avoid leamlll!Q the regulations. Tho 51 .101(8)(3) Polley f()( New describes review and approval list was prepared for your Construction procedures, and Identifies special convenience In applying the 51 .101(aX4) Polley for Existing situations which may warrant waivers regulation onoe you have come to Construction 5t.101{aX5l of procedures or standards. Polley tor Modernlza· understand lt. lion and Theref()(8, the key to your We prepared the annotated Rehabilitation understanding and Implementation of regulation because, try as we might, It 5t.101(;®) The Exter1()( Noise the HUO noise progrem Is a clear was Impossible to anticipate all the Goal understanding of the regulation. questions, lmplomenta11on problems 51.101(aX9) The Interior Noise There is noway to escape the task and special situations that might Goat of sitting down and simply reading the arise and to address them In the 51.102(a) Authority to Approve regulations, over and over untll you regulation. So, now that we have had a Projects thoroughly understand them. We have few years' experience with the 51.103(8) Identification of ONL hOwever done two things that will regulation, we have gathered together as The Noise Descriptor to be Used help you apply the regulations. First, the Important q uesllons, notes, 51 .103(b) How to Measure Loud for quick reference, we have prepared second thoughts etc. and prepared Impulsive Noises a list of the key sections In the this annotated regulation. We hope It The Noise Standards regulation and secood we have will give you further Insight Into what 51.118~fl a Attenuation prepared an annotated copy of the the regulation means when it is RequlrerMnis regulation. applied In the field. Discussed 51.104(bKtl Special Approval and Environmental Review Requirements for the Normally Unacceptable Zone 51 .104{b)(2) Special Approval and Environmental Review Requirements f()( the Unaccefltable zone 51.105(8) FlexlbU ty for Non· acoustic Benertts Provisions 51.106(a) How to Tell If Existing Data on Noise Are Acceptable 51.106(aX4l Specific Review and Approval Procedures For Airport Noise Contours 51 .106(d) When Noise Measurements Ma'( be Used Instead o Calculated Levels 51 .106(1) When to Give Credit lor Proposed Barriers
9 Federal Register I Vol. 44, No. 2351 (6) Provide policy to guide Thursday, July 12, 19791 Implementation of various HUD Rules and Regulations 40861 programs. (b) Authority. Specific authorities Part 51-Environmental Criteria for noise abatement and control are and Standards contained In: (1) The Noise Control Act of 1972 Subpart A-General Provisions (Pub. L 92-57 4) which directs Federal agencies to administer their programs Sec. In ways which reduce noise pollution. §51.1 Purpose. (2) The Quiet Communities Act of §51.2 Authority. 1978 (Pub. L 95-609) which amended §51.3 Responsibilities. Pub. L 92-574. §51.4 Program coverage. (3) The General Services §51 .5 Coordination with environ Administration. Federal Management mental clearance requirements. Circular 75-2: Compatible Land Uses §51.6 [Reserved) at Federal Airfields prescribes the Executive Branch's general policy Subpart B-Nolse Abatement and with respect to achieving compatible Control land uses on either public or privately §51.100 Purpose and authority. owned property at or In the vicinity of §51.101 General policy. Federal airfields. §51.102 Responsibilities. (4) Section 1113 of the Housing §51 .103 Criteria and standards. and Urban Development Act of 1965 §51 .104 Special requirements. (Pub. L 89- 117) directs the Secretary §51.105 Exceptions. " ' • • to determine feasible methods §51.106 Implementation. of reducing the economic loss and hardships suffered by homeowners as Appendix to Subpart B a result of the depreciation in the value of their properties following the Authority: Sec. 7(d). Department of construction of airporis In the vlcnlty HUD Act (42 U.S.C. 3535(d)}. of their homes, Including a study of feasible methods oi Insulating such Subpart B-Noise Abatement and homes from the noise of aircraft." Control This regulation replaces §51.101 G-ral policy. §51.100 Purpose and authority. HUD Circular 1390.2, (a) It is HUD's general policy to (a) Purpose. The Department of Noise Abatement and provide minimum national standards Housing and Urban Development Control, 1971, which Is applicable to HUD programs to finds that noise is a major source of now cancelled, along protect citizens against excessive environmental pollution which with all instructions and noise In their communities and places represents a threat to the serenity clarifying memoranda of residence. pertaining to the and quality of life in population (1) Comprehensive planning assist· centers and that noise exposure may circular. ance. HUD requires that grantees be a cause of adverse physiological give adequate consideration to noise and psychological effects as well as exposures and sources of noise as an economic losses. integral part of the urban environment It Is the purpose of this Subpart in HUD assisted comprehensive plan· to: ning, as follows: (1) Call attention to the threat of (i) Particular emphasis shall be noise pollution; placed on the importance of (2) Encourage the control of noise compatible land use planning In at Its source in cooperation with relation to airports, highways and other Federal departments and other sources of high noise. agencies; Ql) Applicants shall take into (3) Encourage land use patterns consideration HUD environmental for housing and other noise sensitive standards impacting the use of land urban needs that will provide a as required In 24 CFR Part 600. suitable separation between them (iii) Environmental studies, and major noise sources; including noise assessments, are (4) Generally prohibit HUD support allowable costs. for new construction of noise (2) Community Development Block sensitive uses on sites having Grants. Recipients of community unacceptable noise exposure; development block grants under the (5) Provide policy on the use of Housing and Community structural and other noise Development Act of 1974 (Pub. L attenuation measures where needed; 93-383). as amended by the Housing and and Community Development Act of 1977 (Pub. L 95-128), must take into
10 consideration the noise criteria and (S) HUD support ol morJemfutlon standards in the environmental review and rehabilitation. For modernization process and consider ameliorative The old dellnltlon of proJects located In all noise exposed actions when noise sensitive land major or substantial areas, HUD shall encou~ noise development is proposed In noise rehabilitation and atlenuation features In alterations. exposed areas. Grant recipients shall modernization as being For major or substantial rehabilitation address deviations from the stand· any project where cost Is projects In the Normally ards In their environmental reviews as 75% or more of replace Unacceptable and Unacceptable required In 24 CFR Part 58. ment cost no longer noise zones, HUD eotively shall seell Where CDBG activities are planned applies. Now the criteria to have project sponsora Incorporate In a noisy area, and HUD asslst.ance Is contained In Individual noise attenuation features, given the contemplated later for housing and/or program guidance extent of the rehabllltatlon being othef noise sensitive actovftles,the applies. undertaken and the level ol exterior CDBG grantee risll.s denial of the HUO noise el(posure.ln Unacceptable assistance unless the HUO standards noise zones, HUD shall strongly are met. Environmental atudles, encourage conversion of noise Including noise assessments, are exposed sites to land uses allowable costs. compatible with the high noise levels. (3) HUD support for new (6) Research, guldancesnd oonscruclion. HUD assistance for the publications. HUD shall maintain a construction of new noise sensitive continuing program designed to uses is prohibited generally for provide new knowledge of noise prOjects with Unacceptable noise abatement and con trot to public and exposures and Is dtscouraged for private bodies, to develop Improved projects with Normally Unacceptable methods for anticipating noise noise exposure. (Standards of accept· encroachment, to develop noise ablllty are contained In §St. 103(c)J abatement measures through land This policy applies to all HUD use and building construction programs providing assistance, practices, and to foster better subsidy or Insurance for housing, understanding of the consequences college housing, mobile home parks, of noise. It shall be HUD's policy to nursing homes, hospitals, and all Issue guidance documents programs providing asslsta.nce or periodically to assist HUO personnel Insurance for land development, new In assigning an acceptability category communities. redevelopment or any 10 projects in accordance With noise othef provision of facilities and serv exposure standards, fn evaluating Ices which are directed to make land noise attenuation measures, and In available for housing or noise ~sing local agencies about noise sensitive development. The policy abatement strategies. The guidance does not apply to research documents shall be updated demonstration projects which do not periodically in accordance with result in new construction or advances in the state-of-the-art. reconstruction, flood Insurance, (7) Construction equipment, Interstate land sales registration, or building equipment and any action or emergency assistance appliances. HUD shall encourage the under disaster assistance programs use of quieter construction which are provided to save lives, equipment and methods In population protect property, protect public health cenlers,the use of quieter equipment and safety, remove debris and and appliances in buildings, and the wreckage, or assistance provided that use of appropriate noise abatement has the effect of restoring facUlties techniques In lhe design of substantially as they existed prior to residential structures with potential the disaster. noise problems.
(4) HUD support for ex/sling construction. Noise exposure by Itself will not result In the denial of Existing construction HUO support for the rasale and means units which are eilhef than 1 purchase of otherwise acceptable more year existing buildingS. However, old or for which this Is environmental noise Is a marketability the second or subsequent purchasef. factor Which HUD wtu consider In determining the amount of insurance or other assistance that may be given.
11 (8) Ertetfor no/511 flOIIIS. Ills a (4) In cases where the Regional HUD goal that exterior noise levels do Administrator determines that an not exceed a day-night average sound lmporlant precedent or Issue Is level of 55 decibels. This level is Involved, such cases shall be referred recommended by the Environmental with recommendations to the Protection Agency es a goal lor Assistant Secretary for Communlty outdoors in residential areas. The Planning and Development. levels ;ecommended by EPA are not (b) Surveillance of noise problem standards and do not take Into areas. Appropriate field stall shall account cost or feulbility. For the The Noise Control Act of maintain surveillance ol potential purposes of this regulation and to 1972 required EPA to noise problem areas and advise local "publish information on meet other program objectives, sites officials, developers, and planning with a day-night average sound level the levels of groups of the unacceptablllty of sites ot 65 and below are acceptable end environmental because of noise exposure at the are allowable (see Standards In noise..• which •• .are earliest possible time In the decision requisite to protect the §51.1 03(c)). process. Every attempt shalt be made 19) Interior noise f10111S. It Is a HUD public health and welfare to Insure that applicants' site choices goal that the interior auditory with en adequate margin are consistent with the policy and environment shall not exceed a day· ol safety." EPA has standards oootalned herein. night average sound level of 45 Interpreted this to mean (c) Notice to applicants. At the that the levels should not decibels. Attenuation measures to earliest possible stage, HUD program meet these interior goals shall be reflect technical admlnlslrators shall: employed where feasible. Emphasis leaslbUlty or economic (1) Determine the aultabllltyolthe shall be given to noise sensltlve costs. "Health and acoustical environment of proposed Interior spaces suctl as bedrooms. welfare" Is defined as prOjects; Minimum attenuation requirements being "complete (2) Notify applicants or any adverse ara prescribed in §51 .104{a). physical. mental end or questionable situations; and social welt-being and not (Hl) Acoustical privacy In (3) Assure that prospective multifamily buildings. HUD shall merely the absence or applicants are apprised oilhe stand· require the use of building design and disease and Infirmity." ards contained herein so that future acoustical treatment to alford site choices will be consistent with 1couslical privacy In multifamily these standards. buildings pursuant to requirements of (d) Technical assists~. Technical the Minimum Property Standards. assistance In the measurement, estimation, interpretation. or §51.102 Respon•lblllt!H. prediction of noise exposure is (a) Authority to approve available from the Office ol projects. (1) Decisions on proposed Community Planning and projects with aocaptable noise Oevetopmenl and I he Office of Polley exposures shall be delegated to the Development and Research. Field program personnel within field olflce questions shall be forwarded offices, including projects where through the Regional Otnce to the Increased noise levels are considered Assistant Secretary lor Communlty acceptable because of non-ec:oustlc Planning and Development or his benefits under §51 . 105(~ Reid oHlce designee. program personnel may also approve (e) Interdepartmental projects in normally unacceptable coordination. Regional noise exposed areas where adequate Administrators shall foster sound attenuation Is provided and appropriate coordination between where the project doe8 not require an field offices and other departments EnvironmentaJ Impact Statement and agencies, particularly the under §S1.104(b). Environmental Prolectlon Agency, the (2) Other approvals In normally Department of Tra.nspor1atlon, unacceptable nolse exposed areas Department of Defense require the concurrence of the representatives, and the Veterans Regional Administrator. Administration. HUD staff shall utilize (3) Requests lor approvals of the acceptability standards In projects or poriIons of projects with commenting on I he prospective unacceptable noise exposures shall Impacts of transpor1atlon facilities be referred through the Regional and other nolsegenerators In the Office to the Assistant Secretary lor Environmental Impact Statement Community Planning end review process. Development for approval pursuant to §51 .104{b).
12 §51.103 Criteria Md ltancllrdl. Methoda f01 easessing the These standards 1fJP1Y to ell contribution of lOud Impulsive aound8 programs as lndlcat41d ln§6t.t0t. to day-night a...age sound level at a (a) Measure of exttmll nolae aile and mathematical expressions environments. The magnitude of the f()( determining whether a sound Is external noise environment at a site is classed as ''I oud Impulsive" are determined by the value of the day· provldod In tho Appendix. night average sound level produced (c) Exterlorstandards. The dogree as the result of the ~~eeumulatlon of of acoeplablllty of the noise noise from all sources contributing to environment at a site is de1ennlned by the external noise envoronmentat the the sound levefs external to bolldtngs slle. Day-rvght-.geiOUnd IIM!I, or OCher f.clhtles containing noose Mlbreviated as DNL lnd lymboliled sensotove ~ . The standards shaU as l Site Acceptability Standards Day·nighl average sound level On declbOIS) Special approvals and requirements Acceptable Not exceedong M d8(1)_None Normally Unacceptable __ Above M dB but not exceeding 75 dB _ Special Appfovals (2) Environmental Review (3) Attenuation (4) Unacceptable Above 75 dB _ Special Approvals (2) Environmental Review (3) Attenuation (5) Notes.-(1)Acceptable threshold may be shifted to 10 dB in special circumstances puriiNIIIl to Section 51.105(1) (2) See Section 51104(b) lor requirements (3) See Section 51.104(b) f()( requirements (4) 5 dB addltlonel attenuation required for sites above 65 dB but not exceeding 70 dB ond 10 dB additional attenuation riKlJulred lor sites above 70 dB but not exceeding 75 dB. (See Section 511~a).) (5) Attenuation measures to be submllted to the Assistant Secretary f()( CPO for approval on a ~ 13 §51 .1 04 Spacial ~rementL (aJ Nolu anenuarlon. Noise attenuation tneasurN are those required In addition to attenuation provided by buildings as commonty constructed In the area, and requiring open windows tor ~~entil,.lon . Measures that reduce Assumption Is thlt external noise at a aile shall be US«! Standard construc11on Berms and barriers are whera...r practicable In preference to provtdel an a-.ge of our first choice because the lncorparatlon ol 8ddltlonal noise 20 ~n attenuetton. At 65 they pfO'ifde protection allenuatlon In buildings. Bulldlng ~ or below thla lor yards, playgrounds, designs and constfiiCUon techniques amount or attenuation etc. Since outdo()( that provide more noise attenuation would be aufflclent to actiVity Is often 111JtY than typlc:aJ construction may be meet Interior ,_. of 45 imponant to residents employed also to "-' the noise Lctn. Additional we want to protect the attenuation requirements. requirements are outdoor areas as much (1) Normally Una~table no/sa deslgntcl to meet this as possible. laM Approvals In this zone require gee~ - when exterior a minimum of 5 decibels additional noise ,_,, are higher. By deliniiiOI'I a bwrier sound attenuation lor buildings must be separate from t-~ng I'IOI~Jtr~e US8I If the the building or area II Is day-night -rage sound level is pfO'ifding attenuation greater than 65 decibels but does tor After all barriers are not exceed 70 decibels, or a preferred because they minimum of 10 decibels ol Improve extenor as well additional aound attenuation If the as lnterfw levels. Non day-night 8'1trlge SOUnd 1-1 Is noise sensitive buildings gre~uer than 70 decibels but does can, however, be used not a~ceoo 75 decibels. as barriers tor noise (2) Unaccapllble noise eenslllve buildings or laM Noise attenuation measures e~tenor areas. require the approval or the Assistant Seaetaty tor CommunJty Planning and De.elopment (See §51 104{b)(2).) (b) Spec/1/ Approvals and Enwronmental Review ReQuirements EIMronmtntal clearances shall be conducted pursuant to the requirements of HUD'I Depart~tal Polldea, Responstbohttes and Procedures for Protection and Enhancement of Environmental Ouallty (38 FR 19182 as amended) or other environmental regulations which may be Issued by the Depa,ment The Special Clearance and En'i1ronmentat Impact Statement (EIS) threshold requirements are hereby modllled for Substitute all prOjects propos«~ In the Normally Elwlronmentat unacceptable and Unacceptable Assess~t (with ECO noise oxposure zones as follows: concurrence) wher_, (I) Normally UMccaptable norse you see Spacial laM ~~ All proJects located In !he 0-.nce NormaJty Unacceptable Noise Zooe requtre a Special EnvlronmentaJ Cleatlnce except an EIS Is required tor a prOposed project located In a largety undeveloped area. or where the HUD actoon Ia hkely to encourage the establishment ol Incompatible land useln this noise zone. ~I) When an EIS Is required, the concurrence of the Regional (61 Other altee Which are not Administrator Is also required before IXIlOMd to noise above t.., 65 and e project can be~ For the which meet program objectives are purposes of this ~.en aree generally not available WUI be CXIOSidenld IS largely The above factors shalt be u~loped unless the erea within a When the area In ~led and made pan of the 2-mlle rw!ius of the project boundlry question Is In a small project file. Is lllOflthan SO percent deYeloped for community outside an ulban uses end infrastructure SMSAandthe §51.1081~·t•11on (pettlcullrty water end sewers) Is IPPIIcellon of the 2 mile (a) Use of available dlta, HUO field evallable and has capacity to serve radius rule would be ataff shall make maximum use of the project. unreasoneble, an area noise data prepared by others when ~II) All other prolects In the oen be considered largely euch data are detennlned to be N0 15 (3) Sll11s in the vicinity of lnstalltltlons prodUCing loud ReQuests focdetermlnatlonon usage Impulsive sounds. Certain of new or reviSed areawide data shall Department of Defense Installations Include the following: produce loud Impulsive sounds from Q) Maps allowing old, If applicable, artillety firing and bombing practice and new noise contours, along with ranges. Noise analyses for these brief descrlpllon of data source and facilities sOmetimes encompass sites methodology. that may be subject to the (II) Impact on exisllng and requirements of this standard. Where prospective urbanized areas and on such analyses are available they may development actlvfly. be used on an Interim basis to (ill) Impact on HUQ.assisted establish the ac<:eplabillty of sites projects currently In processing. under this standard (i'l) Impact on future HUO program The Department of Defense uses acllvlly. Where a lleld office has day-night average sound level based determined that Immediate approval on C-welghted sound level, of new areawide data Is necessary symbolized lcdn. for the analysis of and warranted In limited geographic loud lmpul~lve sounds. Where such Contours roc future noise areas, the request for approval should analyses are provided, the 8 decibel levels based on new state the circumstances warranllng addition specified In 51.103(b),ls not construction, mission such approval. Actions on PtOPOSed required, and the same numerical changes etc. which projects shall not be undertaken while values of day-night average SOUnd become available as part new areawide noise data are being level used on an Interim basis to of the EnVironmental considered for HUO use except where determine site suitability lor llOf\o Impact Statement the prOposed location ts affected In Impulsive sounds apply to the lcdn· process shall not be used the same manner under both the old (4) Use of areawide acoustical until the NEPA process Is and new noise data. data HUO encourages the COfnplete and a decision (b) Site assessments. Compliance preparation and use of areawide on the proposed action is with the standards contained In acoustical Information, such as noise made. §51.103(c} shall, where necessary, be contours for airports. Where such determined using noise assessment new or revised contours become guidelines, handbooks, technical available for airports (civil or mllltal)) documents and procedures issued by and military Installations they shall tha Department. first be referred to tho Regional Office (c) Variations m $//e noise (Environmental Clearance Office<) fOf levels. In many Instances the noise review evaluation and decision on environment wilt vary across a site, appropriateness for use by HUO. The with portions or the slle being In an Regional Office shall submit revised When new or revised Acceptable noise environment and contours to the Assistant Secretary of contours are approved, other portions In a Normally COfnmunlty Planning and mak.e sure all Interested Unacceptable noise enVironment. The Development for review, evaluation people In local area are standards In §51.103{c) aha!J apply to and declson whenever the area informed that HUO will the portions of a building or buildings affected Ia changed by 20 percent Of be using different used lor residential purposes and for mOfe or whenever It Is determined contours. Make a special ancillary noise sensitive Open spaces. that the new contours will have a elton to lnfonn the most (d) Noise measurements. Where significant effect on HUD programs, active developers In area noise assessments result In a finding or whenever the contours are not or developers who have thatthe site is borderilne or . provided in a methodology ecceptable wonced with HUD before. questionable, Of Is controverstal, under§51.106(a)(t) orin other cases noise measurements may be where the Regional Office determines pertormed. Where it Is determined that Headquarters review Is that noise measurements are warranted. For other areawide ------required, such measurements will be acoustical data, review Is required This ts also required for conducted In accordance with only where existing areawide data are noise studies for devel· methods arld measurement criteria belng utiliZed and where such data opera by consultants, established by the Department. have been changed to reflect changes whether to provide t.ocatlons foc noise measurements in the measurement methodology or original data, or to will depend on the locallon of noise underlying noise source assumptions. contest existing data ore senslllve uses that are nearest to the HUO analysis It Is predominant noise source (see t03{c)). particulariy important to §51 make sure the same traffic, vehicle or operational data were used for each study, when one study is being contested. 16 (e) P!O{ectlons ol nols. exposure tn addition to assessI no existing expoeure, future condlllons should be prc~tected To the extent possible, noise expoeure shall be PfOiecled to be repfesentatlve of conditions thai are expocted to exist at a lime at least 10 yeara beYOIId the date of the When proJections fpr prosect pr ectlon under review. airpprts are basad on new (f) Reduction ol site noise by use of construction or similar berm• en 1 ( /0700 10 IL. (I)+ 10Y10 dt L,. = tO log 10 l86400 j()(1:Xl 2200 L (t)l10 /, 2400 10 IL. 17 Time t Is In seconds, so the limite 7. How are loud Impulsive sounds to ((ti)(IXqiPons shown In hours and minutes are be evaluated? UO!IoesJ'I:lefOJd 1141 9N89 01 liiQI!fii!AII ectually Interpreted In seconds. L,.(t) 8. At what point on a building's pue 9QIItd UjiOU Sj eJnl:>n.IISIUJU! Is the time 1131Ying value of A exterior are sound levets to be pue sesn ueq.m .101 pedofat.ep weighted sound level, tho quantity In determined? '/oa!i Ul!\IISS&f SII:>8!0Jd elll jO SRfpeJ decibels measured by en Instrument 9. What Is the baste assumption 811W ~ e U1411"' eaJe 941 ue4M ·c1 satisfying requirements of American behind the attenuation levels ((Q}t,Ot '19 uou:>eS) National Standard Specification for required? ·auoz &fCI1!1doo:>eun Type 1 Sound Level Meters 10. What type of attenuation hlf1!WJON 941 Ul Sll:lllfcud 941 pw S1.4-1971. measutes are preferred? 1!8/e pedo1e.wpun . 18 Development JOjNetiiJ:>;IS IUe)SjSSV 81ti ·g ((p)9Qt ' tSU0!1~ "II!IS.t9AOJIUOO [FR 79-21481 Filed 7-11-79,8:45 ((tXe)ZOI tSUOfi:JaS) Doc. Sf BlfS ell I U94NI J0 'llfQI!Id8:>:>eUn am] PBJtnbaJ Si Sl3 ou • pue 9JQI!fd9:>0V U99Mieq IIUI~Sj)JOQ BlUING CODE 4210-01 -11 1141 UO Sf BI!S 11\111841 591110[pul papfAOJd S! uonenueue punos acenbape • 1uawssasse esrou 9\ll 00\lNI-