Noise
Quiet Luxury
LEGAL CONSIDERATIONS REGARDING VULNERABLE POPULATIONS EXPOSED TO HARMFUL TRANSPORTATION NOISE
Quiet as luxury
Transportation noise as a public health issue
Over 104 Million Americans are at risk of heart disease, hearing loss, and other health effects due to noise
Hammer, Swinburn, Neitzel 2014
Primary Exposure
Acute Effects Decreased Sleep Quality and Quantity
Chronic Effects Hypertension
Reduced Reduced learning and productivity learning and productivity
Noise
Increased Stress, and Distraction
Sensory and neural hearing damage
Long Term Risks
Heart Disease
Endocrine disruption
Temporary change in hearing threshold
Permanent hearing loss
How loud is loud? Rustling leaves Wind
0
Subway
Birds singing
25
50
75
I-pod Max
100
Road traffic noise isn’t going to kill you, right?
7 % increase in risk of hypertension per 10 dB(A) of noise starting at 48 dB(A)
8% increase risk in heart disease per 10 dB(A)
of noise starting at 53 dB(A)
Attributed mortality in EU due to noise in
2004: 102,907 in a population of 407 million
Estimated source exposures >65 dBA LDN in US 35
30.4
30 25
19.3
20 15 8
10 5 0
0.5 0.7 Industry
0.5
2.1 3.3
Air transport Construction
2.5 3.9 Railroad Road traffic and urban rail
How does the law address noise as a public health issue? Property rights?
•The right to quiet enjoyment
Environmental Regulation?
•Pollution
Constitutional law?
•Free speech
Land use Planning?
•Public nuisance
Cost-effective legal interventions to protect health and preserve a public good
1. Direct regulation
2. Altering the informational environment
3. Altering the built environment
1. Direct regulation Construction equipment Transportation equipment 42 USC 4905(c) EPA shall regulate major sources of noise for which noise emission standards are feasible and which fall into one of the following categories
Any motor or engine Electric or electronic equipment
Is state and local action preempted? No state or political subdivision may adopt or enforce any law or regulation which limits noise emission which is not identical to EPA regulation. 42 USC 4905 (e) (1) Nothing… denies the right of any state or political subdivision to enforce controls on environmental noise through licensing, regulation, or restriction of the use, operation, or movement of any product. 42 USC 4905 (e) (2)
2. Altering the Informational Environment
(EU Mapping) European Directive 2002/49/EC on the assessment and management of environmental noise requires the drawing of road, railway and airport noise maps of communities with more than 100,000 inhabitants and of areas near the major transport infrastructures for the assessment of noise outdoors.
(US Mapping) Sporadic
and variable.
3. Altering
the Built Environment
Minnesota Policy excerpt and summary (2015) When change in anticipated Db levels is 5 dB or greater (or locations with 65day/55night), MDOT will determine whether noise wall is feasible (at least one unit will experience 7 dB reduction) and reasonable ($43,500/ benefited unit).
When both feasible and reasonable, MDOT will put decision to community vote
For highway projects involving federal funds
23 USC 109 (excerpt): The Secretary of Transportation shall promulgate guidelines … and… final decisions ….taking into consideration the need for fast and efficient transportation, … and the costs of eliminating or minimizing such adverse effects such as air, noise, and water pollution…
Translation: Public health impacts are not calculated or disclosed
Instead, calculation considers whether a 7-10 dBA can be achieved for a significant population size at a reasonable cost for projects that approach or exceed an anticipated 69 dBA for residential areas or anticipated 5 dBA increase.
23 CFR Part 772 (2011)
Compare to WHO guidelines (2009)
Night noise guidelines,
Outside = 40 dB
Interim target = 55 dB
Minnesota DOT standards (2003)
Db standards for when noise wall or bern should be considered _were_ written with the intention of protecting public health (M.A.R. 7030.0040)
The more aware we become, the more responsible we recognize we are for what is and what will be. -Teilhard de Chardin
My recommendations (I-ACT!)
Information = Strengthen the administrative process for new transportation projects by disclosing exposure assessments and health impacts
Awareness = Public health departments can champion mandatory disclosures
Coordination = Enable gov’t leadership and rulemaking
Tools = Prioritize health as a goal in transportation LAW (not just policy)
LEGAL CONSIDERATIONS REGARDING VULNERABLE POPULATIONS EXPOSED TO HARMFUL TRANSPORTATION NOISE
Quiet as luxury
Transportation noise as a public health issue
Over 104 Million Americans are at risk of heart disease, hearing loss, and other health effects due to noise
Hammer, Swinburn, Neitzel 2014
Primary Exposure
Acute Effects Decreased Sleep Quality and Quantity
Chronic Effects Hypertension
Reduced Reduced learning and productivity learning and productivity
Noise
Increased Stress, and Distraction
Sensory and neural hearing damage
Long Term Risks
Heart Disease
Endocrine disruption
Temporary change in hearing threshold
Permanent hearing loss
How loud is loud? Rustling leaves Wind
0
Subway
Birds singing
25
50
75
I-pod Max
100
Road traffic noise isn’t going to kill you, right?
7 % increase in risk of hypertension per 10 dB(A) of noise starting at 48 dB(A)
8% increase risk in heart disease per 10 dB(A)
of noise starting at 53 dB(A)
Attributed mortality in EU due to noise in
2004: 102,907 in a population of 407 million
Estimated source exposures >65 dBA LDN in US 35
30.4
30 25
19.3
20 15 8
10 5 0
0.5 0.7 Industry
0.5
2.1 3.3
Air transport Construction
2.5 3.9 Railroad Road traffic and urban rail
How does the law address noise as a public health issue? Property rights?
•The right to quiet enjoyment
Environmental Regulation?
•Pollution
Constitutional law?
•Free speech
Land use Planning?
•Public nuisance
Cost-effective legal interventions to protect health and preserve a public good
1. Direct regulation
2. Altering the informational environment
3. Altering the built environment
1. Direct regulation Construction equipment Transportation equipment 42 USC 4905(c) EPA shall regulate major sources of noise for which noise emission standards are feasible and which fall into one of the following categories
Any motor or engine Electric or electronic equipment
Is state and local action preempted? No state or political subdivision may adopt or enforce any law or regulation which limits noise emission which is not identical to EPA regulation. 42 USC 4905 (e) (1) Nothing… denies the right of any state or political subdivision to enforce controls on environmental noise through licensing, regulation, or restriction of the use, operation, or movement of any product. 42 USC 4905 (e) (2)
2. Altering the Informational Environment
(EU Mapping) European Directive 2002/49/EC on the assessment and management of environmental noise requires the drawing of road, railway and airport noise maps of communities with more than 100,000 inhabitants and of areas near the major transport infrastructures for the assessment of noise outdoors.
(US Mapping) Sporadic
and variable.
3. Altering
the Built Environment
Minnesota Policy excerpt and summary (2015) When change in anticipated Db levels is 5 dB or greater (or locations with 65day/55night), MDOT will determine whether noise wall is feasible (at least one unit will experience 7 dB reduction) and reasonable ($43,500/ benefited unit).
When both feasible and reasonable, MDOT will put decision to community vote
For highway projects involving federal funds
23 USC 109 (excerpt): The Secretary of Transportation shall promulgate guidelines … and… final decisions ….taking into consideration the need for fast and efficient transportation, … and the costs of eliminating or minimizing such adverse effects such as air, noise, and water pollution…
Translation: Public health impacts are not calculated or disclosed
Instead, calculation considers whether a 7-10 dBA can be achieved for a significant population size at a reasonable cost for projects that approach or exceed an anticipated 69 dBA for residential areas or anticipated 5 dBA increase.
23 CFR Part 772 (2011)
Compare to WHO guidelines (2009)
Night noise guidelines,
Outside = 40 dB
Interim target = 55 dB
Minnesota DOT standards (2003)
Db standards for when noise wall or bern should be considered _were_ written with the intention of protecting public health (M.A.R. 7030.0040)
The more aware we become, the more responsible we recognize we are for what is and what will be. -Teilhard de Chardin
My recommendations (I-ACT!)
Information = Strengthen the administrative process for new transportation projects by disclosing exposure assessments and health impacts
Awareness = Public health departments can champion mandatory disclosures
Coordination = Enable gov’t leadership and rulemaking
Tools = Prioritize health as a goal in transportation LAW (not just policy)
