1.4a (3) (b) Oct. 12: Considered in Senate, pp. S17743-S17764, S17774-S17785

"DEFINITIONS

"SEC. 404. For purposes of this title and
title V of this Act:

"(a) The term 'Administrator' means the
Administrator of the Environmental Protec-
tion Agency.

"(b) The term 'person' means an indi-
vidual, corporation, partnership, or associa-
tion, and (except as provided in section 413
(a)(1) of this Act) includes any officer, em-
ployee, department, agency, or instrumen-
tality of the United States, a State, or any
political subdivision of a State.

"(c) The term 'product' means any manu-
factured article or goods or component there-
of; except that such term does not include-

"(1) any aircraft, aircraft engine, propel-
ler, or appliance, as such terms are defined
in section 101 of the Federal Aviation Act,
as amended (49 U.S.C. 1431); or

“(2)(A) any military aircraft, rockets,
weapons, or equipment which are designed
for combat use; or (B) any aircraft, rockets,
launch vehicles, spacecraft, or equipment
which are designed for research, experi-
mental, or developmental work to be per-
formed by the National Aeronautics and
Space Administration, as determined by the
President under section 406 of this Act.

"(d) The term 'ultimate purchaser' means
the first person who in good faith purchases
a product for purposes other than resale.
"(e) The term 'new product' means
product the equitable or legal title to which
has never been transferred to an ultimate
purchaser. Products remanufactured or re-
built by a manufacturer from used products
to restore original functions shall be con-
sidered to be new products for the purposes
of this title and title V of this Act.

"(f) The term 'manufacturer' means any
person engaged in the manufacturing, as-
sembling, or importing of new products, or
who acts for, and is controlled by, any such
person in connection with the distribution
of such products, but shall not include any

"(4) An agency of two or more municipal-
ities located in the same State or in different
States and having substantial powers or
duties pertaining to the prevention and con-
trol of environmental noise.

"(1) The term 'municipality' means a city,
town, borough, county, parish, district, or
other public body created by or pursuant to
State law.

"(m) The term 'noise emission standard'
means a statement of a noise level or other
acoustical characteristic which may not be
exceeded under specified conditions or meth-
od of operation. Such standard shall include
the test procedures to be followed and shall
be stated in terms of performance rather than
design criteria.

"(n) The term 'environmental noise' means
the intensity, duration, and character of
sounds from all sources.

"(o) The term 'cumulative noise exposure'
means the exposure of individuals in defined
areas around airports to noise from aircraft
operations weighted by time of day."
"RESEARCH, INVESTIGATION, TRAINING, AND
OTHER ACTIVITIES

"SEC. 405. (a) The Administrator shall es-
tablish a national research and development
program for the prevention and control of
environmental noise and as part of such
program shall-

"(1) conduct, and promote the coordina-
tion and acceleration of, research, investiga-
tions, experiments, training, demonstrations,
surveys, and studies relating to the causes,
effects, extent, prevention, and control of en-
vironmental noise;

"(2) conduct and finance research by con-
tract with any person, on the effects, meas-
urement, and control of noise, including but
not limited to-

"(A) investigation of the direct or indirect
effects of noise on humans (including
physiological and psychological effects), and
the direct or indirect effects of noise on do-
mestic animals, fish, wildlife, and property,

with other public and private agencies, in-
sttiutions, and organizations, and with any
industries involved, in the preparation and
conduct of such research and other activities,
including technical assistance;

"(3) make grants to environmental noise
control agencies, to other public or nonprofit
private agencies, institutions and organiza-
tions, and to individuals, for purposes stated
in subsection (a) of this section;

"(4) contract with public or private agen-
cies, institutions and organizations, and with
individuals, without regard to sections 3648
and 3709 of the Revised Statutes (31 U.S.C.
529; 41 U.S.C. 5);

“(5) provide training (without fee) for,
and make training grants to personnel of
environmental noise control agencies and
other persons with suitable qualifications;

"(6) establish and maintain research fel-
lowships, in the Environmental Protection
Agency and at public or nonprofit private
educational institutions or research orga-
nizations;

"(7) collect and make available through
publications and other appropriate means,
in cooperation with other Federal depart-
ments and agencies, and with other public
or private agencies, institutions, and orga-
nizations having related responsibilities,
basic data on physical, and human and other
effects of varying levels of noise and other
information pertaining to noise and the pre-
vention and control thereof; and

"(8) develop effective

and practical
processes, methods, and prototype devices for
the prevention or control of environmental
noise.

"(c) In carrying out the provisions of sub-
section (a) of this section the Administra-
tor shall conduct research on, and survey
the results of other scientific studies on,
the harmful effects on the health or wel-
fare of persons by the various known noise

sources.

"(d) In carrying out research pursuant to

who acte

for. an

dealer with respect to any new product re-
ceived by him in commerce.

"(g) The term 'dealer' means any person
engaged in the sale or the distribution of new
products to the ultimate purchaser who may
prepare a product for sale or distribution to
the ultimate purchaser: Provided, That when
such dealer's preparatory or final assembly
work involves modifications which increase
the noise emission characteristics of such
product, such dealer shall then be considered
a manufacturer of such product for the pur-
poses of this title and title V of this Act.

"(h) The term 'commerce' means trade,
traffic, commerce, or transportation-

"(1) between a place in a State and any place outside thereof, or

"(2) which affects trade, traffic, commerce,
or transportation described in paragraph (1)
of this subsection.

"(i) The term 'State' includes the District
of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, the Canal Zone,
American Samoa, Guam, and the Trust Ter-
ritory of the Pacific Islands.

"(j) The term 'Federal agency' means any
department, agency, or instrumentality of
the United States including United States
Postal Service.

"(k) The term 'environmental noise con-
trol agency' means any of the following:

"(1) A single State agency designated by
the Governor of that State as the official State
environmental noise control agency for pur-
poses of this Act;

"(2) An agency established by two or more
States and having substantial powers or
duties pertaining to the prevention and con-
trol of environmental noise;

"(3) A city, county, or other local govern
ment authority charged with responsibility
for enforcing ordinances or laws relating to
the prevention and control of environmental
noise; or,

and determination of acceptable levels of
noise on the basis of such effects; and

"(B) development of improved methods
and standards for measurement and moni-
toring of noise, in cooperation with the Na-
tional Bureau of Standards, Department of
Commerce.

"(3) encourage, cooperate with, and ren-
der technical services (including the drafting
of model ordinances) and provide financial
assistance to environmental noise control
agencies and other appropriate public or
private agencies, institutions and organiza-
tions, and individuals in the conduct of such
activities;

"(4) conduct investigations and research
and make surveys concerning any specific
problem of environmental noise in coopera-
tion with any noise pollution control agency
with a view to recommending a solution of
such problem, if he is requested to do so
by such agency or if, in his judgment, such
problem may affect any community or com-
munities in a State other than that in which
the source of the matter causing or contrib-
uting to the noise is located; and

"(5) establish technical advisory commit-
tees composed of recognized experts in vari-
ous aspects of noise to assist in the examina-
tion and evaluation of research progress and
proposals and to avoid duplication of re-
search, and for other purposes.

"(b) In carrying out the provisions of the
preceding subsection the Administrator is
authorized to-

"(1) collect and make available, through
publications and other appropriate means,
the results of activities pursuant to sub-
section (a) and other information, including
appropriate recommendations by him in con-
nection therewith, pertaining to such re-
search and other activities;

"(2) cooperate with other Federal agencies, with environmental noise control agencies,

"SEC. 406. (a) The Congress authorizes and
directs that Federal agencies shall, to the
fullest extent consistent with their authority
under Federal laws administered by them,
carry out the programs within their control
in such a manner as to further the policy de-
clared in section 402 of this Act.

"(b) Each department, agency, or instru-
mentality of the executive, legislative, and
judicial branches of the Federal Government
(1) having jurisdiction over any property or
facility, or (2) engaged in any activity re-
sulting, or which may result, in the emission
of noise shall comply with Federal, State, in-
terstate, and local requirements respecting
control and abatement of environmental
noise to the same extent that any person is
subject to such requirements. The President
may exempt any single activity or facility,
including noise emission sources or classes
thereof, of any department, agency, or instru-
mentality in the executive branch from com-
pliance with any such requirement if he de-
termines it to be in the paramount interest
of the United States to do so; except that no
exemption, other than for those products
specified pursuant to section 404 (c) (2) of
this Act may be granted from the require-
ments of sections 408, 511, and 521 of this
Act. No such exemption shal: be granted due
to lack of appropriation unless the President
shall have specifically requested such appro-
priation as a part of the budgetary process
and the Congress shall have failed to make
available such requested appropriation. Any
exemption shall be for a period not in excess
of one year, but additional exemptions may
be granted for periods of not to exceed one
year upon the President's making a new de-
[p. S17744]

termination. The President shall report each
January to the Congress all exemptions from
the requirements of this section granted dur-
ing the preceding calendar year, together
with his reason for granting such exemption.

(c) (1) The Administrator shall coordinate
the programs of all Federal agencies relating
to environmental noise research and envi-
ronmental noise control. Each Federal agency
shall furnish to the Administrator such in-
formation as he may reasonably require, to
determine, as provided under section 309 of
the Clean Air Act, if the nature, scope, and
results of the noise research and environ-
mental noise control programs of the agency
are consistent with the purposes of this Act.

"(2) Each Federal agency shall consult
with the Administrator in prescribing any
regulations respecting environmental noise.
If at any time the Administrator has reason
to believe that a standard or regulation, or
any proposed standard or regulation of any
Federal agency, respecting noise, does not
protect the public health and welfare to the
extent he believes to be required he shall
request such agency to review and report to
him on the advisability of revising such
standard or regulation to provide such pro-
tection. Any such request shall be published
in the Federal Register and shall be accom-
panied by a detiled statement of the informa-
tion on which such request is based. Such
agency shall complete the requested review
and report to the Administrator within 180
days after the date of the publication in the
shall be published in the Federal Register
Federal Register of the request. The report
and shall be accompanied by a detailed state-
ment of the findings and conclusions of the
agency respecting the revision of its stand-
ard or regulation.

"(3) On the basis of regular consultation
with appropriate Federal agencies, the Ad-
ministrator shall compile and publish an-
nually a report to the Congress on the status
and progress of Federal activities relating to

municipal agencies, and other appropriate
persons, shall compile and provide informa-
tion on methods and techniques of control-
ling environmental noise through, among
other means, product use control, land use
regulation, and construction and building
standards. Such information shall be com-
piled and published to assist State and local
governments in establishing and enforcing
environmental noise control programs sup-
ported under section 418 of this Act.

"(d) The Administrator shall from time to
time review and, as appropriate, revise or
supplement any criteria or reports pub-
lished under this section.

"(e) Any report under subsection (b) (1)
of this section identifying major noise
sources shall be published in the Federal
Register. The publication or revision of any
criteria or information on control techniques
under this section shall be announced in the
Federal Register, and copies shall be made
available to the general public.

"NOISE EMISSION STANDARDS FOR NEW PRODUCTS

"SEC. 408. (a) (1) The Administrator shall
publish proposed regulations establishing
noise emission standards for new products or
classes of products-

"(A) identified in any report published un-
der section 407(b)(1) of this Act as a major
source of noise, and

"(B) which falls in one of the following
categories:

"(i) Construction equipment.

"(ii) Transportation equipment (includ-
ing snowmobiles, motorcycles, and recrea-
tional vehicles and related equipment).

"(iii) Any motor or engine (including any
equipment of which an engine or motor is
an integral part).

"(iv) Turbines and compressors.

"(v) Electrical and electronic equipment,
except those products which are designed for
the production or reproduction of music or
sound (to the extent such reproduction is
identical, except in amplitude, to the source

based on information published under sec-
tion 407 of this Act, reflects the degree of
noise reduction achievable through the ap-
plication of the best available technology,
taking into account the cost of compliance.
In establishing such standards for any new
product the Administrator shall assure that
such standards are compatible with standards
under other laws respecting emission of air
or water pollutants and safety, including
(but not limited to) any standard under the
National Traffic and Motor Vehicle Safety Act
of 1966 (15 U.S.C. 1381 et seq.), the Clean
Air Act (42 U.S.C. 1857 et seq.), or the Fed-
eral Water Pollution Control Act (33 U.S.C.
1151 et seq.). Any standard prescribed under
subsection (a) or (b) of this section may
contain provisions respecting instructions of
the manufacturer for the maintenance or use
of the product.

"(2) After publication of any proposed
regulations under this section, the Adminis-
trator shall allow the public an opportunity
to participate in rulemaking in accordance
with section 553 of title 5, United States
Code.

"(3) The Administrator may revise any
noise emission standard prescribed by him in
accordance with this section.

"(4) Any regulation prescribed under this
section (and any revision thereof) shall
take effect after a period not to exceed
two years or such lesser time as the Ad-
ministrator finds necessary to permit the
development and application of the requisite
technology, giving appropriate consideration
to the cost of compliance within such period.
Standards prescribed under this section shall
apply to products manufactured on or after
the effective date of such standards.

“(5) The Administrator may prescribe reg-
ulations defining 'effective date' for the pur-
pose of assuring that products manufactured
before the effective date of a regulation un-
der this section were not manufactured for
purposes of circumventing the effective date

environmental noise research and environmental noise control. This report shall de

scribe the environmental

noise control pro

and assess the

grams of each Federal agency
contributions of those programs to the Fed-
eral Government's overall efforts to control
environmental noise.

"NOISE CRITERIA AND CONTROL TECHNOLOGY

"SEC. 407. (a) The Administrator shall,
after consultation with appropriate Federal,
State, and municipal agencies, and other ap-
propriate persons, within nine months after
the date of enactment of this section, issue,
noise criteria. Such criteria shall reflect the
scientific knowledge most useful in indicating
the kind and extent of all identifiable effects
on the public health or welfare which may
be expected from differing quantities and
qualities of noise, and such criteria shall set
forth levels of environmental noise the at-
tainment and maintenance of which in de-
fined areas under various conditions are req-
uisite to protect the public health and wel-
fare with an adequate margin of safety.

"(b) The Administrator, after consultation
with appropriate Federal, State, and munici-
pal agencies, and other appropriate persons,
shall within fifteen months after date of
enactment of this section compile and pub-
lish a report or series of reports (1) identify-
ing products (or classes of products) which
on the basis of information available to him
appear to be major sources of noise, and (2)
giving information on the processes, proce-
dures, or operating methods which result in
the control of the emission of noise, to imple-
ment noise emission control standards under
sections 408, 501, 503, 511, and 521 of this Act,
which such information shall include tech-
nical and other data, including costs, as are
available on alternative methods of noise
control.

"(c) The Administrator, after consulta-
tion with appropriate Federal, State, and

reproduced).

"(vi) Percussion and explosive equipment.
"(2) (A) Regulations proposed under para-
graph (1) shall be promulgated not later
than eighteen months after the date of en-
actment of this Act, and shall apply to any
appropriate new product described in para-
graph (1) which is identified (or in a class
identified) in any report published under

section 407(b)(1) of this Act on or before
the date of publication of such initial pro-
posed regulations.

"(B) In the case of any new product de-
scribed in paragraph (1) which is identified
(or is part of a class identified) as a major
source of noise in a report published under
section 407(b) (1) of this Act after publica-
tion of the initial proposed regulations under
subparagraph (A) of this paragraph, regula-
tions under paragraph (1) of this subsection
for such new product shall be promulgated
by the Administrator not later than nine
months after such report is published.

"(b) The Administrator may publish pro-
posed regulations establishing noise emis-
sion standards respecting any new product
for which he is not required to establish
standards under subsection (a) of this sec-
tion but for which, in his judgment, noise
emission standards are requisite to protect
the public health and welfare. Not later than
six months after the date of publication of
such regulations respecting such new prod-
uct, he shall promulgate regulations estab-
lishing noise emission standards for such new
prdouct.

"(c) (1) Any noise emission standard pre-
scribed under subsection (a) or (b) of this
section respecting a new product shall set
limits on noise emissions from such new
product over the useful life of the product (as
determined by the Administrator taking into
account the range of possible uses for the
same type of product) and shall be a stand-
ard which in the Administrator's judgment,

of such regulations.

"(d) (1) On and after the effective date of
any standards prescribed under this sec-
tion, the manufacturer of each new product
shall warrant to the ultimate purchaser and
each subsequent purchaser that such prod-
uct is (A) designed, built, and equipped to
as to conform at the time of sale with appli-
cable regulations under this section, and (B)

free from defects in materials and workman-
ship which cause such product, under normal
use, operation, and maintenance to fail to
conform with applicable regulations for its
useful life, as determined by the Admin-
istrator, taking into account the range of
uses for such product.

"(2) Any cost obligation of any dealer in-
curred as a result of any requirement im-
posed by paragraph (1) of this subsection
shall be borne by the manufacturer. The
transfer of any such cost obligation from a
manufacturer to any dealer through fran-
chise or other agreement is prohibited.

"(3) If a manufacturer includes in any
advertisement a statement respecting the
cost or value of noise emission control de-
vices or systems, such manufacturer shall
set forth in such statement the cost or value
attributed to such devices or systems by the
Secretary of Labor (through the Bureau of
Labor Statitics). The Secretary of Labor, and
his representatives, shall have the same ac-
cess for this purpose to the books, documents,
papers, and records of a manufacturer as
the Comptroller General has to those of a
recipient of assistance for purposes of sec-
tion 311 of the Clean Air Act, as amended.

"(e) (1) No State or political subdivision
thereof may adopt or enforce, with respect
to (A) any product manufactured after the
effective date of a regulation prescribed by
the Administrator under this section or (B)
any component incorporated into such prod-
uct by the manufacturer of such product,

[p. S17745]