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42 U.S.C. § 7641 — Noise abatement

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7641 — Noise abatement

**(a) Office of Noise Abatement and Control** The Administrator shall establish within the Environmental Protection Agency an Office of Noise Abatement and Control, and shall carry out through such Office a full and complete investigation and study of noise and its effect on the public health and welfare in order to (1) identify and classify causes and sources of noise, and (2) determine— (A) effects at various levels; (B) projected growth of noise levels in urban areas through the year 2000; (C) the psychological and physiological effect on humans; (D) effects of sporadic extreme noise (such as jet noise near airports) as compared with constant noise; (E) effect on wildlife and property (including values); (F) effect of sonic booms on property (including values); and (G) such other matters as may be of interest in the public welfare. **(b) Investigation techniques; report and recommendations** In conducting such investigation, the Administrator shall hold public hearings, conduct research, experiments, demonstrations, and studies. The Administrator shall report the results of such investigation and study, together with his recommendations for legislation or other action, to the President and the Congress not later than one year after December 31, 1970. **(c) Abatement of noise from Federal activities** In any case where any Federal department or agency is carrying out or sponsoring any activity resulting in noise which the Administrator determines amounts to a public nuisance or is otherwise objectionable, such department or agency shall consult with the Administrator to determine possible means of abating such noise.

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Source location: Title 42, Chapter 85, § 7641; chapter-085-air-pollution-prevention-and-control.md

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**(a) Office of Noise Abatement and Control** The Administrator shall establish within the Environmental Protection Agency an Office of Noise Abatement and Control, and shall carry out through such Office a full and complete investigation and study of noise and its effect on the public health and welfare in order to (1) identify and classify causes and sources of noise, and (2) determine— (A) effects at various levels; (B) projected growth of noise levels in urban areas through the year 2000; (C) the psychological and physiological effect on humans; (D) effects of sporadic extreme noise (such as jet noise near airports) as compared with constant noise; (E) effect on wildlife and property (including values); (F) effect of sonic booms on property (including values); and (G) such other matters as may be of interest in the public welfare. **(b) Investigation techniques; report and recommendations** In conducting such investigation, the Administrator shall hold public hearings, conduct research, experiments, demonstrations, and studies. The Administrator shall report the results of such investigation and study, together with his recommendations for legislation or other action, to the President and the Congress not later than one year after December 31, 1970. **(c) Abatement of noise from Federal activities** In any case where any Federal department or agency is carrying out or sponsoring any activity resulting in noise which the Administrator determines amounts to a public nuisance or is otherwise objectionable, such department or agency shall consult with the Administrator to determine possible means of abating such noise.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7651a — Definitions

As used in this subchapter: (1) The term “affected source” means a source that includes one or more affected units. (2) The term “affected unit” means a unit that is subject to emission reduction requirements or limitations under this subchapter. (3) The term “allowance” means an authorization, allocated to an affected unit by the Administrator under this subchapter, to emit, during or after a specified calendar year, one ton of sulfur dioxide. (4) The term “baseline” means the annual quantity of fossil fuel consumed by an affected unit, measured in millions of British Thermal Units (“mmBtu’s”), calculated as follows: (A) For each utility unit that was in commercial operation prior to January 1, 1985, the baseline shall be the annual average quantity of mmBtu’s consumed in fuel during calendar years 1985, 1986, and 1987, as recorded by the Department of Energy pursuant to Form 767. For any utility unit for which such form was not filed, the baseline shall be the level specified for such unit in the 1985 National Acid Precipitation Assessment Program (NAPAP) Emissions Inventory, Version 2, National Utility Reference File (NURF) or in a corrected data base as established by the Administrator pursuant to paragraph (3).11 So in original. The reference to “paragraph (3)” probably should be to “subparagraph (C)”. For nonutility units, the baseline is the NAPAP Emissions Inventory, Version 2. The Administrator, in the Administrator’s sole discretion, may exclude periods during which a unit is shutdown for a continuous period of four calendar months or longer, and make appropriate adjustments under this paragraph. Upon petition of the owner or operator of any unit, the Administrator may make appropriate baseline adjustments for accidents that caused prolonged outages.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1858, 1858a — Transferred

### Statutory Notes #### Codification Section 1858, act July 14, 1955, ch. 360, title IV, § 402, as added Dec. 31, 1970, Pub. L. 91–604, § 14, 84 Stat. 1709, which established Office of Noise Abatement and Control and authorized investigation of noise and its effects on public health and welfare and a report to Congress on results of this investigation, was transferred to [section 7641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7641&num=0&edition=prelim). Section 1858a, act July 14, 1955, ch. 360, title IV, § 403, as added Dec. 31, 1970, Pub. L. 91–604, § 14, 84 Stat. 1710, which authorized appropriations concerning noise pollution, was transferred to [section 7642 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7642&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7641 — Noise abatement

Page 7412 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7641 1 So in original. Probably should be ‘‘operational’’. (g) Definitions In this section, the terms ‘‘cost-effective tech- nologies and practices’’ and ‘‘operating 1 cost savings’’ shall have the meanings defined in sec- tion 17061 of this title. (July 14, 1955, ch. 360, title III, § 329, as added Pub. L. 110–140, title IV, § 493, Dec. 19, 2007, 121 Stat. 1652.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. SUBCHAPTER IV—NOISE POLLUTION Editorial Notes CODIFICATION Another title IV of act July 14, 1955, as added by Pub. L. 101–549, title IV, § 401, Nov. 15, 1990, 104 Stat. 2584, is classified to subchapter IV–A (§ 7651 et seq.) of this chapter. § 7641. Noise abatement (a) Office of Noise Abatement and Control The Administrator shall establish within the Environmental Protection Agency an Office of Noise Abatement and Control, and shall carry out through such Office a full and complete in- vestigation and study of noise and its effect on the public health and welfare in order to (1) identify and classify causes and sources of noise, and (2) determine— (A) effects at various levels; (B) projected growth of noise levels in urban areas through the year 2000; (C) the psychological and physiological ef- fect on humans; (D) effects of sporadic extreme noise (such as jet noise near airports) as compared with con- stant noise; (E) effect on wildlife and property (including values); (F) effect of sonic booms on property (in- cluding values); and (G) such other matters as may be of interest in the public welfare. (b) Inves

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