The Roadmap to the Rulemaking Process
Outlining the Road
By Elliott Berger,
08/21/2009
In 2003, the EPA began a process to revise the Noise Reduction Rating regulations that were established 30 years ago. As of August 5, 2009 a proposed rule was announced with dates for a potential public hearing and receipt of written comments. On August 21, an extension was announced (see EPA Announces an Extension for Hearing Date and Public Comments). How long the process will now take is uncertain, as the EPA has to consider public comments and establish an effective date for the rule. The following steps outline what comes next.
- EPA’s proposed rule published August 5, 2009
- Public hearing October 7, 2009, Washington DC
- Written comments can be submitted until November 4, 2009
- EPA reviews public response, prepares a final rule, and establishes effective date
- Final rule is published in the Federal Register. Once any legal challenges are resolved, manufacturers begin retesting and relabeling products based on new rule. In the current proposal manufacturers have 30 months from the effective date of the rule to comply with the new labeling regulations.
The new rule calls for testing to the new ANSI S12.6 Method-A procedures instead of the older S3.19 Experimenter-Fit approach, and implements a new dual-NRR value based on computations in the ANSI S12.68 document. Separate labels for active-noise reduction and devices specifically designed for level-dependent attenuation in impulse noise are also included. The proposed rule necessitates changes to both testing and computational procedures. Regardless, at this time the new numbers are not anticipated to provide a substantially improved prediction of actual employee protection levels, and certainly will have no means to account for individual variability.
For improved predictions and the ability to estimate performance for individuals, a fit-testing system like the E-A-Rfit™ Validation System is recommended. To learn more about the E-A-Rfit system, visit http://www.e-a-rfit.com.