HPD Labeling: EPA Rulemaking and an Updated ANSI S12.42 NHCA Conference, Orlando, 2/27/10 Elliott H. Berger, Senior Scientist

U.S. HPD-Related Regulation and Standards EPA Hearing protector labeling regulation 40 CFR Part 211 ANSI S – REAT with optimum experimenter fit ANSI S – REAT with two methods: A and B ANSI S – Number ratings: NRS A, NRS G, OB ANSI S – MIRE and ATF methods, includes procedures for impulse noise testing

EPA Labeling: Background Why does not OSHA, MSHA, NIOSH, FDA, or CPSC regulate HPD labeling? Noise Control Act of 1972 authorized noise labeling Original EPA labeling rule promulgated in 1979 Work began on revisions in 2003 and heated up in 2009 Proposed rule issued August 5, 2009 with close of comments on November 4, 2009 Informal invitation-only meeting on January 13, 2010

Key Issues Identified by EPA Applicability to a broader range of devices including electronic and level-dependent devices Development of a more useful NRR that does not need derating Update the test methodology to replace S with reference to ANSI S Require larger subject populations for earplug testing Require periodic retesting

Principal Proposed Changes  Multiple labels for different types of products such as HPDs that are electronic and/or level-dependent  Rating will still be NRR, but computed like NRS A from ANSI S (two-number rating)  Intention was to provide realistic data, but …  Will replace ANSI S3.19 with ANSI S (Method A)  Will incorporate ANSI S  Rating will be usable with dBA  Effective date is not yet determined  Periodic retesting will be required (5 yrs. proposed)

One Label Becomes Three

One Label Becomes Three Five (?)

New Materials in ANSI S12.42 Still specifies MIRE and ATF procedures but … New standard is more comprehensive and includes Detailed description of MIRE and enhanced ATF Method applicable to active sound cancellation devices (combination of MIRE and REAT) Description of specific test noises, including generation of impulse test noises

How to Position MIRE Microphones

Acoustical Test Fixtures (ATFs) in Current Use

Institut de St. Louis (ISL) - Impulse Test Set-up Range in SPLs 110 – 195 dBP

National Institute for Occupation Safety and Health – Shock Tube Range in SPLs 130 – 164 dBP

Next Steps  EPA considering input from public hearings, docket submissions, and the informal labeling-discussion meeting  A draft final rule will be prepared this year, then circulated for internal agency approval and external OMB review  Final rule to appear sometime after August 2010?  New labeling will begin about 12 months after promulgation, and will be complete ~ 30 months or more thereafter  ANSI S12/WG11 developing a standard for FAMS (S12.71), with a target publication date of late 2011

Basic Acoustical Test Fixture (ATF) ANSI S (R2004) Suitable only for earmuffs Lacks refinements called for in the new S12.42

ANSI S Corresponds to prior ANSI standards 2008 version more explicit in fitting instructions Will likely be required in updated EPA rules Method A – Trained-Subject Fit Method B – Inexperienced-Subject Fit Approximates upper limits of attenuation for groups of workers – best real-world estimate 2008 version has only minor updates May not provide sufficient reproducibility

Gain at Eardrum (dB) Frequency (Hz) k2k4k8k16k TFOE = A - B Transfer Function of the Open Ear Hazard measured here Earphones measured here