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

2. U.S. HPD-Related Regulation and Standards EPA Hearing protector labeling regulation 40 CFR Part 211 ANSI S3.19-1974 – REAT with optimum experimenter fit ANSI S12.6-2008 – REAT with two methods: A and B ANSI S12.68-2007 – Number ratings: NRS A, NRS G, OB ANSI S12.42-2010 – MIRE and ATF methods, includes procedures for impulse noise testing

3. 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

5. 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 S3.19-1974 with reference to ANSI S12.6-2008 Require larger subject populations for earplug testing Require periodic retesting

6. 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 S12.68-2007 (two-number rating)  Intention was to provide realistic data, but …  Will replace ANSI S3.19 with ANSI S12.6-2008 (Method A)  Will incorporate ANSI S12.42-2010  Rating will be usable with dBA  Effective date is not yet determined  Periodic retesting will be required (5 yrs. proposed)

7. One Label Becomes Three

8. One Label Becomes Three Five (?)

9. 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

10. How to Position MIRE Microphones

11. Acoustical Test Fixtures (ATFs) in Current Use

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

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

15. 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

18. Basic Acoustical Test Fixture (ATF) ANSI S12.42-1995 (R2004) Suitable only for earmuffs Lacks refinements called for in the new S12.42

20. ANSI S12.6-2008 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

21. Gain at Eardrum (dB) Frequency (Hz) 1252505001k2k4k8k16k TFOE = A - B Transfer Function of the Open Ear Hazard measured here Earphones measured here