Minnesota Administrative Rules

CHAPTER 7030, NOISE POLLUTION CONTROL

MINNESOTA POLLUTION CONTROL AGENCY

GENERALLY

7030.0010 INCORPORATION BY REFERENCE.

For the purpose of chapter 7030, American National Standards Institute, Specification for Sound Level Meters, S1.4-1983 is incorporated by reference. This publication is available from the American National Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change.

The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise: Final Report, FHWA-DP-45-1R (August 1981) is incorporated by reference. This publication is available from the United States Department of Transportation, Federal Highway Administration, 1000 North Globe Road, Arlington, Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change.

Statutory Authority:

MS s 116.07

History:

11 SR 43; 18 SR 614

Published Electronically:

December 12, 2003

7030.0020 DEFINITIONS.

Subpart 1.

Application.

The terms used in this chapter have the meanings given them in this part.

Subp. 2.

A-weighted.

"A-weighted" means a specific weighting of the sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in American National Standards Institute S1.4-1983, section 5.1.

Subp. 3.

Daytime.

"Daytime" means those hours from 7:00 a.m. to 10:00 p.m.

Subp. 4.

dB(A).

"dB(A)" means a unit of sound level expressed in decibels (dB) and A-weighted.

Subp. 5.

Decibel.

"Decibel" means a unit of sound pressure level, abbreviated as dB.

Subp. 6.

Impulsive noise.

"Impulsive noise" means either a single sound pressure peak (with either a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure peaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spaced at least by 200 millisecond pauses.

Subp. 7.

L₁₀.

"L₁₀" means the sound level, expressed in dB(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner.

Subp. 8.

L₅₀.

"L₅₀" means the sound level, expressed in dB(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner.

Subp. 9.

Municipality.

"Municipality" means a county; a city; a town; a regional planning and development commission established under Minnesota Statutes, chapter 473; the metropolitan council; or other governmental subdivision of the state responsible by law for controlling or restricting land use within its jurisdiction.

Subp. 10.

Nighttime.

"Nighttime" means those hours from 10:00 p.m. to 7:00 a.m.

Subp. 11.

Person.

"Person" means any human being, any municipality or other governmental or political subdivision or other public department or agency, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court of law, or any legal representative of any of the foregoing, but does not include the agency.

Subp. 12.

Sound pressure level.

"Sound pressure level", in decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20 micronewtons per square meter.

Statutory Authority:

MS s 116.07

History:

11 SR 43; L 1987 c 186 s 15; 18 SR 614

Published Electronically:

December 12, 2003

7030.0030 NOISE CONTROL REQUIREMENT.

No person may violate the standards established in part 7030.0040, unless exempted by Minnesota Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040 will be violated immediately upon establishment of the land use.

Statutory Authority:

MS s 116.07

History:

11 SR 43; 18 SR 614

Published Electronically:

December 12, 2003

7030.0040 NOISE STANDARDS.

Subpart 1.

Scope.

These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in part 7030.0050. However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for the preservation of public health and welfare. Noise standards in subpart 2 apply to all sources.

Subp. 2.

Noise standards.

Noise Area Classification	Daytime		Nighttime
	L50	L10	L50	L10
1	60	65	50	55
2	65	70	65	70
3	75	80	75	80

Statutory Authority:

MS s 116.07

History:

11 SR 43; 18 SR 614

Published Electronically:

December 12, 2003

7030.0050 NOISE AREA CLASSIFICATION.

Subpart 1.

Applicability.

The noise area classification is based on the land use activity at the location of the receiver and determines the noise standards applicable to that land use activity unless an exception is applied under subpart 3.

Subp. 2.

Noise area classifications.

The noise area classifications and the activities included in each classification are listed below:

Noise Area Classification	Land Use Activities
1	Household Units (includes farm houses)
	Group quarters
	Residential hotels
	Mobile home parks or courts
	Transient lodging
	Other residential
	Motion picture production
	Medical and other health services
	Correctional institutions
	Educational services
	Religious activities
	Cultural activities and nature exhibitions
	Entertainment assembly
	Camping and picnicking areas (designated)
	Resorts and group camps
	Other cultural, entertainment, and recreational activities.
2	Railroad terminals (passenger)
	Railroad terminals (passenger and freight)
	Rapid rail transit and street railway passenger terminals
	Bus passenger terminals (intercity)
	Bus passenger terminals (local)
	Bus passenger terminals (intercity and local)
	Other motor vehicle transportation
	Airport and flying field terminals (passenger)
	Airport and flying field terminals (passenger and freight)
	Marine terminals (passenger)
	Marine terminals (passenger and freight)
	Automobile parking
	Telegraph message centers
	Transportation services and arrangements
	Wholesale trade
	Retail trade -- building materials, hardware, and farm equipment
	Retail trade -- general merchandise
	Retail trade -- food
	Retail trade -- automotive, marine craft, aircraft, and accessories
	Retail trade -- apparel and accessories
	Retail trade -- furniture, home furnishings, and equipment
	Retail trade -- eating and drinking
	Other retail trade
	Finance, insurance, and real estate services
	Personal services
	Business services
	Repair services
	Legal services
	Other professional services
	Contract construction services
	Governmental services (except correctional institutions)
	Miscellaneous services (except religious activities)
	Public assembly (except entertainment assembly and race tracks)
	Amusements (except fairgrounds and amusement parks)
	Recreational activities (except designated camping and picnicking areas)
	Parks.
3	Food and kindred products -- manufacturing
	Textile mill products -- manufacturing
	Apparel and other finished products made from fabrics, leather, and similar materials -- manufacturing
	Lumber and wood products (except furniture) -- manufacturing
	Furniture and fixtures -- manufacturing
	Paper and allied products -- manufacturing
	Printing, publishing, and allied industries
	Chemicals and allied products -- manufacturing
	Petroleum refining and related industries
	Rubber and miscellaneous plastic products -- manufacturing
	Stone, clay, and glass products -- manufacturing
	Primary metal industries
	Fabricated metal products -- manufacturing
	Professional, scientific, and controlling instruments; photographic and optical goods; watches and clocks -- manufacturing
	Miscellaneous manufacturing (except motion picture production)
	Railroad, rapid transit, and street railway transportation (except passenger terminals)
	Motor vehicle transportation (except passenger terminals)
	Aircraft transportation (except passenger terminals)
	Marine craft transportation (except passenger and freight terminals)
	Highway and street right-of-way
	Communication (except telegraph message centers)
	Utilities
	Other transportation, communication, and utilities (except transportation services and arrangements)
	Race tracks
	Fairgrounds and amusement parks
	Agricultural
	Agricultural and related activities
	Forestry activities and related services (including commercial forest land, timber production, and other related activities)
	Fishing activities and related services
	Mining activities and related services
	Other resource production and extraction
	All other activities not otherwise listed.
4	Undeveloped and unused land area (excluding noncommercial forest development)
	Noncommercial forest development
	Water areas
	Vacant floor area
	Under construction
	Other undeveloped land and water areas.

Subp. 3.

Exceptions.

The noise area classification for a land use may be changed in the following ways if the applicable conditions are met.

A.

The daytime standards for noise area classification 1 shall be applied to noise area classification 1 during the nighttime if the land use activity does not include overnight lodging.

B.

The standards for a building in a noise area classification 2 shall be applied to a building in a noise area classification 1 if the following conditions are met:

(1)

the building is constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB(A);

(2)

the building has year-round climate control; and

(3)

the building has no areas or accommodations that are intended for outdoor activities.

C.

The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification 1 if the following conditions are met:

(1)

the building is constructed in such a way that the exterior to interior sound level attenuation is at least 40 dB(A);

(2)

the building has year-round climate control; and

(3)

the building has no areas or accommodations that are intended for outdoor activities.

D.

The standards for a building in a noise area classification 3 shall be applied to a building in a noise area classification 2 if the following conditions are met:

(1)

the building is constructed in such a way that the exterior to interior sound level attenuation is at least 30 dB(A);

(2)

the building has year-round climate control; and

(3)

the building has no areas or accommodations that are intended for outdoor activities.

Statutory Authority:

MS s 116.07

History:

11 SR 43; 18 SR 614

Published Electronically:

December 12, 2003

7030.0060 MEASUREMENT METHODOLOGY.

Subpart 1.

Measurement location.

Measurement of sound must be made at or within the applicable NAC at the point of human activity which is nearest to the noise source. All measurements shall be made outdoors.

Subp. 2.

Equipment specifications.

All sound level measuring devices must meet Type O, I, II, or S specifications under American National Standards Institute S1.4-1983.

Subp. 3.

Calibration.

All sound level measuring devices must, at a minimum, be externally field calibrated before and after monitoring using a calibration device of known frequency and sound pressure level.

Subp. 4.

Measurement procedures.

The following procedures must be used to obtain representative sound level measurements:

A.

Measurements must be made at least three feet off the ground or surface and away from natural or artificial structures which would prevent an accurate measurement.

B.

Measurements must be made using the A-weighting and fast response characteristics of the sound measuring device as specified in American National Standards Institute S1.4-1983.

C.

Measurements must not be made in sustained winds or in precipitation which results in a difference of less than ten decibels between the background noise level and the noise source being measured.

D.

Measurements must be made using a microphone which is protected from ambient conditions which would prevent an accurate measurement.

Subp. 5.

Data documentation.

A summary sheet for all sound level measurements shall be completed and signed by the person making the measurements. At a minimum, the summary sheet shall include:

A.

date;

B.

time;

C.

location;

D.

noise source;

E.

wind speed and direction;

F.

temperature;

G.

humidity;

H.

make, model, and serial number of measuring equipment;

I.

field calibration results;

J.

monitored levels; and

K.

site sketch indicating noise source, measurement location, directions, distances, and obstructions.

Statutory Authority:

MS s 116.07

History:

11 SR 43; 17 SR 1279; 18 SR 614

Published Electronically:

December 12, 2003

7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY.

Subpart 1.

Purpose.

Sound level measurements made for assessing sound attenuation as specified in part 7030.0050, subpart 3, item B, C, or D, shall be made according to the requirements of this part.

Subp. 2.

Equipment.

The equipment shall meet the requirements specified in part 7030.0060, subpart 2.

Subp. 3.

Calibration.

The equipment must meet the calibration requirements specified in part 7030.0060, subpart 3.

Subp. 4.

Measurement procedure.

The measurement procedure described in FHWA-DP-45-1R, section 8 must be used for determination of the sound attenuation.

Subp. 5.

Equivalent methods.

Methods equivalent to those described in subpart 4 may be used provided they are approved by the commissioner of the Minnesota Pollution Control Agency. The commissioner shall approve an alternative method if the commissioner finds that the method will produce representative data and results which are as reliable as the methods specified in subpart 4.

Statutory Authority:

MS s 116.07

History:

11 SR 43; L 1987 c 186 s 15; 18 SR 614

Published Electronically:

December 12, 2003

7030.0080 VARIANCE.

If, upon written application of the responsible person, the agency finds that by reason of exceptional circumstances strict conformity with any provisions of any noise rule would cause undue hardship, would be unreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance upon the conditions and within the time limitations as it may prescribe for the prevention, control, or abatement of noise pollution in harmony with the intent of the state and any applicable federal laws.

Statutory Authority:

MS s 116.07

History:

11 SR 43; 18 SR 614

Published Electronically:

December 12, 2003

MOTOR VEHICLE NOISE LIMITS

7030.1000 DEFINITION.

"Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles.

Statutory Authority:

MS s 116.07

History:

18 SR 614

Published Electronically:

December 12, 2003

7030.1010 PROHIBITIONS.

Subpart 1.

Operation of vehicle.

No person shall operate either a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner.

Subp. 2.

Sale of vehicle.

No person shall sell or offer for sale a new motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when maintained according to the manufacturer's specifications would exceed the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner.

Subp. 3.

Modification of vehicle.

No person shall modify a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle so modified.

Subp. 4.

Sale of parts.

No person shall sell or offer for sale replacement or additional parts for a motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the category of motor vehicle and speed limits specified, when tested with a measurement procedure approved by the commissioner. No person shall operate a motor vehicle incorporating such parts.

Statutory Authority:

MS s 116.07

History:

L 1987 c 186 s 15; 18 SR 614

Published Electronically:

December 12, 2003

7030.1020 SCOPE.

This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precluding the enforcement of any other provision of law relating to motor vehicle exhaust noise.

Statutory Authority:

MS s 116.07

History:

18 SR 614

Published Electronically:

December 12, 2003

7030.1030 EXCEPTIONS.

Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained herein when performing acceleration maneuvers for safety purposes.

Statutory Authority:

MS s 116.07

History:

18 SR 614

Published Electronically:

December 12, 2003

7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS.

Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than 10,000 pounds and any combination of vehicles towed by such motor vehicle.

A.

Speed limits greater than 35 mph.

B.

Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA.

C.

Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1978. For stationary run-up tests on all-paved surfaces, add 2 dBA.

D.

Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with governed engines), for vehicles manufactured on or after January 1, 1982. For stationary run-up tests on all-paved surfaces, add 2 dBA.

Statutory Authority:

MS s 116.07

History:

18 SR 614

Published Electronically:

December 12, 2003

7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES.

A.

For vehicles manufactured before January 1, 1975.

B.

Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975.

C.

Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1, 1975.

Statutory Authority:

MS s 116.07

History:

18 SR 614

Published Electronically:

December 12, 2003

7030.1060 NOISE LIMITS FOR OTHER VEHICLES.

Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and 7030.1050 and any combination of vehicles towed by such motor vehicle.

Statutory Authority:

MS s 116.07

History:

18 SR 614

Published Electronically:

December 12, 2003