Agenda

1. Federal Highway Administration TO DTFH61-11-D-00028-T12-00223 CFR 772 Streamlining, Analysis, and OutreachInformational Web ConferenceDecember 3, 2012

2. Agenda Welcome Goals of web conference Introductions of team and TWG Presentation on key elements of 23 CFR 772 Discussion and comments by TWG Planning for individual follow-up

3. Goals of Web Conference • Put study into context of the FHWA noise standards in 23 CFR 772 • Seek initial input from TWG

4. Study Team • Ken Kaliski, RSG, Project Manager • Bill Bowlby, Ph.D., P.E., Bowlby & Associates, Principal Investigator • Darlene Reiter, Ph.D., P.E., Bowlby & Associates, Researcher/Analyst • Harvey Knauer, P.E., Environmental Acoustics, Researcher/Analyst Support: • Eddie Duncan, RSG • Geoff Pratt, P.E., Bowlby & Associates • Ahmed El-Aassar, Environmental Acoustics

5. TWG – Federal Members • Mark Ferroni and Adam Alexander, FHWA HQ • Mary Ann Rondinella, FHWA Resource Center, Lakewood • Stephanie Gibson, FHWA CO Division • Tom Bruechert and Greg Wood, FHWA Texas Division • Jan Piland, FHWA Illinois Division • Neel Vanikar, FHWA Office of Project Development and Environmental Review • Robert Black, FHWA Office of Chief Counsel

6. TWG – State Members • Mariano Berrios, Florida DOT • Tom Hanf, Michigan DOT • Tim Hill, Ohio DOT • Paul Kohler, Virginia DOT • Ken Polcak, Maryland State Highway Administration • Tim Sexton, Washington State DOT • Terry Smith, New York State DOT • Walter Zyznieuski, Illinois DOT Please use Mute when not talking (and vice-versa!)

7. Study Tasks • Task 1: Project Management Activities (Ken, Bill) • Task 2: Land Use Evaluation Methodologies under 23 CFR 772 (Harvey, Ahmed) • Task 3: Analysis of Noise Barrier Acceptance Criteria (Bill) • Task 4: Evaluation of 23 CFR 772 for Opportunities to Streamline and Establish Programmatic Agreements (Darlene and Ken) • Task 5: Technical Working Group Webinars (Ken) Items in purple on following slides could relate to the scope of this study

8. FHWA Noise Standards • 23 CFR 772, Procedures for Abatement of Highway Traffic Noise and Construction Noise • Initial standards date back to 1972 (required by Federal-Aid Highway Act of 1970) • Latest revision (July 13, 2010) required all states to develop (or revise) noise policies to conform with regulation and to be applied uniformly and consistently statewide • Entire regulation comprises the “noise standards”

9. Purposes of 23 CFR 772 Provide procedures for: • Conducting noise studies • Analyzing noise abatement measures Supply noise abatement criteria (sound levels) as a function of land use Establish requirements for providing project noise information and noise-compatible land use information to local officials Section 772.1, Purpose

10. 23 CFR 772 Applicability Applies to all Federal or Federal-aid highway projects Applies to any highway project or intermodal project that: • Requires FHWA approval, regardless of funding sources • Includes FTA, FRA, FAA, HUD Not tied to environmental document type, but to type of project (Type I, Type II and Type III) Section 772.7(a), Applicability (Highway and multimodal projects)

11. Type I Projects • Construction of highway on new location • Addition of capacity: HOV and HOT lanes, bus lanes and truck climbing lanes, auxiliary lane(s), interchange improvements • Addition or substantial alteration of weigh station, rest stop, ride share lot or toll plaza • Substantial horizontal or vertical alteration of existing highway Section 772.5, Definitions

12. Type II Projects • Proposed Federal or Federal-aid highway projects for noise abatement only on an existing highway • Federal funding for Type II projects only approved if certain conditions are met • No new pot of money for Type II projects • Type II projects must comply with 23 CFR 772 Section 772.5, Definitions and Section 772.7(d), Applicability Section 772.15 (b), Federal Participation (Type II projects)

13. Type II Programs • Type II programs are voluntary Participation in Type II program requires development of priority system that: • Ranks projects based on a variety of factors • Is submitted to and approved by FHWA • Is re-analyzed on a regular basis (<5 year interval) Section 772.7 (c), (d), and (e), Applicability

14. Type III Projects Federal or Federal-aid highway project that is not a Type I or Type II project, such as: • Roadway pavement reconstruction • Resurfacing project • Intersection improvements Noise analysis and consideration of noise abatement notrequired for Type III projects Section 772.5, Definitions and Section 772.7(f), Applicability (Type III projects)

15. Traffic Noise Analysis Shall Include: • Identification of project limits and existing land use activities • Determine existing worst hour noise levels by measurement or prediction with model validated by measurements • Prediction of future design year “build” noise levels • Determination of impacts • Evaluation of abatement for impacted areas • Consideration of construction noise • Documentation of noise abatement Section 772.1, Analysis of traffic noise impacts and 772.13, Analysis of noise abatement

16. Table 1: FHWA Noise Abatement Criteria(Hourly A-Weighted Sound Level – Decibels, dB(A) 1 2-16

17. Activity Category A (Exterior Only) • “Lands on which serenity and quiet are of extraordinary significance and serve an important public need and where the preservation of those qualities is essential if the area is to continue to serve its intended purpose.” • Submit justification on case-by-case basis • FHWA must approve land use as Category A before noise analysis on Category A is initiated

18. Activity Category B • “Residential”, including single family and multi-family dwellings • Study at outdoor points of frequent human use • Count each dwelling unit as one receptor when performing analyses and determining impacted and benefited receptors

19. Activity Category B Common Areas Also identify common areaswith frequent human use (pool, playground, etc.) Determine number and placement of “equivalent residential” receptors used to represent these common areas, considering: • Existing use • Potential use • Capacity limits Section 772.11 (b) and (c)(2)(ii), Analysis of traffic noise impacts

20. Activity Category C (Exterior) • “Active sports areas, amphitheaters, auditoriums, campgrounds, cemeteries, day care centers, hospitals, libraries, medical facilities, parks, picnic areas, places of worship, playgrounds, public meeting rooms, public or nonprofit institutional structures, radio studios, recording studios, recreational areas, Section 4(f) sites, schools, television studios, trails and trail crossings” • Represented by “equivalent residential” receptors

21. Activity Category D (Interior) Subset of Activity Category C (schools, places of worship, hospitals, medical facilities, studios, etc.) Applicable where exterior activities: • Do not exist, or • Are far from or physically shielded from roadway such that they are not impacted • Represented by “equivalent residential” receptors

22. Activity Category F • “Agriculture, airports, bus yards, emergency services, industrial, logging, maintenance facilities, manufacturing, mining, rail yards, retail facilities, shipyards, utilities (water resources, water treatment, electrical) and warehousing” • Are not noise-sensitive • Should be identified but not analyzed

23. Activity Category E (Exterior Only) • “Hotels, motels, offices, restaurants/bars and other developed lands, properties or activities not in A-D or F” • Represented by “equivalent residential” receptors

24. Equivalent Residential Receptors for Categories B, C, D and E • Section 772.11(c)(2)(iii), (iv), and (v): “Each highway agency shall adopt a standard practice for analyzing these land use facilities that is consistent and uniformly applied statewide.” • Receptor points used to represent areas of land use within Categories B, C, D and E for modeling and analysis purposes

25. Equivalent Residential Receptor Methodologies Number of receptors • Based on frontage along highway, or • Based person hours of usage of the land use Placement of receptors • Along frontage adjacent to land use • At activity areas • In a grid within land use • A combination of the above

26. Activity Category G • “Undeveloped lands that are not permitted” for development by date of public knowledge of project • Usually presented as distances to the NAC levels for the various activity categories • Addressed in 23 CFR 772.17, Information for local officials

27. Analysis of Noise Abatement When traffic noise impacts are identified: • Must consider noise abatement • Evaluate abatement feasibility and reasonableness Section 772.13(a), Analysis of noise abatement

28. Feasibility Combination of acoustical and engineering factors • Noise reduction of 5 or more dB for a set number or percentage of impacted receptors, as defined in highway agency’s noise policy • Example: Must achieve at least 5 dB at one impacted receptor • Safety, topography, access requirements, drainage, utility and maintenance issues, and sometimes, barrier height Section 772.5, Definitions and Section 772.13(d)(1), Analysis of noise abatement (Feasibility)

29. Reasonableness Factors that must be considered • Noise reduction design goal • Cost-effectiveness of noise abatement measures • Viewpoints of benefited receptors Benefited receptor • Meets a minimum noise reduction defined in highway agency’s noise policy • Doesn't have to be impacted Section 772.5, Definitions and Section 772.13(d)(2), Analysis of noise abatement (Reasonableness)

30. Reasonableness:Noise Reduction Design Goal Minimum required reduction of future noise levels Must be met for a set number or percentage of benefited receptors, as defined in highway agency’s noise policy Examples: • Must achieve at least 7 dB at majority of benefited receptors • Must achieve at least 10 dB at one benefited receptor Section 772.5, Definitions and Section 772.13(d)(2)(iii), Analysis of noise abatement (Noise reduction design goals)

31. Reasonableness: Cost-Effectiveness of Noise Abatement Measures Determined by abatement measure’s: • Cost per benefited receptor, or • Cost per benefited receptor per dB of noise reduction, or • Area (square feet) of barrier per benefited receptor Highway agency’s policy defines choice of method and threshold value for cost or area per benefited receptor Example: Cost must not exceed $30,000 per benefited receptor Section 772.13(d)(2)(ii), Analysis of noise abatement (Cost-effectiveness of abatement measures)

32. Reasonableness:Viewpoints of Benefited Receptors • Viewpoints = Opinions, preferences and/or desires of benefited property owners and residents for a noise abatement feature • Highway agency’s policy defines method for considering viewpoints (voting percentage, possible weighting for owner vs. occupant) Section 772.5, Definitions and Section 772.13(d)(2)(i), Determination of noise abatement

33. Noise Abatement Identification and Documentation Before adoption of a CE, FONSI or ROD, identify and document: • Noise abatement considerations and determinations • Feasible and reasonable noise abatement measures likely to be incorporated in project (Statement of Likelihood) • Noise impacts for which no noise abatement measures are feasible and reasonable Section 772.13(g), Analysis of noise abatement (Identification and documentation requirements)

34. Noise Abatement forDesign-Build Projects • Preliminary technical noise study shall document all considered and proposed noise abatement measures for inclusion in NEPA document • Base final design on preliminary noise abatement design developed in the technical noise analysis • Consider, develop and construct in accordance with the regulation and other and provisions dealing with contractor responsibilities Section 772.13(i), Analysis of noise abatement (Design-build projects)

35. Third Party Funding of Abatement: Type I and Type II Projects • Not allowed if abatement measure would require additional third-party funding to be considered feasible and reasonable • Acceptable to make functional enhancements to noise abatement measure already determined to be feasible and reasonable Section 772.13(j), Analysis of noise abatement (Third party funding)

36. Apart from Project Noise Studies: Abatement Measure Reporting Each highway agency shall maintain an inventory of constructed noise abatement measures to include a variety of factors, such as: • Project Type, location and year of construction • Materials, features and foundation type • Dimensions, cost and average noise reduction • Number and types of NAC categories protected Section 772.13(f), Analysis of noise abatement (Abatement measure reporting)

37. Information for Local Officials To minimize future traffic noise impacts on currently undeveloped lands of Type I projects, provide local officials: • Information on noise-compatible planning concepts • Best estimate of design year noise levels at various distances from highway improvement • Information on non-eligibility for Federal-aid participation for Type II project Section 772.17, Information for local officials

38. Study Tasks (again) • Task 1: Project Management Activities (Ken, Bill) • Task 2: Land Use Evaluation Methodologies under 23 CFR 772 (Harvey, Ahmed) • Task 3: Analysis of Noise Barrier Acceptance Criteria (Bill) • Task 4: Evaluation of 23 CFR 772 for Opportunities to Streamline and Establish Programmatic Agreements (Darlene and Ken) • Task 5: Technical Working Group Webinars (Ken)

39. Discussion

40. Follow-up