Australian and New Zealand Noise Labelling and Limit Scheme Recommendations For Portable Equipment. May 2010

Transcription

1 Attachment 1 Australian and New Zealand Noise Labelling and Limit Scheme Recommendations For Portable Equipment May 2010 Prepared by NSW Department of Environment, Climate Change and Water for the Working Group on Noise Labelling 1

2 Contents Summary... 4 Glossary Background Environment Protection and Heritage Council Benefits of Noise Labelling Benefits of Mandatory Maximum Noise Limits Support for Noise Labelling and Limits Advantage of an Australian/New Zealand Scheme Limitations of Relying on Collateral Benefits World Trade Organisation Technical Barriers to Trade Overseas Regulations European Union Outdoor Noise Directive 2000/14/EX Practical limits Continuous improvement Role of industry Harmonising with EU Noise Directive Alternatives to Labelling and Limits No testing or labelling requirements Voluntary testing and labelling Mandatory testing and noting of levels in specifications Mandatory testing and noting of levels on websites Education Existing Regulatory Approaches to Neighbourhood Noise Australian Labelling Standards Preliminary Industry Consultation Market Background on Portable Articles Extent of Noise Nuisance from Portable Articles Technical Issues Definitions for portable articles Definition for lawnmower Definition for leaf blower Definition for leaf collector Definition for line trimmer Definition for brush cutter Definition for hedge trimmer Definition for chainsaw - portable Labels to Specify Sound Pressure Level or Sound Power Level Multiple use portable articles Labelling format for portable articles Current noise labelling of portable articles Noise limits EU Noise Directive limits Limit for lawn mowers Limit for leaf blowers Limit for leaf collectors Limit for line trimmer Limit for brush cutters Limit for hedge trimmers Limit for chainsaws Comparison of existing Australian and EU limits Staged approach to introducing amended EU Noise Directive limits Noise level test procedures for portable articles Regulatory Options Australia National Environment Protection Measure Commonwealth legislation Mirror legislation Referral of powers New Zealand Compliance Noise Measurement Uncertainties

3 4.2 Compliance Testing Sampling and Tolerance Margin Maintenance of conformity Enforcement Proposed offences and penalties Specific offences under the noise labelling and limit scheme Regulatory Impact Statement Additional Work to be Undertaken if RIS Supports Introduction of ANZ Scheme Scheme Website Mandatory posting of noise levels of articles on a website Scheme Education Program Appendix 1: Regulatory Approaches to Neighbourhood Noise Issues in Jurisdictions Appendix 2: List of Organisations for Preliminary Industry Consultation Appendix 3: European Union Noise Label

4 Summary This paper investigates issues around the development of an Australian and New Zealand Noise Labelling and Limit scheme for certain portable equipment. The principal recommendations for portable equipment are that: 1. The ANZ noise labelling and limit scheme adopt the EU Noise Directive definitions for lawn mowers, leaf blowers, leaf collectors, brush cutters, hedge trimmers, internal combustion engine grass trimmer/grass edge trimmer, electric motor lawn trimmer/lawn edge trimmer and chainsaws and any new definitions for these articles as they come into force through amendments to the EU Noise Directive. 2. The ANZ noise labelling and limit scheme adopt the EU Noise Directive approach by using sound power levels (LWA) when specifying any labelling and limit requirements. 3. The ANZ noise labelling and limit scheme adopt the EU Noise Directive approach to multiple use equipment subject to verification that it addresses the following requirements: a. equipment is tested in any configuration that results in it falling into any of the definitions used in the ANZ noise labelling and limit scheme; b. any limits relevant to any configuration are met; c. each attachment is labelled noting the highest sound power level possible for the equipment with that attachment; and d. all of the levels for each configuration are noted in sales material and in an owner s manual. 4. The ANZ noise labelling and limit scheme adopt the EU Noise Directive labelling requirements for portable articles. 5. The ANZ noise labelling and limit scheme adopt the EU Noise Directive noise limits for portable articles as follows: a. the current EU Noise Directive cutting widths and limits for lawn mowers; b. the current EU Noise Directive limits for electric motor lawn trimmer/lawn edge trimmers and adopt any revised limit for these articles as they come into force through amendments to the EU Noise Directive and any EU Noise Directive limit for internal combustion engine grass trimmers/grass edge trimmers as they come into force through amendments to the EU Noise Directive; c. any EU Noise Directive limits for leaf blowers, leaf collectors, brush cutters and hedge trimmers as they come into force through amendments to the EU Noise Directive; d. any EU Noise Directive noise limits for portable chainsaws as they come into force through the amendments to the EU Noise Directive; and e. the test procedures for portable equipment and any revised test procedures approved through amendments to the EU Noise Directive. 6. The ANZ noise labelling and limit scheme make provision for the following broad categories of offence: a. article not labelled, b. noise label with incorrect format, c. tampering with noise label, d. misleading level on noise label, e. noise level above prescribed limit, and f. failing to assist or obstructing investigation. 7. That an appropriately qualified and experienced consultant be engaged to prepare a Consultation RIS to assess the relative merits of the different options for labelling and limits, proposed in this paper and that the consultant be funded in accordance with the NEPC cost sharing formula for Australia and New Zealand. 4

5 Feedback from all jurisdictions on the recommendations will be taken into account prior to preparing the RIS for broad community consultation. Glossary ANZ Australia/New Zealand DECC- Department of Environment and Climate Change DECCW NSW Department of Environment, Climate Change and Water EGMF - European Garden Machinery Industry Federation EM Electric Motor EPHC Environment Protection and Heritage Council EU European Union ICE Internal Combustion Engine ISO International Standards Organisation MEPS - Minimum Energy Performance Standard MRA - Mutual Recognition Act 1992 OPEA Outdoor Power Equipment Association SPL Sound Pressure Level SWL Sound Power Level TTMRA - Trans-Tasman Mutual Recognition Arrangement 1997 WELS Water Efficiency and Labelling Standards 5

6 1.0 Background 1.1 Environment Protection and Heritage Council In April 2008 the Environment Protection and Heritage Council (EPHC) agreed to form a Working Group to scope a consistent noise labelling scheme for noisy domestic articles. It was agreed that a staged approach would be adopted to test the merits of the scheme on a small range of articles in the first instance and, if this is successful, the scheme could be widened to cover other articles known to cause noise nuisance. In November 2008 the Council agreed to investigate the following articles for stage one of the proposed Australian and New Zealand (ANZ) noise labelling scheme: Fixed articles: domestic air conditioners and domestic heat pump water heaters Portable articles: lawn mowers (including ride-on mowers), leaf blowers, leaf collectors, line trimmers, brush cutters, lawn edgers, hedge trimmers and chainsaws. Articles were included in stage one if they are commonly used outdoors in residential areas, are relatively noisy, and labelling would be a straight forward and effective mechanism to reduce their noise nuisance. The Council also agreed to investigate the potential for setting maximum noise limits for portable articles. The establishment of an ANZ noise labelling and limit scheme for these fixed and portable articles satisfied the Council filter criteria for national environment issues on a range of fronts. As these articles are available throughout Australia and New Zealand, noise from these articles is not a single jurisdictional problem. Furthermore, government regulation is required as there is no evidence that market forces alone will promote the uptake of quieter technology. In September 2009 the Environment Protection and Heritage Standing Committee (EPHSC) agreed that the ANZ Noise Labelling and Limit Scheme should be based on the European Union (EU) Noise Directive and that lawn edgers and heat pump water heaters should not be included in stage one of the ANZ scheme as they are not covered by the noise labelling requirements in Europe. The Committee also agreed to engage an acoustical consultant to recommend test procedures that could be used to verify the accuracy of noise labels for air conditioners, which are also not covered by the EU scheme. 1.2 Benefits of Noise Labelling Neighbourhood noise is a serious environmental amenity issue that affects many in the community. The Guidelines for Community Noise published by the World Health Organisation (1999) 1 and The Health Effects of Environmental Noise Other than Hearing Loss published by enhealth Council (2004) 2 identify the significant health effects of exposure to environmental noise. Noise nuisance can cause annoyance, stress and sleep disturbance and in some cases escalate into serious confrontations within neighbourhoods. The management of these issues can absorb significant private and public resources. Some of this noise comes from noisy household items such portable garden equipment including leaf blowers. Noise labelling of these articles would assist consumers to select quieter models and to identify equipment appropriate to particular applications. As well as providing consumers with information to make informed choices, the test procedures incorporated into any labelling scheme will provide more certainty that manufacturer s claims about noise levels are reliable. Noise labelling may also encourage suppliers to manufacture, import or sell quieter articles as some companies may use this as a marketing advantage and competition could drive down noise levels over time. An enforceable labelling scheme will enable jurisdictions to more readily impose restrictions they consider appropriate for particular equipment in their particular circumstances. Providing readily accessible reliable and consistent noise level information, coupled with the use of appropriate guidance material, should facilitate selection of appropriate equipment, minimise complaints and streamline the use of resource intensive compliance activities by enforcement agencies

7 1.3 Benefits of Mandatory Maximum Noise Limits Setting mandatory maximum noise limits for portable equipment makes it clear to manufacturers that products must not exceed a certain limit and puts an absolute ceiling on noise from these articles no matter where they are used. There are no nationwide requirements in the United States or Canada. The US leaves the regulation of this equipment to individual states and counties. Due to public pressure, many counties in California have applied a total ban on the use of leaf blowers. This can be a divisive issue in communities and bans are generally strongly opposed by professional gardeners. Having a limit to prevent the sale and use of excessively noisy equipment is a compromise. A number of cities in the US have noise limits for leaf blowers. For example the City of Portland Oregon recently introduced noise limits for leaf blowers in use, and lists those models that may be used in that jurisdiction on its website. Refer to (Note: 31 db(a) needs to be added to the sound pressure levels on these webpages to convert them to approximate sound power levels for comparison purposes.) The EU requires manufacturers to ensure that limits are met for 22 of the 57 articles covered by the EU noise labelling and limit scheme. The current NSW scheme includes mandatory maximum noise limits for certain portable garden equipment at the point of sale. The current Tasmanian scheme applies mandatory maximum noise limits for lawn mowers and chainsaws when in use. The NSW State Pollution Control Commission Annual Report demonstrated that the NSW limits for lawn mowers reduced the average sound pressure level of noise from domestic lawn mowers in NSW, when measured at 7.5 metres, from 83 db(a) in the late 1970s to below 75 db(a) by the mid 1980s. Setting limits for articles with European Union (EU) limits would assist in addressing externalities not dealt with by the market (i.e. the noise pollution from substandard excessively noisy products) and ensure that Australia and New Zealand do not become a dumping ground for noisy equipment that cannot be sold in Europe. Because of the relatively high noise levels emitted by portable garden equipment, those jurisdictions in Australia and New Zealand that set maximum noise levels for neighbourhoods in their planning controls exempt portable gardening equipment on the basis that it is only used for a short duration. Specifying noise limits to prevent the sale of particularly noisy portable garden equipment would assist to reduce noise impacts from the exempt equipment/activities. 1.4 Support for Noise Labelling and Limits The Health Effects of Environmental Noise Other than Hearing Loss published by enhealth Council (2004) recommended that agencies consider the need for a mandatory national standard for noise labelling equipment. The Australian Consumers Association supports product labelling as a way of giving consumers information on which to base an informed choice. The Outdoor Power Equipment Association of Australia (OPEA) supports labelling and limits for portable equipment provided any requirements are consistent with those in the EU. 1.5 Advantage of an Australian/New Zealand Scheme The Mutual Recognition Act 1992 (MRA) and Trans-Tasman Mutual Recognition Arrangement 1997 (TTMRA) limit the effectiveness of any individual jurisdictional schemes. Briefly, these instruments mean that single jurisdictional labelling and limit provisions cannot be enforced against the sale of goods that are: manufactured in a jurisdiction that does not have equivalent provisions, or imported from overseas into a jurisdiction that does not have equivalent provisions and then transported into a jurisdiction with the provisions. 7

8 It is understood that due to enforcement issues related to the Mutual Recognition Act, the noise labelling requirements in the Queensland Environmental Protection (Noise) Policy 1997 where removed at the beginning of An Australian and New Zealand region-wide approach is required to enable any noise labelling and limit requirements to be enforced effectively. This approach would also support economic integration and provide a level playing field to industry. 1.6 Limitations of Relying on Collateral Benefits Many jurisdictions that do not have noise labelling and limit requirements receive collateral benefits from those that have these requirements. For example: The OPEA has noted that NSW has about 30% of the Australian market share and importers often do not know what State or Territory the product will eventually be sold in. Historically, only product that meets the NSW limits has been imported for all States/Territories and this has often been labelled in accordance with the NSW scheme. The Tasmanian Department of Environment, Parks, Heritage and the Arts has noted that the presence of NSW labels on equipment sold in Tasmania has probably assisted with the management of noise issues in that State. The New Zealand Ministry for the Environment has noted that A survey of a range of household appliances on sale found that many had labels attached to them indicating the noise levels they reached. Relying on labelling and limit provisions imposed in other jurisdictions without making them enforceable is not sustainable and significant advances made in the Australian and New Zealand region since the 1980s may be lost if a region-wide scheme is not adopted. Due to the complications posed by the MRA and TTMRA, enforcement of the NSW requirements is problematic and there is evidence that unlabelled and noisy product is increasingly creeping into the market. Relying on EU requirements without making them enforceable in the region is not sufficient as there is no mechanism to prevent substandard noisy product that does not meet EU requirements from being dumped onto the Australian and New Zealand market. 1.7 World Trade Organisation Technical Barriers to Trade The World Trade Organisation (WTO) is the international organisation dealing with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible. The WTO Agreement on Technical Barriers to Trade (TBT), sometimes referred to as the Standards Code, aims to reduce impediments to trade resulting from differences between national regulations and standards. The TBT Agreement obliges members to ensure that technical regulations, voluntary standards and conformity assessment procedures do not create unnecessary obstacles to trade. The TBT Agreement recognizes the important contribution that international standards can make to improving efficiency of production and facilitating international trade and aims at the international harmonization of standards. The Code of Good Practice within the TBT Agreement says standardising bodies should use international standards as a basis for standards they develop. The small engine exhaust gas standards, based on the relevant EU and United States standards, being considered for adoption by the Council are similar to the noise limit requirements within the proposed ANZ scheme and it has not been determined that these are in conflict with the TBT Agreement. The EU Noise Directive recommended as the basis for labelling and limits for portable equipment within the ANZ scheme has not been found to be in conflict with the TBT Agreement. 1.8 Overseas Regulations The overwhelming majority of portable equipment sold in Australia and New Zealand (of the kind identified for inclusion in the proposed scheme) is imported. Therefore it is highly desirable that any regulation of the noise emissions from this equipment is consistent with that in force in global markets. As relevant requirements are not in force in Asia, the key markets of importance are North America and Europe. During the industry consultation, the OPEA (the key industry association for portable garden equipment in Australia) supported adopting the EU approach. Adopting the EU standards and making them enforceable in the Australian and New Zealand region is an option worthy of consideration. Equipment certified and labelled for use in the EU market could be sold in 8

9 Australia and New Zealand without the need for additional certification or labelling which would significantly reduce compliance costs. Given the relatively small size of the Australian and New Zealand market, introducing specific requirements for portable equipment inconsistent with those in Europe would be inefficient and result in higher costs. 1.9 European Union Outdoor Noise Directive 2000/14/EX The EU Outdoor Noise Directive 2000/14/EX (hereafter referred to as the EU Noise Directive) applies to mobile machinery for the whole EU. Fifty seven types of equipment, ranging from heavy earth moving machinery to leaf blowers are currently covered. Thirty five products subject to Article 13 require noise labelling only and 22 products subject to Article 12 require noise labelling and limits (maximum permissible sound power levels). The Directive includes noise testing procedures for each item and the noise levels for all equipment subject to the scheme are listed on the EU website Practical limits The Article 12 limits are intended to represent the current state of the art in noise reduction and balance overall product characteristics such as cutting performance, size, weight, safety, exhaust gas emissions and costs. For example, limits have not been adopted where the main source of noise is not engine noise but the cutting process which cannot be reduced with current technology. Achieving lower noise levels by governing engine revolutions has also not been required where it would result in machines being significantly less efficient and therefore operated for longer periods to achieve the same work Continuous improvement Because noise limits may have a significant impact on small to medium sized enterprises, due to research and development expenses, the EU Noise Directive has been carefully crafted to minimise potential adverse impacts on these enterprises. The approach is to progressively reduce noise limits and two phases have been introduced to date: one in 2003, and one in Most products in the scheme are subject to Article 13 (labelling only) for several years while data is collected to facilitate the application of appropriate limits. Products may then be made subject to Article 12 (labelling and limits) and the aim is to then review and tighten limits as necessary. This process ensures continuous noise reduction while limiting the burden on industry and markets. The EU Noise Directive has been undergoing extensive review for the past three years, involving a technical study and impact assessment. Proposed noise limits have been assessed in relation to any safety and exhaust gas emission requirements. A position paper prepared by the EU Working Group on Outdoor Equipment was put to the European Commission in October The Commission finalised its position on maximum noise limits in February It is currently proposed that some test procedures will be updated and a number of Article 13 products not currently subject to limits will be moved to Article 12. These include leaf blowers, leaf collectors, line trimmers, brush cutters, hedge trimmers and chainsaws. The limits will be introduced in two successive stages, spaced four years apart with the limits in the second stage being one or two decibels lower than the first stage. The Commission has not finalised its approach to conformity assessment procedures as issues around the statistical safety factors to be applied to ensure sampling is representative when articles are tested are still being resolved. It is currently anticipated that the Commission will present the complete proposed amendments to the European Council and Parliament by mid Role of industry The European Garden Machinery Industry Federation (EGMF) represents the interests of 14 European manufacturers and four national associations from France, Germany, Italy and the UK which represent many small to medium sized enterprises

10 The member companies represent around 75% of the European market for portable equipment and the EGMF plays an active role in the EU Noise Directive amendment process. Many of the companies that are represented in the EGMF are represented by the Australian Outdoor Power Equipment Association (OPEA). Both of these organisations support a globally harmonised approach to noise legislation to stimulate free movement of goods and ensure equivalent levels of technical standards worldwide Harmonising with EU Noise Directive The EGMF supports implementation and enforcement of the current EU Noise Directive in Australia and New Zealand as an initial step and then, as a second step, harmonisation with the amended version of the EU Noise Directive. The EGMF proposes that to enable manufacturers to avoid the financial burden of double testing and certification, the ANZ noise labelling and limit scheme accept the principle of self declaration for products subject to noise labelling and noise limits and recognise test certificates for noise testing from European Notified Bodies. The EGMF has noted that the advantages of adopting the EU requirements include avoiding the potential for any higher prices that could result from an ANZ noise labelling and limit scheme applying different labelling requirements or more stringent noise limits. The free movement of goods would be supported and Australia and New Zealand would also benefit from any future development of EU noise legislation. The EU noise limits have also been designed to work with the EU exhaust gas emission requirements currently being investigated for adoption by the Council Alternatives to Labelling and Limits The following provides a brief discussion of the alternatives to mandatory labelling and limits identified to date No testing or labelling requirements If limited or unreliable information continues to be available, the community will continue to be impacted unnecessarily by excessively noisy articles and enforcement agencies will continue to be confronted with resource intensive compliance issues. Information on labels or within specifications may not be reliable as, for example, it may be established using substandard testing methodologies. It is also unlikely information would be standardised as it may refer to either sound power levels or sound pressure levels measured at different distances. This would make it difficult for the community to have any confidence in the information provided Voluntary testing and labelling A voluntary approach would not ensure that relevant information is always available to consumers for all brands. Those reputable companies that do research quieter technologies and or label accurately would be unfairly disadvantaged as they would bear the cost of research, measurement, labelling processes etc, while competitors who manufacture noisy products would be able to maintain lower prices that would be more attractive in the market place. The OPEA does not support a voluntary approach Mandatory testing and noting of levels in specifications An alternative system could be to require levels to be measured in accordance with specified test procedures but rather than provided on labels, the information could be required to be within the equipment specifications. However, relevant information may be difficult to find and specifications may not be provided for some equipment, as it is not mandatory to provide these Mandatory testing and noting of levels on websites Another system could be to require levels to be measured and provided on a website rather than labels. However, information on the web is not generally available at the point of sale when consumers are making decisions about their purchases and not everyone conducts research on the web before making a purchase or has access to the web or is comfortable using it. As the labelling of equipment would make the relevant information accessible to all, both labelling and posting information on a website could be an optimum outcome. 10

11 Education An education campaign on its own may be effective for certain sectors of the community but costs or regulatory requirements may remain the principal consideration for other sectors. However, education could be very effective when coupled with a mandatory scheme. (See Section 6.3) 1.11 Existing Regulatory Approaches to Neighbourhood Noise The various jurisdictions in Australia and New Zealand have a range of regulatory approaches to neighbourhood noise and a summary of these, as provided by the various jurisdictions, is presented in Appendix 1. An analysis of all of the approaches indicates that any region wide labelling or limit requirements would not be inconsistent with any of the existing regulatory approaches in any of the jurisdictions and would assist in protecting amenity in each jurisdiction. As noted above, because of the relatively high noise levels emitted by portable garden equipment, those jurisdictions in Australia and New Zealand that set maximum noise levels for neighbourhoods in their planning controls exempt portable gardening equipment on the basis that it is only used for a short duration. Specifying noise limits to prevent the sale of particularly noisy portable garden equipment would assist to reduce noise impacts from the exempt equipment/activities Staged Approach The EPHC agreed that a staged approach would be adopted to test the merits of the ANZ noise labelling and limit scheme on a small range of articles in the first instance and, if this is successful, the scheme could be widened to cover other articles known to cause noise nuisance. It is proposed that investigations regarding stage two of the ANZ noise labelling and limit scheme would commence about five years after the commencement of stage one. As any changes would probably take around two years to implement, this timeframe would dovetail well with the seven yearly reviews scheduled for the EU Noise Directive. It is proposed that the ANZ noise labelling and limit scheme for portable articles adopt the requirements of the EU Noise Directive. The EU Noise Directive is scheduled for review every seven years and the current review process has resulted in an amendment which is introducing limits for a number of portable articles that are currently only required to be labelled. It is proposed that stage one of the ANZ noise labelling and limit scheme adopt these limits as they come into force. The implications of any future amendments to the EU Noise Directive for portable articles included within stage one of the ANZ scheme can be assessed before they are adopted. Stage two of our scheme could also investigate the inclusion of additional portable articles, such as pavement breakers and mobile air compressors Australian Labelling Standards Australian Standard AS Acoustics Noise labelling of machinery and equipment is identical with and reproduced from ISO Acoustics Noise labelling of machinery and equipment and applies to machinery and equipment which is essentially stationary in nature. As the portable equipment subject to the ANZ noise labelling and limit scheme is, by definition, not machinery and equipment which is essentially stationary in nature, the labels for these articles do not need to meet the requirements within this standard. It is proposed in Section 2.3 that labels for portable equipment should meet the requirements within the EU Noise Directive which is based on a number of ISO standards Preliminary Industry Consultation To focus discussion on the development of a workable scheme, NSW Department of Environment, Climate Change and Water (DECCW) conducted preliminary industry consultation on behalf of the Noise Labelling Scheme Working Group from March to May Relevant industry associations, local manufacturers and a selection of manufacturers that import into Australia/New Zealand were provided with preliminary consultation papers and invited to participate in targeted consultation. A complete list of the organisations consulted is provided at Appendix 2. Separate consultation papers were prepared for: lawn mowers; portable hand held garden equipment (leaf blowers, leaf collectors, line trimmers, brush cutters, lawn edgers and hedge trimmers); and chainsaws. 11

12 Advice was received from the key Australian industry association - the Outdoor Power Equipment Association (OPEA). The OPEA was supportive of both labelling and limits for this equipment provided any requirements are harmonised with those in the EU Noise Directive. Additional specific comments are noted within the relevant sections below. No comment was received from other organisations Market Background on Portable Articles Portable articles investigated for inclusion within stage one of the scheme were lawn mowers, hand held garden equipment (leaf blowers, leaf collectors, line trimmers, brush cutters, lawn edgers and hedge trimmers) and chainsaws. All of this equipment is either commonly used or may be used in domestic situations and has the potential to cause a noise nuisance. A decision was taken in September 2009 to exclude lawn edgers. For Australia, the OPEA figures for indicate that over 1.2 million of these articles were sold in the financial year, made up of the following: lawn mowers - 52,000 ride on mowers and about 420,000 rotary mowers (including about 280,000 rotary mowers imported from China) hand held garden equipment about 600,000 articles (including about 310,000 line trimmers and brush cutters imported from China but not including leaf blowers and leaf collectors imported from China which would likely be an additional several hundred thousand) chainsaws 140,000 articles (does not include electric models or articles imported from China). A large proportion of the approximately 140,000 rotary mowers sold in Australia annually that are not imported from China are manufactured in Australia by Victa (owned by Briggs and Stratton Corporation). These lawn mowers are mainly fitted with imported four stroke Briggs and Stratton, Tecumseh or Honda engines. A proportion is fitted with two stroke engines made in South Australia. Victa also manufactures small volumes of leaf blowers/collectors and line trimmers. Rover lawn mowers previously manufactured in Queensland are now manufactured in China. About 60 per cent of the articles imported into Australia come from Asia and the remainder is primarily imported from Europe and North and South America. Steelfort Manufacturing in New Zealand produce about 7,000 lawn mowers per year and a small proportion of these are exported to Australia. Masport and Morrison lawn mowers previously manufactured in New Zealand are now manufactured in China. About 10,000 lawn mowers manufactured by Victa in Australia are exported to New Zealand each year Extent of Noise Nuisance from Portable Articles The extent of portable powered equipment noise nuisance is illustrated by the following: For Australia, the OPEA figures for indicate that over 1.2 million articles subject to the proposed scheme were sold in the financial year. The 2004 Neighbourhood Noise Survey Results, prepared for NSW DECC indicates that about 14.72% of those surveyed were a little annoyed or worse by noise from portable garden equipment. This equates to more than one million people being annoyed by this equipment in NSW. The 2004 NSW Neighbourhood Noise Survey Results indicate that 14.7% of those surveyed were annoyed by noise from powered garden tools. Of the 227 submissions received by DECC during the 2007 review of the NSW Noise Control Regulation: o about 17% sought increased noise controls on leaf blowers; and o nearly 20% sought increased noise controls on power tools generally. The submission from the Lord Mayor of Sydney noted that Noise issues can take up a significant proportion of councils' time and that Council rangers and police also have broader priorities and requested that DECC Introduce a system of labelling requirements for the sale of leaf blowers and introduce restrictions on models that exceed specified noise levels. A number of articles and letters have appeared in the press in recent years about the noise impacts of leaf blowers for example: o a Sydney Morning Herald article Leaf blowers beat new law dated 25 October 2007 o a Sydney Daily Telegraph article Tough laws target noise and pesky leaf blowers days are numbered dated 1 March 2008; and o a Sydney Morning Herald letter Curse of the leaf blower dated 10 October In 2010 DECCW received a letter from the Australian Institute of Local Government Rangers noting a growing number of complaints about leaf blowers. 12

13 Noise limits on lawn mowers were introduced in NSW in 1982 in response to community pressure for quieter models to protect amenity on weekends. In response to community pressure to protect amenity, Tasmania applies maximum permitted noise levels to chainsaws when in use. The 2006 Community Noise Survey prepared on behalf of the WA Department of Environment and Conservation (DEC) notes that 12.7% of those surveyed considered portable gardening equipment noise to be annoying and the survey found it to be a significantly more annoying noise than rubbish trucks and street sweepers, air conditioners, trains, industrial activity, commercial activity and boats. The survey discussion paper notes that local government complaint records are underestimating the number of people affected by noise. Based on the WA DEC Local Government Noise Complaints Survey Report 2006 and Community Noise Survey 2006, it is estimated that approximately 2300 people are annoyed by portable household equipment noise for every person that complains. Because of the relatively high noise levels emitted by portable garden equipment, those jurisdictions that set maximum noise levels for neighbourhoods in their legislation have to exempt this equipment on the basis that it is only used for a short duration. In the USA, a number of counties apply maximum permitted noise levels to leaf blowers when in use and a number ban the use of leaf blowers altogether. The EU Noise Directive requires labelling for portable equipment, includes noise limits for lawn mowers and electric hand held gardening equipment and the proposed amendment include limits for leaf blowers, leaf collectors, line trimmers, brush cutters, hedge trimmers and chainsaws. The European Commission s Impact Assessment Study on possible policy options for reviewing the Outdoor Equipment Noise Directive Final Report January 2009 notes that for gardening equipment: o Households bear most of the costs but also receive the benefits in terms of reduced o annoyance, especially during leisure time. Noise related annoyance is increasingly recognised as an important public health problem. Noise is a psycho-social stress factor for anyone. With children, noise induced annoyance seems to affect the respiratory system, caused by emotional stress. For the elderly, annoyance has been identified as increasing the risk for stroke. o Noise mitigation for gardening equipment can positively influence neighbourhood relations given that related noise or private gardening equipment is notorious especially in residential areas and allotment gardens. 2.0 Technical Issues 2.1 Definitions for portable articles For the purposes of the NSW labelling scheme, the NSW Protection of the Environment Operations (Noise Control) Regulation 2008 defines a grass cutting machine as a machine that: is: designed principally for the purpose of cutting grass or other soft undergrowth and is powered by a motor, but does not include electrically powered shears with a cutting width of less than 120 millimetres. The Regulation refers to grass cutting machines as mowers, ride-on mowers, edge-cutters, string trimmers, brush cutters and other grass cutting machines. The current EU Noise Directive definitions were assessed by the Noise Labelling Working Group. In order to standardise these definitions, the Working Group considered replacing the word engine in the EU definitions for line trimmers and brush cutters with the word powered, as the majority of the EU definitions simply use the word powered. This would result in both internal combustion engine (ICE) and electric motor (EM) models being dealt with equitably. The amended EU Noise Directive proposes to introduce limits for a number of additional articles with ICE and EM models having different limits. This is because for ICE models, noise sources include the combustion engine itself as well as the air intake and exhaust system, while for EM models these sources are not present. It is understood that the amended EU Noise Directive will introduce a number of new definitions, including covering leaf blowers and leaf collectors with a single definition, and including line trimmers (EU Noise Directive: grass trimmers ) and brush cutters within a single definition. The definitions that will result from the amended EU Noise Directive have not been fully resolved. They were agreed to by the EU Working Group in February 2010 and will be presented to the EU Parliament in June

14 In order to align the requirements for portable articles within the ANZ noise labelling scheme with the EU Noise Directive, and facilitate industry acceptance, adoption and compliance, it is recommended that the current EU Noise Directive definitions be adopted by the ANZ scheme in the first instance. Once the amended EU Noise Directive definitions have been finalised, these should be adopted unless a significant issue with these definitions is noted. Industry has indicated that deviating from the EU approach would result in significant additional costs to them and consumers for no worthwhile gain Definition for lawnmower The EU definition is fairly extensive and includes ride on mowers and both ICE and EM models but excludes agricultural, forestry and multipurpose devices with a power source greater than 20 kw. The definition refers to: a powered walk-behind or ride-on grass cutting machine or a powered machine with grasscutting attachment(s) where the cutting device operates in a plane approximately parallel to the ground and which uses the ground to determine the height of cut by means of wheels, air cushion or skids, etc. The cutting devices are: either rigid cutting elements or non-metallic filament line(s) or freely pivoting non-metallic cutter(s) with a kinetic energy of more than 10 J each; the kinetic energy is determined using EN 786:1997, Annex B. Lawnmowers also means a powered walk-behind or ride-on grass cutting machine or a powered machine with grass-cutting attachment(s) where the cutting device is rotating about a horizontal axis to provide a shearing action with a stationary cutter bar or knife (cylinder mower). Self-propelled machines or vehicles with an operator which are primarily designed for cutting grass and auxiliary garden work are not considered as multi-purpose devices even if they can be fitted with attachments. The following machines are excluded: agricultural and forestry equipment on which attachments may be installed; agricultural and forestry equipment designed for cutting grass; (called mowers if they are non-powered attachments, motor mowers if they are powered equipment). multi-purpose devices which are used with different type of attachments having its main motorised component with an installed power of more than 20 kw. Adoption of the EU definition will ensure the ANZ scheme is aligned with the EU Noise Directive Definition for leaf blower The NSW Noise Control Regulation refers to these articles as: a powered garden tool (that is a tool powered by a petrol engine or electric motor) including a blower or sweeper. The EU Noise Directive definition refers to leaf blowers as: a powered machine appropriate to clear lawns, paths, ways, streets, etc. of leaves and other material by means of a high velocity air flow. It may be portable (hand-held) or not portable but mobile. No mention is made of the power source in this definition, and it therefore covers articles powered by either ICE or EM. However, the amended EU Noise Directive currently proposes to combine leaf blowers and leaf collectors within the same definition. The amended EU Noise Directive also proposes a different limit for ICE and EM models and therefore the amendment may have different definitions for ICE and EM models. Adoption of the EU definitions will ensure the ANZ scheme is aligned with the EU Noise Directive. 14

15 2.1.3 Definition for leaf collector These articles are sometimes known as leaf vacs and consideration was given to adopting this term. The EU Noise Directive refers to leaf collectors as: a powered machine suitable for collecting leaves and other debris using a suction device consisting of a power source which produces a vacuum inside the machine and a suction nozzle and a container for the collected material. It may be portable (hand-held) or not portable but mobile. No mention is made of the power source in this definition, and it therefore covers articles powered by either ICE or EM. However, the amended EU Noise Directive currently proposes to combine leaf collectors and leaf blowers within the same definition. The amended EU Noise Directive also proposes a different limit for ICE and EM models and therefore the amendment may have different definitions for ICE and EM models. Adoption of the EU definitions will ensure the ANZ scheme is aligned with the EU Noise Directive Definition for line trimmer The NSW Noise Control Regulation refers to these articles as string-trimmers. In Australia they are commonly known as line trimmers or colloquially as whipper snippers. The relevant EU Noise Directive definition is for: grass trimmer/grass edge trimmer and this essentially refers to a combustion-engine driven portable hand-held unit fitted with flexible line(s), string(s), or similar non-metallic flexible cutting elements, such as pivoting cutters, intended to cut weeds, grass or similar soft vegetation. The cutting device operates in a plane approximately parallel (grass trimmer) or perpendicular (grass edge trimmer) to the ground. This definition does not include EM line trimmers which are covered in a separate category for electrically powered articles termed Lawn trimmer/lawn edge trimmer. This definition refers to: an electrically powered walk-behind or hand-held grass cutting machine with cutting element(s) of non-metallic filament line(s) or freely pivoting non-metallic cutters with a kinetic energy of not more than 10 J each, intended to cut grass or similar soft vegetation. The cutting element(s) operate(s) in a plane approximately parallel (lawn trimmer) or perpendicular (lawn edge trimmer) to the ground. The kinetic energy is determined using EN 786:199. Industry has noted that large line trimmers (EU: grass trimmers/grass edge trimmer) are used for forestry and highway service purposes with limited annoyance to the public and that the noise level is dominated by the tool (especially for plastic tools), so the noise level cannot be reduced. Industry has also noted that smaller line trimmers commonly used in residential areas are increasingly EM models plugged into mains power and the availability of more effective lithium batteries is resulting in these articles being increasingly battery powered. Industry wants the ANZ scheme to be consistent with the EU Noise Directive which for historical reasons deals with EM articles separately. The amended EU Noise Directive currently proposes that grass trimmer/grass edge trimmers and brush cutters be covered by a single definition Definition for brush cutter The NSW Noise Control Regulation refers to these articles as brush cutters. The relevant EU Noise Directive definition refers to: a combustion-engine driven portable hand-held unit fitted with a rotating blade made of metal or plastic intended to cut weeds, brush, small trees and similar vegetation. The cutting device operates in a plane approximately parallel to the ground. Industry has noted that there is no practical application or demand for EM models and therefore these are not covered within the definition. As with line trimmers, industry has noted that large brush cutters are used for forestry and highway service purposes with limited annoyance to the public and that the noise level is dominated by the tool (especially for plastic tools). Industry wants the ANZ scheme to be consistent with the EU Noise Directive and adopt the EU approach. 15

16 The amended EU Noise Directive currently proposes that brush cutters and grass trimmer/grass edge trimmers be covered by a single definition Definition for hedge trimmer The NSW Noise Control Regulation does not refer specifically to these articles. The EU Noise Directive definition refers to: hand-held, integrally driven powered equipment which is designed for use by one operator for trimming hedges and bushes utilising one or more linear reciprocating cutter blades. No mention is made of the power source in this definition, and it therefore covers articles powered by either ICE or EM. However, the amended EU Noise Directive proposes limits for these articles which will be different for ICE and EM models and therefore the amendment may have different definitions for ICE and EM models. Adoption of the EU definitions will ensure the ANZ scheme is aligned with the EU Noise Directive Definition for chainsaw - portable The EU Noise Directive definition, which comes from ISO 531, refers to: Chain saw, portable as a power driven tool designed to cut wood with a saw chain and consisting of an integrated compact unit of handles, power source and cutting attachment, designed to be supported with two hands. Hydraulic or pneumatic devices with no integrated power source are excluded. No mention is made of the power source in this definition, and it therefore covers articles powered by either ICE or EM. The amended EU Noise Directive proposes limits for these articles which will be different for ICE and EM models and therefore the amendment may have different definitions for ICE and EM models. Adoption of the EU definitions will ensure the ANZ scheme is aligned with the EU Noise Directive. Recommendation: 1. That the ANZ noise labelling and limit scheme adopt the EU Noise Directive definitions for lawn mowers, leaf blowers, leaf collectors, brush cutters, hedge trimmers, internal combustion engine grass trimmer/grass edge trimmer, electric motor lawn trimmer/lawn edge trimmer and chainsaws and any new definitions for these articles as they come into force through amendments to the EU Noise Directive. 2.2 Labels to Specify Sound Pressure Level or Sound Power Level A sound source radiates a certain amount of power into the surrounding air, which gives rise to sound pressure waves in the air. The logarithmic magnitude of these waves, referred to as the sound pressure level (SPL), may be measured at different distances from the source. For the SPL level noted on a label to be meaningful to the community, the label needs to indicate at what distance from the source the level occurs. For existing labelling schemes that use SPLs, these distances vary for different purposes and between different jurisdictions. For example, for portable equipment, the NSW environmental noise scheme uses SPLs at 7.5 metres, USA environmental noise systems use 50 feet and the proposed Australian occupational health and safety system uses two metres. For some air conditioners the SPL at one metre is used. For large mobile equipment, the NSW environmental noise scheme uses SPLs at 15 metres. The use of SPLs at varying distances from the source has the potential to confuse purchasers. The power a sound source radiates into the surrounding air is called the sound power level (LW). Because LWs cannot be measured directly, SPLs are generally measured at specific distances from the source and standard calculations are then used to determine the SWL at the source. The NSW and WA labelling schemes use LWs for air conditioners and the AIRAH on-line noise calculator, designed to prevent noise issues from inappropriate installation arising, is set up to work from LWs. The EU Noise Directive uses LWs for all portable and stationary equipment within that scheme. The LW is an absolute universally recognised parameter that is not dependant upon distances and can be used for ratings and to compare sound levels etc. If the SPL at a particular distance needs to be understood, this can easily be calculated from the LW. 16

17 The international standard ISO 31-2:1992 Quantities and units - Part 2: Periodic and related phenomena and Australian standard AS Quantities and Units Part 7: Acoustics are consistent and require that the symbol for sound power level be LW. The Australian standard AS Acoustics Noise labelling of machinery and equipment, which is relevant to fixed articles, requires that labels display the sound power level and that measurements be A-weighted and therefore sound power levels for labelling purposes be noted as LWA. Using the EU Noise Directive measurement system for portable articles within the proposed ANZ noise labelling and limit scheme would result in the scheme using LWA and this being noted on any labels. Using LWA would result in clear standard information that is understood by industry and more likely to be understood by the community. Industry responses to the preliminary consultation papers unanimously supported using LWAs. Recommendation: 2. That the ANZ noise labelling and limit scheme adopt the EU Noise Directive approach by using sound power levels (LWA) when specifying any labelling and limit requirements 2.3 Multiple use portable articles Some articles have multiple uses. Traditionally this has been the case for internal combustion engine line trimmers and brush cutters (which have interchangeable cutting devices) and some leaf blowers and leaf collectors which can be used in either configuration. More recently equipment has become available that can be fitted with a significant number of attachments. For example, one brand has three different engine components, with different power ratings, and nine different interchangeable attachments including a blower, edger, brush, sweeper, cropper, pruner, cultivator, cutter and trimmer. Multiple use articles need to be tested in any configuration that results in them falling under any of the product definitions under the ANZ scheme and the equipment required to meet any relevant limits otherwise a loophole would exist through which articles that are particularly noisy in alternative configurations may become available in the market place The EGMF and OPEA have indicated that the EU Noise Directive is currently interpreted so that it requires the highest sound power level that may come from a particular attachment when fitted to any engine component to be noted on the attachment. Sections and of the amending EU Directive 2006/42/EC require all of the levels for each attachment when fitted to different engine components to be noted in instruction manuals and sales literature. The OPEA has also indicated that ISO Forestry machinery - Noise test code for portable hand-held machines with internal combustion engine - Engineering method (Grade 2 accuracy) is to be amended to reflect these requirements. In order to address the issues related to multiple use articles and align the ANZ noise labelling and limit scheme requirements with the intention of the EU Noise Directive, it will be necessary to ensure the following requirements are enforceable in Australia and New Zealand: articles are tested in any configuration that results in the article falling into any of the definitions used in the ANZ noise labelling and limit scheme; articles meet any limits relevant to any configuration; articles have each attachment labelled noting the highest sound power level possible for any equipment with that attachment; and articles have all of the levels for each configuration noted in instruction manuals and sales literature. Once the EU Noise Directive amendment is finalised, it will be necessary to check that each of the points noted above is addressed. 17

18 Recommendation: 3. The ANZ noise labelling and limit scheme adopt the EU Noise Directive approach to multiple use equipment subject to verification that it addresses the following requirements: o equipment is tested in any configuration that results in it falling into any of the definitions used in the ANZ noise labelling and limit scheme; o any limits relevant to any configuration are met; o each attachment is labelled noting the highest sound power level possible for the equipment with that attachment; and o all of the levels for each configuration are noted in sales material and in an owner s manual. 2.3 Labelling format for portable articles The EU Noise Directive label for portable items etc is provided at Appendix 3. The size of the label needs to be minimal so it will fit on the equipment. For example, the EU Directive labelling system requires the proportion of labels to be 100 vertical by 90 horizontal and for the vertical to be not less than 40 mm. However, for equipment weighing less than 20 kg, the vertical dimension may be reduced to 20 mm. Labels need to be easily comprehended by members of the public, of a size that enables them to be fitted to the machinery and durable so that, as far as practicable, successive owners are aware of the noise level of the machine. Industry has noted that label durability requirements are well documented in current equipment standards. Recommendation: 4. The ANZ noise labelling and limit scheme adopt the EU Noise Directive labelling requirements for portable articles. 2.4 Current noise labelling of portable articles The following table provides a summary of the current Australian, New Zealand and EU Noise Directive labelling requirements for the portable equipment proposed for inclusion within the ANZ scheme. Table 1: Noise Labelling of Portable Articles Portable Articles Noise Labelling Article Australia New Zealand European Union 1. Lawn Mower NSW Yes No Yes Other States - No 2. Leaf Blower All States No No Yes 3. Leaf Collector All States No No Yes 4. Line Trimmer NSW - Yes No Yes (covered under EU grass trimmers ) Other States - No 5. Brush Cutter NSW - Yes No Yes Other States No 6. Hedge Trimmer All States - No No Yes 7. Chainsaw NSW Yes Other States No No Yes 18

19 Preliminary research conducted at three retail outlets in the Sydney region in 2008 is summarised below: Lawn mowers: twelve brands noted - six had NSW labels and six were not labelled. Leaf blowers: twelve brands noted five had EU labels and seven were not labelled Line trimmers: ten brands noted three had NSW labels, four had EU labels and three were not labelled Brush cutters: seven brands noted - two had NSW labels, four had EU labels and one had both Hedge trimmers: seven brands noted - one had EU label and six were not labelled Chainsaws: six brands noted - one had a NSW label, four had EU labels and one was not labelled. Due to NSW and EU labelling requirements, labelling may also appear on some of these articles in other jurisdictions. Where noise level information is provided, there is no certainty as to how the levels were calculated, or whether the level stated reliably provides the level of the equipment. As either sound pressure levels or sound power levels may be noted on labels, this may also cause confusion in the market place. The OPEA has advised that one manufacturer noted that it costs between cents per unit to fix a label at the point of production overseas. The OPEA has also indicated that these costs could be substantially higher for local manufacturers. For items imported without labels, each box must be opened and the label fixed in a warehouse and this substantially increases the costs to about $1.00 per unit. If NSW labels were no longer required and EU Noise Directive labels were adopted by the ANZ scheme, there could be a slight reduction in costs for those items imported with EU labels already fixed as each product box would no longer have to be opened and a NSW noise label fixed to each unit. 2.5 Noise limits NSW and Tasmania have noise limits for a number of portable articles and several USA cities and counties have included limits for leaf blowers and other equipment within their Ordinances. The EU Noise Directive currently has limits on 22 of the 57 articles within that scheme and it is proposed that the amended EU Noise Directive will include limits for additional equipment. Other jurisdictions may also have limits for certain equipment EU Noise Directive limits The EGMF and OPEA have noted that halving the noise energy emitted from a machine will reduce the sound power of the machine by only around three db(a). Therefore in some cases a reduction of even one db(a) may be a serious challenge for machine design. New exhaust gas emission technologies being employed to meet the exhaust emission standards currently applied in the EU (and currently proposed for adoption in Australia) result in higher noise emissions. For example, additional channels and ports in carburettors and higher efficiency of combustion, requiring additional cooling resulting in more open shrouds, leads to more airborne sound emissions. Also, as recent work around compliance of production has concluded that the variation between the sound power levels of individual machines within the same model is greater than previously understood, a statistical safety factor of around two to three db(a) needs to be applied by manufacturers to account for the uncertainties around ensuring all of the machines of a particular model will meet the limit. Therefore the limits currently proposed for adoption in the EU Noise Directive amendment are not as tight as those originally proposed by the EU. However, application of the statistical safety factor means that for a particular model that is guaranteed to just meet the limit, the average machine will have a sound power level about two to three db(a) less than the limit and some individual machines may range down to around four to six db(a) less than the limit. Likewise, the sound power level of the average machine for a model that is guaranteed to be less than the limit will be even lower. The proposed new limits for leaf blowers, leaf collectors, line trimmers, brush cutters, hedge trimmers and chain saws will be introduced in Europe in two stages spaced four years apart with the second stage being one to two decibels lower than the first stage. Limits will also be introduced for electric products where a limit can be justified. 19

20 The following Table provides a summary of the NSW, Tasmanian and EU Noise Directive limit requirements related to the portable equipment recommended for inclusion within stage one of the ANZ noise labelling and limit scheme. Table 2: Summary of Limits for Portable Articles in Stage 1 Article Range of SWLs - db(a) (Levels have been obtained from the EU Noise Database) Limits - db(a) Australia EU Noise Directive (SWL) SPL (at 7.5 m) Approx SWL Existing Currently Proposed Amendment Lawn Mower (ICE and EM) Leaf Blower ICE Cutting width: < 50 cm: approx 90 to cm: approx 95 to cm: approx 93 to 100 > 120 cm: approx 93 to 105 NSW Cutting width: < 62 cm: cm: 80 Ride-on: 80 Tasmania - Power level: < 5 kw: 74 > 5 kw: to 120 (ICE &EM) All States - No NA Cutting width: < 50 cm: cm: cm: 100 >120 cm: 105 No No change 1.5 kw: stage 1: 108, stage 2: 106 > 1.5 kw: stage 1: 111, stage EM No 107 Leaf Collector ICE (ICE & EM) All States - No NA No 1.5 kw: stage 1: 108, stage 2: 106 > 1.5 kw: stage 1: 111, stage EM No 107 Line trimmer EU - Grass trimmer (ICE) EU - Lawn trimmer (EM) 94 to 118 Cutting length: < 50 cm: approx 85 to cm: approx 100 to cm: approx 98 to 105 > 120 cm: approx 84 to 113 NSW (ICE & EM) - 80 Other States - No 105 No Cutting length: < 50 cm: cm: cm: 98 > 120 cm: kw: stage 1: x kw, stage 2: x kw > 1.5 kw: no limit Cutting length: < 30 cm: 95 and 30 cm: 96 20