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The Technical Instructions on Noise (TA Lärm) contain protective and precautionary measures against harmful effects on the environment caused by noise. They shall be applied to installations subject to licensing and those not subject to licensing meeting the requirements of Part II of the Federal Immission Control Act.
These exceptions are made as the installations can only be assessed pursuant to other regulations or only with reference to TA Lärm due to their specificity (e.g. surface mines or the shooting with firearms). The protection from harmful environmental effects is ensured as far as the total pollution, e.g. the sum of the noises from all installations to which TA Lärm is applied, does not exceed the immission guide values at the relevant place of immission. The relevant place of immission is that place in the neighbourhood of installations requiring protection where the exceedance of immission guide value is most probable. As for built-up areas, this place is situated in front of the opened window of rooms requiring protection or, as for undeveloped areas, at the border of areas on which buildings with rooms requiring protection may be constructed. The immission guide values for both the rating level and the permitted maximum level of single sound events are graduated according to the degree of protection required for each territorial category, which corresponds to the classification made in the Federal Land Utilization Ordinance. The allocation complies with the designations in legally binding land-use plans or, if those are not available, with the degree of protection required for the actual use of the territory. Section 6.1 of TA Lärm specifies the following immission guide values for places of immission outside buildings:
Table 4/2: Immission guide values pursuant to TA Lärm (in dB(A)) Single short-time peak values may not exceed the immission guide values by more than 30 dB(A) during the day and more than 20 dB(A) at night. The term "immission guide value" implies that the values according to TA Lärm do not represent the limit of relevance (reasonableness) in any case. A number of factors, which have an influence on the nuisance but whose weighing can differ significantly in a given case, is included in the assessment procedure. With its assessment of special cases, TA Lärm provides a basis for decision-making in such situations. A special situation is given in the historically evolved conflict situation at the borders between commercially or industrially used areas and residential areas. The immission guide values can be raised to an appropriate intermediate value, if this is required due to the obligation to mutual consideration, but they may not exceed the values of mixed areas in category c). It is yet prohibited to deliberately plan such a conflict situation as this would make pollution control provisions ineffective. Installation noises are assessed on the basis of the rating level and the maximum values of single sound events. The following factors must be determined:
The rating level consists of the average sound level during the assessment period (the average value over the 16 hours from 6 am and 10 pm and the average value over the loudest full hour between 10 pm and 6 am), of additions for discrete components, information incorporation, impulsive characteristics and daytimes with increased sensitivity and of meteorological corrections pursuant to DIN ISO 9613-2. The rating level calculated in a sound immission prognosis is compared with the immission guide value when the immission control authorities check whether the obligation of protection is complied with in the case of installations subject to licensing; the same applies to building control authorities in the context of installations not subject to licensing. A distinction is made between detailed prognoses with a high degree of accuracy, usually required for installations subject to licensing, and rough prognoses with a lower degree of accuracy for installations not subject to licensing. A prognosis is established pursuant to the regulations given in section A.2 (e.g. DIN ISO 9613-2, VDI 2571 etc.). TA Lärm grants exceptions for rare events during which exceedances of the immission guide values during the operation of an installation are allowed on up to ten days or nights of a calendar year (up to 14 in the case of several installations) due to the predictability of the particular situation. The permissibility of exceedances is attached to strict assessment criteria (best available techniques, exhaustion of all operational and organizational noise reduction measures, reasonableness in a given case). Rating levels of 70 dB(A) at daytime and 55 dB(A) at nighttime are permitted for rare events in areas with a higher protection claim than industrial areas. Furthermore, sound level ranges are determined for these areas, specifying the short-time exceedances of the rating levels for single peak noises during rare events. Another special provision is applied to traffic noises in the context of the operation of installations. Vehicle noises coming from the company site are added to the installation noises. Start-up and drive-off noises on public circulation areas are separately determined pursuant to the method of calculation of RLS-90 (road traffic) or Schall 03 (rail traffic). These noises shall be reduced through organizational measures near the company site (up to a distance of 500 m) if
The principle according to which the total pollution must not exceed the immission guide values (also called acceptor reference), which is anchored in the Federal Immission Control Act and adopted by TA Lärm for installations within its scope, requires the examination whether an installation assimilates acoustically into the existing situation before it is authorized. An immission guide value percentage for the additional pollution on the basis of the existing pollution must be determined for this purpose. Noise allotment has proved to be an appropriate instrument for the determination of immission guide value percentages for larger commercial areas, where a number of installations from different operators has an impact on one place of immission.
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