July 2, 2018 Testimony of John G. "Grif" Johnson

From the D.C. Council Committee of the Whole Hearing on July 2, 2018. testimony of John G. "Grif" Johnson:

Mendelson: Thank you Mr. Mann.   Mr. Johnson?

Johnson: Good afternoon, Mr. Chairman and members of this Committee. I'm Grif Johnson, I'm one of the founders of Quiet, Clean DC. We're a group of concerned DC residents who are worried about a significant problem in our city, and indeed, all around the country. That problem is the invasive, harmful noise generated by the gas-powered leaf blower. I also wanted to thank you, Mr. Chairman, for convening this hearing, and I want to thank Councilmember Cheh for introducing the bill that's under consideration today. And Councilmembers Bonds, Grosso, McDuffie, and Allen for co-sponsoring the bill. We also want to thank those additional Councilmembers who have assured us of their support for the legislation. 

The bill in question will amend the District of Columbia Noise Control Act of 1977. That act stated that chief among its purposes are, and I quote, "To preserve, protect, and promote ... the peace and comfort of inhabitants in the city." Subsequent to the 1977 act, the Council in 1992 adopted a regulation that addresses leaf blowers, specifically. That regulation limits both their hours of operation and their noise output to no more than 70 decibels at a distance of 50 feet. 

But the regulation doesn't work. As you'll hear today from witnesses who support this bill, your constituents across the District are up in arms over the deprivation of their peace and comfort from excessively noisy gas-powered leaf blowers. More than a quarter of the advisory neighborhood commissions in DC, representing 7 of our city's 8 wards, have adopted resolutions endorsing this bill. Over 2,300 individuals have signed an online petition urging the Council to move forward on this bill. We hear it from every corner of the city: "Stop. The. Noise." 

Why doesn't the current regulation work? Because it requires for its effective enforcement that an appropriate agent for the DC government must verify the operation of a leaf blower above the 70 decibel limit, and beyond the 50-foot distance. That means the enforcing agent must come to the scene of the violation while it's underway, and armed with a sound meter and a distance-measuring tool, for which he would need to have been specially trained, then confirm the violation. It simply is impractical for all of that to happen before the operator of the violating equipment will have ceased such operation, or will have moved on to another property, where he'll engage in a new violation. 

And there's another reason why the current regulation is ineffective. That's because the regulation relies solely on sound measurements in decibels. That approach overlooks the most offensive element of noise produced uniquely by leaf blowers that are powered by gas. As you'll hear in a few minutes, research that my colleagues on this panel, Mr. Pollock and Dr. Banks, will present to you this afternoon, establishes that what differentiates the gas blowers noise is a very strong, low-frequency component that a battery-powered blower, having an identical decibel rating as the gas blower, doesn't generate at the same strength level. That powerful, low-frequency element is the source of the greatest offense to the human ear. These complaints all relate to noise from gas-powered leaf blowers. 

The blowers generate not only high levels of the most disturbing low-frequency sound components, but also enormous decibel outputs, well above the limits for safe human exposure. The Centers for Disease Control and Prevention last year published a finding that two hours of exposure to a leaf blower operating at 85 decibels will cause hearing loss. And hearing loss is permanent. Once your hearing is gone, you can't get it back. The defenders of these thunderous gas blowers actually brag about them. Consider an article recently published in OPEReviews.com, an online publication for the landscaping industry. The article gets right to the point. Here are the first two sentences. "What does it feel like to have Hurricane Irma strapped to your shoulders? Donning any of the leading backpack blowers will give you a close representation," 

The article notes that seven models of the most popular gas blowers deliver sound at the operator's ear of between 101 and 104 decibels. Decibels are measured logarithmically, so that a difference of as little as three decibels represents a doubling of the sound's energy. We're talking about noise that's several orders of magnitude above the CDC limit of 85 decibels, and that's at the ear of the operator. 

Proponents of the gas blower claim that a so-called quieter gas blower is now available. In a few moments, you'll hear Mr. Pollock play for you an audio clip of this supposedly quiet gas blower, which includes that low-frequency component that's so uniquely powerful with gas blowers, and not with the battery blower. You can decide for yourself in just a minute whether the so-called gas, so-called “quiet gas blower”, is indeed quiet. 

In reality, very few landscaping contractors are using this much-ballyhooed quiet gas blower. In an Op-Ed published in January in TotalLandscapeCare.com, which is another online publication for landscapers, one of the leading advocates for gas blowers pleads with landscape contractors to start using the supposedly quiet gas blower, or else cities like ours will adopt laws to phase out gas blowers altogether. And we hope you will. 

So, returning to our current regulation on gas blowers, it's unworkable as I said because it can't be effectively enforced. But a law that simply bans all gas blowers won't be difficult to enforce because a gas blower can be easily identified visually, without the need for taking measurements of decibels and distances. And a ban on gas blowers will free all of us from having to endure that powerful and aggressive low-frequency noise element that the gas blower emits. That's why we support this bill. It will work. Thank you, Mr. Chairman.

July 2, 2018 Testimony of Charles "Chuck" Elkins, ANC Commissioner

From the D.C. Council Committee of the Whole Hearing on July 2, 2018. testimony of Charles "Chuck" Elkins, elected ANC commissioner and former EPA official:

Mendelson: Thank you, Mr. Mustico. Commissioner Elkins?

Elkins: Mr. Chairman, I'm Chuck Elkins, Vice-Chair of ANC3D. In my former life at EPA, I served as Director of both the Noise Control Program on the Federal level, and the Federal Air Pollution Control Program. 

I want to assure you, as you have already heard, that this is not just a Ward 3 problem. We have 12 advisory commissions’ [supporting resolutions from] across the city, and in seven wards, 46 neighborhoods. And, as you know, ANCs do not suffer fools easily. They don't put their names on resolutions unless they understand them and approve them. So this is not just a few residents in Ward 3 who are concerned about this.  [NOTE: The written testimony that contains the 12 ANC resolutions can be viewed HERE.]

I'd like to spend the rest of my time addressing some of the concerns we've heard here, this afternoon. One we just heard is that this should be a market-based approach. I think it has been market based. This gentleman's industry has produced battery-powered blowers, and they are quieter, and now we have the scientific evidence that you heard earlier this afternoon that in fact this bill is directly targeted at the technology that needs to be banned, because all of these gas blowers are noisier than the battery ones in ways that the measurements from the industry do not show. So, this bill turns out to be very focused in the right way on technology.  Changing behavior is good, but it's not the solution where we can have a technology solution. 

I'd like, finally, to address the points made by Mr. Mann this afternoon on behalf of the lawn maintenance industry. I think none of us are against the industry. He asked for a middle ground, and I think that's exactly what this bill does.  It's a middle ground because it's targeted only at gas-powered blowers, so the industry will still have excellent blowers to use. It's based on the scientific basis I just described. So,

•    It's a middle ground for the lawn maintenance companies. They can continue to do business, as you heard from a couple of operators. And there are 140 others across the country. They can do this business and make money. 
•    Secondly, it's great for the workers because of the hearing loss, and
•    It's great for the neighbors. 

And I want to suggest to the lawn maintenance industry that they adopt a new motto. It would be, "It's better to be seen rather than heard." Wouldn't it be great to look forward in this city, in the future, to when people will walk out of their houses and say, "Oh, the lawn maintenance people have been here! It's beautiful. But, you know, I didn't hear them!" 

That is the future that I hope the lawn maintenance industry can move to. It's a direction that the industry is producing equipment so that they can do that. And I think now is the time for DC to join the other 120 communities across this country to bring in the 21st-century technology. Thank you, Mr. Chairman.