The AUC published an updated version of Rule 12, Noise Control that will take effect on September 30 of this year. The updated rule will not be applied retro-actively. Important changes include the following:
The addition of a (sub) urban PSL and the addition of important cultural or ceremonial indigenous sites as noise sensitive. Therefore, the PSL no longer applies specifically to dwellings within 1.5 km from a facility property boundary (or at 1.5 km from a facility if no dwellings are present within that distance), but to “noise receptors”. “Noise receptors” are defined as dwellings in appendix 1 to the rule, or “any point at 1.5 km from the property boundary that is reasonable suitable for habitation”. No definition of “reasonable suitable for habitation” is included in the rule. The commission retains the discretion to consider noise compliance at continuous and persistent ceremonial and/or cultural sites that are significant to an indigenous group and that are within 1.5 km of the project boundary.
If a time extension for the construction of a facility is requested, a new NIA must be filed with the request if a new dwelling is being constructed, or new energy-related facilities may influence noise levels. Note: if a new dwelling is developed within 1.5 km of an existing and operational facility, the PSL can be adjusted to reflect the cumulative noise levels with the facility operating, if higher than the PSL (see 2.3.1)
New PSLs have been added to table 1 for suburban and urban lands, based on dwelling density. No other human activity (e.g. proximity to industrial or commercial activities) are considered.
The obligation to assess ambient sound levels in an NIA has been scrapped and in most circumstances, NIAs should use the assumed ambient sound level included in Rule 12. An ambient sound level adjustment (A2 adjustment) is applicable only when the assumed ambient sound level is determined not to be representative for the noise receptor(s) under consideration. An ambient sound level survey for an A2 adjustment may be necessary in such situations, e.g. in pristine areas, or with non-energy related noise sources that may impact ambient sound levels. Added in this description are populated areas (e.g. suburban and urban areas) where the (sub)urban PSL may not be representative. A downward A2 adjustment may be considered for pristine areas and for (sub)urban areas, but must be requested prior to conducting an ASL survey.
Near busy roads, traffic modelling may also be used to assess ambient sound levels for an A2 adjustment.
If the predicted cumulative noise level at the most affected receptor is at least 3 dB less than the PSL, or if it is impractical or inefficient to characterize baseline sound levels, and there is a “no net increase” in sound levels, a noise impact summary form may be filed. However, all the requirements for an NIA survey still apply – except the reporting requirements.
In a comprehensive sound level survey (CSL), at least 3 hours of valid data in both daytime and nighttime are required. Data from multiple days can be combined, if at least 30 minutes of valid data for each individual period is available and if the difference in average sound levels for individual periods is not greater than +/- 3 dB.
A tonal assessment may be required in a CSL survey in a complaint situation.
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