Npc-300 - Ontario Air & Noise Practitioners' Group

NPC-300 : Hows it working 18 months later Air and Waste Management Association Ontario Section Presented by: Nicholas Sylvestre-Williams, M.Eng., P.Eng., INCE Date: April 16, 2015 Introduction The Air & Waste Management Association (A&WMA) is a non-profit, nonpartisan professional organization that enhances knowledge and expertise by providing a neutral forum for information exchange, professional development, networking opportunities, public education, and outreach to more than 5,000

environmental professionals in 65 countries. Aercoustics Engineering Limited has dedicated itself to providing high quality consulting services in the science and engineering of acoustics, noise and vibration since 1974. Nicholas Sylvestre-Williams is a Professional Engineer & Designated Consulting Engineer with twelve years of experience in the field of Acoustics, Noise and Vibration 2 Outline 1. Regulatory Framework 2. NPC History

3. Breakdown of NPC-300 4. Current Issues 3 Sound is me cutting my lawn Noise is my neighbour cutting his lawn Music is my neighbour cutting my lawn 4 Regulatory Framework 5

Regulatory Framework - Provincial Section 9 of the EPA states: No person shall, except under and in accordance with an environmental compliance approval, (a) use, operate, construct, alter, extend or replace any plant, structure, equipment, apparatus, mechanism or thing that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water; or . Section 1 defines a contaminant as: contaminant means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that causes or may cause an adverse effect; 6

Regulatory Framework - Municipal Planning Act The 1990 Ontario planning act established the rules for land use planning and allows for the issuance of Provincial policy. The MOECC has no power under the Planning act and has no direct role in the land use planning process! Municipal Act

The Municipal Act gave municipalities to enact noise by-laws. The Municipality may adopt the NPC documents in their laws. 7 Model Municipal Noise Control By-Law, Aug 1978

NPC-101 Technical Definitions NPC-102 Instrumentation NPC-103 Procedures NPC-104 Sound Level Adjustments NPC-105 Stationary Sources NPC-106 Sound Levels due to Road Traffic

NPC-115 Construction NPC-116 Residential Air Conditions NPC-117 Domestic Outdoor Tools NPC-119 Blasting NPC-131 Guidelines for Noise Control in Land Use Planning NPC-132 Guidelines for Noise Control in Rural Areas NPC-133 Guidelines for Info Required (Stationary) NPC-134 Guidelines on Info Required (Planned) 8 The mid-90s In general, the assessment of noise and vibration impacts is performed at critical points of reception. Although the mandatory information is usually sufficient for

the impact assessment, additional information may in some cases be required. As stated above, an acoustical report may be required in cases of complex or multiple sources. 9 NPC History - Updated in the Mid-90s

NPC-101 Technical Definitions NPC-102 Instrumentation NPC-103 Procedures NPC-104 Sound Level Adjustments NPC-205 Stationary Sources in Urban/SubUrban Areas NPC-106 Sound Levels due to Road Traffic NPC-207 Vibration (draft) NPC-115 Construction

NPC-216 Residential Air Conditions NPC-117 Domestic Outdoor Tools NPC-119 Blasting LU-131 Guidelines for Noise Control in Land Use Planning NPC-232 Stationary Noise Limits in Rural Areas NPC-233 Guidelines for Info Required (Stationary) 10 The 2000s The Acoustic Assessment Report 11 Why Update?

Land Use Planning 12 Environmental Approvals So planning is an issue? And because her second-floor location is within 300 metres of an employment area zoned for heavy industry, provincial environment ministry rules set out

additional requirements for nearby companies, dealing with issues such as odour and contaminants, but especially noise. 13 Bringing Planning and Permitting together 1. NPC-205 - Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban), dated Oct 95. 2. NPC-232 Sound Level Limits for Stationary Sources in Class 3 Areas (Rural), dated Oct 95. 3. LU-131 Noise Assessment Criteria in Land Use Planning, dated Oct 97 Annex to Publication LU-131

Requirements, Procedures &Implementation, Oct. 97 NPC 300: Environmental Noise Guideline, dated Aug 13 14 What does NPC 300 NOT address Renewable Energy Approvals (e.g. wind turbines, solar) Vibration, including Blasting Construction Noise Haul-route Noise Traffic noise Anything with a local by-law Wildlife Noise 15

History of NPC - 300 Date Release January 2009 November 2010 RFP for update to NPC documents released 1st Draft issued April 2011

2nd Draft issued October 2013 Final Version released, dated Aug. 2013 Updated to provide clarifications. MOECC to introduce FAQ on NPC300 2014(ish) & 2015 16 NPC-300 A Breakdown

17 NPC-300 A Breakdown 7 18 es g Pa NPC-300 A Breakdown

25 19 Pa ge s NPC-300 A Breakdown Same Tables 20 NPC-300

21 NPC-300 What do we do now? Situation Result New Application Meet NPC-300 Existing Site Not retroactively applied to an existing approval unless

and until amendment is required Amendment Meet NPC-300 Audit Unclear; Should meet ECA condition (but experience varies) Complaint Unclear; Should meet ECA condition (but experience varies)

Non-compliant w/ Noise Abatement Action Plan necessary NPC-300 22 What go Updated Many new definition and clarifications. Receptor Height explicitly stated. On-site receptor defined and excluded. Churches in Commercial areas excluded. Explicitly requires vacant lots to be assessed. More stringent limits for impulsive noise. Infrequent Operations excluded. New Class 4 Area. Less stringent limits for emergency equipment.

23 Excluded Stationary Sources Construction activities Transportation corridors Residential air conditioning Auditory warning devices Occasional movement of vehicles (infrequent deliveries) Essential services & maintenance of public facilities

Other Sources: Car washes Firearm Ranges Farming equipment 24 Race tracks Pits & Quarries (MNR) Federal sites Sources normally addressed with the qualitative by-law : Domestic pets Auditory signalling devices Domestic activities (use of

tools, parties, radios, quarrels) Gatherings at facilities like restaurants & parks Point of Reception (POR) Institutional Purpose Building Schools, nurseries, hospital, community centre, place of worship, detention centre. Commercial Purpose Building Includes habitable rooms used for sleeping (ie. hotel) 25

Vacant Lot having regard for the existing zoning by-law, the typical building pattern in the area and an appropriate or likely future use 26 Point of Reception (POR) What is not considered a POR in the new NPC-300?

Places of worship on commercial or industrial lands Outdoor locations associated with noise sensitive institutional purpose or noise sensitive commercial purpose Inoperable (fixed or sealed) windows - Commercial and institutional purpose buildings only Plane of window of enclosed noise buffer 27 Sound Level Exclusion Limits No restrictions apply to sources resulting in an LEQ lower than the minimum values for that time period Minimum Outdoor (Window) Values of LEQ by Time of Day

Time of Day 0700-1900 1900-2300 2300-0700* 28 Class 1 Area 50 50 45 One Hour LEQ (dBA) Class 2

Class 3 Area Area 50 45 45(50) 40 45 40 Class 4 Area 55(60) 55(60) 55

Impulsive Noise Limits Impulses Metal on metal Firearm discharges Rail coupling Tube drops Based on number of impulses in an hour

Old guidelines had 100 dBAI limit for infrequent impulses 29 Impulsive Noise Limits Minimum Exclusion Limits for LLM by Time of Day (Outdoor) Time of Day 0700-2300 30 Number of Impulses /hour 9 or more 7 to 8

5 to 6 4 3 2 1 Class 1 Area 50 55 60 65 70 75 80

Class 2 Area 50 55 60 65 70 75 80 Class 3 Area 45 50

55 60 65 70 75 Class 4 Area 55 60 65 70 75 80 85

Tonality The new NPC-300 deliberately keeps this subjective Ministry: If you can hum, whistle or sing the noise, then its tonal. It has to grab your ear. 31 Infrequent Activities NPC-300 excludes activities considered infrequent Considered frequent if: Occurs 1 time per month and lasts for 30 minutes or less.

32 Acoustic Barriers Minimum surface density of 20 kg/m2 (unchanged) Can be reduced to as low as 10 kg/m2 Subject to technical justification Can comply with Canadian Standard for Certification of Noise Barriers 33 The New Class 4 Municipality may choose to designate an area Class 4 Only intended:

if no existing noise sensitive land uses exist in the area for urban developments (not houses with backyards, etc); and if Class 1,2,3 Ministry limits cannot be met. 10 dB less stringent sound level limits Allows noise buffer balconies to eliminate points of reception 34 Receptor Based Mitigation Ministry generally prefers at-source noise controls Enclosed noise buffer balconies 35

Emergency Maintenance Equipment 5 dB less stringent sound level limit & assessed separately Standby Emergency Generator Firewater pump 36 Issues and Unanswered Questions Obsolete guidelines referenced in current standards and by-laws Since by-laws are legislation, in many cases the old guidelines still apply

Vacant lot noise control implementation Building Permit Noise study and responsibility for controls? Designation of Class 4 areas Can a resident appeal a Municipalitys decision to the OMB? Cumulative? 37 NPC-300 38

39 40 Hope you enjoyed: NPC-300? Nicholas SylvestreWilliams [email protected] m (416) 249-3361 ext. 226

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