Requirements for Noise Emissions

Requirements under the regulation

O. Reg. 1/17 sets out requirements that must be met related to the discharge of sound. A noise report must be completed prior to registration.

Noise report requirements

The contents of the noise report will vary depending upon which criterion, further described below, is met. Each criterion requires an evaluation based on the points of noise reception outlined in the O. Reg. 1/17 and Chapter 3 of the EASR publication. Some of the criteria require consideration of affected points of noise reception.

Evaluation of the affected points of noise reception assists in limiting the number of points of noise reception that must be considered in an assessment of the sound discharged from a facility. Section 3 of Chapter 3 of the EASR publication sets out how affected points of noise reception may be identified.

A point of noise reception is only a point of noise reception if it is a point at which sound discharged into the air from a source of sound at the facility is received and it is located on a property that contains one or more of the following:

1. A building or structure that contains one or more dwellings.
2. A building used for a commercial purpose that includes one or more habitable rooms used as sleeping facilities, such as a hotel or motel.
3. A building used for an institutional purpose, including an educational facility, a child care centre, a hospital, a health care facility, a shelter for emergency housing, a community centre or a detention centre.
4. A building used for a place of worship, other than a place of worship located on land that is zoned for commercial or industrial use.
5. A location on a vacant lot, other than an inaccessible vacant lot, that has been zoned to permit a building mentioned in paragraph 1, 2, 3 or 4.
6. A portion of a property that is used as a campsite or campground at which overnight accommodation is provided by or on behalf of a public agency or as part of a commercial operation.

A point located on a property on which a building that contains only one dwelling is located is not a point of noise reception if the building is located on the same property as the source of sound, owned by the same owner, and not rented to a third party.

A point of noise reception may be considered not to be an affected point of noise reception if:

1. The distance from the source of sound to the point of noise reception is greater than or equal to the minimum separation distance determined using the Primary Noise Screening Method.
2. The point is one of several points in close proximity and one of the other points is an assessed point of noise reception that represents the sound level at the point.
3. The background sound level at the point of noise reception is high relative to the sources of sound being assessed.
4. Having regard to the class of the area in which the point of noise reception is located, the sound level at the point of noise reception is less than the sound level limits that would apply at the point of noise reception in accordance with sections 6 and 7 of Chapter 3 of the EASR publication.

If there is a point of noise reception in a cardinal direction, there must be at least one assessed point of noise reception in that direction, which is the closest to the noise source.

One of the following criteria must be used to satisfy the noise report requirements outlined in O. Reg. 1/17:

1. Noise setback
2. Primary Noise Screening Method
3. Secondary Noise Screening Method
4. Acoustic assessment
5. Noise Abatement Action Plan (NAAP)

All noise reports, regardless of which criterion is met, must:

• be dated, signed and sealed by a LEP. The LEP’s licence number must be clearly shown.
• be accurate as of the date it is signed and sealed.
• contain a statement by the LEP signing the report, that based on the information provided to the LEP, the information in the report is accurate as of the date it is signed and sealed.
• identify the primary NAICS code for the facility and any other applicable NAICS codes related to the facility.
• state the legal name of each owner of the facility and the name under which each owner carries on business, if it is not the owner’s legal name.
• identify the legal name of each person who operates the facility if the person who operates the facility is not an owner, and the name under which each operator carries on business, it if is not the operator’s legal name.
• identify the site’s address.
• contain a statement by the LEP signing the report that one of the following criteria is met:
  1. The distance between the facility and the property boundary of the closest point of noise reception is equal to or greater than 1000 metres.
  2. The actual separation distance from the facility to the closest point of reception is equal to or greater than the minimum separation distance, as determined by using the Primary Noise Screening Method.
  3. The combined sound level resulting from sound discharged from the facility at each affected point of noise reception, as determined using the Secondary Noise Screening Method, is less than or equal to the applicable sound level limit identified in Chapter 3 of the EASR publication.
  4. The combined sound level resulting from sound discharged from the facility at each affected point of noise reception, as determined using an acoustic assessment, is less than or equal to the applicable sound level limit identified in Chapter 3 of the EASR publication.
  5. A NAAP is included in the noise report. This criterion applies only in respect of a facility that commenced operation before the day this regulation came into force and at which, as of the day the first registration in respect of the facility is filed in the registry, the combined sound level resulting from sound discharged from the facility at an affected point of noise reception, as determined using an acoustic assessment, is greater than the applicable sound level limit set out in Chapter 3 of the EASR publication.

The additional noise report requirements specific to each criterion mentioned above are described below.

Criterion i – Noise setback

If the distance between the facility and the property boundary of the closest point of noise reception is equal to or greater than 1000 metres, the setback distance can be used to satisfy the noise report requirements set out in the air emissions EASR regulation. The regulation stipulates how to measure the distance between the facility and the property boundary of the closest point of noise reception.

The distance between the facility and the property boundary of the closest point of noise reception must be equal to or greater than 1000 metres to meet the noise setback criterion.

The distance between a facility and the property boundary of a point of reception shall be measured from Point A to Point B in accordance with the following and is demonstrated in Figure 1.

Point A is either:

• The point that is located on the exterior wall of a building at the facility and that is closest to the property boundary of the point of noise reception, or
• If there is an outdoor source of sound located closer to the property boundary of the point of noise reception than the point mentioned above, the point that is located on the edge of the outdoor source of sound and that is closest to the property boundary of the point of noise reception.

Point B is the point that is located on the property boundary of the point of noise reception and that is closest to Point A.

The noise report must contain a drawing, made to scale, that shows Points A and B as described.

Criterion ii - Primary Noise Screening Method

If the setback distance is not met, the Primary Noise Screening Method can be used to determine if the actual separation distance from the facility to the closest point of noise reception is equal to or greater than the minimum separation distance.

The Primary Noise Screening Method Guide provides instructions on how to complete the Primary Noise Screening Method form. Every time this method is used, the form should be downloaded from the Central Forms Repository to ensure the latest version is used.

If the LEP confirms that the Primary Noise Screening Method was used for the purposes of satisfying the noise report requirements set out in the air emissions EASR regulation, the noise report must also contain the following:

• A statement from the LEP confirming that the actual separation distance from the facility to the closest point of noise reception is equal to or greater than the minimum separation distance, as determined by using the Primary Noise Screening Method.
• A confirmation from the LEP that the comparison of the actual separation distance and the minimum separation distance was performed in accordance with the Primary Noise Screening Method.
• A copy of all of the information used for the Primary Noise Screening Method and the results it generated. This can be provided by including the completed Primary Noise Screening Method form, including all inputs and appendices required by the form.

Criterion iii - Secondary Noise Screening Method

If the noise setback or actual separation distance determined in accordance with the Primary Noise Screening Method does not satisfy the noise report requirements, then the Secondary Noise Screening method can be used to determine if the method is adequate to assess noise emissions for the purposes of the noise report. The Secondary Noise Screening Method is used to determine whether the combined sound level resulting from sound discharged from the facility at each affected point of noise reception is less than or equal to the applicable sound level limit set out in Chapter 3 of the EASR publication.

The Secondary Noise Screening Method Guide provides instructions on how to complete the Secondary Noise Screening Method form. Every time this method is used, the form should be downloaded from the Central Forms Repository to ensure the latest version is used.

If the LEP confirms that the Secondary Noise Screening Method was used for the purposes of satisfying the noise report requirements set out in the air emissions EASR regulation, the noise report must also contain the following:

• A statement from the LEP confirming that the combined sound level resulting from sound discharged from the facility at each affected point of noise reception, as determined using the Secondary Noise Screening Method, is less than or equal to the applicable sound level limit set out in Chapter 3 of the EASR publication.
• Confirmation from the LEP that the combined sound levels were determined using the Secondary Noise Screening Method.
• Confirmation from the LEP that the affected points of noise reception were determined in accordance with the Secondary Noise Screening Method.
• A statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the LEP in order to prepare the noise report was complete and accurate.
• A description of any acoustical barrier used or proposed to be used with respect to each source of sound.
• A description of the operational parameters that were determined for the purpose of the noise report, including:
  • the facility’s maximum rates of production, process limits and performance limits,
  • parameters relating to equipment and infrastructure at the facility,
  • the time of day a source of sound is operating or is proposed to be operating,
  • the duration of time a source of sound is operating or is proposed to be operating
  • whether the sound is tonal or non-tonal
• A description of the operating and maintenance procedures required to ensure that the facility is operating within the operational parameters in the noise report;
• A copy of all of the information used for the Secondary Noise Screening Method, and the results it generated. This can be provided by including a copy of the completed Secondary Noise Screening Method form, including all inputs and appendices required by the form.

The following is an example of things that could be included in the statement from the LEP related to the operational parameters:

• Stating that the facility needs to operate with the doors and windows closed;
• The facility must not operate between 11:00 p.m. and 7:00 a.m.
• Limiting shipping and receiving between 7:00 a.m. and 7:00 p.m.

The LEP may request the following from the person engaging in the activity, amongst other things, in order to prepare the noise reports:

• equipment specifications and manufacturers operating instructions
• existing site plan for the facility
• plant layout drawings

The person engaging in the activity is required to provide a statement confirming that all the information given to the LEP to prepare the report was complete and accurate.

Criteria iv – Acoustic assessment

If the noise setback, Primary Noise Screening Method, or Secondary Noise Screening Method does not satisfy the noise report requirements, then an acoustic assessment can be used to determine if the combined sound levels resulting from the discharge of sound from the facility at each affected point of noise reception are equal to or below the sound level limits in Chapter 3 of the EASR publication. The acoustic assessment is a detailed assessment of sound discharged into the air from sources of sound at a facility that assesses the predictable worst case sound levels at affected points of noise reception using calculations or measurements capable of accurately determining sound levels at points of noise reception. It is not necessary to complete the noise setback assessment, Primary Noise Screening Method, or Secondary Noise Screening Method before completing an acoustic assessment.

Acoustic assessments to satisfy O. Reg. 1/17 compliance requirements, can be done as either:

1. a cumulative assessment of the noise emissions from the proposed equipment (such as a Combined Heat and Power (CHP) system) and the existing host facility equipment. The overall noise emissions must demonstrate compliance with the applicable noise limits. If an exceedance is identified, then noise control measures must be recommended (for the CHP system and/or for the host facility) to ensure compliance with the applicable noise limits.
2. an assessment of the noise emissions from the proposed equipment only. The noise emissions from the proposed equipment must be a minimum of 10 dBA below the applicable noise limits at the closest noise sensitive point of reception (50 dBA day and 45 dBA night for urban and semi-urban areas, and 45 dBA day and 40 dBA night for rural areas, or the prevalent background sound levels, whichever is higher). Noise control measures for the proposed equipment may be required to ensure that its noise emissions are a minimum of 10 dBA below the applicable noise at the closest noise sensitive point of reception.

Chapter 3 of the EASR publication sets out additional information that must be included in a noise report that indicates an acoustic assessment was conducted. If the LEP confirms that an acoustic assessment was used for the purposes of satisfying the noise report requirements set out in the Air Emissions EASR regulation, the noise report must also contain the following:

• A statement from the LEP confirming that affected points of noise reception were determined in accordance with Chapter 3 of the EASR publication.
• A statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the LEP in order to prepare the noise report was complete and accurate.
• A description of each noise control measure or procedure used with respect to a source of sound in order to ensure that the sound level at each affected point of noise reception does not exceed the applicable sound level limits identified in Chapter 3 of the EASR publication.
• A description of the methods and procedures that were employed in preparing the report to ensure minimization of error and omissions.
• The information required under Chapter 3 of the EASR publication, including the Acoustic Assessment Summary Table required under that Chapter.
• A description of the operational parameters that were determined for the purpose of the noise report, including:
  • the facility’s maximum rates of production, process limits and performance limits
  • parameters relating to equipment and infrastructure at the facility
  • the time of day a source of sound is operating or is proposed to be operating
  • the duration of time a source of sound is operating or is proposed to be operating
  • whether the sound is tonal or non-tonal
• A description of the operating and maintenance procedures required to ensure that the facility is operating within the operational parameters in the noise report.

The following is an example of things that could be included in the statement from the LEP related to the operational parameters:

• stating that the facility needs to operate with the doors and windows closed
• the facility must not operate between 7:00 p.m. and 7:00 a.m.
• limiting shipping and receiving between 7:00 a.m. and 5:00 p.m.
• refrigerated trucks are not permitted to idle

The LEP may request the following from the person engaging in the activity, amongst other things, in order to prepare the noise reports:

• equipment specifications and manufacturers operating instructions
• existing site plan for the facility
• plant layout drawings

The person engaging in the activity is required to provide a statement confirming that all the information given to the LEP to prepare the report was complete and accurate.

At the time of registration, if an acoustic assessment has been conducted, the Acoustic Assessment Summary Table will be required to be submitted electronically to the ministry. The ministry has made available a template for the Acoustic Assessment Summary Table that meets the requirements in the EASR publication and the regulation.

Criteria v – Noise Abatement Action Plan

A NAAP may only be included in the noise report for a facility that commenced operation before January 31, 2017 and as of the day the first registration in respect of the facility is made in the EASR, the combined sound level resulting from sound discharged from the facility at an affected point of reception, as determined using an acoustic assessment, is greater than the applicable sound level limit set out in Chapter 3 of the EASR publication. New facilities (such as facilities that commenced operating on or after January 31, 2017) and those that met the applicable sound level limits when first registered and are planning modifications that may affect sound levels, must be designed so that the applicable sound level limits in Chapter 3 of the EASR publication are not exceeded. This could include, but is not limited to, noise control measures such as acoustic barriers, mufflers, and enclosures. Typically, facilities that require a NAAP are those in Class 4 areas, as described in Chapter 3 of the EASR publication, due to development encroachment on industrial zoned areas.

Existing facilities with a NAAP must state all noise control measures and timelines for implementation when preparing the required reports prior to a modification.

If the LEP confirms that a NAAP is included in the noise report, the noise report must contain the following:

• A statement from the LEP confirming that affected points of noise reception were determined in accordance with Chapter 3 of the EASR publication.
• A statement signed by the person engaging in the prescribed activity confirming that all information the person gave to the LEP in order to prepare the noise report was complete and accurate.
• A description of each noise control measure or procedure used with respect to a source of sound.
• A description of the methods and procedures that were employed in preparing the report to ensure minimization of error and omissions.
• The information required under Chapter 3 of the EASR publication, including the Acoustic Assessment Summary Table required under that Chapter.
• A description of the operational parameters that were determined for the purpose of the noise report, including:
  • the facility’s maximum rates of production, process limits and performance limits
  • parameters relating to equipment and infrastructure at the facility
  • the time of day a source of sound is operating or is proposed to be operating
  • the duration of time a source of sound is operating or is proposed to be operating
  • whether the sound is tonal or non-tonal
• A description of the operating and maintenance procedures required to ensure that the facility is operating within the operational parameters in the noise report.
• A NAAP that describes the measures and procedures required to be implemented to prevent or minimize the sound discharged from the facility in order to ensure that the sound level at each affected point of noise reception does not exceed the applicable sound level limits set out in Chapter 3 of the EASR publication.
• A schedule for implementing the noise control measures and procedures described in paragraph 6, including specific dates by which they will be implemented.

It is recommended that the person engaging in the activity will include in their statement required within the report, a commitment to install acoustic barriers or other required noise control measures as outlined in the plan, including a schedule for implementation.

Operational requirements for noise emissions

The person engaging in the prescribed activities must ensure that the facility is operating within the operational parameters, if any, set out in the noise report. If a NAAP is included in the noise report, the NAAP must be implemented in accordance with its contents. If there is a conflict between the NAAP and the noise report, then the NAAP should be followed.

If there is not a NAAP in place, the person engaging in the prescribed activities must ensure that the noise control measures and procedures, if any, identified in the noise report are implemented. This includes the requirements outlined in the statements from the LEP regarding operational and maintenance procedures outlined in the noise report, including hours of operation, etc.

Combined sound level (section 16 (5))

The person engaging in the activity shall ensure that the combined sound level resulting from the sound discharged from the facility does not exceed the applicable sound level limit identified in Chapter 3 of the EASR publication at each affected point of noise reception. However, this requirement does not apply if a NAAP is being implemented at the facility.

Source of sound record (section 16 (7))

Each record described in Chapter 3 of the EASR publication in respect of a source of sound must be prepared and retained at the facility for the period identified in that Chapter, or if no retention period is identified in that Chapter, for 20 years after its creation.

Director notices

The Director may give notice to submit an acoustic audit report. The reports must be prepared by the date specified in the notice and follow the requirements of those reports as stated in the air emissions EASR regulation.

Acoustic audit report

An acoustic audit report is a report that documents the verification of the sound level at one or more points of noise reception by means of measurement or predictive methods. The acoustic audit report is only required to be submitted to the Director if the Director gives written notice to a person who engages in an activity prescribed by O. Reg. 1/17. An acoustic audit means the verification of the sound level at one or more points of noise reception by:

1. Measuring the sound level at the point of noise reception
2. If it is not possible to measure the sound level at the point of noise reception, measuring the sound level at a point near to the point of noise reception and predicting the sound level at the point of noise reception.

The following are the requirements for the acoustic audit report:

• The acoustic audit report must be dated, signed, and sealed by a LEP. The LEP’s licence number must be clearly shown.
• The report must identify the primary NAICS code for the facility and any other applicable NAICS codes related to the facility.
• It must summarize the results of an audit conducted in accordance with the Director’s notice.
• The LEP who signs and seals the report must not be the same LEP who signed and sealed the most recent noise report.

The Director may request an acoustic audit report if:

• the most recent noise report confirms that either an acoustic assessment was used at the facility to determine the acceptable sound level limit
• a NAAP is included in the noise report
• the Director has reasonable grounds that:
  • the discharge may cause an adverse effect
  • the sound level resulting from the discharge at an affected point of noise reception is greater than the applicable sound level limit identified in Chapter 3 of the EASR publication.

Before the Director gives a person a notice to submit an acoustic audit report, the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 30 days after the draft is given.

The acoustic audit report shall be prepared in accordance with the Director’s notice and submitted no later than the date specified in the notice.

Modifications

Once the activities have been registered for the noise report, the following requirements must be met prior to any modifications to the prescribed activities that will affect discharge of sound from the facility:

• An updated noise report that reflects the proposed modifications and meets the requirements of the Air Emissions EASR regulation must be available at the facility, or
• An addendum to the most recent noise report provided by a LEP that provides an explanation why the LEP is of the opinion that the information in the most recent noise report will remain accurate after the modification is made.

In addition to the requirements for modifications described above, a new noise report must be prepared at least every ten years. This will ensure that the latest sound level limits as prescribed in the EASR publication are verified. It is also important to note that addendums are not adequate to fulfill the 10-year noise report requirement.

A description of each modification to the facility and the date the modification was made is required to be recorded and retained at the facility. This procedure is further described in the records section of O. Reg. 1/17 and this guide.