N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.8

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-2.8 - Exhibit 7: Noise and Vibration

Exhibit 7 shall contain:

(a) A study of the noise impacts of the construction and operation of the facility. The name(s) of the preparer(s) of the study and qualifications to perform such analyses shall be stated. If the study is prepared by certified member(s) of a relevant professional society or state, the details of such certification(s) shall be stated.

(b) Design Goals: The study shall demonstrate that noise levels from noise sources at the facility will comply with the following:

(1) For wind facilities:

(i) A maximum noise limit of forty-five (45) dBA Leq (8-hour), at the outside of any existing non-participating residence, and fifty-five (55) dBA Leq (8-hour) at the outside of any existing participating residence;

(ii) Prominent tones are defined by using the constant level differences listed under ANSI/ASA S12.9-2005/Part 4 Annex C (sounds with tonal content) (see section 1100-15.1(a)(1)(iii) of this Part), at the outside of any existing non- participating residence. Should a prominent tone occur, the broadband overall (dBA) noise level at the evaluated non-participating position shall be increased by 5 dBA for evaluation of compliance with subparagraphs (i) and (v) of this paragraph;

(iii) A maximum noise limit of sixty-five (65) dB Leq- (1-hour) at the full octave frequency bands of sixteen (16), thirty-one and a half (31.5), and sixty-three (63) Hertz (Hz) outside of any existing non-participating residence in accordance with Annex D of ANSI/ASA standard S12.9-2005/Part 4 Section D.2.(1) (Analysis of sounds with strong low-frequency content) (see section 1100-15.1(a)(1)(iii) of this Part);

(iv) Not producing human perceptible vibrations inside any existing non-participating residence that exceed the limits for residential use recommended in ANSI/ASA Standard S2.71-1983 "Guide to the evaluation of human exposure to vibration in buildings" (see section 1100-15.1(a)(1)(i) of this Part);

(v) A maximum noise limit of forty (40) dBA Leq (1-hour) at the outside of any existing nonparticipating residence from the collector substation equipment; and

(vi) A maximum noise limit of fifty-five (55) dBA Leq (8-hour), short-term equivalent continuous average nighttime sound level from the facility across any portion of a nonparticipating property except for portions delineated as NYS-regulated wetlands pursuant to section 1100-1.3(e) of this Part and utility ROW. The applicant shall demonstrate compliance with this design goal through the filing of noise contour drawings and sound levels evaluated at the worst-case discrete locations. No penalties for prominent tones will be added in this assessment.

(2) For solar facilities:

(ii) A maximum noise limit of forty (40) dBA Leq (1-hour) at the outside of any existing nonparticipating residence from the collector substation equipment;

(iii) Prominent tones are as defined by using the constant level differences listed under ANSI/ASA S12.9-2005/Part 4 Annex C (sounds with tonal content) (see section 1100-15.1(a)(1)(iii) of this Part), at the outside of any existing non- participating residence. Should a prominent tone occur, the broadband overall (dBA) noise level at the evaluated non-participating position shall be increased by 5 dBA for evaluation of compliance with subparagraphs (i) and (ii) of this paragraph; and

(iv) A maximum noise limit of fifty-five (55) dBA Leq (8-hour), short-term equivalent continuous average sound level from the facility across any portion of a non-participating property except for portions delineated as NYS-regulated wetlands pursuant to section 1100-1.3(e) of this Part and utility ROW to be demonstrated with modeled sound contours drawings and discrete sound levels at worst-case locations. No penalties for prominent tones will be added in this assessment.

(c) Radius of Evaluation: Evaluation of the maximum noise levels to be produced during operation of the facility shall be conducted on a cumulative (if any) and non-cumulative basis for all sensitive receptors within the sound study area, defined as follows:

(1) For wind facilities, the evaluation shall include, at a minimum, all sensitive receptors in a one (1)-mile radius from any wind turbine or substation proposed for the facility. For the cumulative noise analysis, the evaluation shall include noise from any wind turbine and substation existing and proposed by the time of filing the application and any existing sensitive receptor within a two (2)-mile radius from any wind turbine or substation proposed for the facility.

(2) For solar facilities, the evaluation shall include, at a minimum, all sensitive receptors within a one thousand five hundred (1,500) foot radius from any noise source (e.g., substation transformer(s), medium to low voltage transformers, inverters, energy storage) proposed for the facility or within the thirty (30) dBA noise contour, whichever is greater. For the cumulative noise analysis, the evaluation shall include noise from any solar facility and substation existing and proposed by the time of filing the application and any existing sensitive receptors within a three thousand (3,000)- foot radius from any noise source proposed for the facility or within the thirty (30) dBA cumulative noise contour, whichever is greater.

(d) Modeling standards, input parameters, and assumptions:

(1) For both wind and solar facilities, the evaluation shall use computer noise modeling software that follows the ANSI/ASA S12.62-2012/ISO 9613-2:1996 (MOD) (see section 1100-15.1(a)(1)(v) of this Part) or the ISO-9613-2:1996 propagation standards (see section 1100-15.1(g)(1)(i) of this Part) with no meteorological correction (Cmet) added. The model shall:

(i) Set all noise sources operating simultaneously at maximum sound power levels;

(ii) Use a ground absorption factor of no more than G=0.5 for lands and G=0 for water bodies;

(iii) Use a temperature of ten (10) degrees Celsius and seventy (70) percent relative humidity;

(iv) Report, at a minimum, the maximum A-weighted dBA Leq (1-hour or 8-hour) sound pressure levels in a year, and the maximum linear/unweighted/Z dB (Leq 1-hour) sound pressure levels in a year from the thirty-one and a half (31.5) Hz up to the eight thousand (8,000) Hz full-octave band, at all sensitive sound receptors within the radius of evaluation;

(v) Report the maximum A-weighted dBA Leq sound pressure levels in a year (Leq (8-hour)) at the most critically impacted external property boundary lines of the facility site (e.g., non-participating boundary lines);

(vi) Report the information in tabular and spreadsheet compatible format as specified herein and in subdivisions (f)(3) and (q)(2) of this section. A summary of the number of receptors exposed to sound levels greater than thirty-five (35) dBA will also be reported in tabular format grouped in one (1)-dB bins; and

(vii) Report noise impacts with sound level contours (specified in subdivision (k) of this section) on the map described in subdivision (h) of this section.

(2) For wind facilities, the model shall:

(i) Be performed at a minimum for the turbine model with the highest broadband A-weighted apparent sound power level at any wind speed condition;

(ii) Use a one and a half (1.5) meter assessment point above the ground and the addition of a minimum uncertainty factor of two (2) dBA, or a four (4) meter assessment point above the ground and the addition of an uncertainty factor of zero (0) dBA or greater.

(3) For solar facilities, the model shall use a one and a half (1.5) meter assessment point above the ground and the addition of an uncertainty factor of zero (0) dBA or greater.

(e) Evaluation of prominent tones for the design:

(1) For wind and solar facility noise sources: The evaluation shall be conducted by using manufacturer sound information, the ANSI/ASA S12.62-2012/ISO 9613-2:1996 (MOD) (see section 1100-15.1(a)(1)(v) of this Part) or the ISO 9613-2:1996 propagation standard (see section 1100-15.1(g)(1)(i) of this Part) attenuations (Adiv, Aatm, Agr, and Abar), and the "prominent discrete tone" constant level differences (Kt) specified in ANSI/ASA S12.9-2013/Part 3 Annex B, Section B.1 (see section 1100-15.1(a)(1)(ii) of this Part), as follows: fifteen (15) dB in low-frequency one-third-octave bands (from twenty-five (25) up to one hundred twenty-five (125) Hz); eight (8) dB in middle-frequency one-third-octave bands (from one hundred sixty (160) up to four hundred (400) Hz); and five (5) dB in high-frequency one-third-octave bands (from five hundred (500) up to ten thousand (10,000) Hz).

(2) For substation transformers and other solar facility noise sources (such as inverters/medium to low voltage transformers) where no manufacturer's information or pre-construction field tests are available, the sounds will be assumed to be tonal and prominent.

(f) Evaluation of low frequency noise for wind facilities: If other wind turbines considered for the facility have lower (or equal) broadband A-weighted sound power levels than the turbine modeled in the application, but greater maximum un-weighted sound power levels at the thirty-one and a half (31.5) Hz, or sixty-three (63) Hz full-octave bands, the estimate of low frequency noise levels at the thirty-one and a half (31.5) Hz, or sixty-three (63) Hz bands can be based on:

(1) Computer noise modeling that uses the maximum sound power levels at the thirty-one and a half (31.5) and sixty-three (63) Hz frequency bands at any wind speed among all turbines considered for each turbine location.

(2) Alternatively, if the noise modeling uses only one (1) wind turbine model across the site and if noise reduction operations are not used in the design, the noise levels at the thirty-one and a half (31.5) and sixty-three (63)Hz full octave bands can be estimated by applying corrections to the low-frequency band sound pressure results from the computer noise modeling for the turbine with the maximum overall broadband sound power level. These corrections will be equivalent to the differences between the maximum sound power levels at the thirty-one and a half (31.5) and sixty-three (63) Hz bands at any wind speed for all turbines considered for the facility and the sound power levels for the turbine used for computer noise modeling at the thirty-one and a half (31.5) and sixty-three (63) Hz full-octave bands respectively.

(3) The maximum linear/unweighted/Z Leq (1-hour) sound pressure levels (dB) in a year at the sixteen (16), thirty-one and a half (31.5) and sixty-three (63) Hz full octave bands for all receptors within the radius of evaluation shall be reported in tabular and spreadsheet compatible format. A list of all sound sensitive receptors with sound pressure levels (SPLs) equal to or greater than sixty-five (65) dB at sixteen (16), thirty-one and a half (31.5) or sixty-three (63) Hz, shall be provided along with their SPLs. The number of receptors exceeding sixty (60) dB at sixteen (16), thirty-one and a half (31.5) or sixty-three (63) Hz shall also be reported, grouped in one (1)-dB bins.

(g) Evaluation of infrasound for wind facilities: Infrasound levels at the sixteen (16) Hz full-octave band can be based on computer noise modeling software with such capabilities or, by using extrapolated SPL data down to sixteen (16) Hz. The extrapolation estimates can be based on corrections applied to the sound pressure results at thirty-one and a half (31.5) Hz to obtain the sound pressure results at sixteen (16) Hz at each receptor as follows:

(1) If no information from the manufacturer is available for the sixteen (16) Hz full-octave frequency band for any turbine models considered for the facility, at a minimum four (4) dB shall be added to the SPLs at thirty-one and a half (31.5) Hz, to obtain SPLs at sixteen (16) Hz.

(2) If computer noise modeling uses only one (1) wind turbine model across the site, noise reduction operations are not used in the design, and the sound power levels at sixteen (16) Hz are available for all turbine models considered for the facility, the correction shall be equivalent to the difference between the highest manufacturer's sound power level at sixteen (16) Hz at any wind speed and the sound power level at thirty-one and a half (31.5) Hz used for computer noise modeling, and it shall be applied to the sound pressure results at thirty-one and a half (31.5) Hz to obtain the sound pressure results at sixteen (16) Hz.

(3) If computer noise modeling uses only one (1) wind turbine model across the site, noise reduction operations are not used in the design, and the sound power level information at sixteen (16) Hz is available for some but not all turbines considered for the facility, at a minimum four (4) dB, or the difference between the maximum sound power level at sixteen (16) Hz at any wind speed known for any turbines considered for the facility and the sound power level for the thirty-one and a half (31.5) Hz full-octave frequency band used for computer modeling, whichever is greater, shall be applied to the sound pressure results at thirty-one and a half (31.5) Hz to obtain the sound pressure results at sixteen (16) Hz.

(4) The procedures indicated above, do not restrict the applicant from using additional corrections that provide more conservative (i.e., higher) SPLs at the receptors than as obtained as indicated above.

(h) A map of the study area showing the location of sensitive sound receptors in relation to the facility (including any related substations), as follows.

(1) The sensitive sound receptors shown shall include all residences, outdoor public facilities and public areas, hospitals, schools, libraries, parks, camps, summer camps, places of worship, cemeteries, any historic resources listed or eligible for listing on the State or National Register of Historic Places, any public (federal, state and local) lands, cabins and hunting camps identified by property tax codes, and any other seasonal residences with septic systems/running water within the Sound Study Area.

(2) All residences shall be included as sensitive sound receptors regardless of participation in the facility (e.g., participating, potentially participating, and non-participating residences) or occupancy (e.g., year-round, seasonal use).

(3) Only properties that have a signed contract with the applicant prior to the date of filing the application shall be identified as "participating." Other properties may be designated either as "non-participating" or "potentially participating." Updates with ID-tax numbers may be filed after the application is filed.

(i) An evaluation of ambient pre-construction baseline noise conditions by using the L90 statistical and the Leq energy based noise descriptors, and by following the recommendations included in ANSI/ASA S3/SC 1.100-2014-ANSI/ASA S12.100-2014 American National Standard entitled Methods to Define and Measure the Residual Sound in Protected Natural and Quiet Residential Areas (see section 1100-15.1(a)(1)(iv) of this Part). Sound surveys shall be conducted for, at a minimum, a seven (7) day-long period for wind facilities and a four (4) day-long period for solar facilities.

(j) An evaluation of future noise levels during construction of the facility including predicted A-weighted/dBA sound levels using computer noise modeling as follows:

(1) The model shall use the ANSI/ASA S12.62-2012/ISO 9613-2:1996 (MOD) (see section 1100-15.1(a)(1)(v) of this Part) or the ISO-9613-2:1996 propagation standard (see section 1100-15.1(g)(1)(i) of this Part) for the main phases of construction, and from activities at any proposed batch plant area/laydown area;

(2) The model shall include, at a minimum, all noise sources and construction sites that may operate simultaneously to meet the proposed construction schedule for the most critical timeframes of each phase;

(3) For wind and solar facilities, the operational modeling requirements included in subdivisions (d)(1)(i) through (d)(1)(iii), and (d)(3) of this section shall be used for modeling of construction noise; and

(4) Sound impacts shall be reported with sound level contours (specified in subdivision (k) of this section) on the map described in subdivision (h) of this section and sound levels at the most critically impacted receptors in tabular format (as specified in subdivision (q)(2) of this section).

(k) Sound Levels in Graphical Format:

(1) The application shall include legible sound contours rendered above the map specified in subdivision (h) of this section.

(2) Sound contours shall include all sensitive sound receptors and boundary lines (differentiating participating and non-participating) and all noise sources (e.g., wind turbines for wind facilities, substation(s), transformers, HVAC equipment, energy storage systems and emergency generators for wind and solar facilities; and inverters and medium to low voltage transformers for solar).

(3) Sound contours shall be rendered at a minimum, until the thirty (30) dBA noise contour is reached, in one (1)-dBA steps, with sound contours multiples of five (5) dBA differentiated.

(4) Full-size hard copy maps (22" x 34") in 1:12,000 scale shall be submitted.

(l) A tabular comparison between maximum sound impacts and any design goals, noise limits, and local requirements for the facility, and the degree of compliance at all sensitive sound receptors and at the most impacted non-participating boundary lines within the facility site.

(m) An evaluation as to whether any of the following potential community noise impacts will occur:

(1) Hearing loss for the public, as addressed by the World Health Organization (WHO) Guidelines for Community Noise published in 1999 (see section 1100-15.1(d)(1)(i) of this Part). The requirements for the public are not to exceed an average sound level of seventy (70) dBA from operation of the facility and one hundred twenty (120) dB-peak for children and one hundred forty (140) dB-peak for adults for impulsive sound levels (e.g., construction blasting).

(2) The potential for structural damage from some construction activities (e.g., blasting, pile driving, excavation, horizontal directional drilling or rock hammering, if any) to produce any cracks, settlements, or structural damage on any existing proximal buildings, including any residences, historical buildings, and public or private infrastructure.

(n) An identification and evaluation of reasonable noise abatement measures for construction activities.

(o) An identification and evaluation of noise abatement measures for the design and operation of the facility to comply with the design limits set forth in subdivision (b) of this section.

(1) For wind facilities:

(i) If noise reduction operations (NROs) are used to demonstrate conformance with any limit, or local law on noise in computer noise modeling or any filing, the design shall use less than half of the maximum NRO available for each turbine model. In this case, the application shall report both "unmitigated" and "mitigated" results.

(ii) If NROs are necessary for the design, those NROs shall be implemented at the start date of operations.

(2) For solar facilities: If noise mitigation measures are necessary for the design, those mitigation measures shall be implemented no later than the start date of operations.

(p) The software input parameters, assumptions, and associated data used for the computer modeling shall be provided as follows:

(1) GIS files used for the computer noise modeling, including noise source and receptor locations and heights, topography, final grading, boundary lines, and participatingstatus shall be delivered by digital means;

(2) Computer noise modeling files shall be submitted by digital/electronic means;

(3) Site plan and elevation details of substations, as related to the location of all relevant noise sources (e.g., transformers, emergency generator, HVAC equipment, and energy storage systems, if any); specifications, any identified mitigations, and appropriate clearances for sound walls, barriers, mufflers, silencers, and enclosures, if any.

(4) In addition, for wind facilities, the application shall contain sound information from the manufacturers for all wind turbines, transformers and any other relevant noise sources. Sound power levels from the turbines shall follow these provisions:

(i) Sound power levels from the turbines selected for the facility shall be documented with information from the manufacturer(s) following the International Electrotechnical Commission (IEC) 61400-11 standard (see section 1100-15.1(b)(1)(ii) of this Part) and IEC TS 61400-14 Technical Specification (see section 1100-15.1(b)(1)(iii) of this Part) to the extent this information is available.

(ii) Sound power level information shall be reported associated with wind speed magnitudes, and with angular speed of the rotor, and rated power to the extent this information is available. Turbine dimensions to include hub height and diameter of the rotor shall be reported.

(iii) The sound power level information shall include specifications for normal operation, noise reduced operations and low-noise or serrated trailing edges, or any other noise reduction measures, if these are available or required to meet the noise limits indicated in subdivision (b)(1) of this section.

(5) For solar facilities, the application shall contain:

(i) The locations of all noise sources (e.g., substation transformer(s), medium to low voltage transformers, inverters, energy storage system, HVAC equipment, emergency generators, if any) identified with GIS coordinates and GIS files.

(ii) Sound information from the manufacturers for all noise sources as listed above, and any other relevant noise sources.

(q) Miscellaneous:

(1) The application shall include a glossary of terminology, definitions, abbreviations and references mentioned in the application.

(2) Information shall be reported in tabular, spreadsheet compatible or graphical format as follows:

(i) Data reported in tabular format shall be clearly identified to include headers and summary footer rows. Headers shall include identification of the information contained on each column, such as noise descriptors (e.g., Leq, L90, etc.); weighting (dBA, linear, dB, dBZ) duration of evaluation (e.g., 1-hour, 8-hour), time of the day (day time, nighttime); whether the value is a maximum or average value and the corresponding time frame of evaluation (e.g., maximum 8-h-Leq-nighttime in a year, etc.);

(ii) Titles shall identify whether the tabular or graphical information correspond to the "unmitigated" or "mitigated" results, if any mitigation measures are evaluated, and "cumulative" or "non-cumulative" for cumulative noise assessments;

(iii) Columns or rows with results related to a specific design goal, noise limit or local requirement, shall identify the requirement to which the information relates;

(iv) Tables shall be sorted by sound impacts or rows at the bottom summarizing the results to report maximum and minimum values of the information contained in the columns. For this purpose, sound receptors shall be separated in different tables according to their use (e.g., participating residences, non-participating residences, nonparticipating boundary lines, schools, parks, cemeteries, historic places, etc.); and

(v) The application shall report estimates of the absolute number of sensitive sound receptors that will be exposed to noise levels that exceed any design goal or noise limit (in total as well as grouped in one (1)-dB bins).

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-2.8

Transferred from 900-2.8 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024