1. NPC-300 : How’s 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

2. 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 Nicholas Sylvestre-Williams is a Professional Engineer & Designated Consulting Engineer with twelve years of experience in the field of Acoustics, Noise and Vibration

3. Outline
Regulatory Framework
NPC History
Breakdown of NPC-300
Current Issues

4. Sound is me cutting my lawn Noise is my neighbour cutting his lawn
Music is my neighbour cutting my lawn 4

5. Regulatory Framework

6. 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;
This dates back to 1971

7. 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.

8. 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)
Announced in 1974.
First issued March 1975
Revised in 1976
Finalized in August 1978

9. 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.

10. 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)

11. The 2000s
The Acoustic Assessment Report

12. Land Use Environmental Planning Approvals
Why Update?
Land Use Environmental
Planning Approvals

13. 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.

14. Bringing Planning and Permitting together
NPC “Sound Level Limits for Stationary Sources in Class 1 & 2 Areas (Urban)”, dated Oct ‘95.
NPC-232 – “Sound Level Limits for Stationary Sources in Class 3 Areas (Rural)”, dated Oct ‘95.
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

15. 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

16. RFP for update to NPC documents released November 2010
History of NPC - 300
Date
Release
January 2009
RFP for update to NPC documents released
November 2010
1st Draft issued
April 2011
2nd Draft issued
October 2013
Final Version released, dated Aug. 2013
2014(ish) &
2015…
Updated to provide clarifications….
MOECC to introduce FAQ on NPC-300
You can’t know where you’re going until you know where you’ve been.
AARs came out in early/mid 2000s, around 04. By 06, fully established.
Awma nuisances conference in Toronto at Renaissance Hotel in 2007 that really established it clearly. Audits too.

17. NPC-300 – A Breakdown

18. NPC-300 – A Breakdown
7 Pages

19. NPC-300 – A Breakdown
25 Pages

20. NPC-300 – A Breakdown
Same Tables

21. NPC-300

22. Unclear; Should meet ECA condition (but experience varies) Complaint
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
Audit
Unclear; Should meet ECA condition
(but experience varies)
Complaint
Non-compliant w/ NPC-300
Noise Abatement Action Plan necessary

23. 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.

24. 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 Race tracks
Firearm Ranges Pits & Quarries (MNR)
Farming equipment 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

25. 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)
New guidelines introduced two new concepts: noise sensitive institutional purpose and commercial purpose buildings
Plane of windows of general office buildings are not considered noise sensitive
No outdoor receptors with either of these – new from NPC-300
Patient care rooms are not “dwellings” and therefore just because they’re on same property, doesn’t mean they’re excluded.

26. “…having regard for the existing zoning by-law,
Vacant Lot
“…having regard for the existing zoning by-law,
the typical building pattern in the area and an
appropriate or likely future use”
A land-owner, therefore, could theoretically call in a noise complaint before actually building a house.
Now, each municipality can handle this how they want, but if it was me, I would wait until the land-owner made some serious intention to build a dwelling, such as a building permit application.
However, in cases where you need to assess the noise impact on a vacant lot where the location of the dwelling isn’t yet planned, where should you assess the noise?
NPC-300 has a very clear description of where to assess the noise:
-height of 4.5 m
-If lot is smaller than 1 hectare, assess in the centre of the vacant lot
-If lot is bigger than 1 hectare, as in the one shown, you should choose a 1 hectare area “having regard for the existing zoning by-law, the typical building pattern in the area and an appropriate or likely future use”
NOTE: if the lot is not accessible by either road or waterway, it’s termed an “inaccessible vacant lot” and it can’t be considered a point of reception

27. 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
Places of worship located on commercially or industrially zoned lands are no longer considered sound-sensitive points of reception in NPC-300, which represents a relaxation compared to the old guidelines. (residential and institutional lands are PORs)
Define inoperable windows
– must have acoustical properties to meet an appropriate indoor sound level
This is a “receptor based mitigation” example
-Not applicable to residential high-rises / condo buildings.
Enclosed noise buffer will be discussed later

28. 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
One Hour LEQ (dBA)
Time of Day
Class 1 Area
Class 2 Area
Class 3 Area
Class 4 Area 50 45
55(60)
45(50) 40 * 55
The numbers in brackets represent the sound level limits for outdoor areas. As you’ll note, the only difference between Class 1 and Class 2 areas is the outdoor evening limit.
In the new NPC-300, the Class 2 evening limit was chosen as the less stringent from the old guidelines
No outdoor limits at night.
Generally speaking, however, the limit is the ambient background sound level in the area (segway to next slide)

29. 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
NPC-300 Impulsive noise limits are changed for less frequent occurrences of impulses; it’s a new graduated system
Old guidelines used to define infrequent as less than 20 impulses in under 2 hours
100 dBAI was overly relaxed
New limits are more stringent; this means that existing industries could potentially become non-compliant with the new NPC-300 guidelines even though they were fine before.

30. Impulsive Noise Limits
Minimum Exclusion Limits for LLM by Time of Day (Outdoor)
Time of Day
Number of
Impulses /hour
Class 1 Area
Class 2 Area
Class 3 Area
Class 4 Area
9 or more 50 45 55
7 to 8 60
5 to 6 65 4 70 3 75 2 80 1 85
Just give general idea of how limits gets more stringent as the number per hour goes up and they change with Class and time of day.
No outdoor limits at night.
Daytime window levels: same
Nighttime window levels: 5 dB quieter
Describe photo, loud impulse noises from steel tube drops

31. The new NPC-300 deliberately keeps this subjective Ministry:
Tonality
The new NPC-300 deliberately keeps this subjective
Ministry:
“If you can hum, whistle or sing
the noise, then it’s tonal.
It has to grab your ear.”
During any noise measurements, the guidelines recommend a 5 dB penalty if you can hear a tonal character to the sound, meaning instead of being a broadband noise like a diesel engine or an airplane, the noise has distinct tones.
Difficult to determine quantitatively, even though other jurisdictions have tried (like Quebec, some countries in Europe and I think Alberta), it doesn’t always work out too well.
The Ministry deliberately leaves the determination of tonality up to the engineer. At a recent talk I attended, they stated that if you can hum, whistle or sing the noise, then it’s tonal.

32. Infrequent Activities
NPC-300 excludes activities considered “infrequent”
Considered frequent if:
Occurs 1 time per month and lasts for 30 minutes or less.
Infrequent activities have always been an ambiguous topic, but the new guidelines have a specific definition.
Examples:
Impulse once per month: infrequent
Rock drills that come for 4-5 days in June each year: frequent (ie. More than twice in a month)
Monthly generator testing for less than 30 minutes: infrequent

33. Minimum surface density of 20 kg/m2 (unchanged)
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
Barriers can essentially be thinner and less heavy, so long as they still meet the sound level limits.

34. Municipality may choose to designate an area “Class 4” Only intended:
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
As mentioned before, the LU-131 allowed for 5 dB grace that often caused situations where a newly approved residential development would place an existing industry that had been there for years, out of compliance.
Instead of a Municipality granting the old 5 dB allowance, there is now an option for a Municipality to designate a land as a Class 4 area.
This allows municipalities to choose to promote urban intensification near industrial areas according to their official plans.
Great for transitional areas, where the industries may not be around for the long term anyway
Once designated, the area would stay Class 4 until all the industries are gone and the zoning for the lands they were on is changed
I expect Municipalities to use this very rarely, it’s one of those things that seems alright in theory but has a lot of practical risks and issues

35. Receptor Based Mitigation
Ministry generally prefers at-source noise controls
Enclosed noise buffer balconies
It’s the Ministry’s policy to favour noise mitigation at the source.
In NPC-300, certain receptor-based noise controls are promoted
Ie. Inoperable fixed windows, enclosed noise buffer balconies
Enclosed Noise Buffer Balconies:
-Common in Europe
-Protects windows of noise sensitive spaces
-Only applicable to high-rise multi-unit buildings in Class 4 areas
-between 1 and 2 m in depth
-fully enclosed floor to ceiling parapet/glazing
-glazing can be operable within the limits of the OBC
-Unlike fixed/inoperable windows, these can be used on residential high-rises.

36. Emergency Maintenance Equipment
5 dB less stringent sound level limit & assessed separately
Standby Emergency Generator
Firewater pump
Emergency equipment that is commonly tested infrequently for maintenance purposes has more relaxed limits
The sound level limit is 5 dB less stringent, even if the limit was determined by the background ambient levels.
Assessed separately can mean much more relaxed noise controls for sites where he generator was by far the dominant noise source.

37. 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 Municipality’s decision to the OMB?
Cumulative?
The Ministry has indicated for environmental approvals, sites that have a current approval won’t have the new NPC-300 guidelines retro-actively applied unless an amendment is required.
Self-assessment: hospital/patient rooms are not the same thing as dwelling, therefore these ARE considered receptors
Increased risk:
The majority of the new NPC-300 is generally less stringent than the older guidelines. This is well-received by developers and industries alike, but is it in the best interests of the people living in the future noise sensitive developments?
The new NPC-300 may lead to more noise complaints near approved noise sources, but only time will tell.
There have been cases in the past where an operators of a noise source has been within the NPC sound level limits but was judged to have been causing an adverse impact from the noise emissions.
Conclude that for the most part NPC-300 is a POSITIVE thing that harmonized several different conflicting documents and clarified many issues effectively.

38. NPC-300

41. Hope you enjoyed: NPC-300? Nicholas Sylvestre-Williams
(416) ext. 226