Changes to Alberta Utilities Commission (AUC) Rule 012: Noise Control

Wind and solar energy sectors are steadily growing in the province of Alberta as the traditional methods of electricity generation are slowly phased out to achieve lower GHG emission targets. As more renewable energy facilities are approved, this presents the opportunity for potential acoustical challenges as there is a greater likelihood for noise disturbance.

AUC and Rule 012: Noise Control

The Alberta Utilities Commission (AUC) operates as an independent judiciary responsible for the regulation of the utilities sector, natural gas and electricity markets. The AUC has developed a number of regulatory policies which are outlined as “Rules.” Related to noise disturbances, the AUC’s Rule 012: Noise Control document provides requirements for noise control associated with electric and gas pipeline facilities. The main purpose of this policy is to ensure that there are appropriate provisions undertaken prior to the application or construction of a new facility to address potential noise concerns as well as to address any noise complaints. As the landscape for the energy sector continues to evolve, the regulatory policies must be updated to reflect these changes. Over the last two years, the AUC had proposed several changes to Rule 012 and provided the opportunity for stakeholder engagement regarding these proposed changes. Following consultation, meetings and reviews, the revised Rule 012 is poised to become effective after September 30, 2024 (this only applies to facility applications and noise complaints filed after the effective date).

New Changes and Updates to Rule 012: Noise Control

The following summarizes the significant and relevant changes made to the Rule:

• The AUC has added new basic sound levels (BSL) “Suburban” and “Urban” classifications for receptor locales. These new BSL classifications allow for a more relaxed permissible sound level (PSL) for receptors located in more populated and urban environments.
• The Rule has been updated to clarify that an ambient sound level survey to determine representative ambient sound levels (ASL) is only necessary when: Receptors are located in locale with non-energy related facilities or industries, the proposed facility will be in a pristine area (area with no industrial facilities including agriculture, forestry, manufacturing, energy, etc.), or if the receptor is in a populated area where the BSLs provided by the AUC are not considered representative of the acoustic environment.
• Road traffic noise sources can now be modelled to determine the ASL, if values outlined in Rule 012 are considered not representative of the acoustic environment. This is particularly key for receptors located in areas where traffic noise is dominant and where ASL surveys are not practical to conduct.
• New changes to Rule 012 clarify that any dwelling that is built after the AUC approval for a nearby facility will be classified as a new dwelling. Where the facility amends their approval after construction of the new dwelling, the new dwelling would no longer be considered a new dwelling under Rule 012. The intent of this change is to clarify that the presence of a facility will result in increased noise levels in the locale. The Commission has also introduced a new post-approval notification process, so local jurisdictions and other relevant agencies can consider that during new dwelling approvals.
• The commission has now added further discretion that continuous and persistent ceremonial and/or cultural sites that are significant to an Indigenous group may be considered as noise sensitive receptors. These are required to be identified during early public consultation periods.
• Rule 012 currently prescribes specific conditions for assessing tonality at low frequencies only. The changes to Rule 012 clarify that the commission may require tonality assessment for a comprehensive sound level (CSL) survey for all audible frequencies in the case of a noise complaint. When sound is tonal in nature, it can often be more perceptible when compared to broadband sound.
• A new Noise Impact Assessment (NIA) flowchart has been added to Rule 012 to allow stakeholders to better determine if the preparation of an NIA is required in cases where the noise impact of a facility is expected to be minimal.

Conclusion

The above is a brief overview of new changes to the AUC Rule 012, which will be effective for future facilities that obtain AUC approval beyond September 30, 2024. These changes are expected to have minimal impact overall but provide important opportunities for policy makers to work with stakeholders and obtain valuable feedback.