Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 35 - NOISE CONTROL REGULATIONS › Section 340-035-0035 - Noise Control Regulations for Industry and Commerce

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Standards and Regulations:
(a) Existing Noise Sources. No person owning
			 or controlling an existing industrial or commercial noise source shall cause or
			 permit the operation of that noise source if the statistical noise levels
			 generated by that source and measured at an appropriate measurement point,
			 specified in subsection (3)(b) of this rule, exceed the levels specified in
			 Table 7, except as otherwise provided in these rules. [Table not included. See
			 ED. NOTE.]
(b) New Noise Sources:
(A) New Sources Located on Previously Used
			 Sites. No person owning or controlling a new industrial or commercial noise
			 source located on a previously used industrial or commercial site shall cause
			 or permit the operation of that noise source if the statistical noise levels
			 generated by that new source and measured at an appropriate measurement point,
			 specified in subsection (3)(b) of this rule, exceed the levels specified in
			 Table 8, except as otherwise provided in these rules. For noise levels
			 generated by a wind energy facility including wind turbines of any size and any
			 associated equipment or machinery, subparagraph (1)(b)(B)(iii) applies. [Table
			 not included. See ED. NOTE.]
(B)
			 New Sources Located on Previously Unused Site:
(i) No person owning or controlling a new
			 industrial or commercial noise source located on a previously unused industrial
			 or commercial site shall cause or permit the operation of that noise source if
			 the noise levels generated or indirectly caused by that noise source increase
			 the ambient statistical noise levels, L10 or L50, by more than 10 dBA in any
			 one hour, or exceed the levels specified in Table 8, as measured at an
			 appropriate measurement point, as specified in subsection (3)(b) of this rule,
			 except as specified in subparagraph (1)(b)(B)(iii).
(ii) The ambient statistical noise level of a
			 new industrial or commercial noise source on a previously unused industrial or
			 commercial site shall include all noises generated or indirectly caused by or
			 attributable to that source including all of its related activities. Sources
			 exempted from the requirements of section (1) of this rule, which are
			 identified in subsections (5)(b)-(f), (j), and (k) of this rule, shall not be
			 excluded from this ambient measurement.
(iii) For noise levels generated or caused by
			 a wind energy facility:
(I) The increase in
			 ambient statistical noise levels is based on an assumed background L50 ambient
			 noise level of 26 dBA or the actual ambient background level. The person owning
			 the wind energy facility may conduct measurements to determine the actual
			 ambient L10 and L50 background level.
(II) The "actual ambient background level" is
			 the measured noise level at the appropriate measurement point as specified in
			 subsection (3)(b) of this rule using generally accepted noise engineering
			 measurement practices. Background noise measurements shall be obtained at the
			 appropriate measurement point, synchronized with windspeed measurements of hub
			 height conditions at the nearest wind turbine location. "Actual ambient
			 background level" does not include noise generated or caused by the wind energy
			 facility.
(III) The noise levels
			 from a wind energy facility may increase the ambient statistical noise levels
			 L10 and L50 by more than 10 dBA (but not above the limits specified in Table
			 8), if the person who owns the noise sensitive property executes a legally
			 effective easement or real covenant that benefits the property on which the
			 wind energy facility is located. The easement or covenant must authorize the
			 wind energy facility to increase the ambient statistical noise levels, L10 or
			 L50 on the sensitive property by more than 10 dBA at the appropriate
			 measurement point.
(IV) For
			 purposes of determining whether a proposed wind energy facility would satisfy
			 the ambient noise standard where a landowner has not waived the standard, noise
			 levels at the appropriate measurement point are predicted assuming that all of
			 the proposed wind facility's turbines are operating between cut-in speed and
			 the wind speed corresponding to the maximum sound power level established by
			 IEC 61400-11 (version 2002-12). These predictions must be compared to the
			 highest of either the assumed ambient noise level of 26 dBA or to the actual
			 ambient background L10 and L50 noise level, if measured. The facility complies
			 with the noise ambient background standard if this comparison shows that the
			 increase in noise is not more than 10 dBA over this entire range of wind
			 speeds.
(V) For purposes of
			 determining whether an operating wind energy facility complies with the ambient
			 noise standard where a landowner has not waived the standard, noise levels at
			 the appropriate measurement point are measured when the facility's nearest wind
			 turbine is operating over the entire range of wind speeds between cut-in speed
			 and the windspeed corresponding to the maximum sound power level and no turbine
			 that could contribute to the noise level is disabled. The facility complies
			 with the noise ambient background standard if the increase in noise over either
			 the assumed ambient noise level of 26 dBA or to the actual ambient background
			 L10 and L50 noise level, if measured, is not more than 10 dBA over this entire
			 range of wind speeds.
(VI) For
			 purposes of determining whether a proposed wind energy facility would satisfy
			 the Table 8 standards, noise levels at the appropriate measurement point are
			 predicted by using the turbine's maximum sound power level following procedures
			 established by IEC 61400-11 (version 2002-12), and assuming that all of the
			 proposed wind facility's turbines are operating at the maximum sound power
			 level. [Table not included. See ED. NOTE.]
(VII) For purposes of determining whether an
			 operating wind energy facility satisfies the Table 8 standards, noise generated
			 by the energy facility is measured at the appropriate measurement point when
			 the facility's nearest wind turbine is operating at the windspeed corresponding
			 to the maximum sound power level and no turbine that could contribute to the
			 noise level is disabled. [Table not included. See ED. NOTE.]
(c) Quiet
			 Areas. No person owning or controlling an industrial or commercial noise source
			 located either within the boundaries of a quiet area or outside its boundaries
			 shall cause or permit the operation of that noise source if the statistical
			 noise levels generated by that source exceed the levels specified in Table 9 as
			 measured within the quiet area and not less than 400 feet (122 meters) from the
			 noise source. [Table not included. See ED. NOTE.]
(d) Impulse Sound. Notwithstanding the noise
			 rules in Tables 7 through 9, no person owning or controlling an industrial or
			 commercial noise source shall cause or permit the operation of that noise
			 source if an impulsive sound is emitted in air by that source which exceeds the
			 sound pressure levels specified below, as measured at an appropriate
			 measurement point, as specified in subsection (3)(b) of this rule: [Table not
			 included. See ED. NOTE.]
(A) Blasting. 98 dBC,
			 slow response, between the hours of 7 a.m. and 10 p.m. and 93 dBC, slow
			 response, between the hours of 10 p.m. and 7 a.m.
(B) All Other Impulse Sounds. 100 db, peak
			 response, between the hours of 7 a.m. and 10 p.m. and 80 dB, peak response,
			 between the hours of 10 p.m. and 7 a.m.
(e) Octave Bands and Audible Discrete Tones.
			 When the Director has reasonable cause to believe that the requirements of
			 subsection (1)(a), (b), or (c) of this rule do not adequately protect the
			 health, safety, or welfare of the public as provided for in ORS Chapter 467,
			 the Department may require the noise source to meet the following rules:
(A) Octave Bands. No person owning or
			 controlling an industrial or commercial noise source shall cause or permit the
			 operation of that noise source if such operation generates a median octave band
			 sound pressure level which, as measured at an appropriate measurement point,
			 specified in subsection (3)(b) of this rule, exceeds applicable levels
			 specified in Table 10. [Table not included. See ED. NOTE.]
(B) One-third Octave Band. No person owning
			 or controlling an industrial or commercial noise source shall cause or permit
			 the operation of that noise source if such operation generates a median
			 one-third octave band sound pressure level which, as measured at an appropriate
			 measurement point, specified in subsection (3)(b) of this rule, and in a
			 one-third octave band at a preferred frequency, exceeds the arithmetic average
			 of the median sound pressure levels of the two adjacent one-third octave bands
			 by:
(i) 5 dB for such one-third octave band
			 with a center frequency from 500 Hertz to 10,000 Hertz, inclusive. Provided:
			 Such one-third octave band sound pressure level exceeds the sound pressure
			 level of each adjacent one-third octave band; or
(ii) 8 dB for such one-third octave band with
			 a center frequency from 160 Hertz to 400 Hertz, inclusive. Provided: Such
			 one-third octave band sound pressure level exceeds the sound pressure level of
			 each adjacent one-third octave band; or
(iii) 15 dB for such one-third octave band
			 with a center frequency from 25 Hertz to 125 Hertz, inclusive. Provided: Such
			 one-third octave band sound pressure level exceeds the sound pressure level of
			 each adjacent one-third octave band;
(iv) This rule shall not apply to audible
			 discrete tones having a one-third octave band sound pressure level 10 dB or
			 more below the allowable sound pressure levels specified in Table 10 for the
			 octave band which contains such one-third octave band.