James Cassida Response Panel
Response Panel
James Cassida Principal Ecologist and Regulatory Specialist Normandeau Associates, Inc.
Maine: Sound Level Standards for Wind Energy Developments
April 25, 2012
Maine Regulatory Authority Land Use Regulation Commission (LURC) •
Responsible for zoning & regulatory oversight within Maine’s “Unorganized” Territory – Land Use Regulation Statute.
Maine Department of Environmental Protection (MaineDEP) •
Responsible for regulatory oversight of Maine’s “Organized” territory – Site Law, NRPA, Stormwater.
LD 1798 — “An Act to Reform Land Use Planning in the Unorganized Territory.”
Maine Department of Environmental Protection Wind Project Regulations Natural Resources Protection Act (NRPA) – Permit required if the project will have a direct impact on a protected natural resource such as freshwater wetlands, rivers, streams or brooks, lakes, and significant wildlife habitats such as significant vernal pools. Stormwater Management Act – Permit required if the project will disturb more than an acre of land area during construction.
Small-Scale Wind Project Certification – Certification is required for Wind Energy facilities greater than 100kv and up to Site Law. Site Location of Development Act (Site Law) – Permit is required if the project creates a “structure” (greater than 3 acres of area stripped graded and not revegetated within one calendar year) or occupies a developed area greater than 20 acres in size.
Site Law
Existing Law on the books in Maine since 1970. Chapter 375 Rules adopted in 1979 established standards for the development of Site Law projects. Rules contain standards to avoid or minimize adverse effects on the environment. The standards cover areas such as surface water, groundwater, wildlife, scenic character, noise to name just a few. In 2008, the Maine Wind Energy Act (WEA) created several new standards specifically for wind energy developments including shadow flicker, safety setback, decommissioning and expedited scenic character standards The Chapter 375 (10) noise standards were not altered by the WEA as they were believed to be protective in their current form. The rules stipulate a maximum sound level limit for new developments that is in keeping with the area surrounding the project and considered to be protective of human health.
Site Law cont. All Site Law developments must demonstrate operational sound levels that are no greater than 75 dBA at any property line of the development at any time of day. The rule requires a lower sound level limit for certain “protected locations”. A protected location includes places such as residences, planned residence, subdivisions, other occupied buildings and certain public areas such as parks, historic areas and nature preserves.
The sound level limit at protected locations varies based on zoning or the predominate uses of the surrounding area. For example: The sound level limit at a protected location within a commercially zoned area is 60 dBA daytime and 50 dBA nighttime; and The sound level limit at a protected location within a quiet rural area is 55 dBA daytime and 45 dBA nighttime.
Small-scale Wind Certification
Program established in 2008 as part of the WEA. Created a regulatory program for certification of non grid-scale (Site Law) wind energy projects. Small-scale wind energy projects > 100 kv are require to demonstrate compliance with three of the Site Law permitting standards, noise, shadow flicker and safety setback.
Permitted Wind Energy Projects
Project Name
Status
Mars Hill Stetson I Stetson II Rollins Mt. Oakfield Bull Hill Record Hill Spruce Mt Saddleback Ridge
Operating (2007) Operating (2009) Operating (2010) Operating (2011) Permitted (appealed) Under Construction Operating (2012) Operating (2011) Permitted (appealed)
Beaver Ridge* Fox Island Pisgah Mt.
Operating (2008) Operating (2010) Operating (2012)
* The Beaver Ridge project is a small-scale size project but is exempt from the provisions of the WEA.
Experience with Early Projects
The first couple of projects to come on line in Maine were in close proximity to several protected locations. Soon after commencing operation people living near the facilities began having concerns regarding the sounds generated by the facilities. Compliance measurements documented that the facilities were generally in compliance with the regulatory standard, however, citizen concern continued to increase as more facilities were proposed and constructed. In 2011 a citizen petition was submitted to the Board of Environmental Protection (Board) seeking to change the regulatory noise standards for wind energy developments.
Sound Level Standards for Wind Energy Developments
The Board held a series of public hearings on the issue of sound and wind energy developments and on September 15, 2011, provisionally adopted the “Sound Level Standards for Wind Energy Developments”.
The provisionally adopted rules were approved by the Maine State Legislature in LD 1793, Resolve Chapter 131 and are scheduled to be finally adopted by the Board at their first regular meeting in May, 2012.
Sound Level Standards for Wind Energy Developments cont.
The rules establish:
A new sound level limit for wind energy developments at protected locations of 55 dBA daytime and 42 dBA nighttime. The nighttime limit reduction from 45 dBA to 42 dBA was based, in part, on peoples observation of annoyance and documented sound level output at operating Maine facilities;
A standard protocol for the application of short duration repetitive sound and tonal sound measurement when modeling or measuring compliance of a wind energy development;
Standardized submission requirements to ensure that each wind energy development is permitted with consistently detailed information; and
Uniform compliance measurement protocols to ensure that all wind energy developments are consistently collecting meaningful sound compliance data.
James Cassida Principal Ecologist and Regulatory Specialist Normandeau Associates, Inc.
Maine: Sound Level Standards for Wind Energy Developments
April 25, 2012
Maine Regulatory Authority Land Use Regulation Commission (LURC) •
Responsible for zoning & regulatory oversight within Maine’s “Unorganized” Territory – Land Use Regulation Statute.
Maine Department of Environmental Protection (MaineDEP) •
Responsible for regulatory oversight of Maine’s “Organized” territory – Site Law, NRPA, Stormwater.
LD 1798 — “An Act to Reform Land Use Planning in the Unorganized Territory.”
Maine Department of Environmental Protection Wind Project Regulations Natural Resources Protection Act (NRPA) – Permit required if the project will have a direct impact on a protected natural resource such as freshwater wetlands, rivers, streams or brooks, lakes, and significant wildlife habitats such as significant vernal pools. Stormwater Management Act – Permit required if the project will disturb more than an acre of land area during construction.
Small-Scale Wind Project Certification – Certification is required for Wind Energy facilities greater than 100kv and up to Site Law. Site Location of Development Act (Site Law) – Permit is required if the project creates a “structure” (greater than 3 acres of area stripped graded and not revegetated within one calendar year) or occupies a developed area greater than 20 acres in size.
Site Law
Existing Law on the books in Maine since 1970. Chapter 375 Rules adopted in 1979 established standards for the development of Site Law projects. Rules contain standards to avoid or minimize adverse effects on the environment. The standards cover areas such as surface water, groundwater, wildlife, scenic character, noise to name just a few. In 2008, the Maine Wind Energy Act (WEA) created several new standards specifically for wind energy developments including shadow flicker, safety setback, decommissioning and expedited scenic character standards The Chapter 375 (10) noise standards were not altered by the WEA as they were believed to be protective in their current form. The rules stipulate a maximum sound level limit for new developments that is in keeping with the area surrounding the project and considered to be protective of human health.
Site Law cont. All Site Law developments must demonstrate operational sound levels that are no greater than 75 dBA at any property line of the development at any time of day. The rule requires a lower sound level limit for certain “protected locations”. A protected location includes places such as residences, planned residence, subdivisions, other occupied buildings and certain public areas such as parks, historic areas and nature preserves.
The sound level limit at protected locations varies based on zoning or the predominate uses of the surrounding area. For example: The sound level limit at a protected location within a commercially zoned area is 60 dBA daytime and 50 dBA nighttime; and The sound level limit at a protected location within a quiet rural area is 55 dBA daytime and 45 dBA nighttime.
Small-scale Wind Certification
Program established in 2008 as part of the WEA. Created a regulatory program for certification of non grid-scale (Site Law) wind energy projects. Small-scale wind energy projects > 100 kv are require to demonstrate compliance with three of the Site Law permitting standards, noise, shadow flicker and safety setback.
Permitted Wind Energy Projects
Project Name
Status
Mars Hill Stetson I Stetson II Rollins Mt. Oakfield Bull Hill Record Hill Spruce Mt Saddleback Ridge
Operating (2007) Operating (2009) Operating (2010) Operating (2011) Permitted (appealed) Under Construction Operating (2012) Operating (2011) Permitted (appealed)
Beaver Ridge* Fox Island Pisgah Mt.
Operating (2008) Operating (2010) Operating (2012)
* The Beaver Ridge project is a small-scale size project but is exempt from the provisions of the WEA.
Experience with Early Projects
The first couple of projects to come on line in Maine were in close proximity to several protected locations. Soon after commencing operation people living near the facilities began having concerns regarding the sounds generated by the facilities. Compliance measurements documented that the facilities were generally in compliance with the regulatory standard, however, citizen concern continued to increase as more facilities were proposed and constructed. In 2011 a citizen petition was submitted to the Board of Environmental Protection (Board) seeking to change the regulatory noise standards for wind energy developments.
Sound Level Standards for Wind Energy Developments
The Board held a series of public hearings on the issue of sound and wind energy developments and on September 15, 2011, provisionally adopted the “Sound Level Standards for Wind Energy Developments”.
The provisionally adopted rules were approved by the Maine State Legislature in LD 1793, Resolve Chapter 131 and are scheduled to be finally adopted by the Board at their first regular meeting in May, 2012.
Sound Level Standards for Wind Energy Developments cont.
The rules establish:
A new sound level limit for wind energy developments at protected locations of 55 dBA daytime and 42 dBA nighttime. The nighttime limit reduction from 45 dBA to 42 dBA was based, in part, on peoples observation of annoyance and documented sound level output at operating Maine facilities;
A standard protocol for the application of short duration repetitive sound and tonal sound measurement when modeling or measuring compliance of a wind energy development;
Standardized submission requirements to ensure that each wind energy development is permitted with consistently detailed information; and
Uniform compliance measurement protocols to ensure that all wind energy developments are consistently collecting meaningful sound compliance data.
