Industrial noise compliance in Alberta: Understanding Directive 038 and Rule 012

Industrial noise pollution is more than just a nuisance. It’s a growing challenge for oil & gas facilities, power plants, and renewable energy projects, impacting operations, regulatory compliance, and community relations.

Excessive noise can cause annoyance, disturbance, stress, and related health effects. That’s why it’s crucial to have regulations in place to help manage sound levels and strike a balance between industrial development and community wellbeing.

Alberta's energy and utilities industries follow two key noise regulations:

• Directive 038: Noise Control, issued by the Alberta Energy Regulator (AER)covering oil & gas facility noise assessment and control
• Rule 012, issued by the Alberta Utilities Commission’s (AUC)covering power plants, substations, battery energy storage systems (BESS), solar and wind farm noise assessment and control

With a shared origin story, they have been transformative in shaping environmental noise regulations, particularly across western Canada.

For industrial operators, complying with Alberta's Directive 038 and Rule 012 is essential for noise mitigation, permitting, and avoiding regulatory penalties. These regulations govern noise impact assessment (NIA) requirements and set permissible sound levels (PSLs) for oil & gas and power facilities.

This guide explores how these regulations evolved and what they mean for your facility.

The Directive 038/Rule 012 Explained

The fundamental principle behind these regulations is that noise from energy-related facilities should not increase the existing ambient sound levels by more than five decibels (dBA). This limit helps strike a balance between the development of these facilities and protecting nearby residents from excessive noise.

To manage this, Permissible Sound Levels (PSLs) are set at specific locations (noise sensitive receptors), typically dwellings. These PSLs account for the cumulative ambient sound and noise from all energy-related facilities in the area. This approach differs from many other regulations by accounting for total sound levels, meaning overall sound stays within acceptable limits as facilities are expanded or new facilities are added.

Now, let’s get into how these regulations came to be.

A History of Directive 038/Rule 012

The Early Years (1973-1980): In June 1973, Alberta’s Energy Resources Conservation Board (ERCB) issued the province’s first noise control guideline, the Interim Directive (ID) 73-1. The ECRB set maximum PSLs for energy industry operations, particularly aimed at drilling rigs, compressor stations, pumping stations, and gas well flaring.

Under ID 73-1, the noise limit was 65 dBA during the day (7:00 am - 11:00 pm) and 50 dBA at night (11:00 pm - 7:00 am). These levels were measured 10 feet from any occupied dwelling in the direction of the sound source. In 1980, ID-80-2 was released with minor updates, notably the measurement distance was increased to 15m from a dwelling. This change was made to reduce the impacts of sound reflections from the structure.

Public Concerns and the Rise of a Collaborative Approach (Early 1980’s): In the early 1980s noise came up as a major issue in several ERCB hearings. It became clear that the daytime and nighttime decibel limits were too high, leading to significant impacts on neighboring residents. Furthermore, ID-80-2didn’t have clear direction on measuring and comparing sound levels to the set criteria.

In response to growing noise concerns, the ERCB established a Noise Committee to update ID 80-2, incorporate the latest noise measurement techniques, and develop a workable regulation to address future noise concerns. The Committee was unique in its diverse representation, including acoustical consultants, energy industry professionals, academics, government agencies, ERCB staff, and rural landowners.

Potential for a Province-Wide Noise Guideline (1982): The ERCB approached the Alberta Government to explore the possibility of having a common noise guideline for all industrial sound sources, not just the energy industry. The Government declined to participate.

A New Approach to Noise Guidelines (Mid-1980’s): Between 1984-1986 the Committee completed most of its work to develop the foundation for a new comprehensive noise guideline. Recommendations included:

• Using Leq (averaged sound level over time) and dBA (A-weighting, to represent how humans perceive sound) for measuring sound.
• Adopting an approach that considers both the needs of residents and facility operators.
• Designing facilities with noise control in mind from the start.
• A matrix system that sets Basic Sound Levels based on the dwelling density in an area and the proximity of each dwelling to transportation noise.
• Allowing for Class A and Class B adjustments for site-specific conditions or temporary activities.

The ERCB incorporated the recommendations and published ID 88-1, Supplement to ID 88-1, and Guide G-38 in October 1988. Considering the transformative nature of this new guideline, they included a two-year review period to assess how the regulation was being applied and whether changes were needed.

Implementation and Evolution (1988-1999): Over the years, various iterations of the guideline were published based on feedback obtained during planned review periods. Most changes focused on clarifying areas where the Directive and Guide didn’t provide specific guidance. Key updates included ID 92-2, ID 94-4, and ID 99-8.

Note: in 1995 the ERCB merged with the Public Utilities Board to become the Energy Utilities Board (EUB).

The Arrival of Directive 038 (2007): In 2001, ID 99-8 had an extensive review period that included stakeholder consultation, international literature reviews, and field data collection by the EUB. The next version of the directive was issued as Directive 038: Noise Control in 2007. Major changes included:

• In NIAs, the assumed ambient sound level had to be combined with the predicted facility noise using a logarithmic calculation to determine the cumulative sound level. This effectively reduced the allowable facility noise contribution by 1.6 dBA i.e. from 40 dBA to 38.4 dBA, in many cases.
• Mandatory design requirement for new remote facilities to meet a 40 dBA Leq permissible sound level at 1.5 km.
• Removal of the Class A adjustment for the absence of tonal and impulsive components.
• Inclusion of modelling parameters required for acoustic models.
• Addressing Low Frequency Noise (LFN) through a two-part test, with potential penalties for non-compliance.
• Requirement for wind speed and direction measurements during sound monitoring.
• Introduction of a deferred status for pre-1988 facilities, with an expiry date.

A Regulatory Split (2008 to present): In 2008, the regulatory landscape changed, and the ERCB was split into two bodies. The Alberta Energy Regulator (AER), which is responsible for regulating the energy sector (oil & gas, coal, oil sands, etc.), and the Alberta Utilities Commission (AUC), responsible for regulating the utilities sector (power plants, electrical substations, and transmission).

Both the AER and AUC initially adopted Directive 038, but the AUC recognized the need for sector-specific adjustments for power plants and substations. As a result, the regulation was renamed as Rule 012, with several updates since 2009 to provide clarifications and address administrative changes. In 2012, AUC Rule 012 incorporated changes specific to the assessment of wind turbine facilities, reflecting the rapid growth of Alberta’s wind power industry. The most recent 2024update added two new dwelling density categories in the Basic Sound Level table to better address ambient sound levels in urban areas.

2009: The British Columbia Oil & Gas Commission (now the BC Energy Regulator (BCER)) creates the BC Noise Control Best Practices Guideline, which is essentially modelled after Directive 038, further solidifying the influence of Alberta’s regulation framework.

Alberta's Enduring Commitment to Noise Control

Alberta's journey with noise regulation for the energy sector demonstrates the province’s commitment to balancing industrial development with the wellbeing of communities. Through Directive 038 and Rule 012, the AER and AUC have established a leading and comprehensive noise management framework for the energy sector, built on a collaborative approach with stakeholders, a focus on noise control in facility design, and ongoing updates to address emerging challenges. This also includes a framework for investigating noise complaints.

As Alberta's energy sector evolves, so will its noise regulations, supporting a sustainable future for the industry and its communities.