1. (a) Applicability.

   1. (1) The provisions of this section apply to all nonwellhead compressor facilities or stations used in the production process, as defined in Arkansas Code § 15-71-110, as amended, or whose owner is not affiliated with an Arkansas natural gas public utility and the majority owner is either a production company or an affiliate of a production company.
   2. (2) All nonwellhead compressor facilities in operation as of the initial effective date of this section shall be in compliance with the provisions of this section by July 1, 2012.
   3. (3) All nonwellhead compressor facilities that become operational after the initial effective date of this section shall be in compliance with the provisions of this section within one (1) year of commencing compressing operations.

2. (b) Definitions. As used in this section:

   1. (1) “ANSI” means the American National Standards Institute, and any reference to an ANSI publication shall refer to the version that was in effect as of January 1, 2011, unless otherwise stated;
   2. (2) “Leq” means the equivalent continuous sound level which is the notional sound pressure level which, if maintained constant over a given time, delivers the same amount of acoustic energy at some point as the time-varying sound pressure level would deliver at the same point and over the same period of time;

   3. (3) “Noise sensitive area" means a building with an established mailing address that is being utilized as:

      1. (A) A private residence;
      2. (B) A school;
      3. (C) A hospital;
      4. (D) A church;
      5. (E) A nursing home; or
      6. (F) An other building of a type that is regularly used for overnight accommodation;

   4. (4)

      1. (A) “Nonwellhead compressor facility or station” means any compressor facility or station used for the purpose of compressing natural gas for pipeline transportation.
      2. (B) This shall not include a compressor facility or station located on a well pad for the purpose of enhancing production of natural gas from the well or wells located on the pad; and
   5. (5) “Normal full-load operating conditions” means the normal operating condition of the nonwellhead compressor facility or station, excluding accidents, emergency situations, other unforeseen temporary operational deviations, including without limitation the performance of maintenance or construction activities.
3. (c) The noise levels for a nonwellhead compressor facility or station during normal full-load operating conditions shall not exceed fifty-five (55) dB(A) Leq, as measured from the exterior of the nearest noise sensitive area existing at the time of commencement of initial construction of the nonwellhead compressor facility or station.

4. (d) Noise levels shall be measured as follows:

   1. (1) By utilizing a Type 1 sound level meter, as defined in ANSI S1.4, set for A-weighting per ANSI S1.11, and slow meter response;
   2. (2) Sound level measurements shall be in substantial compliance with standard environmental acoustical measurement practices as outlined in ANSI S12.9; and

   3. (3)

      1. (A) The Leq contribution due to a nonwellhead compressor facility or station shall be determined using short-term sound level averages taken during periods with minimal audible intrusion from extraneous sources other than the nonwellhead compressor facility or station under test.
      2. (B) The following extraneous noise shall be excluded from the measurements to the fullest extent possible:

5. (i) Wind;

   1. (ii) Vehicular traffic;

      1. (iii) Residential heating, ventilating, and air conditioning;

         1. (iv) Aircraft over-flights;
         2. (v) Bird sounds;
         3. (vi) Insect sounds; and
         4. (vii) Other noise generating equipment unrelated to the nonwellhead compressor facility or station.

6. (e)

   1. (1) Any owner or operator of a nonwellhead compressor facility or station found to be in violation of the provisions of this section shall pursue with reasonable diligence a remedy to correct the violation.
   2. (2) Any violation shall be considered an operational violation in accordance with 15 CAR § 275-104.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Source: new rule November 1, 2011)"