1. (1) Noise levels by all noise sources from the wind facility(ies) shall:

   1. (i) comply with a maximum noise limit of 45 dBA Leq (8-hour) at the outside of any non-participating residence, and 55 dBA Leq (8-hour) at the outside of any participating residence existing as of the issuance date of the siting permit;
   2. (ii) prominent tones are defined by using the constant level differences listed under ANSI/ASA S12.9-2005/part 4 annex C (sounds with tonal content) (see section 900-15.1[a][1][iii] of this Part) at the outside of any non-participating residence existing as of the issuance date of the siting permit. Should a prominent tone occur, the broadband overall (dBA) noise level at the evaluated non-participating position shall be increased by five dBA for evaluation of compliance with subparagraphs (i) and (v) of this paragraph;
   3. (iii) comply with a maximum noise limit of 65 dB Leq (1-hour) at the full octave frequency bands of 16, 31.5, and 63 Hertz outside of any non-participating residence existing as of the issuance date of the siting permit, in accordance with annex D of ANSI/ASA standard S12.9-2005/part 4 section D.2.(1) (analysis of sounds with strong low-frequency content) (see section 900-15.1[a][1][iii] of this Part);
   4. (iv) not produce human perceptible vibrations inside any non-participating residence existing as of the issuance date of the siting permit that exceed the limits for residential use recommended in ANSI/ASA standard S2.71-1983 Guide to the Evaluation of Human Exposure to Vibration in Buildings (see section 900-15.1[a][1][i] of this Part);
   5. (v) comply with a noise limit of 40 dBA Leq (1-hour) at the outside of any non-participating residence existing as of the issuance date of the siting permit from the collector substation equipment; and
   6. (vi) emergency situations are exempt from the limits specified in this subdivision.

2. (2) Post-construction noise compliance and monitoring for wind facilities. To evaluate compliance with noise-related conditions, the permittee shall comply with the following requirements:

   1. (i) compliance with subparagraphs (1)(i)-(v) of this subdivision for the facility shall be evaluated by the permittee by implementing a sound testing compliance protocol that shall follow the provisions and procedures for post-construction noise performance evaluations approved by the office and stated in the siting permit;
   2. (ii) at least two sound compliance tests conforming to the sound testing compliance protocol shall be performed by the permittee after the commercial operation date of the facility: one during the leaf-off season and one during the leaf-on season;
   3. (iii) within seven months after the commercial operation date of the facility, the permittee shall perform and complete the first sound compliance test and the results shall be submitted by filing a report from an independent acoustical or noise consultant, no later than eight months after the commercial operation date, specifying whether or not the facility is found in compliance with all siting permit conditions on noise during the leaf on or leaf off season as applicable; and
   4. (iv) the second sound compliance test shall be performed, and results shall be submitted subject to the same provisions contained in subparagraph (iii) of this paragraph, but no later than 13 months after the commencement of commercial operation of the facility.

3. (3) Noise exceedances from wind facilities. If the results of the first or second post-construction sound compliance test, or any subsequent test, or any compliance or violation test, indicate that the facility does not comply with siting permit conditions on noise and vibration, the permittee shall:

   1. (i) Present minimization options to the NYSDPS, with a copy to the office, within 60 days after the filing of a non-compliance test result or the finding of a noncompliance or a violation of siting permit conditions on noise, as follows:

      1. (a) operational minimization options related to noise or vibrations caused by the wind turbines that shall be considered, including, at a minimum, modifying or reducing times or duration of turbine operation, incorporating noise reduced operations, shutting down relevant turbines, and modifying operational conditions of the turbines;
      2. (b) physical minimization options related to noise or vibration caused by the wind turbines that shall be considered, including installation of serrated edge trails on the turbine blades, replacement or maintenance of noisy components of the equipment, and any other measures as feasible and appropriate; and
      3. (c) if applicable, any minimization measures related to noise from transformers (such as walls or barriers), emergency generators (such as installation of noise walls or barriers, adding or replacing enclosures or silencers to the emergency generator), or any other noise sources (such as HVAC equipment or energy storage systems), shall be considered, as well as any other mitigation measures as feasible and appropriate.
   2. (ii) Upon approval from the NYSDPS and the office, the permittee shall implement any operational noise or vibration mitigation measures within 90 days after the finding of a non-compliance or siting permit violation, as necessary to achieve compliance.
   3. (iii) Upon approval from the NYSDPS and the office, the permittee shall implement any physical noise or vibration mitigation measures within 150 days after the finding of a non-compliance or siting permit violation, as necessary to achieve compliance.
   4. (iv) If the permittee cannot meet the timelines for implementation of mitigation measures set forth in subparagraphs (ii) and (iii) of this paragraph, permittee shall cease operation of the turbines of the facility that caused the non-compliance or siting permit violation until the operational or physical minimization measures that are presented and approved by the NYSDPS and the office have been implemented. Once implemented, the permittee shall not operate the facility without the mitigation measures presented and approved by the NYSDPS and the office.
   5. (v) Test, document and present results of any minimization measures and compliance with all siting permit conditions on noise, no later than 90 days after the minimization measures are implemented.

4. (4) Noise and vibration complaints from wind facilities. The permittee shall adhere to the following conditions regarding noise complaints:

   1. (i) The permittee is required to maintain a log of complaints received relating to noise and vibrations caused by the operation of the facility. The log shall include name and contact information of the person that lodges the complaint, name of the property owner(s), address of the residence where the complaint was originated, the date and time of the day underlying the event complained of, and a summary of the complaint.
   2. (ii) The permittee shall provide the host municipalities with a phone number, email address, and mailing address where complaints can be notified.
   3. (iii) All complaints received shall be reported to the NYSDPS staff, with a copy to the office, monthly during the first year of commercial operations and quarterly thereafter, by filing during the first 10 days of each month (or the first 10 days of each quarter after the first year). Reports shall include copies of the complaints and, if available, a description of the probable cause (e.g., outdoor or indoor noise, tones, low frequency noise, amplitude modulation, vibrations, rumbles, rattles, etc., if known); the status of the investigation, summary of findings and whether the facility has been tested and found in compliance with applicable siting permit conditions on noise or minimization measures have been implemented. If no noise or vibration complaints are received, the permittee shall submit a letter indicating that no complaints were received during the reporting period.
   4. (iv) Should complaints related to excessive and persistent amplitude modulation occur at any non-participating residence existing as of the issuance date of the siting permit, with measured or modeled sound levels exceeding 40 dBA Leq (1-hour), the permittee shall investigate and measure amplitude modulation at the affected receptors during the time frame when the worst conditions are known, or, if not known, expected to occur. If the L90-10-minute noise levels (dBA), including any amplitude modulation and prominent tone penalties exceed a noise level of 45 dBA and amplitude modulation is in excess of a 5 dB modulation depth at the evaluated receptor(s) for more than (5 percent of the time during the identified time frame of evaluation (which shall not exceed eight consecutive hours), the permittee shall continue with the investigation, identify frequency of occurrence and the conditions that may be favorable for its occurrence, and propose minimization measures to avoid or minimize the impacts. Minimization measures that avoid, minimize, resolve, or mitigate the amplitude modulation impacts shall be identified and reported by filing the identified minimization measures and implementing such measures after, and consistent with, review and approval. Compliance with this requirement shall be finally demonstrated by conducting a test that shows that the L90-10-minute sound levels (dBA), including a 5-dBA penalty for amplitude modulation (if amplitude modulation depth is in excess of 5 dB for more than 5 percent of the time in any 8 consecutive hours) at that particular location and any additional prominent tone penalties, are lower than or equal to 45 dBA. For any complaints that do not exceed the limits established in the foregoing, the permittee shall handle those complaints under the complaint resolution protocol approved by the office. Amplitude modulation depth will be evaluated as indicated in the document entitled A Method for Rating Amplitude Modulation in Wind Turbine Noise, 09 August 2016, version 1 (see section 900-15.1[c][1][i] of this Part).
   5. (v) The permittee shall investigate all other noise and vibration complaints by following the complaint resolution protocol approved by the office, and consistent with the limits imposed by the siting permit.

5. (5) Facility logs for wind facilities. The permittee is required to maintain a log of operational conditions of all the turbines with a 10-minute time interval to include, at a minimum, wind velocity and wind direction at the hub heights, angular speed of the rotors, generated power, and notes indicating operational conditions that could affect the noise levels (e.g., maintenance, shutdown, etc.). A schedule and log of noise-reduced operations for individual turbines shall also be kept and updated as necessary. These records shall be maintained by the permittee for five years from occurrence.

   (b)

   Noise standards for solar facilities. The permittee shall implement the approved design as required by section 900-2.8 of this Part.

   (c)

   Operational compliance. The permittee shall operate the facility to abide by applicable rules and regulations of the PSL and 16 NYCRR with respect to matters such as enforcement, investigation, safety and reliability. The permittee shall abide by standard good utility practice, and abide by all rules, guidelines and standards of the serving utilities, the New York Independent System Operator (NYISO), the Northeast Power Coordinating Council (NPCC), the New York State Reliability Council (NYSRC), the North American Electric Reliability Corporation (NERC) and successors. When applied to the permittee, the term good utility practice shall mean the standards applicable to an independent power producer connecting to the distribution or transmission facilities or system of a utility.

   (d)

   Annual inspection. The permittee shall have an annual inspection program for its facilities. An annual inspection report shall summarize maintenance and inspection activities performed and include details of any repairs undertaken. Reports shall identify any major damage, defects or other problems, or indicate that no such damage, defect or problem was found. Reports shall be made readily available upon request by the NYSDPS or the office.

   (e)

   Equipment replacement. Replacement of major facility components with different make, model, size, or other material modification, shall be subject to review and approval of the office pursuant to section 900-11.1 of this Part.

   (f)

   Interconnection changes. Throughout the life of the facility, the permittee shall provide a copy of the following interconnection documents to the secretary of the NYSDPS, with a copy to the office:

6. (1) any updates or revisions to the interconnection agreement or facility agreements between the permittee, the serving utilities and NYISO; and

7. (2) any system reliability impact study (SRIS) required as part of a future facility modification or uprate, performed in accordance with the NYISO Open Access Transmission Tariff (OATT), available at www.nyiso.com.

   (g) Facility transmission interconnection related incidents.

8. (1) The permittee shall contact the NYSDPS Emergency Line within 1 hour to report any transmission related incident on its owned and operated interconnection facilities which affects the operation of the facility, or that poses a public safety concern, and shall provide notification to the office within 24 hours.

9. (2) The permittee shall file with the secretary of the NYSDPS a report on any such incident, upon request within seven days, and provide a copy of the report to the serving utility and the office. The report shall contain, when available, copies of applicable drawings, descriptions of the equipment involved, a description of the incident and a discussion of how future occurrences will be prevented.

   (h) Facility malfunction.

10. (1) In the event of any catastrophic incident, including but not limited to blade failure, fire, tower collapse or other catastrophic event involving the facility and its associated equipment, the permittee shall notify the office and the NYSDPS no later than 12 hours following such an event.
11. (2) In the event of a malfunction of the facility or facility components which causes a significant reduction in the capability of such facility to deliver power for an extended duration (i.e., expected to last longer than one month), the permittee shall promptly file with the NYSDPS, and provide to the serving utility and the office, copies of all notices, filings, and other substantive written communications with the NYISO as to such reduction, any plans for making repairs to remedy the reduction, and the schedule for any such repairs.

(a) Noise limits for wind facilities.