EPA Duped Issuing Falmouth Wind Turbine II ARRA Waiver

The two Falmouth town-owned wind turbines health and safety issues financed by the 5 million US EPA waiver dated April 2010 concerns identified are:

A. Shadow “Flicker” caused by the sun reflecting off turbine blades creates a strobe effect that can cause headaches and nausea.
B. “Infrasound-” is a soundwave or low-frequency noise just below what the ear can actually detect. It is created by the turbines disturbing wind flow. This cause headache and nausea similar to seasickness people had to leave their homes or live in basements.

American Recovery and Reinvestment Act can not be used to created a substantial and specific danger to public health or safety related to the implementation or use of covered funds. That's what the EPA waiver allowed the town to do with 5 million dollars.

The Town of Falmouth owns two foreign-made wind turbines shut down by as many as eleven multiple Massachusetts court actions and too many appeals to even comprehend over ten years.

The nuisance wind turbines were shut down in June of 2017. No longer energy efficient.

The turbines are named Falmouth Wind I and Wind II.

Construction of Wind I began in 2009 and the commercial operation date was March 23, 2010. As soon as it started operating thousands of written certified noise complaints were made to the Falmouth Board of Health. The town never disclosed the foreign-made wind turbine generates 110 decibels of noise twice as loud as the wind study done for the town by KEMA Inc five years earlier.

The town never filed Special Permit 240-166 as required by the 2005 KEMA Inc. study as it would have required acknowledging the noise levels of 110 decibels at a zoning board hearing and additional notification to the neighbors in which case the turbines never would have been built.

The commercial operation date of Wind II was February 14, 2012. The US EPA was duped into granting a waiver using the American Recovery and Reinvestment Act funds to build the turbine. Falmouth wind turbine II should never have received ARRA loans and funds from the economic stimulus program as it was a known safety and health problem before the waiver was applied for.

The US EPA / MassDEP joint project regulatory agreement using Massachusetts state revolving funds for the drinking water project at the Falmouth Waste Water Treatment Plant shows the Town of Falmouth owes 3.5 million plus 2 percent interest on Falmouth Wind II ARRA loan as Falmouth Wind II is no longer energy efficient.

By April 19, 2010, the US Environmental Protection Agency had granted a waiver of the Buy America requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the Town of Falmouth, Massachusetts for the purchase of a foreign manufactured wind turbine to be installed at its existing wastewater treatment facility site.

General Electric a domestic wind turbine company refused to build one turbine due to the safety and health of residential setbacks and ice throw.

The following letter shows the town had previously been warned by the foreign manufacturer by installation documents, email, and memo that the first turbine Falmouth Wind I generates 110 decibels of noise. The warnings were well before the application of April 19, 2010, the US Environmental Protection Agency waiver.

The foreign-made wind turbine company reinforced its email and memo warnings prior to April 19, 2010, EPA ARRA waiver in this written letter dated August 2010.

In other words, the town hid the 110-decibel warning from the US EPA and the public.

To make matters worse as court litigation proceeded against the turbines in 2013 the Massachusetts Clean Energy Center in order to get off the hook in an April 2, 2013 memo to the Town of Falmouth admitted the noise studies were flawed prior to the installation of the turbines.

Everyone knew even one turbine was too loud to be placed by 200 residential homes.

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Vestas raises concerns about turbine noise (Letter):::::::
The Town has previously been provided with the Octave Band Data / Sound performance for the V82 turbine. This shows that the turbine normally operates at 103.2dB but the manufacturer has also stated that it may produce up to 110dB under certain circumstances.

August 3, 2010

WasteWater Superintendent

Town of Falmouth Public Works
59 Town Hall Square
Falmouth, MA 02540

RE: Falmouth WWTF Wind Energy Facility II "Wind II", Falmouth, MA
Contract No. #3297
Dear ,
Due to the sound concerns regarding the first wind turbine installed at the wastewater treatment facility, the manufacturer of the turbines, Vestas, is keen for the Town of Falmouth to understand the possible noise and other risks associated with the installation of the second wind turbine.

The Town has previously been provided with the Octave Band Data / Sound performance for the V82 turbine. This shows that the turbine normally operates at 103.2dB but the manufacturer has also stated that it may produce up to 110dB under certain circumstances. These measurements are based on IEC standards for sound measurement which is calculated at a height of 10m above of the base of the turbine.

We understand that a sound study is being performed to determine what, if any, Impacts the second turbine will have to the nearest residences. Please be advised that should noise concerns arise with this turbine, the only option to mitigate normal operating sound from the V82 is to shut down the machine at certain wind speeds and directions. Naturally this would detrimentally affect power production.

The manufacturer also needs confirmation that the Town of Falmouth understands they are fully responsible for the site selection of the turbine and bear all responsibilities to address any mitigation needs of the neighbors.

Finally, the manufacturer has raised the possibility of ice throw concerns. Since Route 28 is relatively close to the turbine, precautions should be taken in weather that may cause icing.
To date on this project we have been unable to move forward with signing the contract with Vestas. The inability to release the turbine for shipment to the project site has caused significant [SIC] delays in our project schedule. In order to move forward the manufacturer requires your understanding and acknowledgement of these risks.

We kindly request for this acknowledgement to be sent to us by August 4, 2010, as we have scheduled a coordination meeting with Vestas to discuss the project schedule and steps forward for completion of the project.

Please sign in the space provided below to indicate your understanding and acknowledgement of this letter. If you have any questions, please do not hesitate to call me.

Sincerely,
(Bruce Mabbott's signature)
_________________
Bruce Mabbott Gerald Potamis
Project Manager Town of Falmouth
CC: Sumul Shah, Lumus Construction, Inc.
(Town of Falmouth's Wind-1 and Wind-2 Construction contractor)
Stephen Wiehe, Weston & Sampson
(Town of Falmouth's contract engineers)
Brian Hopkins, Vestas

(Wind-1, Wind-2's turbine manufacturer, and also Webb/NOTUS turbine)

Vestas raises concerns about turbine noise (Letter) link :

http://www.windaction.org/posts/41357-vestas-raises-concerns-about-turbine-noise-letter#.Xf50j0dKi00

Fri 5/28/2010 1:48 PM
Brian Hopkins brhop@vestas.com

RE: Sound / Feasibility Studies

TO: Wiehe, Stephen,

cc Duijvesteijn, Olle; Yanuskiewicz, Francis

"Steve, I don't believe I saw a feasibility study for Falmouth other than Site Plans.

Was a sound study updated with the additional turbine?

Does the information I provided in the octave band data support the conclusions that you are conservatvely within MA state sound regulations?

The table highlights the fact that V82 produces greater decibels when it reaches its stall regime beyond the IEC design standard at 95% capacity.

The table also helps recognize the effects of shear on the sound levels experienced at receptors which should also be considering with the sound study.

My email was lost from the time we did the first turbine so I don't have a great record of information but do you have this decibel mapping for Falmouth?"