Falmouth Massachusetts Wind Turbine Regulatory Capture

Regulatory capture is a form of government failure that occurs when a regulatory agency, created to act in the public interest, instead advances the commercial or political concerns of special interest groups that dominate the industry or sector it is charged with regulating.

Clearly, the Massachusetts Department of Environmental Protection is in regulatory capture. With regard to industrial wind turbine noise pollution, the MassDEP cannot prosecute its primary authority for "environmental protection" when in agreement for "advancing the permitting and development of renewable energy and energy efficiency projects throughout Massachusetts".

There simply isn't enough distance available in Massachusetts to permit large industrial wind turbines without generating complaints, appeals to stop the noise, and lawsuits.

Promoting large industrial wind turbines guarantees the environment is harmed, not protected.
The only reliable noise control options for wind turbines are 1) sufficient distant to prevent complaints set prior to permit, or 2) if complaints during operation, shutdown.The projects generating complaints should never have been permitted in the first place. They were too big, too close.

"EXECUTIVE SUMMARYThe Clean Energy Results Program, established in July 2011 and launched in November 2011, is a first-of- its-kind partnership between the Massachusetts Department of Environmental Protection (MassDEP) and the Massachusetts Department of Energy Resources (DOER). This innovative new program builds on MassDEP’s regulatory expertise and authority to support DOER in advancing the permitting and development of renewable energy and energy efficiency projects throughout Massachusetts. The Massachusetts Clean Energy Center (MassCEC) works closely with MassDEP and DOER on program activities."

See : http://www.mass.gov/eea/docs/dep/energy/cerp-2013-annual-report-final.pdf

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Also :

A letter from Susan E. Perez ,Executive Director of the Massachusetts Water Pollution Abatement Trust on April 2, 2013 to Falmouth Town Manager Julian M. Suso advised the town about the loan on Falmouth Wind II and the Project Regulatory Agreement (“PRA”) a power production agreement

"Outside legal counsel has advised that Wind II is subject to specific provisions of ARRA
and applicable federal regulations and guidelines (“Federal Law”) in addition to the terms and conditions of the Project Regulatory Agreement (“PRA”) and the Loan Agreement associated with the funding of Wind 11. "

April 2,2013 --- Project Regulatory Agreement (“PRA”)-- Town knew it was a loan

massachusetts water pollution abatement trust - Town of Falmouth

www.falmouthmass.us/DocumentCenter/View/132

Apr 2, 2013 - project at the Town's waste water treatment facility (“Wind II”) that was ... conditions of the Project Regulatory Agreement (“PRA”)

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The Massachusetts Department of Environmental Protection put the Project Regulatory Agreement (“PRA”) a power production agreement above the health and safety of Massachusetts noise regulations.

MassDEP's Air Pollution ControlRegulations, 310 CMR 7.00

The Massachusetts Department of Environmental Protection put the public in harm's way to attain a wind turbine agenda over the health of Massachusetts citizens in as many as twenty one communities