MassDEP Lent ARRA Money On Loud "Torturous" Wind Turbines

MassDEP - Regulatory Capture - Wind Turbines

Massachusetts Department of Environmental Protection Lack of Noise Enforcement Wind Turbines ( 10 Years )

In 2010, the town of Falmouth, Massachusetts constructed a pair of Vestas V82 type 1.65 MegaWatt wind turbines on their wastewater treatment plant. After the first wind turbine became operational, nearby residents started complaining about the noise. A noise state and local officials had been warned about prior to the installations.

There are interesting health & safety circumstances related to the wind turbines in Falmouth and twenty-one other communities.

The Town of Falmouth has previously before August 3, 2010, 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 110 decibels under certain circumstances. The letter was released through the FOIA process but remains hidden from the public as it shows regulatory capture at the Massachusetts Department of Environmental Protection.

Regulatory capture is a form of government failure which 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.

In the years leading up to the construction of commercial wind turbines in Massachusetts former Governor Deval Patrick with an agenda of 2000 megawatts of commercial wind turbines by the year, 2020 instituted the Massachusetts Recovery Plan involving the Department of Energy Resources ( DOER ) and the Department of Environmental Protection ( MassDEP ).

Massachusetts was awarded 185 million in federal stimulus funds otherwise known as the American Recovery and Reinvestment Act of 2009 by the United States Environmental Protection Agency through the State Revolving Fund ( SRF) administered by MassDEP.

Federal regulations state American Recovery and Reinvestment Act funds are not available if they pose a risk to the public interest in areas ranging from consumer safety and environmental damage. In Falmouth, five million dollars of these ARRA funds were allocated to build Falmouth Wind II a second commercial wind turbine in 2012.

General Electric a domestic wind turbine company refused to build a single wind turbine due to ice throw and residential setbacks.

Vestas wind company warned by email and in writing the turbines presented noise problems of 110 decibels of noise. The town built the turbine with no Special Permit as required by the US EPA waiver to buy American under the ARRA agreement.

In order to build Falmouth Wind II, Massachusetts DEP brokered a "Project Regulatory Agreement" which is actually a power production agreement with the Town of Falmouth. As long as the turbine stayed operational the 5 million in ARRA funds would stay a grant but if the turbine shut down the grant became a loan.

It is at this point the Massachusetts Department of Environmental Protection under the executive office of state affairs became a loan/grant agency. MassDEP has never enforced noise regulations against wind turbines in Massachusetts because of a brokered power production agreement between the Massachusetts Clean Water Trust who used the ARRA funds from the State Reserve Fund ( SRF ) and Town of Falmouth to purchase Falmouth Wind II.

The newer management at the MassDEP today has to be made aware of how up to 185 million dollars in ARRA funds were used through ( PRA ) project regulatory agreements brokered by MassDEP to various cities and towns.

Under current regulations, MassDEP has two mandates: First is to enforce noise regulations in Massachusetts - Second to enforce project regulatory agreements/ power production agreements.

Since the inception of the Massachusetts Department of Environmental Protection and Massachusetts Clean Water Trust providing ARRA fund loans and grants through these power production agreements has rendered the MassDEP inept in noise control.

MassDEP can not enforce noise regulations and wind turbine power production agreements at the same time.

MassDEP is in regulatory capture :