Department of Environmental Protection Rule Ch. 375, Sec. 10 Amendment
Subsection I: Sound Level Standards for Wind Energy Developments
Since the dawn of grid-scale industrial wind energy production, there have been problems; not just here at home, but nationwide and abroad. To date, every improperly sited wind project in Maine is a party to litigation or ongoing and serious complaints.
In the autumn of 2010, the Citizens’ Task Force on Wind Power (CTFWP), in accordance with Maine Law, submitted almost twice the sufficient number of verified petitions to the Board of Environmental Protection to require Agency Rulemaking on the subject of noise from Wind Energy Developments. DEP Noise Rules, last amended more than 20 years ago, were inadequate to protect Maine citizens from industrial wind turbines’ unique noises and vibrations. In an attempt to protect Maine citizens’ health, property values and quality of life, CTFWP–in conjunction with Friends of Maine’s Mountains (FMM) –launched a determined effort calling for revised noise rules for grid scale wind facilities.
FMM submitted comprehensive draft amendments to the BEP, citing an urgent need to change existing Noise Rules to improve predictive modeling and protect against health risks associated with noise from industrial wind turbines. In response to the citizens’ initiative, BEP held technical and public hearings in Augusta on July 7, 2011.
The claims made by CTFWP and FMM were supported by the testimony of several respected and experienced acoustics experts, including Rick James, Rob Rand and Stephen Ambrose. These gentlemen have not relied on computer modeling to arrive at their findings. They have done--and continue to do--extensive testing at wind turbine sites in Maine and across the country. They have spent nights in affected homes, as well. Added to their findings was the testimony of Dr. Michael Nissenbaum—another respected professional who has had first-hand experience with the impacts of wind turbine noises as he has treated sufferers right here in the state of Maine. Following the testimony of these experts, scores of Maine citizens gave oral and/or written testimony about wind turbine noises and their impacts to health, property values and quality of life. BEP found it incumbent upon them to support an amendment to the State’s current noise rules and had staff prepare a draft rule change.
On September 15th, in spite of late-in-the-game and undue pressure from attorneys representing the corporate wind lobby, the Board of Environmental Protection voted to approve more restrictive sound standards for wind energy developments. The Board recognized the fact that Maine citizens are already suffering from the impacts of wind turbine noises and they voted to implement new parameters for Ch. 375, Section 10 rules which are more stringent than those previously in effect.
From the start, the Wind Lobby took no notice of the BEP’s directive to refrain from arguing the pros and cons of ‘wind’ during testimony. They touted the jobs they have brought to Maine—ignoring the fact that those temporary jobs exist because of mandated federal, state and local tax-payer subsidies. In addition, by wind developers’ own accounts we know that wind energy facilities will not create more than a handful of full-time, permanent technicians’ jobs, statewide. Studies done in Europe show that each ‘renewable’ job created cost more than $1,000,000.00 in government subsidies, and resulted in the loss of 2.2 conventional jobs. Denmark, with its high percentage of wind facilities, pays some of Europe’s highest energy tariffs—more than twice those in Britain–partially due to wind subsidies. It is expected that the wind industry will cite those who are employed in the construction of wind facilities when they lobby the Legislature to vote against the BEP’s recommendations, but it ludicrous for the wind industry to use ‘jobs’ to justify the negative impacts brought about by their product.
The wind lobby also warned the BEP that if it ‘changed the rules’ mid-stream the ‘investors’ would go elsewhere. Rather than discuss how to reduce the negative impacts of their product, the wind industry proceeded to lecture BEP about Maine’s economy.
BEP recognized that it was not the Board’s responsibility to worry about Maine’s financial circumstances or the wind lobby’s impact thereon—whether positive or negative. Rather than being drawn into that debate, BEP considered the expert and public testimony and then voted to amend the noise rule standards.
During the last 3 years, many Maine communities have passed comprehensive and protective moratoria and wind energy ordinances. Towns such as Jackson, Dixmont, Thorndike, Montville, Phillips, New Vineyard, Buckfield, Wilton, Stockton Springs, Sedgwick, Penobscot, Avon, Eddington, Unity, Eastbrook, Rumford, Prospect, Brooksville, Deer Isle, Temple, Frankfort and Caratunk have all recognized that grid-scale wind energy facilities are not benign and must be carefully considered during the zoning and siting process in order to protect the health, property values, and quality of life of Maine residents.
Citizens request that the 125th Legislature show their confidence in the People of Maine and in the members of the Board of Environmental Protection and vote to uphold the BEP’s noise rule amendments.
