Wind farm gets initial state OK, but data sought
State Environmental Secretary Ellen Roy Herzfelder reluctantly issued initial state approval late yesterday for a controversial wind farm off Cape Cod, but called for expensive new studies and forced the relocation of some wind turbines before it can be built.
Governor Mitt Romney has strongly opposed the location of the wind farm, which would be within view of some portions of the Cape, but most of the 130 proposed wind turbines would be in federal waters more than 3 miles from shore. In her ruling, Herzfelder ordered developer Cape Wind Associates to eliminate or move eight to 10 turbines deemed to be inside the state's boundary, after a recent rule change that expanded state waters by 12 square miles.
In addition, Herzfelder ordered Cape Wind to conduct more studies on the turbines' impacts on birds and fish and to develop a plan to prevent the spill of lubricating oil stored at the wind farm. The studies could cost more than $1 million and take more than a year to finish, according to an environmental source. The studies must be completed to obtain final state approval.
Although far from the final word on the wind farm project, the 26-page approval means that the state has accepted the environmental studies done by Cape Wind to date as adequate. Now, other state agencies that review the project will use those studies, coupled with the additional work Herzfelder requires.
Herzfelder called on Cape Wind to do additional studies of potential environmental impacts, such as an additional year of radar data on spring and fall migration patterns of birds. She also called on Cape Wind to develop better maps of fish habitat in the project area and more analysis of how the wind farm could affect marine life.
Other state agencies must also pass judgment on the project's impact on wildlife in the area, how it will affect water quality, and the public's access to the ocean.
''In allowing the project to move to the next step, the secretary today has ordered that the Cape Wind project be downsized, imposed new conditions on the project, and required precedent-setting levels of additional studies and data collection," said Joe O'Keefe, spokesman for the state Executive Office of Environmental Affairs. She also ''highlighted the urgent need for the passage of ocean-management legislation," he said.
The proposed wind farm would be the first offshore wind project in US history. Supporters say it would generate enough pollution-free electricity to meet three-quarters of the electricity needs of Cape Cod, Martha's Vineyard, and Nantucket.
The initial approval of the project, which Herzfelder called ''the most significant precedent-setting project" of any kind along the US coast, occurs a week after the federal Environmental Protection Agency declared an environmental review of the project inadequate and called for more study.
State officials said yesterday they did not want to issue the approval but had no choice, because federal regulations limited their authority. The state has some say over the project, because the wind farm requires electric transmission cables that cross state waters, and because state law calls for a review of any project that could have an impact on state waters.
Wind farm proponents declared the approval a victory, one that was particularly satisfying given state opposition to the project.
''This represents an important milestone in the development of Cape Wind," said Jim Gordon, the firm's president. ''We do know the secretary has requested a lot of additional information, and we look forward to working with state and federal agencies in the months ahead as we work to complete the final environmental-impact report and bring the significant benefits of clean energy to Massachusetts and the region."
Herzfelder wrote that ''wind power is and will continue to be an important component of the renewable energy mix." However, she made it clear that she is concerned about situating the project in such a scenic and environmentally sensitive area.
The eight to 10 turbines that she ordered eliminated fall within a state-designated ocean sanctuary meant to protect marine life. Cape Wind officials indicated that rather than eliminate the turbines, they would probably move them farther from the state line to comply with the ruling. The decision was based on a federal policy change that expanded state waters by allowing Massachusetts to claim an offshore rock pile as coastline.
The proposal has been a lightning rod for controversy in the four years since it was proposed, inspiring a raft of political maneuvers by opponents to stop it. Herzfelder's ruling may be more burdensome in some ways to the developers than the EPA's rejection of their environmental studies last week. That is because the EPA plays an advisory role in the review, while the state's request for more studies is mandatory.
Opponents of the wind farm said Herzfelder's approval underscores the fractured nature of the review process and the need for more environmental studies. The Alliance to Protect Nantucket Sound, the main opposition group, also said that if Cape Wind moves the turbines Herzfelder rejected, the change should require public review.
''Given the lack of a comprehensive ocean-management policy, the serious flaws in the review of the Cape Wind project, and the recent boundary change, proceeding with this current review is not in the best interest of the public," said Audra Parker of the alliance.
Still, proponents said the approval was important. ''This is the result, and it's the right one," said Seth Kaplan, senior lawyer for the Conservation Law Foundation.
Beth Daley can be reached at bdaley@globe.com.
