“This decision is not a decision to deny [Sea 3 LLC] a license, it is only a decision to require further investigation,” said Energy Installations Implementation Committee (EFSB) Chair Ronald Gerwatowskioutlining the scope of the board’s decision.

In March 2021, Sea 3 LLC, a Liquefied propane gas (LPG) storage and distribution facility in the Port of Providence applied to the EFSB for a declaratory order that would allow the existing LPG facility to expand by more than half a billion gallons of LPG and begin receiving daily deliveries of LPG by rail, without a comprehensive review of their plans by the state.

See previous coverage here:

Opponents, such as People’s Port Authority a local environmental justice organization, cited communities surrounding the Port of Providence who are already overburdened by the health and safety impacts of dozens of polluting industries at the port. FLCan environmental rights organization, pointed out that LPG “is a highly explosive fossil fuel and produces harmful and climate-damaging emissions when burned for heating. The proposed expansion would result in the transport of this dangerous fuel into our neighborhoods by rail, as well as the additional use of propane for heating fuel.Worse still, neighboring neighborhoods like Washington Park already bear an unequal burden of pollution and climate impacts.

the Attorney General of Rhode IslandThe office argued “that the proposed expansion posed significant risks to public health, safety and welfare, and that the proposal should be reconsidered to ensure consistency with the Climate and Climate Act 2021. State commitment to reduce greenhouse gas emissions.

In their denial of Sea 3’s motion for a declaratory ruling allowing the company to continue its expansion of the facility without a full review of safety and environmental concerns, the EFSB found that,

1. The proposed amendments as described in the petition constitute an amendment within the meaning of the law;
2. That the EFSB has jurisdiction over the changes described in the petition; and
3. A complete application is required.

See the video of the EFSB decision here and here.

This decision is also a first test and a great victory for the Climate Legislation Act last year by the General Assembly. In its decision, the EFSB determined that the “potential impacts of the project on the state’s ability to achieve climate law objectives must be considered, and that Sea 3 Providence had not presented sufficient evidence to show that there would be no significant impacts with respect to greenhouse gas emissions,” the Rhode Island Attorney General’s office said after reviewing the decision.

Sea 3 must now submit a full application to the EFSB for review as part of a broader quasi-judicial process.

“Clearly we can’t wait any longer to fight climate change,” says James Crowley, staff attorney for CLF Rhode Island. “Rhode Island has a climate law that requires reductions in pollutant emissions – and this irresponsible expansion would absolutely lead to more emissions. The Council has taken the right decision in demanding a full review and protecting our health and our future in the face of the climate crisis.

“My office, alongside community stakeholders, has intervened in this matter because we believe that energy facility expansions like this project should be subject to full and comprehensive regulatory oversight given the direct impacts they have on our environment, our health and our public safety,” Rhode said. Attorney General of the Island ∫. “There should be no room for regulatory shortcuts, and I’m grateful the EFSB saw things the same way. Today’s decision is a clear victory for all Rhode Islanders, and in especially for those who live, play and work near this facility.

“Today’s decision by the Rhode Island Energy Facility Board of Directors is a victory for the residents of Ward 10 and the community of South Providence,” said Providence City Councilmember pedro espinal, which represents Ward 10, and the communities directly impacted by the facility. “The proposed expansion clearly poses a substantial risk to both the environment and general public safety. I am grateful for the Board’s diligence and careful consideration in this most important matter and look forward to the review process and public comment. I remain committed to bringing commerce, in the form of clean, renewable energy to ProvPort, but I will not compromise the well-being of my community.