“This decision is not a decision to deny [Sea 3 LLC] a license, it’s only a decision to require more inquiry,” said Energy Facilities Siting Board (EFSB) Chair Ronald Gerwatowski, describing the scope of the board’s decision.

In March 2021, Sea 3 LLC, a Liquified Propane Gas (LPG) storage and distribution facility in the Port of Providence petitioned the EFSB for a declaratory order that would sallow the existing LPG facility to expand by more than half a billion gallons of LPG and begin receiving LPG deliveries by rail on a daily basis, without a full review of their plans by the state.

See previous coverage here:

• Sea 3 seeks major fossil fuel expansion in the Port of Pvd
• Lawmakers ask the Energy Facilities Siting Board to reject Sea 3’s proposed LPG expansion
• AG Neronha: Proposed LPG facility expansion in Port of Providence should be subject to robust regulatory review by EFSB
• PVD City Solicitor and AG Neronha join CLF as intervenors in Sea 3 LPG expansion proceedings
• EFSB takes up Sea 3 propane expansion proposal for Port of Providence

Opponents, such as The People’s Port Authority a local environmental justice organization, cited the communities surrounding the Port of Providence who are already overburdened by the health and safety impacts of dozens of polluting industries in the Port. CLF, an environmental legal advocacy organization, pointed out that LPG “is a fossil fuel that is highly explosive, and produces harmful, climate-damaging emissions when burned for heat. The proposed expansion would result in this dangerous fuel being transported through our neighborhoods by rail, as well as the additional use of propane as a heating fuel. What’s worse, nearby neighborhoods like Washington Park are already bearing an unequal burden of pollution and climate impacts.”

The Rhode Island Attorney General‘s office argued “that the proposed expansion posed significant risks to the public health, safety and welfare, and that the proposal should be reviewed to ensure consistency with the 2021 Act on Climate and the State’s commitment to curtail greenhouse gas emissions.”

In their denying Sea 3’s petition for a declaratory ruling to allow the company to go ahead with their expansion of the facility without a full review of safety and environmental concerns, the EFSB found that,

1. The proposed modifications as described in the petition constitute an alteration within the meaning of the act;
2. That the EFSB has jurisdiction over the modifications described in the petition; and
3. A full application is required.

See video of the EFSB’s decision here and here.

The decision also acts as a first test and major victory for the Act on Climate legislation past 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 meet Act on Climate goals must be considered, and that Sea 3 Providence had not presented enough evidence to show that there would not be significant impacts with respect to greenhouse gas emissions,” said the Rhode Island Attorney General’s office after reviewing the decision.

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

“It’s clear that 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 demands cuts to polluting emissions – and this irresponsible expansion would absolutely lead to more emissions. The Board made the right call in requiring a full review and safeguarding our health and future in the face of the climate crisis.”

“My Office, alongside community stakeholders, 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, health, and public safety,” said Rhode Island Attorney General ∫. “There should be no room for regulatory shortcuts, and I am grateful that the EFSB saw things the same way. Today’s decision is a clear win for all Rhode Islanders, and especially those who live, play, and work near this facility.”

“Today’s decision from the Rhode Island Energy Facility Sitting Board is a victory for the people of Ward 10, and the community of South Providence,” said Providence City Councilmember Pedro Espinal, who represents Ward 10, and the communities directly impacted by the facility. “The proposed expansion clearly poses a substantial risk both to the environment, and public safety in general. 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 input. I remain dedicated to bringing commerce, in the form of clean, renewable energy to ProvPort, but I will not compromise the well-being of my community.”