At the conclusion of a 2 1/2 hour zoning board hearing last night, members of the board approved requested interpretations of zoning ordinances that will allow Anthem Propane, a Low pressure Gas (LPG) business to proceed in installing a planned LPG filling facility at 1550 Lehigh Street.
I serve on the West Easton Zoning Board.
In doing so I must be impartial and have to set aside my bias against the oil and gas industry fracking anywhere they think a buck can be made. Personal bias has no place in judging applications on the merits and the law. The bottom line was that the matter before the board wasn’t about how the LPG came out of the ground, but the applicant seeking Zoning Board relief on West Easton ordinances.
Matters Before The Board
Though we were there to make a decision on matters involving setbacks, a determination of whether their proposed pavilion is considered outside storage, and truck parking, the core of the questioning and testimony involved safety. The site is to be home for a 30,000 gallon propane tank that will fill 33 pound propane canisters (total weight, 56 lbs) used on forklifts. Those canisters will then be loaded onto straight trucks for delivery to businesses.
I had a lot of questions, as did a couple of other members of the zoning board.
I was aware in having done research that tanks aren’t filled to capacity. Industry standards require filling to no more than 85% of capacity, giving a 30,000 “wet” tank the fill max of no more than 25,500 gals.
One of my concerns was the possibility of a Boiling Liquid Expanding Vapor Explosion (BLEVE). Videos of BLEVE’s can be found on the Internet, including one that involved a railway car carrying a 30,000 gal propane tank in Murdock, Illinois. The explosion generated 3000 degrees of heat, spread a distance of 1/2 mile, and threw the railway car 3/4 mile into a cornfield.
Disconcerting viewing until statistics and improved standards within the industry are taken into account.
BLEVE’s involving large LPG storage tanks are rare. I found only 4 instances that occurred in the U.S., with the last one having occurred in 1983 (Murdock, IL). Side Note: For those who might remember Tavares, Florida last year, that facility saw the explosions of 20 lb propane cylinders. Three 30,000 lb storage tanks at Tavaras were kept cool by firefighters and a fire suppression system that prevented their ignition.
Safety Concerns
Testimony given at the meeting was that safety standards have improved greatly since the last BLEVE of a large LPG tank. Automatic shutoff valves, pressure release improvements, and better oversight by the Labor & Industry (L&I) makes the probability of a plane falling on your head more likely than a large LPG tank succumbing to a BLEVE.
Safety precautions are also mandated by L&I rules. Non-explosive lighting and a 25 ft. safe filling area are among some of the requirements.
Speaking of L&I, our hands (Zoning) were somewhat tied when it came to setbacks. As was pointed out by the propane company attorney and under advisement from our own solicitor, local ordinances can not supersede L&I law and regulations. Among the government L&I rulebook it actually addresses setbacks from property lines for the LPG industry.
West Easton’s 50′ requirement is greater than that of L&I. In essence, L&I trumps our own ordinance and fighting to maintain a 50′ setback would be a waste of money.
The question regarding the pavilion had to be addressed not as a pavilion in the sense of something a homeowner might build, but as a structure that conforms to requirements of L&I regarding LPG. The design and use was toward safety and the requested ruling from the applicant was granted.
Resident Participation
A few residents actually took time to attend the entire meeting and participate.
Nancy Stout questioned the security of the facility and asked if the company had ever experienced an explosion at another facility he owned.
A. The facility is enclosed with a chain link fence that is locked and he testified that he had never had an explosion. He also reiterated that safety is of primary concern.
Councilman Tom Nodoline attended in an unofficial capacity. As a resident, he was concerned with an explosion that could “wipe out West Easton.” He wanted to know if there would be an evacuation plan provided.
A. An evacuation plan is actually the responsibility of a town’s Emergency Management and governing body. Since West Easton has no Emergency Management it will end up in the lap of Tom and the rest of Council to develop an evacuation plan, or at the very least, an early warning system for residents.
Safety First Volunteer Fire Chief William Bogari was also in attendance. He had no questions, but did confirm to me that he was “comfortable” with the business, having attended the meeting to ensure the company wanting to set up the LPG operation and tank wasn’t a “fly-by-night.” He is also confident in his fire department’s abilities.
Business Agrees To Concessions
The following are concessions the business has agreed to regarding the Zoning Board and community participation concerns:
- Training in fighting LPG fire for the Safety First Volunteer Fire Dept. will be provided by the applicant at no charge.
- No 20 lb. (BBQ size) propane tanks will be filled at the facility.
- No additional storage tanks to be allowed in excess of the one, 30,000 lb. tank.
- No tanker or delivery trucks are to use West Easton residential roads, unless delivery truck is delivering to a customer within West Easton, or closure of road causes Lehigh Drive to be unusable.
What’s Next?
Though the Zoning Board granted the applicant his sought after determinations that doesn’t necessarily mean the storage tank will be arriving anytime soon, or at all.
The L&I Department, which superseded our local ordinances, now is the problem of the applicant. West Easton’s approval last night was a small hurdle for him to jump before proceeding onto the much bigger one.
Engineering studies and detailed build plans have to be submitted. Will the ground in that area support the weight of the filled tank? Will part of the pavilion and loading dock being in the 100 year flood plain be allowed by FEMA? Will water runoff from the large hill behind the tank location be a problem?
Much of this and more must meet L&I standards involving LPG storage and transfer facilities.
Disclaimer: On January 4, 2016, the owner of WestEastonPA.com began serving on the West Easton Council following an election. Postings and all content found on this website are the opinions of Matthew A. Dees and may not necessarily represent the opinion of the governing body for The Borough of West Easton.
