When Regulators Drop The Ball

The City of Piqua is left to clean up some large messes

In recent weeks, the City of Piqua has been at the heart of a significant environmental controversy. Residents have vocally expressed their concerns and frustrations regarding the battery burning operations happening on publicly owned land. A detailed look at the unfolding events offers a glimpse into the challenges faced by communities and city officials in ensuring transparency, environmental safety, and a balanced response to commercial interests.  These events also lead to open questions of where the community goes from here.

A Resident's Cry for Transparency and Accountability

The issue burst into the public sphere on September 5th, when Jeff Grimes, a local resident, passionately voiced his concerns at a Piqua City Commission meeting. His comments were a reaction to what he perceived as a lack of information and transparency surrounding the burning of lithium-ion batteries.

Notably, the immediate vicinity of these battery burning activities included vital community resources like Swift Run, the city’s drinking water source, the bike path, the dog park, Johnston Farm, and the cemetery. The proximity of these resources to the burning activities made the situation even more alarming for the community.

But Grimes' most pressing point was the perceived absence of air monitoring. Despite assurances from the city, Grimes and other residents had seen no tangible evidence of such monitoring, fueling concerns about potential pollution and the city's sincerity in addressing them.

The Growing Unease: Voices Multiply

Grimes' public comments served as a catalyst for further community action. By the September 19th City Commission meeting, a growing number of residents had rallied to voice their apprehensions about the battery burning operations.

Debbie Stein and Scott Phillips, both long-time residents of Piqua, questioned the necessity and safety of the battery burns. Notably, Phillips highlighted that the burning was happening just 312 feet away from a canal feeding into the city's drinking water reservoir – a chilling fact that certainly underscored the gravity of the situation.

Furthermore, the economic implications of the battery burnings came into sharp focus when local business owner Brian Hampshire revealed that he had to close his cabinetry business twice due to the environmental repercussions of the battery fumes.

The Piqua Fire Department Training Facility: Where it All Began

Delving into the background, the Piqua Fire Department Training Facility had started this controversial lithium-ion battery testing in 2018. Despite assertions that the facility had undergone a rigorous permitting process and had its safety measures reviewed, the reality turned out to be starkly different.

The city was profiting from these battery burnings, receiving rents and per-burning episode fees from Energy Safety Response Group (ESRG), the company behind the battery burning operations. However, a revelation that these operations might have been happening under the wrong type of permit added fuel to the fire of public discontent.

City's Response and The Authorities’ Intervention

While Piqua City Commissioner Chris Grissom claimed to be unaware of any issues over the past five years, it became evident that city officials could no longer turn a blind eye to the rising tide of community concerns. Vice Mayor Kris Lee and Mayor Cindy Pearson both acknowledged the gravity of the situation.

This recognition seemed to culminate in a pivotal meeting on September 21st between City officials and representatives of the Regional Air Pollution Control Agency (RAPCA) and the Ohio Environmental Protection Agency. Although initial reports suggested that the permit for the battery burning operation was revoked, the official statement from the Ohio EPA was more measured, indicating that the fate of the operation would depend on additional information from ESRG.

In a decisive move on September 22nd, the City of Piqua announced the cessation of all ESRG operations, with the company given a deadline to vacate the site. This was soon followed by the issuance of a Notice of Violation to ESRG by the Ohio EPA.

The City’s Response

On October 13th, the City made the following response on one it’s social media pages about the ESRG burning site:

The City of Piqua is a safe, livable, and welcoming community with a proud history of fostering economic and community development initiatives while providing solid fiscal management.  There is no higher priority for each member of the City Commission and the staff leadership than to protect and serve our residents and businesses.

Beginning in 2018, the City of Piqua entered into an agreement with Bowling Green State University, State Fire School, to provide beneficial fire safety training for our fire department and other regional fire departments. The training was part of a research and development initiative to provide limited, small-scale testing of lithium-ion batteries in a controlled environment under a permit by the Regional Air Pollution Control Agency (RAPCA). The partnership was expected to increase the economic vitality of our city by adding jobs and other community benefits, in addition to valuable training and fire safety research.

At each stage, the operations were reviewed and permitted by the appropriate regulatory agency, the Ohio Environmental Protection Agency (Ohio EPA) and RAPCA. The testing continued with regular reporting between January 18, 2018, and September 22, 2023.

No citations or violations were issued to the City or Energy Storage Response Group (ESRG) by RAPCA or the Ohio EPA for the site during that period.

On September 19, 2023, it was discovered that ESRG had expanded its operations beyond the limitation of the air permit. Once identified, swift action was taken to notify the Ohio EPA and RAPCA. Because the operations had exceeded the scope of the issued permit, the Ohio EPA issued a Notice of Violation (NOV) to ESRG on September 27, 2023.

All ESRG operations ceased on September 22, 2023, and ESRG agreed to vacate the site. Access to the site is now being controlled by City personnel and ESRG has been given until November 22, 2023 to relocate.

At no point since 2018 has the Ohio EPA or RAPCA reported any concerns regarding our community's air, soil, or water related to the site.

We met with the Ohio EPA for an update this week, and there is no further action required at this time.

More Questions to be Answered

The statement leads to more questions than answers and frankly, further action in some areas is warranted.

The City claimed that it wasn’t until September 19th that a problem existed at the ESRG site.  However, a resident spoke in front of the commission on September 5th.  Was it only until other residents showed up on September 19th that the city made the decision to look into the concerns?  

What measures does the City have in place for effective oversight, and why wasn't this expansion noticed sooner, especially since these burns took place on city property?

Are there plans to conduct independent environmental assessments to address the environmental and public health concerns and ensure the continued safety of the community?

With ESRG vacating the site by November 22, 2023, what are the City's plans for the site going forward? Are there plans to repurpose it in a way that directly benefits the community and addresses their concerns?

In all fairness, the regulatory body that permits these operations is not the City of Piqua, but rather the Regional Air Pollution Control Agency (RAPCA) and the Ohio Environmental Protection Agency (Ohio EPA).  Both agencies work on complaints received and don’t have the capacity to proactively investigate violators.  They rely on the honesty and integrity of applicants and residents and communities to report things that don’t look right.  Furthermore, these agencies have a role to respond to complaints. The Ohio EPA admitted in correspondence that they have received 17 complaints since May 31st; that equates to about one complaint a week. Regulators could have easily done a better job.

Lessons Learned

But local government plays a unique and special role. Primarily, the burning took place on city-owned land and should have had a better handle on what was happening on property it owned. Furthermore, the City is often the only advocate the community has when dealing with state regulatory agencies.  While local governments must have a cooperative and cordial relationship with such regulators, it must also take a firm stand with these agencies as it stands up for its citizens, its businesses and its community and demand action when necessary.

The unfolding events in Piqua underscore the necessity for transparency and open communication between state regulators, city officials and residents. While commercial interests and economic gains are vital for a city’s growth, they should not come at the cost of environmental safety and community well-being.

Piqua's lithium-ion controversy is a potent reminder that community vigilance and active engagement can drive meaningful change. As the story continues to develop, one can only hope that it serves as a lesson for other communities facing similar challenges.

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