EPA Says New York State’s Push for (BESS) Ignoring Legitimate Local Safety Concerns

August 19, 2025

Contact Information

EPA Press Office (press@epa.gov)

WASHINGTON - Following U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin’s press conference in Hauppauge, New York yesterday on battery energy storage systems (BESS) concerns, Administrator Zeldin published an op-ed in the New York Post highlighting EPA’s first-of-its-kind federal safety toolkit for BESS. The toolkit provides communities with science-based best practices, spanning siting to emergency response, filling the critical gaps left by rushed state policies and developed in direct response to major BESS fires nationwide.

Lithium battery fires are among the most challenging environmental hazards, capable of reigniting even after they appear extinguished. Earlier this year, EPA demonstrated its unique expertise by completing the largest wildfire cleanup in agency history in just 28 days, safely removing more than 1,000 electric vehicles and bulk storage systems. EPA’s new toolkit is giving communities across the nation a voice on overlooked safety concerns.

Read what Administrator Zeldin had to say: 

“If Albany’s left-wing politicians are good at anything, it’s trampling sensible energy policies to pursue short-sighted partisan goals they’ll struggle to implement.

“The state has banned the safe extraction of natural gas, gas hookups in new construction and gas stoves, and is striving to end the sale of gas-powered vehicles in New York.

“Now, state Democrats are putting residents’ safety and well-being at risk with their reckless handling of Battery Energy Storage Systems.  

“These sprawling installations of lithium batteries have cropped up in our neighborhoods under the banner of 'green' progress.

“On Monday, I visited Long Island to speak with Hauppauge residents who oppose a proposed BESS site in their community.

“Locals have raised serious concerns about the potential for toxic emissions from the site and contamination of the Nissequogue River watershed, as well as its close proximity to residences, schools and playgrounds.

“The area’s volunteer fire departments lack the specialized training and resources needed to respond to lithium battery fires, which can burn for weeks and release hydrogen fluoride and other dangerous chemicals.

“These aren’t hypothetical risks.

“The San Diego Gateway fire involving nearly 15,000 lithium batteries burned for almost two weeks, requiring comprehensive environmental cleanup — taxpayer dollars spent to undo a preventable environmental disaster.

“Another California BESS fire in Moss Landing forced the EPA to install air monitors in nine locations across the entire community.

“From Suffolk County to Staten Island, Western New York and the North Country, New Yorkers have been vocal about their BESS safety concerns, but state officials have largely ignored them.

“In fact, Albany has sidelined local voices with a barrage of legislation that minimizes community input.

“The 2019 Climate Leadership and Community Protection Act set impossibly ambitious targets that even the state’s own Draft Energy Report admits cannot be met.

“The state allocated $350 million in tax incentives under this law to deploy 1,500 megawatts of energy storage this year and 3,000 MW by 2030, because energy derived from intermittent sources like wind and solar must be stored.

“Since then, 6,000 battery storage projects in New York have been connected to the electric grid, creating about 440 megawatts of storage capacity with an additional 1.3 gigawatts under contract — far behind the state’s lofty 6-gigawatt target.

“So Albany has doubled down with laws designed to bypass local zoning processes and speed up BESS development.

“In particular, the 2024 RAPID Act placed permitting authority for many projects under the Public Service Commission’s purview — taking the decision-making power away from municipal boards elected by communities where the projects will go.

“The new state-mandated regime instead established automatic approval deadlines that guarantee controversial BESS facilities can move forward.

“The RAPID Act gives state bureaucrats final say over projects of 25 MW or larger, even when local communities overwhelmingly oppose them.

“Host communities are reduced to spectators in their own backyards, stripped of the zoning authority that is part of the foundation of local government.

“New Yorkers should not be forced to accept BESS facilities without informed consent, robust emergency plans and fail-safe protections for schools, homes and hospitals. 

“That’s why the Environmental Protection Agency has announced the first-ever BESS federal safety toolkit, addressing such projects’ complete lifecycle — from siting through emergency response.

“Rather than dismissing community concerns, the agency is listening to Americans who have experienced these risks firsthand.

“The agency’s unique expertise, developed through EPA’s direct response to major BESS fires nationwide, provides the science-based guidance that rushed state policies like New York’s lack.

“For example, in wildfires across California and Hawaii, lithium-battery fires— capable of spontaneous reignition even after appearing extinguished — have created some of the most dangerous cleanup challenges.

“Earlier this year in Los Angeles, EPA completed the largest ever wildfire cleanup in agency history in just 28 days, safely collecting and removing more than 1,000 electric vehicles and bulk energy storage systems.

“Local fire departments are first responders. But EPA manages the environmental fallout of these fires, from monitoring to cleanup.

“While New York has rushed these facilities into communities across the state, EPA is providing the technical knowledge that local officials and first responders desperately need.

“EPA’s safety toolkit is a resource for communities contending with BESS risk. It is designed not only to protect our environment, but to empower local residents and officials to demand accountability and genuine safety standards for BESS facilities.

“New York’s race to deploy large-scale lithium battery storage has put speed over safety, installing industrial facilities in residential areas while bypassing local zoning laws and brushing off community input.

“The state itself admits it cannot meet the ‘green’ benchmarks that partisans have forced into law.

“Time for Albany to set those delusional goals aside — and put constituents’ voices, and their safety, first.”