First anniversary of North Carolina coal ash law

Press release from the North Carolina Department of Environment and Natural Resources:

The state environmental agency has made great strides to address the decades-old problem of coal ash and meet the aggressive deadlines established by the Coal Ash Management Act, or CAMA, in the one year since the law was enacted.

The Coal Ash Management Act, which was enacted Sept. 20, 2014, sets the state on a path to cleaning up the state’s coal ash ponds by strengthening environmental and health regulations. It put Duke Energy on a timetable to close all its coal ash ponds, closed loopholes in state law to strengthen the state’s ability to regulate the ponds, eliminated special exemptions for utilities and increased regulatory authority to ensure dam safety and protect water quality.

“Thanks to this administration’s vision and leadership, North Carolina is a national leader in coal ash management,” said Tom Reeder, assistant secretary for the N.C. Department of Environment and Natural Resources, or DENR. “The progress that our state has made in such a short period of time on this long ignored issue is a testament to the hard work and commitment of DENR employees, but our work is far from over. We will continue to devote significant resources to address this issue until every coal ash impoundment in the state is closed safely, securely and in a manner that protects the environment and public health.”

Governor Pat McCrory set North Carolina on a path to address the safe cleanup of coal ash when he developed the framework for CAMA and later issued Executive Order 62.

Coal ash excavation and removal began earlier this year at the Riverbend facility just outside Charlotte. North Carolina was the first state in the nation to seek and receive federal approval for the new permits required to move coal ash. The state has worked with the Environmental Protection Agency, or EPA, for more than a year and is awaiting the EPA’s concurrence on several state-approved permits to move forward with dewatering and excavation activities. The EPA’s inability to determine how to handle this problem nationally has delayed DENR’s ability to issue certain permits critical to pond closure.

Addressing coal ash at facilities across North Carolina

A major thrust of DENR’s work has been gathering comprehensive scientific data about coal ash facilities statewide. The information will enable DENR to prioritize closure plans for all coal ash impoundments. Sites already defined under CAMA for excavation are the Asheville Steam station, Riverbend Steam Station, Dan River Steam Station and Sutton Power Station. CAMA mandates a transparent process guided by public involvement in decisions related to the closure of Duke Energy’s coal ash impoundments. CAMA requires that environmental impacts and economic costs be considered in the closure plans. Since the law’s enactment, DENR has overseen the:

• Inspection of all dams at coal ash impoundments and the review of repair plans for all 63 areas of concern.
• Inspection of all permitted and unpermitted discharge points at coal ash impoundments.
• Video-scoping inspection of all stormwater and wastewater piping at coal ash impoundments.
• Modification and review of all wastewater and stormwater discharge permits for the coal ash facilities.
• Public hearings held between March and September to gather comments on NPDES permits for Marshall, Riverbend, Sutton, Dan River and Allen facilities.

Closing the coal ash impoundments

The Coal Ash Management Act puts Duke Energy on a timetable to close all of its coal ash ponds. The law requires Duke Energy to close all the ponds using a risk-based schedule. The site-specific plans will be prioritized based on risk-based factors. The agency has taken the following actions related to prioritizing the ponds for closure:

• DENR received all 14 site assessments by the Sept. 9 deadline and is reviewing the reports for completeness.
• The site assessments contain sampling data from more than 900 wells drilled at each coal ash facility across the state.
• In March, the state agency held public hearings to gather comments on applications for coal ash reuse as structural fill in open-pit clay mines in Lee and Chatham counties. These applications request permission to create engineered structures such as berms, channels, haul roads, rail spurs, leachate collection systems, groundwater monitoring systems, and lined containment areas to safely handle and store coal ash.
• Reuse projects are underway for coal ash at the Asheville Power Plant for structural fill and beneficial reuse at the Asheville Regional Airport.

Environmental assessments

State officials have required Duke Energy to provide a series of comprehensive site assessments. Duke Energy has provided the state with preliminary information about coal ash impacts surrounding the 32 coal ash impoundments and the structural integrity of all dams, piping systems and other infrastructure at each facility. Each report is in excess of 5,000 pages and is being reviewed by the department to determine the extent of groundwater contamination. Other actions completed include:

• Public and private drinking water wells within 1,500 feet of each facility have been tested for constituents that could indicate the presence of any contamination associated with coal ash.
• Well owners have been provided individual reports and health recommendation consultations from the N.C. Department of Health and Human Services.
• A well water reconnaissance study was conducted by DENR to give state officials a better understanding of groundwater makeup around each coal ash facility.
• Once state officials have reviewed the comprehensive site assessments, Duke Energy will have up to 180 days to submit a proposed Groundwater Corrective Action Plan to the department for review and approval.

Enforcement actions

In 2013, DENR took civil action by filing four lawsuits for violations of state law regarding unlawful discharges and groundwater contamination at all 14 Duke Energy facilities. Following the coal ash spill at the Dan River, DENR announced a partnership with the EPA in a joint enforcement effort to hold Duke Energy accountable for violations of the Federal Clean Water Act. In November 2014, DENR moved to increase regulatory oversight and groundwater protections around Duke Energy’s Sutton facility by reclassifying Lake Sutton as “waters of the state” and enacting more stringent water quality standards.

• DENR issued notice of violations at two Duke Energy coal ash facilities that demanded immediate cleanup efforts and later issued the state’s largest ever penalty for environmental damages.
• DENR fined Duke Energy a record $25.1 million for coal ash contamination around its Sutton facility in March 2015.
• In June 2015, DENR took enforcement action in response to environmental permit violations by issuing a notice of violation at an open-pit clay mine in Chatham County that is being prepared to hold coal ash.
• A week later, DENR issued a notice a regulatory requirement to Duke Energy to halt the spread of coal ash contamination near the Sutton plant. That move complemented the $25.1 million fine by ordering Duke Energy to stop the further spread of any groundwater contamination.
• In accordance with CAMA, DENR has increased regulatory oversight at every coal ash facility, enhanced environmental protections through the facility inspection processes, reopened its stormwater and wastewater permitting requirements for additional oversight, inventoried every metric ton of Duke Energy coal ash in the state and identified every coal ash seep at every facility.