Coal Ash

When utility companies burn coal to make electricity — and it generated 39 percent of U.S. energy in 2013 — it leaves behind ash that can contain arsenic, selenium, boron and many other toxic substances.

North Carolina Governor Pat McCrory
wikipedia

Leaders of the North Carolina General Assembly violated the separation of powers among the three branches of government when they created three commissions in which lawmakers appoint the majority of the members, a judicial panel said on Monday. 

A picture of a coal ash pond.
Waterkeeper Alliance

    

This week, Duke Energy has paid $171 million to shareholders and the state of North Carolina.

The first bill was for $146 million to settle a lawsuit that claimed the company misled shareholders when it agreed to a merger with Progress Energy in 2012. The other $25 million was a fine from the state for spilling coal ash at a power plant in Wilmington.

Meanwhile, the conversation continues about how to dispose of the coal ash sitting at 14 sites across the state.

Guest host Phoebe Judge gets an update from WUNC environment reporter Dave DeWitt.

sutton power plant
Duke Energy

The North Carolina Department of Environment and Natural Resources has fined Duke Energy more than $25 million over coal ash leaks at a retired power plant in Wilmington. 

According to DENR, it’s the largest environmental fine in the state’s history – five times higher than any previous fine. It is punishment for coal ash leaching into the ground water at the Sutton Power Plant over several years.

Contaminants included arsenic, selenium, and boron. 

PHOTO: The coal ash pond at the Duke Energy power plant by the Dan River
NC Department of Environment and Natural Resources

A deal has been reached to end a federal grand jury investigation into Duke Energy over the Dan River coal ash spill.

"We are accountable for what happened at Dan River and have learned from this event," said Lynn Good, president and CEO of Duke Energy, in a statement. "We are setting a new standard for coal ash management and implementing smart, sustainable solutions for all of our ash basins.”

The Dan River bank with residual dark grey coal ash.
Steven Alexander / USFWS

Duke Energy says it is close to a settlement with federal authorities over the Dan River coal ash spill.

After the spill last February, U.S. Attorney Thomas Walker launched a grand jury investigation.

In an earnings conference call this morning, Duke Energy CEO Lyn Good said that a $100 million settlement could be filed in the coming days.

North Carolina will be missing out on $51 billion from Mediciad because they chose not to expand coverage.
http://eofdreams.com/money.html

State Senators are allocating money to fight a lawsuit and fund commissions. Here's how the money would be spent:

Tom Augspurger (l), USFWS, taking core sample during February 8th reconnaissance of Dan River coal ash spill. (l-r) Tom Augsperger, USFWS, John Fridell, USFWS, Rick Smith, Duke Energy. Photo by Steve Alexander, USFWS..
Steve Alexander / USFWS

In retrospect, running a storm pipe under an unlined coal ash pit was a bad idea. One year ago today, such a pipe under such a pit leaked 39,000 tons of toxic ash into the Dan River.

A week after the spill, Duke Energy spokesman Jeff Brooks all but admitted the design was flawed.

“It was not a design that we placed in our other plants, certainly, and it was not the original design of the plant,” he said then. “So it’s something we’ll have to look at in our investigation.”

CAMC
Dave DeWitt

For a century, utility companies in North Carolina simply dumped coal ash in nearby pits and ponds. But within the last several decades, other states have found uses for coal ash in construction and road-building, limiting the amount that makes it into the landfills.

During its second full meeting Wednesday, the Coal Ash Management Commission heard the many ways states like Wisconsin, Ohio, and South Carolina are reusing coal ash.

A Duke Energy power plant and coal ash ponds outside Asheville.
Zen Sutherland

Coal ash and fracking will dominate the environmental headlines this year. But the story will be different in the Legislature, where as much news will be made by what’s not discussed as by what is.

Some observers believe that the Renewable Energy Portfolio Standard that has been such a contentious issue in years past may not come up at all this session. It requires utility companies to generate 12.5 percent of its electricity using renewables by 2021.

The REP Standard first passed in 2007 and sustained a Republican challenge in 2013.

US Fish and Wildlife Service responds to coal ash spill on Dan River
USFWS

The Environmental Protection Agency came out today with its first-ever regulations for coal ash.

The new rules treat coal ash like regular household garbage, instead of hazardous waste, as many environmental groups wanted. The EPA said the record did not support a hazardous-waste classification.

Coal ash is the byproduct when coal is burned for electricity. It contains arsenic, selenium, and other materials that can be harmful to humans.

coal ash
Dave DeWitt

Last night, Duke Energy employees hadn’t yet set up all their tables along the walls of the first-floor hallway of the Lee County Arts and Community Center when Mark Coggins walked in.

And he was here for one reason.

“To see if we can stop the coal ash from coming to Lee County,” Coggins said.

A lifelong resident of Sanford, Coggins is not what you’d call open-minded on the issue.

coal ash
Steve Alexander, USFWS

Politicians, regulators, engineers, and commissions are trying to decide what to do with the 100-million tons of coal ash in 32 pits and ponds across North Carolina.

Before a broken storm pipe caused 33,000 tons of coal ash to spill into the Dan River back in February, most people had never heard of it.

So what is coal ash? How dangerous is it? And what are we going to do with it?

Question #1: What is coal ash?

A map of Duke Energy's 14 coal ash sites and their operational status in 14 energy plants across the state.
Duke Energy

Duke Energy’s plan to dispose of coal ash in abandoned clay mines in two North Carolina counties may hit a snag.

If coal waste was trash from your kitchen trash can, and ended up in a private landfill, the owners of that landfill would be required to pay a host fee of $2 per ton of trash.

Duke Energy’s plan to dispose of 20 million tons of coal ash in abandoned clay mines in Lee and Chatham counties should come under the same rules, say officials in Lee County.

Pat McCrory
Dave DeWitt

Governor Pat McCrory has filed a suit against House Speaker Thom Tillis and Senate Leader Phil Berger, saying he's trying to stop them from usurping executive powers.

The lawsuit, filed in Wake County Superior Court, alleges violations of the separation of powers, executive power, and appointments provisions of the state Constitution, the Raleigh News & Observer reported. Former governors Jim Hunt, a Democrat, and Jim Martin, a Republican, joined McCrory in the filing.

CAMC
Dave DeWitt

The North Carolina Coal Ash Commission has begun the process of creating rules and regulations to manage the cleanup of Duke Energy’s 32 coal ash ponds.

The Commission has a huge job. Among other things, Commission Chair Michael Jacobs made it clear that cost will be a consideration.

“To the extent that cleanup costs are passed on to the residents and businesses of North Carolina through higher power rates, everyone who uses power will share the expense,” Jacobs said.

Duke Energy has said it would cost $10 billion to move coal ash from all sites.

Craig Bromby
Hunton & Williams LLP

A lawyer advising North Carolina's environmental agency on rewriting clean-up rules for Duke Energy's coal ash dumps previously represented the electricity company on the same issue.

Craig Bromby was hired in June at the Department of Environment and Natural Resources. He retired in March as a partner at the Raleigh office of Hunton & Williams, where his corporate clients included Duke.

Photo: A camera attached to a remote control airplane
Chris Goldberg / Flickr/Creative Commons

A series of laws passed by the General Assembly this summer will go into effect today, affecting areas of construction, pollution and privacy. The variety in legislation reflects the broad reach of the state House and Senate this year.

Coal Ash

Duke Energy workers hammered and drilled along the Dan River boardwalk Wednesday morning.
Jeff Tiberii

Duke Energy is putting $10 million toward the improvement of waterways in five Southeastern States. The new Water Resources Fund was introduced Wednesday at multiple news conferences.  Duke has also announced plans to remove coal ash from three unlined dumps in South Carolina. But there is no immediate timetable for such removal in North Carolina. This comes almost eight months after the third largest coal ash spill in U.S. history.

Environment NC
Dave DeWitt

Environmental groups are putting pressure on Governor Pat McCrory to do more to clean up coal ash across the state. Environment North Carolina delivered a petition with 40,000 signatures to his office today.

Legislation goes into effect today that directs Duke Energy to clean up coal ash at the four pits deemed to be the highest risk. The law gives Duke 15 years to complete the clean-up.

Environmentalists say that doesn’t go far enough.

On February 2, between 50,000 and 82,000 tons of coal ash and 27 million gallons of ash pond water waste were released at Duke Energy’s Dan River Steam Station (pictured above) north of Eden, N.C.
Steven Alexander / USFWS

Governor Pat McCrory says he'll allow a coal ash management plan to become law without his signature.

The governor says Duke Energy needs to take action as soon as possible. It needs to take care of the coal ash that's in ponds across the state. But that doesn't mean the governor is happy with the plan.

"I am letting the bill become law without signing it because there are major deficiencies that need to be corrected," he said in a recorded statement.

Aerial photo: Duke Energy's coal burning facility near Salisbury, N.C.
Waterkeeper Alliance

Officials at the state Department of Environment and Natural Resources have filed suits and threatened to fine Duke over coal ash contamination.

Attorneys from the Southern Environmental Law Center are focusing on plants in Chatham, Rowan and Wayne counties. Attorney Frank Holloman says the toxic hexavalent chromium has been seeping from the Buck Steam station in Rowan County.

"All of these are substances you do not want in these quantities, in your drinking water, in your body, in what your children eat or drink, or for that matter in your fish and wildlife."

Photo: Duke Energy's coal-fired Buck Steam Station in Rowan County.
Duke Energy

Environmentalists say they plan to sue Duke Energy over coal ash pollution from power plants, after the state environmental agency said it does not plan to take new legal action against the utility company.

Lawyers at the Southern Environmental Law Center first said in early July that they wanted to file a lawsuit. They said Duke was violating the federal Clean Water Act at the Buck Plant in Rowan County, the Cape Fear Plant in Chatham County, and the H.F. Lee Plant in Wayne County.

A map of Duke Energy's 14 coal ash sites and their operational status in 14 energy plants across the state.
Duke Energy

The North Carolina Department of Environment and Natural Resources plans to fine Duke Energy for groundwater contamination from two coal ash ponds near Wilmington.

State officials decided to fine Duke as they wait for the outcome of legal action against the utility company.

In lawsuits filed last summer, officials say Duke has illegally leaked toxic chemicals like thallium from coal ash ponds.

These are 33 basins across North Carolina full of ash left over from burning coal. Two of these basins are at the L.V. Sutton Electric Plant in New Hanover County.

A Duke Energy power plant and coal ash ponds outside Asheville.
Zen Sutherland

Governor Pat McCrory says he plans to sign a bill to manage North Carolina’s coal ash ponds. But he may also challenge a key part of it.

The governor played a role this summer when members of the House and Senate were crafting the  plan. He made suggestions of his own on what to do with Duke Energy's 100 million tons of coal ash.

The bill is now on his desk. Over the weekend, on the talk show NC Spin, his support for it was cautious.

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