Coal Ash

It’s a new fiscal year as of Tuesday, but the legislature has yet to reach an agreement on budget adjustments. 

The House and Senate are still at odds over how to spend money on education and Medicaid. 

Lawmakers are also trying to sort out a coal ash regulation bill, public records rules for charter schools, and higher penalties for prison inmates who get a hold of cell phones.

Members of a North Carolina House of Representatives committee are expected to debate on Wednesday a new proposal to prevent contamination from 33 coal ash ponds Duke Energy owns across the state.

The proposal, which was released to members of the House environment committee on Tuesday, would move a commission overseeing the cleanup under the oversight of the state Department of Environment and Natural Resources (under a previous proposal, the commission would have been independent) and grants the governor authority to appoint the chair of the nine-person body.

The state Senate is pushing a proposal that would close all of Duke Energy’s coal ash ponds in North Carolina. 

The plan lays out a timeline for Duke Energy to close the ponds, adds more oversight positions, and puts some restrictions on rate increases. 

It is part of an ongoing discussion about new regulations for utilities that use the ponds since 39,000 tons of ash spilled into the Dan River earlier this year.

Host Frank Stasio talks with WUNC capital reporter Jorge Valencia about the latest coal ash legislation.

The coal ash spill in the Dan River earlier this year turned a public spotlight on the issue of coal ash disposal. The challenges around coal ash waste have existed in communities throughout the nation for decades.

At the North Carolina General Assembly, key members of the Senate will take their first vote today on a coal ash proposal. Lawmakers have been grappling all year with possible contamination from 33 coal ash ponds Duke Energy has across the state.

The problem is not new. North Carolina has been accumulating coal ash for most of the past century. Power companies burn coal to generate electricity, cool off the remaining ash with water and then pour it into ponds and keep it there.

North Carolina’s General Assembly leadership is expected to begin negotiations this week to reconcile two proposals for the state’s $21.1 billion budget, a legislation that touches many aspects of government, but has centered on how to give pay raises to public school teachers.

The North Carolina General Assembly is entering its fourth full week in session, and the House of Representatives is expected to vote on the central task of the season: the state’s budget for the fiscal year starting July 1.

Members of the North Carolina Senate took up the issue of coal ash clean up Thursday. They heard the first public presentation of how the governor wants to address possible contamination from coal ash ponds across the state.

But before we get into the governor’s plan, here's the story of Sherry Gobble and why coal ash might be a problem.

Two Republican lawmakers introduced a bill to the North Carolina Senate last week to cut back on the threat of coal ash pollution in North Carolina. 

Duke Energy’s North Carolina CEO told lawmakers this week that addressing the disposal of coal ash at the 33 ponds across this state could take years. He said the proposal to move the waste to lined sites could cost up to 10 billion dollars. Environmentalists say the issue must be addressed immediately. Host Frank Stasio talks with a journalist roundtable about the latest on coal ash, other environmental issues and Moogfest. 

Duke Energy told North Carolina law makers Tuesday that it would cost up to $10 billion and could take 30 years to remove all the company’s coal ash from areas near rivers and lakes across the state.  

In a hearing called specifically to address the coal ash basins, Duke’s North Carolina President Paul Newton told law makers the company needed flexibility to find faster and less costlier alternatives to ensure its ash won’t contaminate bodies of water.

The North Carolina Mining and Energy Commission has finalized their recommendations on fracking in the state to the General Assembly. Critics argue the commission needs more time as the health effects of fracking are unknown. In addition, the state commission tasked with deciding the methods of Jordan Lake clean-up remains undecided on next steps. And Governor McCrory proposes legislation to close or convert the state’s 33 coal ash ponds. 

A North Carolina environmental agency is appealing a recent ruling that called for immediate action to stop groundwater contamination, caused by coal ash.

The Environmental Management Commission (EMC) is a state regulatory panel. Its members are currently appointed by three republican lawmakers. Two years ago the EMC said it didn't have the authority to force Duke Energy to clean up the causes of groundwater contamination at 14 sites around the state. Environmentalists filed a lawsuit, claiming the EMC wasn't properly reading or enforcing the law. State judge Paul Ridgeway agreed with that take last month, telling the agency it had authority to mandate that Duke deal with contaminants.

Now, that same agency is appealing the judge's ruling. 

"So the state is now on the same side of this appeal as Duke Energy, defending Duke against our effort to enforce the law against them," said DJ Gerken, an attorney with the Southern Environmental Law Center, who called this appeal astonishing. 

Debate over the clean-up of the February coal ash spill that dumped nearly 39,000 tons of potentially toxic waste in the Dan River last February continues. The full effects on tourism and agriculture are not fully known and environmentalists continue to debate the best methods of clean-up. At the same time, a federal investigate examines the relationship between Duke Energy and the Department of Environment and Natural Resources. Host Frank Stasio talks with WUNC's Greensboro Bureau chief Jeff Tiberii about the latest. 

Leaders of the Moral Monday movement focused on coal ash during a town hall meeting in Eden. The 'Moral Monday' event consisted of two panels of people to discuss the health, environmental and economic impacts of the coal ash spill that originated in Eden, near the Virginia border almost two months ago. As much as 39,000 tons of potentially toxic ash poured into the Dan River when a metal pipe running through a Duke Energy coal ash dump, ruptured. The ash has been found as far as 70 miles downstream. Some of the ash at the spill site in Eden has been removed by the utility.

 The Greensboro City Council approved a plan directing $65 million toward the development of a performing arts center in Greensboro. Similar venues in Durham and Charlotte have brought revenue and recognition to the cities. Greensboro leaders hope their investment will yield similar rewards. 

Officials with the Department of Environment and Natural Resources (DENR) have announced they are abandoning a proposed settlement with Duke Energy over the clean-up of coal ash. The proposed settlement would have levied Duke with a $99,000 fine, but had no requirement to remove or clean-up coal ash at two sites in the state. 

A federal grand jury has been impaneled to hear evidence about the relationship between Duke Energy and the Department of Environment and Natural Resources (DENR). At the same time, that state agency is investigating the discharge of water by the utility at a site in Chatham County. Guest host Phoebe Judge talks with WUNC's Jeff Tiberii about the latest developments on The State of Things today.

First, the court proceedings:

The highly criticized relationship between Duke Energy and DENR is the focus of the federal investigation. The U.S. Attorney's office is demanding that Duke Energy and the Department of Environment and Natural Resources hand over records of wire transfers, receipts and any items of value that might have passed between the two.  Twenty current and former state employees have been called to testify before a grand jury about their relationship with Duke Energy. The company and state utility commission also received subpoenas. 

The CEO of Duke Energy sent a letter this week to Governor Pat McCrory and the Department of Environment and Natural Resources (DENR) outlining the company's plans for coal ash clean-up in the state.

Duke says the letter is a big deal.

DENR described it as inadequate.

A group of elected Democrats will detail their plans for the clean-up of coal ash Thursday afternoon in Raleigh. Democrat Pricey Harrison of Guilford County has introduced legislation a half dozen times to require the clean up of the potentially toxic coal ash at 14 Duke Energy-owned sites around the state. Her efforts have never advanced through the legislature.

In the immediate aftermath of last month’s Duke Energy coal ash spill, concerns were raised about the existence of similar pipes at other ponds around the state. Yesterday, the North Carolina Department of Environment and Natural Resources, DENR, confirmed the presence of eight additional corrugated metal pipes at Duke Energy coal ash ponds.