Final coal ash classifications issued, ability to reconsider requested

 

The N.C. Department of Environmental Quality (DEQ) today released its final risk classifications for Duke Energy’s 34 coal ash pits in the state. In accordance with the Coal Ash Management Act of 2014, these classifications determine the timeline and method Duke Energy must use to close the coal ash pits.  

Today’s decision by the Department listed 8 sites as high risk and 25 as intermediate risk. None were listed as low priority, which would have meant that the ash could have been left in unlined pits and capped in place, allowing continued pollution of groundwater. The McCrory administration also requested the ability to revisit the classifications in 18 months.

“In light of overwhelming public comment asking that no community be treated as low priority, we are encouraged by today’s announcement,” said Molly Diggins, State Director of the NC Sierra Club.

“Today’s classifications are a testimony to the persistence of committed and engaged communities advocating for safe drinking water,” said Emma Greenbaum, organizing representative for the Sierra Club’s Beyond Coal campaign in North Carolina. “While today’s announcement represents a significant step forward, families living near coal ash ponds will continue to face uncertainty about their drinking water until the coal ash is removed and stored away from water sources.”

But the Sierra Club also expressed concern over DEQ’s unusual request to the legislature to be given the authority to change the classifications in 18 months.  For the coal ash pits classified as high risk, Duke Energy must excavate the ash and move it to dry lined storage with a monitoring system by Dec. 31, 2019.  Intermediate sites must undergo the same process by Dec. 31, 2024.  If the legislature agrees to DEQ’s request, the deadline for closure plans for intermediate-risk sites would bump up against possible changes of classification.

“Without further information, the McCrory administration’s request to the legislature to be able to revisit the classifications in 18 months appears to be a request for unilateral decision making.  It’s unclear what oversight or public input there will be if these classifications can be revisited immediately before the deadline for closure plans. This is exactly what the legislature sought to avoid when drafting the Coal Ash Management Act,” Diggins said.

“We need to clean up coal ash pollution,” Greenbaum said. “However, today is another reminder that the only safe and final solution will be to move off of fossil fuels and onto clean energy solutions. It’s the best way to ensure that communities are protected from the risks posed by dirty energy sources like natural gas and coal.”