Coal Ash Disposal in North Carolina: The Road after Eden

Abstract

Coal ash legislation came to North Carolina in the wake of two significant spills, one at the nearby Tennessee Valley Authority coal power plant in Kingston, Tennessee, and another at the Dan River Steam Station along the Dan River in the town of Eden, North Carolina. These two events, combined with an impending study by the USEPA, would galvanize the North Carolina General Assembly to pass Senate Bill 729 (the Coal Ash Management Act). This bill mirrors the federal system of prioritizing the different energy utilities based on their hazard potential and eventually terminating their use as power production and coal ash storage facilities. Additionally, the act created a coal ash management commission and the process for confirming members. In summation, this legislative step shows the North Carolina General Assembly taking concrete steps to address a problem in the handling of coal combustion residuals. In North Carolina, however, only time will tell if these measures are substantial enough to ward off another Eden.