Citizen-Times viewpoint

The Environmental Protection Agency is preparing to regulate coal-ash disposal for the first time. Those regulations must be as strict as practical.

In this part of the country, people know full well the dangers in improper ash disposal. In 2008, a Tennessee Valley Authority impoundment containing 1.1 billion gallons of coal ash ruptured, sending the ash into the Clinch River near Knoxville.

That remains the largest ash spill in history, but this is no comfort to people along the Dan River in North Carolina and Virginia. A Duke Power pond malfunctioned in February, dumping 80,000 tons of coal ash and 27 million gallons of contaminated water into the river. The short-term issue was gray water; the long-term effects still are not known.

"Coal ash typically contains heavy metals" according to Physicians for Social Responsibility. "These toxicants can cause cancer and nervous system impacts. They can also cause heart damage, lung disease, respiratory distress, kidney disease, reproductive problems, gastrointestinal illness, birth defects, and impaired bone growth."

Heretofore, ash ponds have been regulated by the states. To cynics, "not regulated'' would be a better term. In North Carolina, Duke has been allowed to maintain 31 coal-ash ponds at 14 locations, including two at Duke Power's Lake Julian plant. Inquiries into violations would result in penalties that critics saw as mere wrist-slaps.

The Dan River spill was a wake-up call. The General Assembly issued new coal-ash regulations that were a substantial improvement over the status quo. Unfortunately, those rules allow most ponds to be left in place. Also, they do not say who pays for cleanup, allowing Duke potentially to pass the cost along to its customers.

The Environmental Integrity Project and other environmental groups feel EPA must take over. "Federal enforcement is necessary because states have demonstrated repeatedly that they are unwilling or unable to mandate safe coal ash disposal," EIP says.

The environmentalists also want mandatory cleanups of all coal-ash ponds, including those no longer receiving new ash, and an end to wet coal ash disposal. Cleanup standards should be clear and there must be deadlines after which a pond must be closed. Operating permits should be required for all coal-ash dumps.

Further, the environmentalists insist structural fills, such as the ones at Asheville Regional Airport, be regulated. The airport fills appear to be well-designed, with liners and earthen caps, but others may not be.

It's not just the big spills that cause problems. EIP had documented 137 cases of coal-ash pollution in 34 states as of 2010. At four of the five sites examined by EIP, drinking water had been contaminated.

EPA will consider two options, according to EIP. One is a series of tough measures similar to what environmentalists want. These "would require deadlines for the closure of all ash waste ponds across the U.S., as well as the eventual closure and clean-up of all legacy landfill sites," EIP says.

"The federal rules would also require composite plastic liners to ash landfills to prevent leaking; include rules to prevent blowing dust; impose mandates for structural stability; and create requirements for permits, monitoring, and public hearings for new ash landfills."

The other option is to maintain essentially the status quo.

The best solution is to stop burning coal at power plants. The Lake Julian power plant should be converted to burn natural gas, which would benefit air quality as well as removing the danger of a spill into the French Broad River once existing ponds are removed.

Short of that, there must be strict regulations on coal-ash storage. Considering the states' record in this regard, those regulations must be federal.