EPA reaches deal with Duke to clean river coal ash

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RALEIGH, N.C. (AP) — Federal environmental officials said
Thursday that they have reached a deal with Duke Energy to clean up its
mess from a massive coal ash spill into the Dan River that coated 70
miles of the waterway in North Carolina and Virginia with toxic gray
sludge.
The U.S. Environmental Protection Agency announced it had
finalized an enforceable agreement with the nation’s largest electricity
company over the Feb. 2 spill that was triggered when a pipe collapsed
at Duke’s Dan River Steam Station.
EPA will oversee the cleanup in
consultation with federal wildlife officials under provisions in the
Superfund law. Duke will reimburse the federal government for its
oversight costs, including those incurred in the emergency response to
the spill.
"EPA will work with Duke Energy to ensure that cleanup
at the site, and affected areas, is comprehensive based on sound
scientific and ecological principles, complies with all Federal and
State environmental standards, and moves as quickly as possible," said
Heather McTeer Toney, the EPA’s regional administrator based in Atlanta.
"Protection of public health and safety remains a primary concern,
along with the long-term ecological health of the Dan River."
The
agreement makes no mention of any fines imposed against Duke, which has
its headquarters in Charlotte. EPA did not immediately respond to
questions Thursday about whether any civil penalties could still be
forthcoming.
Duke called the agreement "a significant milestone"
in the company’s "ongoing efforts to restore and monitor the Dan River
and surrounding environment. "
"Duke Energy is fully committed to
the river’s long-term health and well-being. River water quality has
returned to normal and drinking water has remained safe," spokesman Dave
Scanzoni said Thursday in an email.
Scanzoni didn’t immediately
respond to questions about the EPA’s statement in the agreement, which
said that without the cleanup, the spill would continue to pose a
"substantial threat to public health" and the environment.
Frank
Holleman, senior attorney for the Southern Environmental Law Center,
said Duke has tried to downplay the effects of the spill, acting like
"it was no big deal." But he said the EPA doesn’t enter into a Superfund
agreement "when there is nothing to be concerned about."
Superfund is the name given to the environmental program established to address abandoned hazardous waste
sites.
"The
Superfund statute isn’t involved unless it’s something serious.
Superfund isn’t invoked when someone just spills sand and dirt into the
river. The very fact that the EPA is using the Superfund statute
underscores the serious nature of what happened," he said
Recent
testing of water samples from the river show the level of contamination
decreased quickly after the spill as the ash and the toxic heavy metals
it contains sank to the bottom. Duke has already begun vacuuming out
three large deposits of ash found in the river, including a pocket that
collected at the bottom of a dam in Danville, Va.
The byproduct
left behind when coal is burned to generate electricity, the ash
contains numerous toxic substances, including arsenic, selenium,
chromium, thallium, mercury and lead. Wildlife officials will be
collecting tissue samples from fish in the Dan to monitor whether the
contamination works its way up the food chain. Public health officials
in both states have advised residents not to eat fish caught downstream
of the spill site.
"Conditions resulting from the coal ash release
at the Dan River Steam Station present a substantial threat to public
health or welfare and the environment if not properly managed," the
agency states in the agreement signed Thursday. "The coal ash contains
hazardous substances, which may be re-suspended in the water column, and
can have impact on the aquatic environment. Human exposure may occur
should large deposits of ash accumulate on areas used for recreation."
The agreement warns that any delay in the cleanup could cause serious problems.
"Actual
or threatened releases of hazardous substances from this site, if not
addressed by implementing the response action selected in this Action
Memorandum, may present an imminent and substantial endangerment to the
public health, welfare or the environment," the agreement says.
The
agreement does not appear to resolve a criminal investigation into the
spill and the company’s close relationships with North Carolina
politicians and regulators. Federal prosecutors issued at least 23 grand
jury subpoenas after the spill to Duke executives and state officials.
Separately,
North Carolina lawmakers are debating a measure about what to do with
Duke’s 33 ash dumps at 14 power plants in North Carolina, which are
located along rivers and lakes that cities and towns rely on for
drinking water. State environmental officials say all of Duke’s unlined
waste pits, which contain more than 100 million tons of ash, are
contaminating groundwater.

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