When elections are just around the corner, controversial bills are often left until after the election. This may be the fate of a much-discussed coal ash bill being debated by the North Carolina legislature. Earlier this month, North Carolina lawmakers left for a two-week recess without passing a bill that would have forced Duke Energy to clean up its 33 coal ash storage sites across the state.

Coal ash is the waste left over when coal is burned to produce electricity, and according to the U.S. Environmental Protection Agency (EPA), it is one of the largest waste streams generated in the United States. Coal ash is typically collected by pollution control equipment and then either stored in landfills or storage ponds or reused, often in concrete.

Although it contains heavy metals and other substances known to cause health problems, sometimes including human carcinogens, coal ash is not legally considered a hazardous waste, and no federal regulations currently exist regarding its management. In 2010, EPA published a proposed rule regarding the disposal of coal ash, but the rule has not yet been finalized. North Carolina is the first state attempting to create a comprehensive coal ash management program before the EPA’s final rule is issued, supposedly in mid-December 2014.

Charlotte-based Duke Energy has more than 100 million tons of coal ash stored in 33 unlined pits scattered across 14 coal-fired power plant sites in North Carolina. In February, more than 39,000 tons of stored coal ash poured into the Dan River when a stormwater pipe under Duke’s former Dan River Steam Station failed. State regulators say the company’s ash pits are contaminating groundwater and pose a risk to nearby rivers and lakes, and both the legislature and Governor Pat McCrory (R) have claimed that cleanup is a top priority.

Duke Energy Dan River coal ash spill site

Duke Energy’s Dan River Steam Station site and ash basin, courtesy of USFWS/Steven Alexander.

Six months after the Dan River spill, several points of disagreement have prevented the House and Senate from approving a bill focused on oversight of the coal ash pits. One issue involves how to handle ponds where the ash sits below the water table. Another relates to determining the risk level of the different sites and what kind of action will be required at sites deemed low-risk. Another point of contention is how many members the Governor and the legislature will appoint to a newly created Coal Ash Management Commission and who will oversee the new commission. The House approved a version of the bill with the Department of Environment and Natural Resources overseeing the commission, but the Senate prefers to have the Department of Energy Management in charge. It’s a major sticking point that may not be overcome anytime soon.

The Senate voted on August 1 to adjourn until August 14. The Senate will return again November 17 specifically to discuss the coal ash bill and other unfinished business. The adjournment once again brought the rift between the House and Senate on coal ash management to the forefront of state politics.

NC House Speaker Thom Tillis, a Republican U.S. Senate candidate, encouraged legislators to compromise and vote for the bill, even if they disagree with some provisions. As he told them, “This is unlike anything that’s been done in any other state. You have an opportunity to vote for something that’s historic.”