North Carolina’s coal ash legislation is only a few months old, but the Yadkin River’s environmental group says the state could do more to address the issue locally and statewide.

When it passed in late August, the legislation set a number of rules for coal ash. Most were aimed directly at Duke Energy, the largest power holding company in the U.S. The legislation created a Coal Ash Management Commission, required Duke to provide private well testing and set priority levels for cleaning up coal sites. Rowan County’s Buck Steam Station wasn’t deemed a high risk site and, therefore, won’t be required to be excavated and placed in a lined landfill by 2019.

“We think that the coal ash needs to be removed from pits, from the groundwater and the river and should be treated same as municipal waste,” said Yadkin Riverkeeper Will Scott. “Coal ash should be placed in a lined landfill so it can’t mix with groundwater.”

Scott said the Department of Environment and Natural Resources and Duke Energy still have more work to do to address coal ash across the state. One of his concerns is that more hasn’t been done to address cleanup on High Rock Lake, as it wasn’t immediately placed in the highest category of cleanup priority.

DENR has until the end of 2015 to divide coal ash sites into high-, intermediate- and low-risk categories. As the priority levels decrease, the amount of time allowed for eventual closure of coal ash sites increases.

Scott said he’d like to see the Coal Ash Commission take a more direct approach at addressing the problem, calling the latest discussion on beneficial uses of coal ash an “industry greenwash.”

In its first meeting — held in November — the commission was sworn in. Topics during the first meeting included: an overview of coal ash production and storage from a Duke Energy representative and DENR overviews of various rules and risks.

The second meeting, held Wednesday, was dedicated to addressing beneficial uses of coal ash. One presentation also addressed if the commission could raise rates in relation to beneficial uses. Some of the beneficial uses described during the meeting included: makeup, asphalt and snow and ice control. On roads, coal ash material would be used as a filler and a middle layer.

Chris Hardin, who works for engineering firm CH2M, presented about beneficial uses during Wednesday’s meeting and said coal ash would be “much safer in concrete than in ponds.”

Coal Ash Management Commission Chairman Michael Jacobs said during a break in Wednesday’s meeting that the commission is first and foremost concerned about gathering scientific data before making any decisions.

“We are focused on the science and, so, we are going to be agnostic about politics,” Jacobs said. “We’re going to look at the facts. You’ve got to look at this on a holistic basis and you have to look at the states interest and everyone across the state. That means not everyone can be first.”

He said multiple aspects of different issues would have to play into any prioritization decision.

“We’re going to do our best to categorize these ponds in a way that deals with the environmental risk and the safety issues,” Jacobs said. “I understand that in any community everybody wants the pond that’s closest to them to be cleaned up the fastest. That’s just human nature, but it’s not practical.”

State Sen. Andrew Brock, R-34, said the legislature could decide to take additional action on coal ash in the 2015 session, saying sometimes bills come up unpredictably.

“The coal ash bill is an example of something that wasn’t on anybody’s radar coming into the session,” Brock said.

As for the future of Rowan County’s coal ash ponds, Duke Energy spokesperson Erin Culbert said in a December interview that site-specific engineering is currently in progress. She also mentioned a 620-combined-cycle natural gas plant that’s currently in operation on the site.

“As we develop a recommendation how to safely close the basins in a way that protects groundwater, we’ll provide that to NCDENR and the Coal Ash Management Commission for its review and approval,” Culbert said.

Contact reporter Josh Bergeron at 704-797-4246