Under a settlement agreement with community and environmental groups and Duke Energy that ends the appeal litigation, Duke Energy will move forward with excavation plans at the Marshall Steam Station and dispose of ash in a lined onsite landfill.
Duke submitted a closure plan by the December 31, 2019 deadline, as required by the Coal Ash Management Act (CAMA) of 2016 and in accordance with the agreement. On April 29, 2020, DEQ issued its approval for the closure plan.
Division of Air Quality
Division of Waste Management
Permit 1812-INDUS-2008: Expansion of Phase 2 for Existing Onsite Monofill
- Marshall - Permit to Construct Phase 2 Cover Letter
- Marshall - Permit to Construct Phase 2
- Marshall - Application for Permit to Construct Phase 2
- Marshall - Additional Site Documentation
Division of Water Resources
The Coal Ash Management Act (CAMA) provides three principal closure pathways:
- Option A: closure in a manner allowed for a high-risk site, such as excavation and disposal in a lined landfill
- Option B: closure with a cap-in-place system similar to the requirements for a municipal solid waste landfill
- for this option, there is a further requirement that upon full implementation of the closure plan, the groundwater must be in compliance with the 2L standard at the compliance boundary of the impoundment.
- Option C: closure in accordance with the federal CCR rule adopted by the EPA.
After conducting a rigorous scientific review of Duke Energy’s proposals for Marshall, and conducting public listening sessions in impacted communities, DEQ has determined Option A is the only closure option that meets the requirements of Coal Ash Management Act to best protect public health and the environment. Coal ash must be excavated and moved to a lined landfill.
DEQ's Coal Ash Impoundment Closure Determination (April 1, 2019)