Dive Brief:

• Duke Energy has fixed a broken pipe that leaded up to 82,000 tons of coal ash into a North Carolina river, according to the utility.
• Besides the ash, about 24 million to 27 million gallons of ash basin water from a 27-acre pond spilled into the Dan River from the leak, which was discovered February 2.
• Waterkeeper Alliance contends that Dan River water samples taken last week showed "extremely high levels" of arsenic, chromium, iron, lead and other toxic metals. But tests by the utility show no “adverse impact” on the river water, according to Duke Energy.
• The North Carolina Department of Environment and Natural Resources is now reporting that arsenic levels in the river exceeded state standards for at least two days after the spill. The department initially said there were no violations.

Dive Insight:

The Environmental Protection Agency (EPA) is considering changing coal ash from a “solid waste” to a “hazardous waste,” which would trigger a much tougher regulatory regime for the power plant byproduct. Despite Duke's massive spill, the EPA will likely tighten federal regulations on coal ash, but refrain from the hazardous waste designation. A final rule is expected in December.