April 15, 2018 - A bill that would take coal mining regulation away from the federal government and put it back in the hands of the state of Tennessee is now headed to the governor, but it faces concerns from environmentalists and state officials.
The measure was sponsored by lawmakers who that it would speed up the process of granting permits to coal mining companies and return good-paying jobs to economically distressed areas.
Tennessee is the only state where strip mining is still regulated by federal authorities. The federal government took responsibilities away from the state in 1984. A story by The Associated Press that year cited complaints of a lack of inspectors in Tennessee and a state official admitting that "local health department folks" were doing the job because they couldn't hire enough mine inspectors because the state wasn't paying enough.
If Gov. Bill Haslam signs the bill into law, regulation of the strip mining will transfer from the Federal Office of Surface Mining Reclamation and Enforcement to the Tennessee Department of Environment and Conservation.
Relying on the federal government to regulate the industry means that it can take four to five years for a company to get a permit to mine coal in Tennessee, state Rep. Dennis Powers told fellow lawmakers this week. He pointed out that it takes only eight to 12 months to get a permit in Kentucky, and the lengthy wait for one in Tennessee is discouraging investment.
"Now is the time to take back the authority and put people back to work like we know how to do," Powers said.
Under the bill, the federal government would pay half the cost of enforcement to the state -- $2.5 million annually -- and the other half would be paid by fees imposed on coal companies, state Sen. Ken Yager told fellow lawmakers.
State officials are concerned that it will wind up costing the state money because the fees won't come because of the decline in coal production.
The Tennessee Department of Environment and Conservation is opposed to the legislation.
"Due to the trajectory of coal production in the state and the funding ratio set forth in the legislation, TDEC is concerned that there will not be sufficient revenue generated to adequately fund the program and that state general fund dollars will ultimately be necessary," department spokesman Kim Schofinski said in an email.
It's not clear if Haslam will sign the bill. A spokesman for the governor did not immediately return an email seeking comment.
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