Tennessee § 59-8-123 - Departure from environmental protection performance standards on experimental basis. [Contingent effective date, see Compiler's Notes.]

§ 59-8-123. Departure from environmental protection performance standards on experimental basis. [Contingent effective date, see Compiler's Notes.]

In order to encourage advances in coal surface mining and reclamation practices, or to allow post-mining land use for industrial, commercial, residential, or public use, including recreational facilities, the commissioner, with the approval of the secretary, may authorize departures in individual cases on an experimental basis from the environmental protection performance standards promulgated under this part. The departures may be authorized if: The experimental practices are potentially more environmentally protective, or at least as protective, during and after mining operations, as those required by promulgated standards; The mining operations approved for a particular land use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices; The experimental practices do not reduce the protection afforded public health and safety below that provided by promulgated standards; and All other state and federal agencies with jurisdiction over the environmental standards or practices for which departure is desired concur with the departure. Acts 2018, ch. 839, § 1. Compiler's Notes. Acts 2018, ch. 839, § 44 provided that the governor shall take all action necessary to prepare and submit for approval all necessary requests for federal grant funding and applications for authorization to the appropriate federal authority to obtain exclusive jurisdiction over surface coal mining and reclamation operations and the maximum federal money available for those purposes in an expeditious manner. Acts 2018, ch. 839, § 45 provided that the commissioner of environment and conservation shall notify the secretary of state and the executive secretary of the Tennessee code commission of the date this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect eight (8) months immediately following the receipt of notification from the secretary of the interior that this state has been approved to exercise primacy over the regulation of surface coal mining and reclamation operations within its territorial boundaries. Acts 2018, ch. 839, § 47 provided that for purposes of rulemaking, the act, which enacted this part, §§ 59-8-101 —59-8-134, shall take effect upon the deposit of federal funds in the Coal Mining Protection Fund. Effective Dates. Acts 2018, ch. 839, § 47. [See Compiler's Notes.]