The recent shakeup at the Tennessee Department of Environment and Conservation (TDEC) has focused an unusual amount of media attention on the inner workings of the department. Environmental advocates are lambasting the Haslam administration for budget and personnel cuts at the department—including the controversial release of two highly respected top officials—which they believe will lead to decreased environmental oversight from an already resource-strapped department. Many members of the regulated community, however, question whether the changes go far enough to provide the predictable and fair environmental regulatory climate necessary for business operations. The truth likely lies somewhere in the middle.

Governor Haslam insists that it is a false choice to say that Tennessee can either grow its economy or protect the environment. Through the changes to TDEC outlined below, Gov. Haslam and TDEC Commissioner Bob Martineau seek to prove that the state can have it both ways:

  • Streamline. Budget cuts at TDEC will reportedly lead to the elimination of approximately 150 positions which are currently vacant. In further efforts to flatten the management structure, some senior managers have either been released or retired in anticipation of being released. Commissioner Martineau hopes that eliminating these senior director positions will create a more direct line of communication up and down the chain of command. This, in turn, will create more efficient operations within the department and lead to more consistent enforcement of the environmental regulations across local field offices.
  • Consolidate overlapping divisions. TDEC has decided to consolidate divisions regulating similar media or performing similar tasks in order to increase enforcement consistency. For instance, TDEC has created one water resources division to replace the three separate divisions which currently regulate water quality – Water Pollution Control, Groundwater Protection and Water Supply. In addition, TDEC plans to consolidate all environmental investigation and remediation responsibilities, including Brownfield Agreements, into one division. (The Underground Storage Tank Division will remain a separate division within the department.)
  • Improve transparency, communication, and external relations. The Commissioner has created a dedicated Office of External Affairs to increase transparency of the department's actions and to improve TDEC's communication with stakeholders and local governments. This office will also work to improve public notice of regulatory developments and online capabilities to increase public participation.
  • Improve efficiency in permitting and enforcement. The department is working to decrease permitting delays by allowing more permit applications to be completed online, thereby streamlining the permitting process.
  • Improve environmental stewardship. TDEC has established an office of sustainable practices to advance the culture of sustainability within the department and across state government. The Office of Sustainable Practices will work to reduce the environmental impact of TDEC's operations, will work with other agencies to improve overall government environmental performance, and will support best environmental practices among external stakeholders.
  • Invest in the state parks. The department is developing a multi-phase, multi-year major maintenance and capital plan for state parks, which have not been maintained over recent years. The emphasis will be on improving high-traffic campgrounds and other revenue-generating facilities within the parks.

These proposed changes will help streamline operations and reduce the bureaucratic hassles associated with environmental permitting and compliance facing many businesses today. The impact these changes will have on environmental enforcement remains to be seen.

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