Dealing With Subsidence and SMCRA

A discussion of frequently asked questions may help individuals trying to interpret subsidence regulations or prepare permit applications. The subsidence permitting process involves just one part of the mass of Surface Mining Control and Reclamation Act regulations. But of the 18 main SMCRA sections, subsidence is critical to the permitting process for coal operators. It's an area in which applicants have had problems interpreting regulations and preparing permit applications. Of 22 western states, only Wyoming, Montana, Colorado, and Utah heave thus far received approval for their mining and reclamation plans. The other states are now involved in the permit application process and will be dealing with SMCRA regulations for the next year or so. Some state programs, when approved, may differ substantially from the federal SMCRA program. But, to be approved, the state programs must be deemed equal to or more stringent than the federal regulations. SMCRA regulations apply to any coal operation "that exhibits surface effects." Thus they apply to surface strip mines as well as underground coal operations. The regulations do not apply to hardrock mining operations. Since August 3, 1977, the government, industry, and the public have wrestled with SMCRA. They have struggled through an initial program with the US Geological Survey; a new agency, the Office of Surface Mining Reclamation and Enforcement (OSM); an interim program; and a "final" permanent regulatory program. Even now, OSM is reluctant to publish formal program guidelines because: •The regulations are still in the process of judicial review. • Some approvable state programs will supersede the federal regula¬tions. • The flexible regulations are open to interpretation, which is desir¬able to maintain. •Guidelines could be misleading until regulations and interpretations are revised and finalized.