Regulatory Aspects Of Subsidence Under Surface Mining Control And Reclamation Act

The enactment of the Surface Mining Control and Reclamation Act (SMCRA) in August 1977 addressed subsidence resulting from underground mines, in addition to creating the requirements for reclamation of surface coal mines. Subsidence control regulations pursuant to SMCRA were initially promulgated in March 1979. Several revisions have since been made. In addition, due to court challenges some regulations have been remanded and others are still on appeal. In the meantime the Secretary has agreed to initiate rulemaking on some issues. It is yet to be determined how the prohibition of certain areas from surface coal mining operations under Section 522(e) of the Act applies to subsidence. This presentation discusses the status of the regulations and issues related to or affecting the subsidence regulations.