Underground coal mining and attendant subsidence control : Some history, technology, and research

Introduction The Surface Mining Control and Reclamation Act was passed in 1977 to put an end to the uneven environmental standards and enforcement established by various coal mining states in the US. One year after passage, the Secretary of Interior was directed to promulgate permanent program regulations implementing Title V provisions of the Act. These regulations were to form the basis for state regulatory programs under the Act and to allow states to assume primary regulatory responsibility. To implement the underground mining provision of the Act, the Secretary is directed in section 516(a) of the Act to promulgate rules. But they must take into consideration the differences between surface and underground coal mining. The regulations developed by the Secretary in 1979, with respect to subsidence control, included: • a subsidence control plan as part of the permitting process; • substantive provisions establishing performance standards for subsidence control; and • provisions providing for the prohibition of mining under perennial streams, impoundments larger than 24.6 dam3 (20 acre ft), and certain public facilities and urban areas. Industry challenged the Secretary's regulations implementing the subsidence control provisions. The litigation was consolidated with all other challenges to the permanent program regulations. (Permanent Surface Mining Regulation Litigation, Civil Action No. 79-1144; D. D.C., May 16, 1980.) In two opinions dealing with the multitude of issues raised by both industry and environmental groups, the US District Court of the District of Columbia ruled against industry. It upheld the promulgated subsidence control provisions. The US Court of Appeals stayed the appeals pending the agency's review and revision of its regulations. The regulatory reform was conducted in accordance with the order from the Secretary of Interior and the President in 1981. As a result, the subsidence control regulation was revised, reproposed, and finalized in June 1983 (Federal Register). This regulation, along with others, was again challenged by environmental groups and industry. On Oct. 1, 1984, the court, after finding the Secretary's reading of the Act reasonable, upheld the 1983 subsidence regulation except for one section. On Feb. 21, 1985, in accordance with the court's ruling, the Office of Surface Mining (OSM) suspended a portion of 30 CFR 817.121 (c)(2) concerning the damage correction requirement for structures or facilities and reproposed it on July 8, 1985 (Federal Register). In conjunction with a request for public comments, OSM now also seeks comments on the omission from the 1983 rule of the requirement in the 1979 rule regarding a presubsidence survey and monitoring of damage to structures. Technical issues related to subsidence regulations The subsidence regulations of June 1, 1983, consist mainly of two parts: a subsidence control plan as part of the permitting process; and substantive provisions establishing performance standards. The latter also includes provisions for prohibiting mining under certain areas. Under subsidence control plan section 784.20, minimum require-