Pennsylvania's Subsidence - Control Guidelines: Should They Be Adopted By Other States?

Introduction In August 1977, the federal Surface Mining Control and Reclamation Act was signed into law. It stated that: "The Congress finds and declares that because of the diversity in terrain . . . and other physical conditions in areas subject to mining operations, the primary governmental responsibility for developing. authorizing, issuing, and enforcing regulations for surface mining and reclamation operations subject to the Act should rest with the States." Section 516 of Title V (Control of the Environmental Impacts of Surface Coal Mining) of the Act deals with the surface effects of underground coal mining operations. "Each permit issued under any approved State or Federal program pursuant to this Act and relating to underground coal mining shall require the operator to adopt measures consistent with known technology in order to prevent subsidence. causing material damage, to the extent technologically and economically feasible, maximize mine stability, and maintain the value and reasonable foreseeable use of such surface lands, except in those instances where the mining technology used requires planned subsidence in a predictable and controlled manner: Provided, that nothing in this subsection shall be construed to prohibit the standard method of room and pillar mining." This section raises many questions. Precisely what is the "reasonably foreseeable" future as far as land use is concerned? And what is the "standard method of room and pillar mining"? The first part of the paragraph seems to rule out longwall mining, but isn't longwalling a "predictable" manner of "planned subsidence"? Does the Act take into account variations among mining methods in differing regions or coal seams? With these questions and the need to comply with the Act's provisions in mind, many states may turn to the Pennsylvania Bituminous Mine Subsidence Act of 1966- the only comprehensive subsidence act passed by any state-as a model for their own programs. Thus, it is very important to evaluate Pennsylvania's Act to see whether its basic assumptions can accommodate national application. This paper will note the Subsidence Act's provisions and guidelines, briefly analyze the current state-of-the-art in subsidence damage prevention and control, and list several recommendations for altering the Act's application guidelines for different mining areas.