[Code of Federal Regulations]

[Title 30, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 30CFR57.5060]



[Page 349-351]

 

                       TITLE 30--MINERAL RESOURCES

 

  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR

 

PART 57_SAFETY AND HEALTH STANDARDS_UNDERGROUND METAL AND NONMETAL MINES

--Table of Contents

 

     Subpart D_Air Quality, Radiation, Physical Agents, and Diesel 

                           Particulate Matter

 

Sec.  57.5060  Limit on exposure to diesel particulate matter.



    (a) A miner's personal exposure to diesel particulate matter (DPM) 

in an underground mine must not exceed an average eight-hour equivalent 

full shift airborne concentration of 308 micrograms of elemental carbon 

per cubic meter of air (308EC [mu]g/m\3\). [This interim 

permissible exposure limit (PEL) remains in effect until the final DPM 

exposure limit becomes effective. When the final DPM exposure limit 

becomes effective, MSHA will publish a document in the Federal 

Register.]

    (b)(1) Effective May 20, 2006, a miner's personal exposure to diesel 

particulate matter (DPM) in an underground mine must not exceed an 

average eight-hour equivalent full shift airborne concentration of 308 

micrograms of elemental carbon per cubic meter of air (308EC 

[mu]g/m\3\).

    (2) Effective January 20, 2007, a miner's personal exposure to 

diesel particulate matter (DPM) in an underground mine must not exceed 

an average eight-hour equivalent full shift airborne concentration of 

350 micrograms of total carbon per cubic meter of air (350TC 

[mu]g/m\3\).

    (3) Effective May 20, 2008, a miner's personal exposure to diesel 

particulate matter (DPM) in an underground mine must not exceed an 

average eight-hour equivalent full shift airborne concentration of 160 

micrograms of total carbon per cubic meter of air (160TC 

[mu]g/m\3\).

    (c)(1) If a mine requires additional time to come into compliance 

with the final DPM limit established in Sec.  57.5060 (b) due to 

technological or economic constraints, the operator of the mine may file 

an application with the District Manager for a special extension.

    (2) The mine operator must certify on the application that the 

operator has posted one copy of the application at the mine site for at 

least 30 days prior to the date of application, and has provided another 

copy to the authorized representative of miners.

    (3) No approval of a special extension shall exceed a period of one 

year from the date of approval. Mine operators may file for additional 

special extensions provided each extension does not exceed a period of 

one year. An application must include the following information:

    (i) A statement that diesel-powered equipment was used in the mine 

prior to October 29, 1998;

    (ii) Documentation supporting that controls are technologically or 

economically infeasible at this time to reduce the miner's exposure to 

the final DPM limit.

    (iii) The most recent DPM monitoring results.

    (iv) The actions the operator will take during the extension to 

minimize exposure of miners to DPM.

    (4) A mine operator must comply with the terms of any approved 

application for a special extension, post a copy of the approved 

application for a special extension at the mine site for the duration of 

the special extension



[[Page 350]]



period, and provide a copy of the approved application to the authorized 

representative of miners.

    (d) The mine operator must install, use, and maintain feasible 

engineering and administrative controls to reduce a miner's exposure to 

or below the DPM limit established in this section. When controls do not 

reduce a miner's DPM exposure to the limit, controls are infeasible, or 

controls do not produce significant reductions in DPM exposures, 

controls must be used to reduce the miner's exposure to as low a level 

as feasible and must be supplemented with respiratory protection in 

accordance with Sec.  57.5005(a), (b), and paragraphs (d)(1) and (d)(2) 

of this section.

    (1) Air purifying respirators must be equipped with the following:

    (i) Filters certified by NIOSH under 30 CFR part 11 (appearing in 

the July 1, 1994 edition of 30 CFR, parts 1 to 199) as a high efficiency 

particulate air (HEPA) filter;

    (ii) Filters certified by NIOSH under 42 CFR part 84 as 99.97% 

efficient; or

    (iii) Filters certified by NIOSH for DPM.

    (2) Non-powered, negative-pressure, air purifying, particulate-

filter respirators shall use an R- or P-series filter or any filter 

certified by NIOSH for DPM. An R-series filter shall not be used for 

longer than one work shift.

    (e) Rotation of miners shall not be considered an acceptable 

administrative control used for compliance with the DPM standard.



[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005, as amended at 70 

FR 55019, Sept. 19, 2005; 71 FR 29011, May 18, 2006]



    Effective Date Note: At 71 FR 29012, May 18, 2006, Sec.  57.5060 was 

amended by revising paragraph (d) introductory text and adding 

paragraphs (d)(3) through (d)(8), effective Aug. 16, 2006. At 71 FR 

36483, June 27, 2006, the ``s'' was deleted from the word ``exposures'' 

in revised paragraph (d) introductory text, effective Aug. 16, 2006. For 

the convenience of the user, the added and revised text is set forth as 

follows:



Sec.  57.5060  Limit on exposure to diesel particulate matter.



                                * * * * *



    (d) The mine operator must install, use, and maintain feasible 

engineering and administrative controls to reduce a miner's exposure to 

or below the applicable DPM PEL established in this section. When 

controls do not reduce a miner's DPM exposure to the PEL, controls are 

infeasible, or controls do not produce significant reductions in DPM 

exposures, controls must be used to reduce the miner's exposure to as 

low a level as feasible and must be supplemented with respiratory 

protection in accordance with Sec.  57.5005(a), (b), and paragraphs 

(d)(1) through (d)(8) of this section.



                                * * * * *



    (3) The mine operator must provide a confidential medical evaluation 

by a physician or other licensed health care professional (PLHCP), at no 

cost to the miner, to determine the miner's ability to use a respirator 

before the miner is required to be fit tested or to use a respirator at 

the mine. If the PLHCP determines that the miner cannot wear a negative 

pressure respirator, the mine operator must make certain that the PLHCP 

evaluates the miner's ability to wear a powered air purifying respirator 

(PAPR).

    (4) The mine operator must provide the miner with an opportunity to 

discuss their evaluation results with the PLHCP before the PLHCP submits 

the written determination to the mine operator regarding the miner's 

ability to wear a respirator. If the miner disagrees with the evaluation 

results of the PLHCP, the miner may submit within 30 days additional 

evidence of his or her medical condition to the PLHCP.

    (5) The mine operator must obtain a written determination from the 

PLHCP regarding the miner's ability to wear a respirator, and the mine 

operator must assure that the PLHCP provides a copy of the determination 

to the miner.

    (6) The miner must be reevaluated when the mine operator has reason 

to believe that conditions have changed which could adversely affect the 

miner's ability to wear the respirator.

    (7) Upon written notification that the PLHCP has determined that the 

miner is unable to wear a respirator, including a PAPR, the miner must 

be transferred to work in an existing position in an area of the same 

mine where respiratory protection is not required. The miner must be 

transferred within 30 days of the final determination by the PLHCP.

    (i) The miner must continue to receive compensation at no less than 

the regular rate of pay in the classification held by that miner 

immediately prior to the transfer.

    (ii) Increases in wages of the transferred miner must be based upon 

the new work classification.

    (8) The mine operator must maintain a record of the identity of the 

PLHCP and the most recent written determination of each miner's ability 

to wear a respirator for the



[[Page 351]]



duration of the miner's employment plus six months.



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