[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: 30CFR71.301]



[Page 444]

 

                       TITLE 30--MINERAL RESOURCES

 

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

 

PART 71_MANDATORY HEALTH STANDARDS_SURFACE COAL MINES AND SURFACE WORK 

AREAS OF UNDERGROUND COAL MINES--Table of Contents

 

                 Subpart D_Respirable Dust Control Plans

 

Sec.  71.301  Respirable dust control plan; approval by District Manager 

and posting.



    (a) The District Manager will approve respirable dust control plans 

on a mine-by-mine basis. When approving respirable dust control plans, 

the District Manager shall consider whether:

    (1) The respirable dust control measures would be likely to maintain 

compliance with the respirable dust standard; and

    (2) The operator's compliance with all provisions of the respirable 

dust control plan could be objectively ascertained by MSHA.

    (b) MSHA may take respirable dust samples to determine whether the 

respirable dust control measures in the operator's plan effectively 

maintain compliance with the respirable dust standard.

    (c) The operator shall comply with all provisions of each respirable 

dust control plan upon notice from MSHA that the respirable dust control 

plan is approved.

    (d) The operator shall post on the mine bulletin board a copy of 

each current respirable dust control plan approved by the District 

Manager.

    (e) The operator may review respirable dust control plans and submit 

proposed revisions to such plans to the District Manager for approval.