30 CFR § 75.370
Mine ventilation plan; submission and approval.
(a)(1) The operator shall develop and follow a ventilation plan approved
by the district manager. The plan shall be designed to control methane and
respirable dust and shall be suitable to the conditions and mining system at
the mine. The ventilation plan shall consist of two parts, the plan content
as prescribed in §75.371 and the ventilation map
with information as prescribed in §75.372. Only
that portion of the map which contains information required under
§75.371 will be subject to approval by the district
manager.
(2) The proposed ventilation plan and any revision to the plan shall
be submitted in writing to the district manager. When revisions to a
ventilation plan are proposed, only the revised pages, maps, or sketches of
the plan need to be submitted. When required in writing by the district
manager, the operator shall submit a fully revised plan by consolidating the
plan and all revisions in an orderly manner and by deleting all outdated
material.
(3)(i) The mine operator shall notify the representative of miners at
least 5 days prior to submission of a mine ventilation plan and any revision
to a mine ventilation plan. If requested, the mine operator shall provide a
copy to the representative of miners at the time of notification. In the
event of a situation requiring immediate action on a plan revision,
notification of the revision shall be given, and if requested, a copy of the
revision shall be provided, to the representative of miners by the operator
at the time of submittal;
(ii) A copy of the proposed ventilation plan, and a copy of any
proposed revision, submitted for approval shall be made available for
inspection by the representative of miners; and
(iii) A copy of the proposed ventilation plan, and a copy of any
proposed revision, submitted for approval shall be posted on the mine
bulletin board at the time of submittal. The proposed plan or proposed
revision shall remain posted until it is approved, withdrawn or denied.
(b) Following receipt of the proposed plan or proposed revision, the
representative of miners may submit timely comments to the district manager,
in writing, for consideration during the review process. A copy of these
comments shall also be provided to the operator by the district manager upon
request.
(c)(1) The district manager will notify the operator in writing of the
approval or denial of approval of a proposed ventilation plan or proposed
revision. A copy of this notification will be sent to the representative of
miners by the district manager.
(2) If the district manager denies approval of a proposed plan or
revision, the deficiencies of the plan or revision shall be specified in
writing and the operator will be provided an opportunity to discuss the
deficiencies with the district manager.
(d) No proposed ventilation plan shall be implemented before it is
approved by the district manager. Any intentional change to the ventilation
system that alters the main air current or any split of the main air current
in a manner that could materially affect the safety and health of the miners,
or any change to the information required in §75.371 shall be submitted to and approved by the district manager
before implementation.
(e) Before implementing an approved ventilation plan or a revision to a
ventilation plan, persons affected by the revision shall be instructed by the
operator in its provisions.
(f) The approved ventilation plan and any revisions shall be--
(1) Provided upon request to the representative of miners by the
operator following notification of approval;
(2) Made available for inspection by the representative of miners;
and
(3) Posted on the mine bulletin board within 1 working day following
notification of approval. The approved plan and revisions shall remain posted
on the bulletin board for the period that they are in effect.
(g) The ventilation plan for each mine shall be reviewed every 6 months
by an authorized representative of the Secretary to assure that it is
suitable to current conditions in the mine.