| DOL/MSHA |
RIN: 1219-AB14 |
Publication ID: Fall 2008
|
| Title: Verification of
Underground Coal Mine Operators' Dust Control Plans and
Compliance Sampling for Respirable Dust |
| Abstract: MSHA's
current standards require that all underground coal mine
operators develop and follow a mine ventilation plan for
each mechanized mining unit that we approve. However, we
do not have a requirement that provides for verification
of each plan's effectiveness under typical mining
conditions. Consequently, plans may be implemented by
mine operators that could be inadequate to control
respirable dust. In response to comments received on the
July 2000 proposed rule for MSHA to withdraw the rule,
MSHA published a new proposed rule on March 6, 2003. The
proposed rule would have required mine operators to
verify, through sampling, the effectiveness of the dust
control parameters for each mechanized mining unit
specified in the approved mine ventilation plan. The use
of approved powered air-purifying respirators and/or
verifiable administrative controls would have been
allowed as a supplemental means of compliance when MSHA
had determined that all feasible engineering or
environmental controls were exhausted. Public hearings
were held in May 2003, and the comment period,
originally scheduled to close on June 4, 2003, was
extended until July 3, 2003. On June 24, 2003, MSHA
announced that all work on the final rule would cease
and the rulemaking record would remain open in order to
obtain information concerning Continuous Personal Dust
Monitors being tested by NIOSH. A Federal Register
notice was published on July 3, 2003, extending the
comment period indefinitely. NIOSH issued a report on
the continuous personal dust monitor in September 2006
and another report concerning test results in June of
2007. MSHA will determine the next course of action
after a review of all data and test results.
|
| Agency: Department of
Labor(DOL) |
Priority: Other Significant
|
| RIN Status: Previously published
in the Unified Agenda |
Agenda Stage of Rulemaking:
Long-Term Actions |
| Major: No |
Unfunded Mandates: No
|
| CFR Citation: 30 CFR
70; 30 CFR 75; 30 CFR 90 (To search for a specific
CFR, visit the Code
of Federal Regulations.) |
| Legal Authority: 30
USC 811;
30 USC 813;
30 USC 961;
30 USC 957 |
Legal Deadline: None
|
Timetable:
| Action |
Date |
FR
Cite |
| NPRM |
07/07/2000 |
65
FR 42122 |
| Notice of
Hearings; Close of Record |
07/07/2000 |
65
FR 42186 |
| Close of
Record |
08/11/2000 |
|
| Extension of
Comment Period; Close of Record |
08/11/2000 |
65
FR 49215 |
| NPRM |
03/06/2003 |
68
FR 10784 |
| Notice of
Public Hearing; Close of Record |
03/17/2003 |
68
FR 12641 |
| Extension of
Comment Period |
05/29/2003 |
68
FR 32005 |
| NPRM Comment
Period End |
06/04/2003 |
|
| Extension of
Comment Period |
07/03/2003 |
68
FR 39881 |
| NPRM |
To Be
Determined |
| |
| Additional Information: This
rulemaking is related to RIN 1219-AB18 (Determination of
Concentration of Respirable Coal Mine Dust) and RIN
1219-AB48 (Continuous Personal Dust Monitors). |
| Regulatory Flexibility Analysis
Required: Undetermined |
Government Levels Affected:
None |
| Federalism: No |
| Included in the Regulatory Plan:
No |
| RIN Information URL: www.msha.gov/regsinfo.htm
|
Public Comment URL: www.regulations.gov
|
| RIN Data Printed in the FR:
No |
| Related RINs: Related to
1219-AB18, Related to 1219-AB48 |
Agency
Contact:
Patricia W. Silvey
Director, Office
of Standards, Regulations, and Variances
Department
of Labor
Mine Safety and Health Administration
Room 631, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441
Email: silvey.patricia@dol.gov
|
|
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