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DOL/MSHA

RIN: 1219-AA81

Publication ID: Fall 1997

Title: Coal Mine Dust
Abstract: The Federal Coal Mine Health and Safety Act of 1969 established the first comprehensive respirable dust standards for coal mines. These standards were designed to reduce the incidence of coal workers' pneumoconiosis ("black lung") and silicosis and eventually eliminate these diseases. While significant progress has been made toward improving the health conditions in our Nation's coal mines, miners continue to be at risk of developing occupational lung disease, according to the National Institute for Occupational Safety and Health (NIOSH). In February 1996, the Secretary convened a Federal Advisory Committee on the Elimination of Pneumoconiosis Among Coal Miners (Advisory Committee) to assess the adequacy of MSHA's current program and standards to control respirable dust in underground and surface coal mines, as well as other ways to eliminate black lung and silicosis among coal miners. The Committee submitted its report to the Secretary in November 1996, with the majority of the recommendations unanimously supported by the Committee members. ^PMSHA has completed a preliminary review of the Advisory Committee's recommendations. There are 20 principal recommendations set out in the Advisory Committee report, which are further subdivided into a total of approximately 100 distinct action items. The recommendations are both extensive and significant, and warrant thorough consideration by the Agency. MSHA, therefore, is proceeding with an in-depth evaluation of the recommendations and will respond to them in an orderly fashion. ^PMSHA has issued five Procedure Instruction Letters implementing some of the recommendations of the Advisory Committee. The Agency will notify the mining community as it determines how to implement other Advisory Committee recommendations.
Agency: Department of Labor(DOL)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 30 CFR 70 30 CFR 71 30 CFR 90
Legal Authority: 30 USC 811 30 USC 812

Statement of Need: Respirable coal mine dust levels in this country are significantly lower than they were 25 years ago. Despite this progress, there continues to be concern about the respirable coal-mine-dust sampling program and its effectiveness in presenting an accurate picture of exposure levels in mines. Such exposure levels are linked directly to the development of pneumoconiosis. In response to this concern, MSHA undertook an extensive review of the Agency's respirable coal-mine-dust program. The MSHA Coal Mine Respirable Dust Task Group Report, issued June 1992, found that vulnerabilities exist which could impact miner health protection and made recommendations for improving the monitoring program. The Advisory Committee also addressed this issue and made recommendations.

Alternatives: MSHA will consider all of the Advisory Committee's recommendations carefully. Some recommendations could be adopted quickly through administrative changes. Other recommendations will demand longer-term consideration, research, or rulemaking. ^PThe Agency also is evaluating the recommendations set forth in the NIOSH Criteria Document on Respirable Coal Mine Dust and the Agency's Dust Task Group Report to determine which proposed rules are warranted.

Anticipated Costs and Benefits: MSHA is in the early stages of developing proposed rules and does not have cost estimates. As we proceed, however, we will develop estimates and make them available for public review. Benefits sought are reduced dust levels over a miner's working lifetime--the key to eliminating black lung and silicosis as a risk to coal miners. Enhanced protection to miners from these diseases will also reduce the cost of future black lung benefits and lead to lower operator insurance premiums.

Risks: Respirable coal mine dust is one of the most serious occupational hazards in the mining industry. Long-term exposure to excessive levels of respirable coal mine dust can cause black lung and silicosis, which are both potentially disabling and can cause death. MSHA is pursuing both regulatory and nonregulatory actions to eliminate pneumoconiosis through the control of coal mine respirable dust levels and the reduction of miners' exposure.

Timetable:

Action	Date	FR Cite
Availability of Recommendations	11/26/1996	61 FR 60120
Agency Response to Advisory Committee Recommendations	01/24/1997	62 FR 3717
Policy Document - Phase 1 Press Release - Effective 6/15/97	05/05/1997
Policy Document - Phase 2	10/00/1997
Policy Document - Phase 3	12/00/1997
NPRM - Phase 4	04/00/1998

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: None
Small Entities Affected: Businesses
Included in the Regulatory Plan: Yes
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