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DOL/MSHA RIN: 1219-AA74 Publication ID: Fall 1997 
Title: Diesel Particulate 
Abstract: Several epidemiological studies have found that diesel exhaust presents potential health risks to workers. These possible health effects range from headaches and nausea to respiratory disease and cancer. In 1988, the National Institute for Occupational Safety and Health recommended that "whole diesel exhaust be regarded as a potential occupational carcinogen." In addition, in 1989 the International Agency for Research on Cancer concluded that "diesel engine exhaust is probably carcinogenic to humans." ^PIn 1988, a Secretarial advisory committee made recommendations to the Secretary of Labor concerning safety and health standards for the use of diesel-powered equipment in underground coal mines. One of the recommendations was that the Secretary of Labor set in motion a mechanism whereby a diesel particulate standard could be set. Based on that recommendation, the Mine Safety and Health Administration (MSHA) published an advance notice of proposed rulemaking, in January 1992, seeking information relative to exposure limits, risk assessment, sampling and monitoring methods, and control feasibility. Because of the potential health risk, MSHA is investigating a variety of approaches that would control the exposure of miners to diesel particulate. 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not yet determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 30 USC 811   

Statement of Need: The use of diesel-powered equipment in both surface and underground mines has increased significantly and rapidly during the past decade. MSHA estimates that approximately 30,000 miners are occupationally exposed to diesel exhaust emissions in underground mines and another 200,000 are potentially exposed at surface operations. ^PSeveral epidemiological studies have shown a positive carcinogenic risk associated with exposure to diesel exhaust. Other reported health effects associated with exposure to diesel exhaust include dizziness, drowsiness, headaches, nausea, decreased visual acuity, and forced expiratory volume. In addition, studies by MSHA and the former Bureau of Mines show that miners working in underground mining operations that use diesel equipment are probably the most heavily exposed workers of any occupational group. Based on the levels of diesel particulate measured in underground mining operations and the evidence of adverse health effects associated with exposure to diesel exhaust, MSHA is concerned about the potential health risk to miners. MSHA currently has no health regulations that specifically address the exposure of miners to diesel particulate.

Alternatives: In the Fall of 1995 MSHA held a series of public workshops to gather suggestions for possible approaches to limit miners' exposure to diesel particulate. In addition, over the past 10 years, MSHA and the former Bureau of Mines have conducted research on methodologies for the measurement and control of diesel particulate in the mining environment. This research has demonstrated that the use of low sulfur fuel, good engine maintenance, exhaust after-treatment, new engine technology, and optimized application of ventilating air all play a role in reducing miners' exposure to diesel exhaust particulate matter. MSHA therefore, is considering whether or not to require any of these methods or other approaches such as establishing a permissible exposure limit (PEL) to reduce miners' exposure to diesel exhaust particulate.

Anticipated Costs and Benefits: MSHA is in the early stages of developing potential cost figures related to the various possible approaches in a proposed diesel particulate standard for surface and underground coal and metal and nonmetal mines. Costs will depend on the ultimate approach chosen, but will relate to engine control technology, fuel requirements, ventilation changes, sampling practices, and requirements for exhaust control devices on diesel-powered equipment. ^PThe projected costs of technology development are expected to be somewhat minimized by research and development conducted by the former Bureau of Mines and others which resulted in a number of exhaust control devices that have proven effective and safe when properly maintained. In addition, low sulfur fuel is readily available because of current Environmental Protection Agency (EPA) regulations. ^PBenefits to health and safety would result from reducing miners' exposure to diesel particulate in workplaces where diesel-powered equipment is used. One such benefit would be a reduction in the incidence of potential illnesses associated with exposure to diesel exhaust particulate.

Risks: Laboratory tests have shown diesel exhaust to be carcinogenic in rats, as well as toxic and mutagenic. In addition, several epidemiological studies have found that exposure to diesel exhaust presents potential health risks to workers. These potential adverse health effects range from headaches and nausea to respiratory disease and cancer. In the confined space of the underground mine environment, occupational exposure to diesel exhaust may present a greater hazard due to ventilation limitations and the presence of other airborne contaminants, such as toxic mine dusts or mine gases. The Agency believes that the health evidence forms a reasonable basis for exploring possible methods to reduce miners' exposure to diesel particulate.

Timetable:
Action Date FR Cite
ANPRM  01/06/1992  57 FR 500   
ANPRM Comment Period End  07/10/1992  57 FR 7906   
NPRM  02/00/1998    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Undetermined 
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