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Statement of Need: Respirable coal mine dust levels in this country are significantly lower than they were over two decades 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. Coal workers exposed after the implementation of the current PEL continue to develop 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, which issued its report in 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. The Agency has carefully reviewed the NIOSH Criteria Document on Occupational Exposure to Respirable Coal Mine Dust and the recommendations of the Advisory Committee on Elimination of Pneumoconiosis among Coal Mine Workers. MSHA finds that there remains unacceptable risk to miners' health at the current exposure limit for dust in coal mines.

Alternatives: MSHA will consider all recommendations carefully and will seek the public's input into alternatives through the use of an advance notice of proposed rulemaking (ANPRM). In the ANPRM, the Agency includes suggestions of alternative approaches, e.g., operation specific PEL, or an action level to trigger certain protective measures to lower this risk to miners' health.

Anticipated Costs and Benefits: 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 of miners from these diseases also will reduce the cost of future black lung benefits and lead to lower operator insurance premiums. MSHA is considering a rule to reduce the amount of respirable coal mine dust permitted in mines but has not yet developed cost estimates. As the Agency proceeds with the rulemaking, however, estimates will be developed and made available for public review.

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.