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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. MSHA regulations require that all underground coal mine operators develop and follow a mine ventilation plan approved by the Agency. The dust control portion of the mine ventilation plan is the key element of an operator's strategy to control respirable dust in the work environment. Although such plans are required to be designed to control respirable dust, there is no current requirement that provides for early in-mine verification of the proposed plan's effectiveness under typical mining conditions. Consequently, plans may be implemented that may later be shown as inadequate to control respirable dust. To minimize this from occurring, the Advisory Committee recommended that MSHA should require coal mine operators to verify the adequacy of the dust control provisions in new or revised plans by demonstrating that the plan will be effective under typical mining conditions. Therefore, MSHA is considering regulatory actions which would require mine operators to verify a plan's adequacy in controlling respirable dust. Operators are presented with an alternative program to assure that miners' exposures are below the applicable standard on each and every shift by measuring respirable coal dust exposures at specified approved locations on each and every shift. Continuous monitoring is an option which would be conducted in lieu of sampling and reporting requirements specified in subpart C of 30 CFR part 70 and 90, as well as removing elements of ventilation verification plans.

Alternatives: In developing the proposed rule, MSHA will consider alternatives related to typical production levels and the use of appropriate dust control strategies.

Anticipated Costs and Benefits: Benefits sought are reduced dust levels over a miner's working lifetime by the elimination of over-exposures to respirable coal dust on each and every production shift, the key to eliminating black lung and silicosis as a risk to coal miners. Enhanced protection of miners from these diseases will reduce the cost of future black lung benefits and lead to lower operator insurance premiums. 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.

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 in mines and the reduction of miners' exposure.