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DOL/MSHA RIN: 1219-AB18 Publication ID: Fall 1999 
Title: Determination of Concentration of Respirable Coal Mine Dust 
Abstract: The National Institute for Occupational Safety and Health and the Mine Safety and Health Administration jointly determined that a single, full-shift measurement ("single-shift sample") will accurately represent the atmospheric condition to which a miner is exposed. The proposed rule will address the U.S. Court of Appeals' final decision and order in National Mining Association v. Secretary of Labor, issued September 4, 1998. 
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: 30 CFR 70    30 CFR 71    30 CFR 72    30 CFR 90   
Legal Authority: 30 USC 811   
Legal Deadline:  None

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. For as long as miners have taken coal from the ground, many have suffered respiratory problems due to their occupational exposures to respirable coal mine dust. These respiratory problems range from mild impairment of respiratory function to more severe diseases, such as silicosis and pulmonary massive fibrosis. For some miners, the impairment of their respiratory systems is so severe, they die prematurely. There is a clear relationship between a miner's cumulative exposure to respirable coal mine dust and the severity of the resulting respiratory conditions. Although dust levels in underground coal mines are significantly lower than they were in the past, we believe that miners' health can be further protected from the debilitating effects of occupational respiratory disease by further limiting their exposures to respirable coal mine dust. On each and every workshift, it is essential to prevent miners from being exposed to respirable coal mine dust concentrations that exceed the mandated exposure limits.

Alternatives: The requirements of this rule ("single-shift sample") will work in tandem with those of the proposed rule on verification of dust control plans and continuous monitoring - RIN 1219-AB14. We believe that the fine-tuning of the latter rule will lessen the impact of the single-shift sample requirements.

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 lung disease as a risk to coal miners. Enhanced protection of miners from disease will reduce the cost of future black lung benefits and lead to lower operator insurance premiums. We are in the early stages of developing a proposed rule and we do 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 potentially disabling and can cause death. Occupational lung disease associated with coal mine dust exposure typically arises after many years of cumulative exposure. Even after eliminating or substantially reducing individual shift overexposures, reductions in lung disease prevalence are not expected to materialize immediately. We are pursuing both regulatory and nonregulatory actions to eliminate these diseases through the control of coal mine respirable dust levels in mines and reduction of miners' exposure.

Timetable:
Action Date FR Cite
NPRM  12/00/1999    
Other      
Additional Information: This rulemaking is related to RIN: 1219-AB14 (Verification of Dust Control Plans and Continuous Monitoring).
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: Yes 
Agency Contact:
Marvin W. Nichols Jr.
Director, Office of Standards
Department of Labor
Mine Safety and Health Administration
Room 2352, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209
Phone:202 693-9440
Fax:202 693-9441
Email: nichols-marvin@dol.gov