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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 our current sampling programs'ability to accurately measure and maintain respirable coal mine dusts exposure at or below the applicable standard on each shift. 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 affect the current workforce and 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. Since there is a clear relationship between a miner's cumulative exposure to respirable coal mine dust and the severity of the resulting respiratory conditions it is imperative that each miner's exposure not exceed the applicable standard on each and every shift.

Alternatives: The requirements of this rule ("single, full-shift sample rule") will work in tandem with those of the proposed rule (RIN 1219-AB14) requiring operators to verify the effectiveness of their ventilation plans as well as our assumption for all compliance sampling underground coal mines. We believe that modification of operator compliance sampling and their verification of ventilation plans will off-set costs for this rule.

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, a key to reducing occupationally induced lung disease among coal miners. Enhanced protection of miners from disease will reduce the costs to society, mining families, and operators. For example, there will be a decrease in future black lung benefits, leading to lower operator insurance premiums. As we proceed, we will develop cost 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. Occupational exposure to excessive levels of respirable coal mine dust can cause coal workers' pneumoconiosis and silicosis, which are potentially disabling and can cause death. 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.