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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 dust 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.

Summary of the Legal Basis: Promulgation of this regulation is authorized by section 101 of the Federal Mine Safety and Health Act of 1977.

Alternatives: The requirements of this rule ("single full-shift sample rule") will work in tandem with those of the proposed rule (RIN 1219-AB14) in which MSHA proposed to verify the effectiveness of ventilation plans as well as conduct all compliance sampling in underground coal mines. However, given significant public comments, MSHA will repropose RIN 1219-AB14 - Verification of Underground Coal Mine Operators' Dust Control Plans and Compliance Sampling for Respirable Dust.

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. Additional benefits include reduced health care costs and disability and black lung benefit payments.

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 workers' pneumoconiosis and silicosis, which are potentially disabling and can cause death. 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.