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Statement of Need: MSHA's asbestos regulations date to 1967. Current scientific data indicate that MSHA's existing asbestos PEL is not sufficiently protective of miners’ health. Other Federal agencies have addressed this issue by lowering their asbestos PELs. These lower limits reflect new information and studies.

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 Agency increased sampling to determine miners’ exposure levels to asbestos. In early 2000, MSHA began an extensive sampling effort at operations with potential asbestos exposure including taking samples at existing vermiculite, taconite, talc, and other mines to determine the level of asbestos present. While sampling, MSHA staff also discussed various potential hazards of asbestos with miners and mine operators and the types of preventive measures that could be implemented to reduce exposures. The final rule is based on comments and testimony to the proposed rule as well as MSHA sampling and inspection experience.

Anticipated Costs and Benefits: The anticipated costs of the rule to the mining industry are approximately $201,000 annually. Of this total amount, the cost to the metal and nonmetal mining sector would be $156,000, and the cost to the coal mining sector would be $45,000. MSHA estimates that under the lower exposure limit, approximately 1 out of every 1,000 exposed miners will avoid the risk of death from asbestosis, lung cancer, mesothelioma, or other diseases attributed to asbestos exposure.

Risks: Miners could be exposed to the hazards of asbestos at mine operations where the ore body contains asbestos. In addition, miners could be exposed to asbestos at facilities that install, remove or work with material containing asbestos. Overexposure to asbestos causes asbestosis, lung cancer, mesothelioma, and malignant and nonmalignant diseases.