This is a text-only version of the document "MSHA proposed Black Lung Rule - Presentation Summarizing Rule - 2010". To see the original version of the document click here.

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MSHA’s Proposed Rule on Lowering Miners’ Exposure to Respirable Dust, Including Continuous Personal Dust Monitors
This PowerPoint is a briefing tool only. The briefing covers MSHA’s proposed rule and will not address the Agency’s rationale for any provisions, nor answer related questions. Please review the proposed rule as published in the Federal Register on October 19, 2010. MSHA encourages all parties to participate in the rulemaking process, including the public hearings. The comment period closes February 28, 2011. Please submit your comments through any of the methods listed in the Federal Register:
http://www.msha.gov/REGS/FEDREG/PROPOSED/2010Prop/NPRM-Oct%2019%202010%20-%202010-25249.pdf

Regulations Modified
Part 70 (Underground coal mines) Part 71 (Surface coal mines/facilities) Part 90 (Miners with lung disease) Part 72 (Compliance determinations, Medical monitoring, Respiratory protection) Part 75 (Ventilation, Ventilation plan, Dust control examinations)
10/19/2010 See Disclaimer 2

Proposed New Definitions
CMDPSU CPDM Equivalent Concentration MMU Normal Production Shift Representative Samples Weekly Accumulated Exposure Weekly Permissible Accumulated Exposure
10/19/2010 See Disclaimer 3

Proposed Part 70/71/90 Standards
Lower the current 2.0 mg/m3 limit to:
1.7 mg/m3 6 months after effective date 1.5 mg/m3 12 months after effective date 1.0 mg/m3 24 months after effective date Intake air
Lower the current 1.0 mg/m3 limit to 0.5 mg/m3 6 months after effective date

Part 90
• Lower the current 1.0 mg/m3 limit to 0.5 mg/m3 6

months after effective date
10/19/2010 See Disclaimer 4

Proposed Part 70/71/90 Standards
Quartz
Establish Quartz standard of 0.100 mg/m3 (100 µg/m3) Reduced standard established based on
• Exceeding 100 µg/m3 • Formula: 10 divided by percent quartz • No standard greater than the base standard

10/19/2010

See Disclaimer

5

Proposed Part 70 Sampling
CMDPSU for sampling at effective date CPDM 12 months after effective date for Designated Occupations (DO) sampling CPDM 18 months after effective date for Other Designated Occupations (ODO) sampling CMDPSU or CPDM may be used for Designated Area (DA) sampling
10/19/2010 See Disclaimer 6

Proposed Part 70 Sampling
Miners required to wear CPDM trained on unit prior to wearing and every 12 months All sampling will be full-shift, portal-to-portal Control filters required when sampling with CMDPSU Operator record length of each shift – maintain record for 6 months Operator record production for each MMU for each shift – maintain record for 6 months
10/19/2010 See Disclaimer 7

Proposed Part 70/71/90 CPDM Performance Plan
Developed by operator, approved by MSHA District Manager (DM) Provide for review/comment by representative of miners Posted on mine bulletin board Part 90 Confidential: Not provided for review/comment by representative of miners Not posted on mine bulletin board
10/19/2010 See Disclaimer 8

Proposed Part 70 CMDPSU Sampling MMU

5 samples each bimonthly period on DO No single-shift CMDPSU equivalent concentration ≥ the Excessive Concentration Value (ECV) in Table 70-1

10/19/2010

See Disclaimer

9

Proposed Part 70 CMDPSU Sampling MMU
When cited for excessive dust
Respirators available to affected miners Operator submit corrective actions to DM for approval and then implement Collect 5 valid samples after implementation

Citation terminated after
Equivalent concentration of all 5 valid samples ≤ standard Revised ventilation plan incorporating the approved corrective actions Revised ventilation plan approved by DM
10/19/2010 See Disclaimer 10

Proposed Part 70 CMDPSU Sampling MMU – Exceed Standard
Sample exceeds the applicable standard but is < ECV
Respirators available to affected miners Take corrective action to reduce concentration Record corrective actions in permanent record book same as 75.363
10/19/2010 See Disclaimer 11

Proposed Part 70 Sampling MMU – CPDM
Sample DO each production shift every day Sample ODOs (formerly DAs on MMU) each production shift for 14 consecutive days each quarter DOs, ODOs to be sampled specified in rule. Other ODOs may be designated by the DM
10/19/2010 See Disclaimer 12

Proposed Part 70 Sampling MMU – CPDM
No valid end-of-shift equivalent concentration ≥ ECV in Table 70-2 No weekly accumulated exposure (WAE) exceed the weekly permissible accumulated exposure (WPAE)

10/19/2010

See Disclaimer

13

Proposed Part 70 Sampling MMU – CPDM
When cited for excessive dust:
Respirators available to affected miners Implement corrective actions to meet standard Submit the corrective actions as a proposed ventilation plan revision for DM approval Review the CPDM Performance Plan and submit any plan revision for DM approval Record the excessive dust condition and corrective actions the same as 75.363

10/19/2010

See Disclaimer

14

Proposed Part 70 Sampling CPDM – Exceeding Standard
End-of-shift equivalent concentration exceeds applicable standard but is < ECV in Table 70-2
Respirators available to affected miners Implement corrective actions to lower concentration ≤ standard Record the excessive dust condition and corrective actions the same as 75.363 Review the CPDM Performance Plan and submit any plan revision for DM approval
10/19/2010 See Disclaimer 15

Proposed Part 70 Inability to Comply with Standards
Operator makes determination unable to maintain compliance with feasible engineering/environmental controls
May request approval to use supplemental controls up to 24 months after effective date of rule Maximum period of approval – 6 months Supplementary controls may include worker rotation in conjunction with monitoring with a CPDM
10/19/2010 See Disclaimer 16

Proposed Part 70 Sampling DA
Sample each DA 5 consecutive shifts each quarter CMDPSU
No single shift equivalent concentration ≥ ECV in Table 70-1

CPDM
No end-of-shift equivalent concentration ≥ ECV in Table 70-2

10/19/2010

See Disclaimer

17

Proposed Part 70 Sampling DA When cited for excessive dust
Respirators available to affected miners Submit corrective actions to DM for approval and then implement Collect 5 valid samples after implementation

Citation terminated after
Equivalent concentration of all 5 valid samples ≤ standard Revised ventilation plan incorporating approved corrective actions Revised ventilation plan approved by DM
10/19/2010 See Disclaimer 18

Proposed Part 70 Sampling DACPDM
End-of-shift equivalent concentration exceeds applicable standard but is < ECV in Table 70-2
Respirators available to affected miners Implement corrective actions to lower concentration ≤ standard Record the excessive dust condition and corrective actions the same as 75.363 Review the CPDM Performance Plan and submit any plan revision for DM approval
10/19/2010 See Disclaimer 19

Proposed Part 71 Sampling
All Designated Work Position (DWP) sampling will be full-shift Control filters required when sampling with CMDPSU Miners required to wear CPDM trained on unit prior to wearing and every 12 months Operator record length of each shift – maintain record for 6 months
10/19/2010 See Disclaimer 20

Proposed Part 71 Sampling
1 sample each quarter Specific work positions required to be sampled
Each highwall drill operator Bulldozer operators Other positions designated by the DM

10/19/2010

See Disclaimer

21

Proposed Part 71 Sampling

No CMDPSU equivalent concentration ≥ ECV listed in Table 71-1 No CPDM end-of-shift equivalent concentration ≥ ECV listed in Table 71-2

10/19/2010

See Disclaimer

22

Proposed Part 71 Sampling
When cited for excessive dust
Respirators available to affected miners Operator submit corrective actions to DM for approval and then implement Collect 5 valid samples after implementation If using CPDM – review/revise CPDM Performance Plan

Citation terminated after
Equivalent concentration of all 5 valid samples ≤ standard Submit/Revise dust control plan incorporating the approved corrective actions
10/19/2010 See Disclaimer 23

Proposed Part 71 Sampling Exceed Standard
If representative quarterly sample exceeds the applicable standard but is < ECV
Sample DWP each normal shift until 5 representative samples taken Begin sampling first normal work shift after notification Five samples used to determine compliance for sampling period If using CPDM for DWP sampling, review/revise CPDM Performance Plan

10/19/2010

See Disclaimer

24

Proposed Part 90 Sampling
CMDPSU used for sampling at effective date of rule CPDM used for sampling 12 months after effective date of rule Samples are collected for full work shift Control filters are required when using the CMDPSU sampler Operator must record the length of each shift that Part 90 miner works If using CPDM for sampling:
Part 90 miner trained on CPDM Maintain record of CPDM training

10/19/2010

See Disclaimer

25

Proposed Part 90 Sampling – CMDPSU

5 samples each quarter No single-shift CMDPSU equivalent concentration ≥ the Excessive Concentration Value (ECV) in Table 90-1

10/19/2010

See Disclaimer

26

Proposed Part 90 Sampling – CMDPSU
When cited for excessive dust
Respirators available to affected miners Operator submit corrective actions to DM for approval and then implement If corrective actions involve reducing dust levels:
• Implement corrective actions and collect 5 valid samples

If transferring Part 90 miner:
• Comply with transfer requirements (90.102), collect 5 representative

samples

Citation terminated after
Equivalent concentration of all 5 valid samples ≤ standard Submit/Revise dust control plan incorporating the approved corrective actions if action was to reduce dust levels
10/19/2010 See Disclaimer 27

Proposed Part 90 Sampling – CMDPSU Exceed Standard
Sample exceeds the applicable standard but is < ECV
Respirators available to affected miners Take corrective action to reduce concentration Record corrective actions in permanent record book same as 75.363

10/19/2010

See Disclaimer

28

Proposed Part 90 Sampling CPDM
Sample Part 90 each shift every work day New reduced standard due to quartz will be effective the first work shift after the operator receives notice of the change No valid end-of-shift equivalent concentration ≥ ECV in Table 90-2 No weekly accumulated exposure (WAE) exceed the weekly permissible accumulated exposure (WPAE)

10/19/2010

See Disclaimer

29

Proposed Part 90 Sampling – CPDM
When cited for excessive dust:
Respirators available to Part 90 miner Implement corrective actions to meet standard If corrective actions are to lower concentration, submit the corrective actions as a proposed dust control plan or revisions to the approved Part 90 dust control plan for DM approval Review the CPDM Performance Plan and submit any plan revision for DM approval Record the excessive dust condition and corrective actions the same as 75.363 If corrective actions involve transferring Part 90, comply with transfer requirements in 90.102 and sample according to 90.207

10/19/2010

See Disclaimer

30

Proposed Part 90 Sampling – CPDM Exceeding Standard
End-of-shift equivalent concentration exceeds applicable standard but is < ECV in Table 90-2
Respirators available to affected miners Implement corrective actions to lower concentration ≤ standard Record the excessive dust condition and corrective actions the same as 75.363 Review the CPDM Performance Plan and submit any plan revision for DM approval
10/19/2010 See Disclaimer 31

Proposed Part 72 – 72.100 Medical Monitoring

Chest X-rays, spirometry, symptom assessment and work history for all coal miners (Surface and Underground)

10/19/2010

See Disclaimer

32

Proposed Part 72 – 72.700 Respiratory Equipment

Operators make available NIOSH approved respirators as required by Parts 70, 71 and 90

10/19/2010

See Disclaimer

33

Proposed Part 72 – 72.800 Single Sample Determinations
Secretary may use a single, full-shift sample to determine compliance with respirable dust standards

10/19/2010

See Disclaimer

34

Proposed Part 75 – 75.325 Air Quantity

Air measurements must be taken at the end of the face ventilating device with the scrubber turned off

10/19/2010

See Disclaimer

35

Proposed Part 75 – 75.332 Working Sections and Working Places
Each MMU must be ventilated with a separate intake split

10/19/2010

See Disclaimer

36

Proposed Part 75 – 75.350 Belt Air Course Ventilation

Standard lowered from 1.0 mg/m3 to 0.5 mg/m3 6 months after effective date of rule

10/19/2010

See Disclaimer

37

Proposed Part 75 – 75.362 On-shift Examinations
On-shift examination and corrective actions must be recorded Certification of exam to be recorded on a board maintained on the MMU so that miners can see that controls were checked Record of exam verified and countersigned in a secure book Record book retained at least 1 year
10/19/2010 See Disclaimer 38

Proposed Part 75 – 75.371 Mine Ventilation Plan; Contents
Minimum quantity of air each MMU Specific details of dust controls on each MMU Specify type, size and maintenance of scrubber screen

10/19/2010

See Disclaimer

39

MSHA’s Proposed Rule on Lowering Miners’ Exposure to Respirable Dust, Including Continuous Personal Dust Monitors
This PowerPoint is a briefing tool only. The briefing covers MSHA’s proposed rule and will not address the Agency’s rationale for any provisions, nor answer related questions. Please review the proposed rule as published in the Federal Register on October 19, 2010. MSHA encourages all parties to participate in the rulemaking process, including the public hearings. The comment period closes February 28, 2011. Please submit your comments through any of the methods listed in the Federal Register:
http://www.msha.gov/REGS/FEDREG/PROPOSED/2010Prop/NPRM-Oct%2019%202010%20-%202010-25249.pdf