[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Proposed Rules]
[Pages 12648-12651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5127]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
30 CFR Parts 70, 71, 72, 75, and 90
RIN 1219-AB64
Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Proposed rule; request for comment.
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SUMMARY: The Mine Safety and Health Administration (MSHA) is requesting
comments on the proposed rule published in the Federal Register on
October 19, 2010, addressing Lowering Miners' Exposure to Respirable
Coal Mine Dust, Including Continuous Personal Dust Monitors. The
proposed rule would improve health protections for coal miners by
reducing their occupational exposure to respirable coal mine dust and
lowering the risk that they will suffer material impairment of health
or functional capacity over their working lives.
DATES: All comments must be received or postmarked by midnight Eastern
Daylight Saving Time on May 2, 2011.
ADDRESSES: Comments must be identified with ``RIN 1219-AB64'' and may
be sent by any of the following methods:
(1) Federal e-Rulemaking Portal: http://www.regulations.gov. Follow
the instructions for submitting comments.
(2) Electronic mail: [email protected]. Include ``RIN 1219-
AB64'' in the subject line of the message.
(3) Facsimile: 202-693-9441. Include ``RIN 1219-AB64'' in the
subject line of the message.
(4) Regular Mail: MSHA, Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939.
(5) Hand Delivery or Courier: MSHA, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Sign in at the receptionist's desk on the 21st
floor.
MSHA will post all comments on the Internet without change,
including any personal information provided. Comments can be accessed
electronically at http://www.msha.gov under the ``Rules & Regs'' link.
Comments may also be reviewed in person at the Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia. Sign in at the receptionist's desk on the 21st
floor.
MSHA will accept written comments and other appropriate information
for the record from any interested party. All comments must be received
or postmarked by midnight Eastern Daylight Saving Time on May 2, 2011.
MSHA maintains a list that enables subscribers to receive e-mail
notification when the Agency publishes rulemaking documents in the
Federal Register. To subscribe, go to http://www.msha.gov/subscriptions/subscribe.aspx.
FOR FURTHER INFORMATION CONTACT: April E. Nelson, Acting Director,
Office of Standards, Regulations, and Variances, MSHA, at
[email protected] (e-mail); 202-693-9440 (voice); or 202-693-9441
(facsimile).
SUPPLEMENTARY INFORMATION:
I. Public Hearings
On October 19, 2010 (75 FR 64412), MSHA published a proposed rule,
Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors. On February 15, 2011, MSHA concluded
the last of seven public hearings on the proposed rule. Hearings were
held on December 7, 2010, January 11, 13, and 25, 2011, and February 8,
10, and 15, 2011, in Beckley, West Virginia;
[[Page 12649]]
Evansville, Indiana; Birmingham, Alabama; Salt Lake City, Utah;
Washington, PA; Prestonsburg, Kentucky; and Arlington, VA. Verbatim
transcripts of the hearings will be part of the rulemaking record.
Transcripts will be available to the public on MSHA's Web site at
http://www.msha.gov under the ``Rules & Regs'' link.
II. Request for Comments
The key provisions of the proposed rule would lower the existing
concentration limits for respirable coal mine dust, provide for full-
shift sampling, redefine the term ``normal production shift,'' provide
for use of single shift compliance sampling under the mine operator and
MSHA's inspector sampling programs, establish sampling requirements for
use of the Continuous Personal Dust Monitor (CPDM), and expand
requirements for medical surveillance. The proposed rule is available
on MSHA's Web site at http://www.msha.gov/REGS/FEDREG/PROPOSED/2010Prop/2010-25249.pdf.
In developing the proposed rule, MSHA relied on the NIOSH Criteria
Document (Criteria for a Recommended Standard: Occupational Exposure to
Respirable Coal Mine Dust (September 1995)), the Secretary of Labor's
Advisory Committee (Report of the Secretary of Labor's Advisory
Committee on the Elimination of Pneumoconiosis Among Coal Mine Workers
(October 1996)), MSHA'S Quantitative Risk Assessment (QRA), studies in
the Health Effects section of the proposed rule, and information and
data included in the Preliminary Regulatory Economic Analysis (PREA) in
support of the proposal.
MSHA solicits comments on all aspects of the proposed rule and
encourages the mining community to review the proposal, including the
preamble to the proposed rule, the QRA, and the PREA. The QRA and the
PREA are available on MSHA's Web site at http://www.msha.gov/regsqra.asp and http://www.msha.gov/rea.htm, respectively.
As MSHA has stated throughout the rulemaking, the Agency is
interested in information on (1) requests for comments and information
that were included in the preamble to the proposed rule, and (2) issues
that developed from the proposed rule which were raised during the
public hearings. The Agency requests that comments and any alternatives
suggested be as specific as possible, and include any technological and
economic feasibility data, detailed rationale and supporting
documentation, and health benefits to coal miners. Specific and
complete information submitted by commenters will enable MSHA to better
evaluate the provisions of the proposed rule and produce a final rule
that responds to the needs and concerns of the mining community.
1. The proposed rule presents an integrated comprehensive approach
for lowering miners' exposure to respirable coal mine dust. The Agency
is interested in alternatives to the proposal which would be effective
in reducing miners' respirable dust exposure and invites comments on
any alternatives.
2. MSHA solicits comments on the proposed respirable dust
concentration limits. Please provide alternatives to the proposed
limits to be considered in developing the final rule, including
specific suggested limits and your rationale.
3. The proposed rule bases the proposed respirable dust standards
on an 8-hour work shift and a 40-hour workweek. In its 1995 Criteria
Document on Occupational Exposure to Respirable Coal Mine Dust, the
National Institute for Occupational Safety and Health (NIOSH)
recommended lowering exposure to 1.0 mg/m\3\ for each miner for up to a
10-hour work shift during a 40-hour workweek. MSHA solicits comments on
the NIOSH recommendation.
4. MSHA included the proposed phase-in periods for the proposed
lower respirable dust standards to provide sufficient time for mine
operators to implement or upgrade engineering or environmental
controls. MSHA solicits comments on alternative timeframes and factors
that the Agency should consider. Please include any information and
detailed rationale.
5. In the proposal, MSHA also plans to phase in the use of
Continuous Personal Dust Monitors (CPDMs) to sample production areas of
underground mines and Part 90 miners. MSHA solicits comments on the
proposed phasing in of CPDMs, including time periods and any
information with respect to their availability. If shorter or longer
timeframes are recommended, please provide the rationale.
6. MSHA has received a number of comments about the use of the
CPDM. For operators who have used this device, MSHA is interested in
receiving information related to its use. For example, MSHA is
interested in information related to the durability of the unit,
whether and how often the unit had to be repaired, type of repair, cost
of repair, whether the repair was covered under warranty, how long the
unit was unavailable, and any additional relevant information.
7. MSHA understands that some work shifts are longer than 12 hours,
and that dust sampling devices generally last for approximately 12
hours. MSHA solicits comments on appropriate timeframes to switch out
sampling devices, Coal Mine Dust Personal Sampler Units (CMDPSUs, i.e.,
gravimetric samplers) or CPDMs, to ensure continued operation and
uninterrupted protection for miners for the entire shift.
8. The proposed single sample provision is based on improvements in
sampling technology, MSHA experience, updated data, and comments and
testimony from earlier notices and proposals that addressed the
accuracy of single sample measurements. The Agency is particularly
interested in comments on new information added to the record since
October 2003 concerning MSHA's Quantitative Risk Assessment,
technological and economic feasibility, compliance costs, and benefits.
9. MSHA is interested in commenters' views on what actions should
be taken by MSHA and the mine operator when a single shift respirable
dust sample meets or exceeds the Excessive Concentration Value (ECV).
In this situation, if operators use a CPDM, what alternative actions to
those contained in the proposed rule would you suggest that MSHA and
the operator take? MSHA is particularly interested in alternatives to
those in the proposal and how such alternatives would be protective of
miners.
10. A commenter at a public hearing requested clarification on
whether there would be more than one violation of the respirable dust
limit if a single, full-shift sample exceeded the ECV during the same
week that the weekly permissible accumulated exposure (WPAE) limit were
exceeded. Under the proposed rule, it would be a violation for each
occurrence that the ECV or WPAE is exceeded. MSHA is interested in
comments and alternatives to the proposed rule. Comments should be
specific, and include a detailed rationale and how any recommendations
and alternatives would protect miners.
11. The proposal includes a revised definition of normal production
shift so that sampling is taken during shifts that reasonably represent
typical production and normal mining conditions on the MMU. The Agency
requests comments on whether the average of the most recent 30
production shifts specified in the proposed definition would be
representative of dust levels to which miners are typically exposed.
[[Page 12650]]
12. The proposed sampling provisions address interim use of
supplementary controls when all feasible engineering or environmental
controls have been used but the mine operator is unable to maintain
compliance with the dust standard. With MSHA approval, operators could
use supplementary controls, such as rotation of miners, or alteration
of mining or of production schedules, in conjunction with CPDMs to
monitor miners' exposures. MSHA solicits comments on this proposed
approach and any suggested alternatives, as well as the types of
supplementary controls that would be appropriate to use on a short-term
basis.
13. The proposed rule addresses (1) which occupations must be
sampled using CPDMs, and (2) which work positions and areas could be
sampled using either CPDMs or CMDPSUs. MSHA solicits comments on the
proposed sampling occupations and locations. For example, please
comment on whether there are other positions or areas where it may be
appropriate to require the use of CPDMs. Also, comment on whether the
proposed CPDM sampling of ODOs on the MMU is sufficient to address
different mining techniques, potential overexposures, and ineffective
use of approved dust controls.
14. Some commenters have suggested that, for compliance purposes,
respirable dust samples should be taken only on individual miners in
underground coal mines. Under the existing rule, MSHA enforces an
environmental standard, that is, the Agency samples the average
concentration of respirable dust in the mine atmosphere. The proposed
rule would continue the existing practice that samples be collected
from designated high-risk occupations associated with respirable dust
exposure and from designated areas associated with dust generation
sources in underground mines. MSHA solicits comments on the sampling
strategy in the proposed rule, any specific alternatives, supporting
rationale, and how such alternatives would protect miners' health.
15. The proposed rule addresses the frequency of respirable dust
sampling when using a CPDM. MSHA solicits comments on the proposed
sampling frequencies and any suggested alternatives. For example, if
sampling of DOs were less frequent than proposed, what alternative
sampling frequency would be appropriate? Please address a sampling
strategy in case of noncompliance with the respirable dust standard and
provide rationale. Also, should CPDM sampling of ODOs be more or less
frequent than 14 calendar days each quarter? Please be specific in
suggesting alternatives and include supporting rationale.
16. The proposal would require that persons certified in dust
sampling or maintenance and calibration retake the applicable MSHA
examination every 3 years to maintain certification. Under the
proposal, these certified persons would not have to retake the proposed
MSHA course of instruction. MSHA solicits comments on this approach to
certification; please include specific rationale for any suggested
alternatives.
17. In the proposal, MSHA would require that the CPDM daily sample
and error data file information be submitted electronically to the
Agency on a weekly basis. MSHA solicits comments on suggested
alternative timeframes, particularly in light of the CPDM's limited
memory capacity of about 20 shifts.
18. The proposal contains requirements for posting information on
sampling results and miners' exposures on the mine bulletin board. MSHA
solicits comments on the lengths of time proposed for posting data. If
a standard format for reporting and posting data were developed, what
should it include?
19. The periodic medical surveillance provisions in the proposed
rule would require operators to provide an initial examination to each
miner who begins work at a coal mine for the first time and then at
least one follow-up examination after the initial examination. MSHA
solicits comments on the proposed requirements and time periods
specified for these examinations.
20. The proposed respirator training requirements are performance-
based and the time required for respirator training would be in
addition to that required under part 48. Under the proposal, mine
operators could, however, integrate respirator training into their part
48 training schedules. The proposal would require that operators keep
records of training for 2 years. Please comment on the Agency's
proposed approach.
21. The proposed rule specifies procedures and information to be
included in CPDM plans to ensure miners are not exposed to respirable
dust concentrations that exceed proposed standards. For example, the
proposed plan would include pre-operational examination, testing and
set-up procedures to verify the operational readiness of the CPDM
before each shift. It would also include procedures for scheduled
maintenance, downloading and transmission of sampling information, and
posting of reported results. Please comment on the proposed plan
provisions and include supporting rationale.
22. MSHA has received comments that some aspects of the proposed
rule may not be feasible for particular mining applications. MSHA is
interested in receiving comments on the specific mining methods that
may be impacted and alternative technologies and controls that would
protect miners.
23. MSHA has received comments on proposed section 75.332(a)(1)
concerning the use of ``fishtail'' ventilation to provide intake air to
multiple MMUs. Commenters were concerned that, under the proposed rule,
the practice of using fishtail ventilation with temporary ventilation
controls would not be allowed. MSHA solicits comments on any specific
impact of the proposed rule on current mining operations, any suggested
alternatives, and how the alternatives would be protective of miners.
24. The Agency has prepared a PREA, which contains supporting cost
and benefit data for the proposed rule. MSHA has included a discussion
of the costs and benefits in the preamble. MSHA requests comments on
all estimates of costs and benefits presented in the preamble and the
PREA, including compliance costs, net benefits, and approaches used and
assumptions made in the PREA. The PREA is available on MSHA's Web site
at http://www.msha.gov/rea.htm.
25. Commenters have discussed epidemiological studies and data on
coal mine dust exposure presented in the preamble to the proposed rule.
MSHA solicits comments regarding studies and data, and requests that
commenters be as specific as possible. Please identify the studies and
data commented upon, provide detailed rationales for the comments, and
include any relevant information and data that will help MSHA evaluate
the comments.
26. MSHA has received comments that the proposed rule should not
require mine operators to record corrective actions or excessive dust
concentrations as section 75.363 hazardous conditions. MSHA would like
to clarify that the proposal would require that operators record both
excessive dust concentrations and corrective actions in the same manner
as conditions are recorded under section 75.363. However, MSHA would
not consider excessive dust concentrations or corrective actions to be
hazardous conditions, since the proposed requirement is not a section
75.363 required record.
[[Page 12651]]
27. A commenter at the first public hearing suggested that the
timeframe for miners' review of the CPDM Performance Plan be expanded.
For clarification, in developing the proposed rule, MSHA relied on the
timeframe and process in the existing requirements for mine ventilation
plans. In the proposal, MSHA did not intend to change the existing
timeframe and process and stated that the proposed rule is consistent
with ventilation plan requirements and would allow miners'
representatives the opportunity to meaningfully participate in the
process.
Dated: March 2, 2011.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety and Health.
[FR Doc. 2011-5127 Filed 3-7-11; 8:45 am]
BILLING CODE 4510-43-P