[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR70.208]

[Page 425]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 70--MANDATORY HEALTH STANDARDS--UNDERGROUND COAL MINES--Table of Contents
 
                     Subpart C--Sampling Procedures
 
Sec. 70.208  Bimonthly sampling; designated areas.

    (a) Each operator shall take one valid respirable dust sample from 
each designated area on a production shift during each bimonthly period 
beginning with the bimonthly period of December 1, 1980. The bimonthly 
periods are:

February 1-March 31
April 1-May 31
June 1-July 31
August 1-September 30
October 1-November 30
December 1-January 31.

    (b) When the respirable dust standard is changed in accordance with 
Sec. 70.101 (Respirable dust standard when quartz is present), 
respirable dust sampling of designated areas shall begin on the first 
production shift during the next bimonthly period following notification 
of such change from MSHA.
    (c) Upon notification from MSHA that any respirable dust sample 
taken from a designated area to meet the requirements of paragraph (a) 
or (b) of this section exceeds the applicable standard in Sec. 70.100 
(Respirable dust standards) or Sec. 70.101 (Respirable dust standard 
when quartz is present), the operator shall take five valid respirable 
dust samples from that designated area within 15 calendar days. The 
operator shall begin such sampling on the first day on which there is a 
production shift following the day of receipt of notification.
    (d) Upon issuance of a citation for a violation of Sec. 70.100 
(Respirable dust standards) or Sec. 70.101 (Respirable dust standard 
when quartz is present) involving a designated area, paragraphs (a), (b) 
and (c) of this section shall not apply to that designated area until 
the violation is abated in accordance with Sec. 70.201(d) (Sampling; 
general requirements).
    (e) Designated area samples shall be collected at locations to 
measure respirable dust generation sources in the active workings. The 
approved mine ventilation plan contents required by Sec. 75.371(t) of 
this chapter shall show the specific locations where designated area 
samples will be collected. Each designated area will be assigned a four-
digit identification number by MSHA.
    (f) MSHA approval of the operator's ventilation system and methane 
and dust control plan may be revoked based on samples taken by MSHA or 
in accordance with this part 70.

[45 FR 24000, Apr. 8, 1980, as amended at 57 FR 20913, May 15, 1992]