[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: 30CFR71.301]

[Page 435]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 71--MANDATORY HEALTH STANDARDS--SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES--Table of Contents
 
                Subpart D--Respirable Dust Control Plans
 
Sec. 71.301  Respirable dust control plan; approval by District Manager and posting.

    (a) The District Manager will approve respirable dust control plans 
on a mine-by-mine basis. When approving respirable dust control plans, 
the District Manager shall consider whether:
    (1) The respirable dust control measures would be likely to maintain 
compliance with the respirable dust standard; and
    (2) The operator's compliance with all provisions of the respirable 
dust control plan could be objectively ascertained by MSHA.
    (b) MSHA may take respirable dust samples to determine whether the 
respirable dust control measures in the operator's plan effectively 
maintain compliance with the respirable dust standard.
    (c) The operator shall comply with all provisions of each respirable 
dust control plan upon notice from MSHA that the respirable dust control 
plan is approved.
    (d) The operator shall post on the mine bulletin board a copy of 
each current respirable dust control plan approved by the District 
Manager.
    (e) The operator may review respirable dust control plans and submit 
proposed revisions to such plans to the District Manager for approval.