Final Rule May 18, 2006

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Final Rule May 18, 2006
DIESEL PARTICULATE MATTER EXPOSURE OF U/G MNM
MINERS
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Diesel Particulate Matter Exposure Of U/G MNM
Miners

• Overview of May 18, 2006 rule
• DPM requirements in effect
• DPM requirements not in effect
• Other key DPM requirements
• TC vs. EC

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DPM Carbon Components
Vapor Phase Hydrocarbons (OC)
Elemental Carbon Cores (EC)
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DPM Carbon Components
Vapor Phase Hydrocarbons (OC)
Elemental Carbon Cores (EC)
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DPM Carbon Components
Hydrocarbons Adsorbed Onto Elemental Carbon Cores
(OC EC)
OC EC TC 2001 Rule Interim Limit 400TC
µg/m3 Final Limit 160TC µg/m3
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DPM Carbon Components
OC23
EC77
Vapor Phase Hydrocarbons (OC)
Elemental Carbon Cores (EC)
77 x 1.3 100 EC x 1.3 TC 308EC X 1.3 400TC
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May 18, 2006 Final Rule

• Phases in final DPM PELs over two years
• 308EC µg/m3 - effective May 20, 2006
• 350TC µg/m3 - effective January 20, 2007
• 160TC µg/m3 - effective May 20, 2008
• 1st step, 308EC µg/m3, is an EC limit
• 2nd 3rd steps are TC limits
• Will use 1.3 conversion factor for 350TC µg/m3
  limit as we did under the Settlement Agreement
  and use EC to validate
• MSHA will initiate separate rulemaking to convert
  160 TC limits to comparable EC limits

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May 18, 2006 Final Rule

• Deletes provision restricting newer mines from
  applying for Special Extension
• Effective August 16, 2006 - Medical evaluation to
  determine miner's ability to wear a respirator
  and transfer of miners unable to wear a respirator

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Respiratory Protection(New Provisions)

• Applicable when respiratory protection is
  required
• Confidential medical evaluation required to
  determine miners ability to use a respirator
• Must conduct before fit testing or use at mine
• No cost to miner
• Evaluation must be by physician or other licensed
  health care professional (PLHCP)
• If PLHCP determines miner is unable to wear
  negative pressure respirator, PLHCP must also
  evaluate miners ability to wear powered air
  purifying respirator (PAPR)

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Respiratory Protection(New Provisions)

• Mine operator must insure miner has opportunity
  to discuss their evaluation results with the
  PLHCP before the PLHCP submits written
  determination on miners ability to wear
  respirator to the mine operator
• If miner disagrees with PLHCPs evaluation
  results, the miner has 30 days to submit
  additional evidence regarding their medical
  condition to the PLHCP

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Respiratory Protection(New Provisions)

• Mine operator must obtain written determination
  from PLHCP regarding miners ability to wear
  respirator
• Mine operator must assure that PLHCP provides
  copy of determination to miner
• Reevaluation required whenever mine operator has
  reason to believe conditions have changed which
  could adversely affect miners ability to wear
  respirator

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Respiratory Protection(New Provisions)

• Upon written notification that PLHCP has
  determined that miner is unable to wear
  respirator, miner must be transferred to work in
  existing position in area of same mine where
  respirator is not required
• Transfer must be within 30 days of final
  determination by PLHCP

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Respiratory Protection(New Provisions)

• Miner must continue to receive compensation at no
  less than regular rate of pay in the
  classification held by the miner immediately
  prior to transfer
• Increases in wages of the transferred miner based
  on new work classification
• Mine operator must maintain records of identity
  of PLHCP and the most recent determination of
  each miners ability to wear respirator. Records
  must be kept for duration of miners employment
  6 months

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DPM Provisions In Effect

• 57.5060 (b) Final limit
• 1st phase, May 20, 2006, 308EC ug/m3
• 2nd phase, January 20, 2007, 350TC µg/m3
• 3rd phase, May 20, 2008, 160TC µg/m3
• 57.5060 (c) Special extensions
• 57.5060 (d) Controls and respiratory
  protection
• 57.5060 (e) Rotation of miners
• 57.5061 Compliance determinations
• 57.5065 Fueling practices
• 57.5066 Maintenance standards
• 57.5067 Engines
• 57.5070 Miner training
• 57.5071 Exposure monitoring
• 57.5075 Diesel particulate records

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DPM Provisions Not In Effect

• August 16, 2006 Medical evaluation of
  respirator wearers and transfer of miners unable
  to wear a respirator
• Rulemaking to convert TC final limits to
  comparable EC limits

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Thank You