Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners

Résumé

This proposed rule would: Revise the existing diesel particulate matter (DPM) interim concentration limit measured by total carbon (TC) to a comparable permissible exposure limit (PEL) measured by elemental carbon (EC) which renders a more accurate DPM exposure measurement; increase flexibility of compliance by requiring MSHA's longstanding hierarchy of controls for its other exposure-based health standards at metal and nonmetal mines, but prohibit rotation of miners for compliance; allow MSHA to consider economic as well as technological feasibility in determining if operators qualify for an extension of time in which to meet the DPM limits; and simplify requirements for a DPM control plan. The proposed rule would also make conforming changes to existing provisions concerning compliance determinations, environmental monitoring and recordkeeping. The existing final rule pertaining to "Diesel Particular Matter Exposure of Underground Metal and Nonmetal Miners," was published in the Federal Register on January 19, 2001 (66 FR 5706, RIN 1219-AB11) and amended on February 27, 2002 (67 FR 9180). This rulemaking is part of a settlement agreement reached in response to a legal challenge t