[[pp. 5906-5910]] Diesel Particulate Matter Exposure of Underground Metal and

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: January 19, 2001 (Volume 66, Number 13)]
[Rules and Regulations]
[Page 5906-5910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja01-19]

[[pp. 5906-5910]] Diesel Particulate Matter Exposure of Underground Metal and
Nonmetal Miners

[[Continued from page 5905]]

[[Page 5905]]

Multivariate Approach,'' Soz Praventivmed, 39:372-378, 1994.
Pope, C. A., et al., ``Particulate Air Pollution as a Predictor
of Mortality in a Prospective Study of U.S. Adults,'' American
Journal of Respiratory and Critical Care Medicine, 151:669-674,
1995.
Pope, C.A. and R.E. Kanner, ``Acute Effects of PM10
Pollution on Pulmonary Function of Smokers with Mild to Chronic
Obstructive Pulmonary Disease,'' American Review of Respiratory
Disease, 47:1336-1340, 1993.
Purdham, James, et al., ``Environmental and Medical Assessment
of Stevedores Employed in Ferry Operations,'' App. Ind. Hyg., Vol.
2, No. 3, May 1987.
Qu, Shu-Xin, et al., ``DNA adducts in miners: Association with
Exposures to Diesel Engine Emissions,'' Biomarkers, 2:95-102 1997.
Randerath K., et al., Pulmonary Toxicity of Inhaled Diesel
Exhaust and Carbon Black in Chronically Exposed Rats. Part II: DNA
Damage (HEI Research Report #68) Cambridge: Health Effects
Institute, 1995.
Raffle, P.A., ``The Health of the Worker,'' British Journal of
Industrial Medicine, 14:73-80, 1957.
Rafnsson, Vilhjalmur, and Holmfriour Gunnarsdottir, ``Mortality
Among Professional Drivers,'' Scandinavian Journal of Work,
Environment and Health, 17:312-317, 1991.
Reger, R., et al., ``Coal Miners Exposed to Diesel Exhaust
Emissions,'' Annals of Occupational Hygiene, Vol. 26, Nos. 1-4, pp.
799-815, 1982.
Rice, George S., ``Notes on Testing the Explosibility of Coal
Dusts and a Proposal to Have an International Test Method,'' U.S.
Department of the Interior, Bureau of Mines, Information Circular
6878, March 1936.
Rockette, H.E., ``Cause Specific Mortality of Coal Miners,''
Journal of Occupational Medicine, 19:795-801, 1977.
Rooke, G.B., F.G. Ward, A.N. Dempsey, J.B. Dowler, C.J.
Whitaker, ``Carcinoma of the Lung in Lancashire Coal Miners,''
Thorax, 34:229-233, 1979.
Rudell, B., et al., ``Effects on Symptoms and Lung Function in
Humans Experimentally Exposed to Diesel Exhaust,'' Occupational and
Environmental Medicine, 53:658-662, 1996.
Rushton, L., et al., ``Epidemiological Survey of Maintenance
Workers in London Transport Executive Bus Garages and Chiswick
Works,'' British Journal of Industrial Medicine, 40:340-345, 1983.
Sagai, M., et al., ``Biological Effects of Diesel Exhaust
Particles. I. In Vitro Production of Superoxide and In Vivo Toxicity
in Mouse,'' Free Radical Biology & Medicine, 14:37-47, January 1993.
Salvi, Sundeep, et al., ``Acute Inflammatory Responses in the
Airways and Peripheral Blood After Short-Term Exposure to Diesel
Exhaust in Healthy Human Volunteers,'' Am. J. Respir. Care Med.
159:702-709, 1999.
Samet, Jonathan, and Thomas Burke, Peer Review of MSHA's Revised
Draft Risk Assessment on Miners' Exposure to Diesel Particulate
Matter, November 10, 1997.
Sauerteig, Jaime, ``The Future of the Diesel Engine in
Tomorrow's Environment,'' paper presented at the SAE TOPTEC
Conference, May 23-24, 1995.
Saverin, R. et al. ``Diesel Exhaust and Lung Cancer Mortality in
Potash Mining,'' American Journal of Industrial Medicine, 36:415-
422, 1999.
Schrenk, H.H., et al., ``Air Pollution in Donora, PA.
Epidemiology of the Unusual Smog Episode of October 1948,''
Preliminary Report, Public Health Bulletin No. 306, Public Health
Service, Bureau of State Services, 1949.
Schenker, M.B., et al., ``Markers of Exposure to Diesel Exhaust
in Railroad Workers,'' Research Report No. 33, Health Effects
Institute, Cambridge, MA, 1990.
Schenker, M.B., et al., ``Diesel Exposure and Mortality Among
Railway Workers: Results of a Pilot Study,'' British Journal of
Industrial Medicine, 41:320-327, 1984.
Schwartz, J., et al., ``Is Daily Mortality Associated
Specifically with Fine Particles,'' Journal of the Air & Waste
Management Association, 46(10):927-939, October 1996.
Seaton, Anthony, et al., ``Particulate Air Pollution and Acute
Health Effects,'' Lancet, 345(8943):176-178, January 1995.
Shea, Quinlan J., ``New Dirt on a Very Old Problem: Particulate
Matter NAAQS,'' Mining Voice, Nov/Dec 1995.
Shirname-More, Lata, ``Genotoxicity of Diesel Emissions, Part I:
Mutagenicity and Other Genetic Effects'' in Diesel Exhaust: A
Critical Analysis of Emissions, Exposure, and Health Effects, pp.
223-242, Health Effects Institute, Cambridge, MA, 1995.
Siak, J.S., et al., ``Diesel Particulate Extracts in Bacterial
Test Systems,'' Biomedical Science Department, General Motors
Research Laboratories, Warren, Michigan, 1981.
Siemiatycki, Jack, Risk Factors for Cancer in the Workplace, CRC
Press, (Boca Raton, Florida) 1991.
Siemiatycki, Jack, et al., ``Associations Between Several Sites
of Cancer and Ten Types of Exhaust and Combustion Products,''
Scandinavian Journal of Work, Environment and Health, 14:79-90,
1988.
Silverman, Debra T., ``Is Diesel Exhaust a Human Lung
Carcinogen?'', Epidemiology, 9:4-6, 1998.
Society of Automotive Engineers, Diesel Exhaust Aftertreatment
1995, SP-1073, February 1995.
Society of Automotive Engineers, Developments in Diesel
Particulate Control, SP-735, 1988.
Society of Automotive Engineers, Characterization of Heavy-Duty
Diesel Gaseous and Particulate Emissions, and Effects of Fuel
Composition, 0148-7191, 1979.
Society of the Plastics Industry, v. Occupational Safety and
Health Administration, 509 F.2d 1301, decided January 31, 1975, stay
denied March 31, 1975.
Stayner, L., et al., ``Predicted Lung Cancer Risk Among Miners
Exposed to Diesel Exhaust Particles,'' American Journal of
Industrial Medicine, 1998.
Steenland, K. et al., Diesel Exhaust and Lung Cancer in the
Trucking Industry: Exposure-Response Analyses and Risk Assessment,
American Journal of Industrial Medicine, 34:220-228, 1998.
Steenland, K., et al., ``Exposure to Diesel Exhaust in the
Trucking Industry and Possible Relationships with Lung Cancer,''
American Journal of Industrial Medicine, 21:887-890, 1992.
Steenland, Kyle, et al., ``Case-Control Study of Lung Cancer and
Truck Driving in the Teamsters Union,'' American Journal of Public
Health, 80(6): 670-674, 1990.
Stober, Werner and Urich R. Abel, ``Lung Cancer Due to Diesel
Soot Particles in Ambient Air? A Critical Appraisal of
Epidemiological Studies Addressing This Question,'' International
Archives of Occupational and Environmental Health, 68 (Suppl):S3-
S61, 1996.
Swanson, G. Marie, C. S. Lin and P. B. Burns, ``Diversity in the
Association Between Occupation and Lung Cancer Among Black and White
Men,'' Cancer Epidemiology, Biomarkers & Prevention, 2:313-320,
July/August 1993.
Takano, Hiroshisa, et al., ``Diesel Exhaust Particles Enhance
Antigen-Induced Airway Inflammation and Local Cytokine Expression in
Mice,'' American Journal of Respiratory and Critical Care Medicine,
156:36-42, 1997.
Takenaka, Hiroshi, et al., ``Enhanced Human IgE Production
Results from Exposure to the Aromatic Hydrocarbons from Diesel
Exhaust: Direct Effects on B-Cell IgE Production,'' J Allergy Clin
Immunol, 95-103-115, 1995.
Taubes, G., ``Epidemiology Faces Its Limits,'' (editorial),
Science, 269:164-169, July 1995.
Tomb, Thomas, and R.A. Haney, ``Results of Underground Mine
Studies to Assess Diesel Particulate Exposures and Control
Technologies,'' Mining Engineering, pp. 276-279, March 1995.
Tsien, Albert, et al., ``The Organic Component of Diesel Exhaust
Particles and Phenanthrene, a Major Polyaromatic Hydrocarbon
Constituent, Enhances IgE Production by IgE-Secreting EBV-
Transformed Human B Cells in Vitro,'' Toxicology and Applied
Pharmacology, 142:256-263, 1997.
Ulfvarson, Ulf, and Rolf Alexandersson, ``Reduction in Adverse
Effect on Pulmonary Function After Exposure to Filtered Diesel
Exhaust,'' American Journal of Industrial Medicine, 17:341-347,
1990.
Ulfvarson, Ulf, et al., ``Effects of Exposure to Vehicle Exhaust
on Health,'' Scandinavian Journal of Work, Environment and Health,
13:505-512, 1987.
United States Code, Title 5, Government Organization and
Employees, Section 605, Avoidance of Duplicative or Unnecessary
Analyses.
United States Code, Title 29, Labor, Section 654(a)(1) and
655(c), Duties of Employers and Employees.
United States Department of Energy, Energy Information
Administration, DOE/EIA-0384(96), Annual Energy Review 1996, pp. 205
and 209, July 1997.
United States Department of the Interior, Bureau of Mines,
``Evaluation of a Disposable Diesel Exhaust Filter for Permissible
Mining Machines,'' Report of Investigations No. 9508, 1994.
United States Department of the Interior, Bureau of Mines,
``Evaluation of Catalyzed

[[Page 5906]]

Diesel Particulate Filters Used in an Underground Metal Mine'',
Report of Investigations No. 9478, 1993.
United States Department of the Interior, Bureau of Mines, ``In-
Service Performance of Catalyzed Ceramic Wall-Flow Diesel
Particulate Filters,'' in Diesels in Underground Coal Mines:
Measurement and Control of Particulate Emissions, Information
Circular No. 9324, 1992.
United States Department of the Interior, Bureau of Mines,
``Diesel in Underground Mines: Measurement and Control of
Particulate Emissions,'' Information Circular No. 9324, 1992.
United States Department of the Interior, Bureau of Mines,
public comment submitted in response to MSHA's January 1992 ANPRM,
87-OFED-1, July 7, 1992.
United States Department of the Interior, Bureau of Mines,
``Fuel Additive and Engine Operation Effects on Diesel Soot
Emissions,'' Information Circular No. 9238, 1990.
United States Department of the Interior, Bureau of Mines,
Relationship of Underground Diesel Engine Maintenance to Emissions,
Vol. I and II, contract H-0292009, 1979.
United States Department of the Interior, United States
Geological Survey, USDI/USGS, Mineral Commodity Summaries 1997,
February 1997.
United Steelworkers of America, AFL-CIO-CLC v. F. Ray Marshall,
647 F.2d 1189 (1980).
Valberg, Peter A. and Ann Y. Watson, ``Analysis of Diesel-
Exhaust Unit-Risk Estimates Derived from Animal Bioassays,''
Regulatory Toxicology and Pharmacology, 24:30-44, 1996.
VERT (Verminderung der Emissionen von Realmaschinen in
Tunnelbau), ``Efficiency of Diesel Particulate Traps, VERT-
Certification Test, Average 4 Operation Points, ISO 8187,'' March
23, 2000.
Vuk, Carl, Martin Jones, and John Johnson, The Measurement and
Analysis of the Physical Character of Diesel Particulate Emissions,
Society of Automotive Engineers, Automotive Engineering Congress and
Exposition, Detroit, Michigan, February 23-27, 1976.
Wade, J.F., and L.S. Newman, ``Diesel Asthma. Reactive Airways
Disease Following Overexposure to Locomotive Exhaust,'' Journal of
Occupational Medicine, 35(2):149-154, February 1993.
Wallace, William, et al., ``Mutagenicity of Diesel Exhaust
Particles and Oil Shale Particles Dispersed in Lecithin
Surfactant,'' Journal of Toxicology and Environmental Health,
21:163-171, 1987.
Waller, R.E., ``Trends in Lung Cancer in London in Relation to
Exposure to Diesel Fumes,'' Environment International, 5:479-483,
1981.
Watson, Ann Y. and Gareth M. Green, ``Noncancer Effects of
Diesel Emissions: Animal Studies,'' in Diesel Exhaust: A Critical
Analysis of Emissions, Exposure, and Health Effects, pp. 141-164,
Health Effects Institute, Cambridge, MA 1995.
Watts, Winthrop, F., ``Assessment of Occupational Exposure to
Diesel Emissions,'' in Diesel Exhaust: A Critical Analysis of
Emissions, Exposure, and Health Effects, pp. 109-123, Health Effects
Institute, Cambridge, MA., 1995.
Watts, Winthrop, F., et al., ``Diesel Exhaust Aerosol Levels in
Underground Coal Mines,'' U.S. Bureau of Mines, Information Circular
No. 9324, pp. 31-39, 1992.
Watts, Winthrop, F., et al., ``Control of Diesel Particulate
Matter in Underground Coal Mines,'' United States Department of
Interior, Bureau of Mines, Report of Investigations No. 9276, 1989.
Waxweiler, Richard, et al., ``Mortality of Potash Workers,''
Journal of Occupational Medicine, Vol. 15, No. 6, June 1973.
Weitzman, Sigmund A. and Leo Gordon, ``Inflammation and Cancer:
Role of Phagocyte-Generated Oxidants in Carcinogenesis,'' Blood,
76(4):655-663, August 15, 1990.

West Virginia House Bill No. 2890, May 5, 1997.

White House Press Release, Office of the Vice President, ``Vice
President Gore Announces Joint Industry-Government Research Plan to
Produce the World's Cleanest Diesels,'' July 23, 1997.
Widdicombe, J. et al., ``Nerve Receptors of the Upper Airway,''
in Matthew, O.P. and G. Sant' Ambrogio, eds., Respiratory Function
of the Upper Airway, pp. 193-231, 1988.
Williams, Roger, et al., ``Associations of Cancer Site and
Typewith Occupation and Industry From the Third National Cancer
Survey Interview,'' Journal of the National Cancer Institute, Vol.
59, No. 4, October 1977.
Wolff, Ronald K., et al. Pulmonary inflamation and DNA adducts
in rats inhaling diesel exhaust or carbon black. Inhalation
Toxicology, 2:241-254, 1990.
Wong, O., ``Mortality Among Members of a Heavy Construction
Equipment Operators Union with Potential Exposure to Diesel Exhaust
Emissions,'' British Journal of Industrial Medicine, 42:435-448,
1985.
Woskie, Susan R., et al., ``Estimation of the Diesel Exhaust
Exposures of Railroad Workers: I. Current Exposures,'' American
Journal of Industrial Medicine, 13:381-394, 1988.
Woskie, Susan R., et al., ``Estimation of the Diesel Exhaust
Exposures of Railroad Workers: II. National and Historical
Exposures,'' American Journal of Industrial Medicine, 13:395-404,
1988.
Zaebst, D.D., et al., ``Quantitative Determination of Trucking
Industry Workers' Exposures to Diesel Exhaust Particles,'' American
Industrial Hygiene Association Journal, (52), December 1991.

Supplementary References

Below is a list of supplemental references that MSHA reviewed
and considered in the development of the proposed rule. These
documents are not specifically cited in the preamble discussion, but
are applicable to MSHA's findings:
Bice, D.E., et al., ``Effects of Inhaled Diesel Exhaust on
Immune Responses after Lung Immunization,'' Fundamental and Applied
Toxicology, 5:1075-1086, 1985.
California Environmental Protection Agency, Air Resources Board,
News Release, ``ARB Identifies Diesel Particulate Emissions as a
Toxic Air Contaminant,'' August 27, 1998.
Fischer, Torkel, and Bolli Bjarnason, ``Sensitizing and Irritant
Properties of 3 Environmental Classes of Diesel Oil and Their
Indicator Dyes,'' Contact Dermatitis, 34:309-315, 1996.
Frew, A.J., and S.S. Salvi, ``Diesel Exhaust Particles and
Respiratory Allergy,'' Clinical and Experimental Allergy, 27:237-
239, 1997.
Fujimaki, Hidekazu, et al., ``Intranasal Instillation of Diesel
Exhaust Particles and Antigen in Mice Modulated Cytokine Productions
in Cervical Lymph Node Cells,'' International Archives of Allergy
and Immunology, 108:268-273, 1995.
Fujimaki, Hidekazu, et al., ``IL-4 Production in Mediastinal
Lymph Node Cells in Mice Intratracheally Instilled with Diesel
Exhaust Particles and Antigen,'' Toxicology, 92:261-268, 1994.
Fujimaki, Hidekazu, et al., ``Inhalation of Diesel Exhaust
Enhances Antigen-Specific IgE Antibody Production in Mice,''
Toxicology, 116:227-233, 1997.
Ikeda, Masahiko, et al., ``Impairment of Endothelium-Dependent
Relaxation by Diesel Exhaust Particles in Rat Thoracic Aorta,''
Japanese Journal of Pharmacology, 68:183-189, 1995.
Muranaka, Masaharu, et al., ``Adjuvant Activity of Diesel-
Exhaust Particles for the Production of IgE Antibody in Mice,'' J
Allergy Clin Immunology, 77:616-623, 1986.
Northridge, Mary, ``Diesel Exhaust Exposure Among Adolescents in
Harlem: A Community-Driven Study,'' American Journal of Public
Health, (89) 998-1002, July 1999.
Scientific Review Panel, Findings on the Report on Diesel
Exhaust as a Toxic air Contaminant, as adopted at the Panel's April
22, 1998 meeting.
Stayner, Leslie, ``Protecting Public Health in the Face of
Uncertain Risks: The Example of Diesel Exhaust,'' American Journal
of Public Health, (89) 991-993, July 1999.
Takafuji, Shigeru, et al., ``Diesel-Exhaust Particulates
Inoculated by the Intranasal Route Have an Adjuvant Activity for IgE
Production in Mice,'' J Allergy Clin Immunol, 79:639-645, 1987.
Terada, Nobushisa, et al., ``Diesel Exhaust Particulates Enhance
Eosinophil Adhesion to Nasal Epithelial Cells and Cause
Degranulation,'' International Archives of Allergy and Immunology,
114:167-174, 1997.
Yang, Hui-Min, et al., ``Effects of Diesel Exhaust Particles on
the Release of Interleukin-1 and Tumor Necrosis Factor-Alpha from
Rat Alveolar Macrophages,'' Experimental Lung Research, 23:269-284,
1997.

List of Subjects in 30 CFR Part 57

Metal and nonmetal, Mine safety and health, Underground mines,
Diesel particulate matter.

Dated: January 8, 2001.
Robert A. Elam,
Acting Assistant Secretary for Mine Safety and Health.

Chapter I of Title 30 of the Code of Federal Regulations is hereby
amended as follows:

[[Page 5907]]

PART 57--[AMENDED]

1. The authority citation for Part 57 continues to read as follows:

Authority: 30 U.S.C. 811, 957, 961.

2. The heading of Subpart D of Part 57 is revised to read as
follows:

Subpart D--Air Quality, Radiation, Physical Agents, and Diesel
Particulate Matter

3. A new undesignated center heading and Secs. 57.5060 through
56.5075 are added to subpart D.

DIESEL PARTICULATE MATTER--UNDERGROUND ONLY

Sec.
57.5060 Limit on concentration of diesel particulate matter.
57.5061 Compliance determinations.
57.5062 Diesel particulate matter control plan.
57.5065 Fueling and idling practices.
57.5066 Maintenance standards.
57.5067 Engines.
57.5070 Miner training.
57.5071 Environmental monitoring.
57.5075 Diesel particulate records.

DIESEL PARTICULATE MATTER--UNDERGROUND ONLY

Sec. 57.5060 Limit on concentration of diesel particulate matter.

(a) After July 19, 2002 and until January 19, 2006, any mine
operator covered by this part must limit the concentration of diesel
particulate matter to which miners are exposed in underground areas of
a mine by restricting the average eight-hour equivalent full shift
airborne concentration of total carbon, where miners normally work or
travel, to 400 micrograms per cubic meter of air (400TC
g/m\3\).
(b) After January 19, 2006, any mine operator covered by this part
must limit the concentration of diesel particulate matter to which
miners are exposed in underground areas of a mine by restricting the
average eight-hour equivalent full shift airborne concentration of
total carbon, where miners normally work or travel, to 160 micrograms
per cubic meter of air (160TC g/m\3\).
(c)(1) If, as a result of technological constraints, a mine
requires additional time to come into compliance with the limit
specified in paragraph (b) of this section, the operator of the mine
may file an application with the Secretary for a special extension.
(2) No mine may be granted more than one special extension, nor may
the time otherwise available under this section to a mine to comply
with the limit specified in paragraph (b) be extended by more than two
years.
(3) The application for a special extension may be approved, and
the additional time authorized, only if the application includes
information adequate for the Secretary to ascertain:
(i) That diesel-powered equipment was used in the mine prior to
October 29, 1998;
(ii) That there is no combination of controls that can, due to
technological constraints, bring the mine into full compliance with the
limit specified in paragraph (b) within the time otherwise specified in
this section;
(iii) The lowest achievable concentration of diesel particulate, as
demonstrated by data collected under conditions that are representative
of mine conditions using the method specified in Sec. 57.5061; and
(iv) The actions the operator will take during the duration of the
extension to:
(A) Maintain the lowest concentration of diesel particulate; and
(B) Minimize the exposure of miners to diesel particulate.
(4) The Secretary may approve an application for a special
extension only if:
(i) The mine operator files, the application at least 180 days
prior to the date the mine must be in full compliance with the limit
established by paragraph (b) of this section; and
(ii) The application certifies that the operator has posted one
copy of the application, at the mine site for 30 days prior to the date
of application, and has provided another copy to the authorized
representative of miners.
(5) A mine operator must comply with the terms of any approved
application for a special extension, and post a copy of an approved
application for a special extension at the mine site for the duration
of the special extension period.
(d)(1) Mine operators may permit miners engaged in inspection,
maintenance, or repair activities, and only in such activities, with
the advance approval of the Secretary under the circumstances and
conditions defined in paragraphs (d)(2) through (d)(4) of this section,
to work in concentrations of diesel particulate matter exceeding the
applicable concentration limit under paragraph (a) or (b) of this
section.
(2) The Secretary will only provide advance approval:
(i) For inspection, maintenance or repair activities to be
conducted:
(A) In areas where miners work or travel infrequently or for brief
periods of time;
(B) In areas where miners otherwise work exclusively inside of
enclosed and environmentally controlled cabs, booths and similar
structures with filtered breathing air; or
(C) In shafts, inclines, slopes, adits, tunnels and similar
workings that the operator designates as return or exhaust air courses
and that miners use for access into the mine or egress from the mine;
(ii) When the Secretary determines that it is not feasible to
reduce the concentration of dpm in the areas where the inspection,
maintenance or repair activities are to be conducted to those otherwise
applicable under paragraph (a) or (b) of this section; and
(iii) When the Secretary determines that the mine operator will
employ adequate safeguards to minimize the dpm exposure of the miners.
(3) The Secretary's determinations under paragraph (d)(2) of this
section will be based on evaluating a plan prepared and submitted by
the operator no less than 60 days before the commencement of any
inspection, maintenance or repair activities. The mine operator must
certify in the plan that one copy of the application has been posted at
the mine site for 30 days prior to the date of submission, and another
copy has been provided to the authorized representative of miners. The
plan must identify, at a minimum, the types of anticipated inspection,
maintenance, and repair activities that must be performed for which
engineering controls sufficient to comply with the concentration limit
are not feasible, the locations where such activities could take place,
the concentration of dpm in these locations, the reasons why
engineering controls are not feasible, the anticipated frequency and
duration of such activities, the anticipated number of miners involved
in such activities, and the safeguards that the operator will employ to
limit miner exposure to dpm, including, but not limited to the use of
respiratory protective equipment. The approved plan must include a
program for selection, maintenance, training, fitting, supervision,
cleaning and use of personal protective equipment and must meet the
minimum requirements established in Sec. 57.5005 (a) and (b).
(4) An advance approval by the Secretary for employees to engage in
inspection, maintenance, or repair activities will be valid for no more
than one year. A mine operator must comply with the conditions of the
approved plan [which was the basis of the approval], and must post a
copy of the approved plan at the mine site for the duration of its
applicability.
(e) Other than pursuant to the conditions required in paragraphs
(c) or (d) of this section, an operator must not

[[Page 5908]]

utilize personal protective equipment to comply with the requirements
of either paragraph (a) or paragraph (b) of this section.
(f) An operator must not utilize administrative controls to comply
with the requirements of this section.

Sec. 57.5061 Compliance determinations.

(a) A single sample collected and analyzed by the Secretary in
accordance with the requirements of this section shall be an adequate
basis for a determination of noncompliance with an applicable limit on
the concentration of diesel particulate matter pursuant to
Sec. 57.5060.
(b) The Secretary will collect samples of diesel particulate matter
by using a respirable dust sampler equipped with a submicrometer
impactor and analyze the samples for the amount of total carbon using
the method described in NIOSH Analytical Method 5040, except that the
Secretary also may use any methods of collection and analysis
subsequently determined by NIOSH to provide equal or improved accuracy
for the measurement of diesel particulate matter. Copies of the NIOSH
5040 Analytical Method are available by contacting MSHA's, Pittsburgh
Safety and Health Technology Center, P.O. Box 18233, Cochrans Mill
Road, Pittsburgh, PA 15236.
(c) The Secretary will determine the appropriate sampling strategy
for compliance determination, utilizing personal sampling, occupational
sampling, and/or area sampling, based on the circumstances of the
particular exposure.

Sec. 57.5062 Diesel particulate matter control plan.

(a) In the event of a violation by the operator of an underground
metal or nonmetal mine of the applicable concentration limit
established by Sec. 57.5060, the operator, in accordance with the
requirements of this section, must--
(1) Establish a diesel particulate matter control plan for the mine
if one is not already in effect, or modify the existing diesel
particulate matter control plan, and
(2) Demonstrate that the new or modified diesel particulate matter
control plan controls the concentration of diesel particulate matter to
the applicable concentration limit specified in Sec. 57.5060.
(b) A diesel particulate control plan must describe the controls
the operator will utilize to maintain the concentration of diesel
particulate matter to the applicable limit specified by Sec. 57.5060.
The plan also must include a list of diesel-powered units maintained by
the mine operator, information about any unit's emission control
device, and the parameters of any other methods used to control the
concentration of diesel particulate matter. The operator may
consolidate the plan with the ventilation plan required by
Sec. 57.8520. The operator must retain a copy of the current diesel
particulate matter control plan at the mine site during its duration
and for one year thereafter.
(c) An operator must demonstrate plan effectiveness by monitoring,
using the measurement method specified by Sec. 57.5061(b), sufficient
to verify that the plan will control the concentration of diesel
particulate matter to the applicable limit under conditions that can be
reasonably anticipated in the mine. The operator must retain a copy of
each verification sample result at the mine site for five years. The
operator monitoring must be in addition to, and not in lieu of, any
sampling by the Secretary pursuant to Sec. 57.5061.
(d) The records required by paragraphs (b) and (c) of this section
must be available for review upon request by the authorized
representative of the Secretary, the authorized representative of the
Secretary of Health and Human Services, or the authorized
representative of miners. In addition, upon request by the District
Manager or the authorized representative of miners, the operator must
provide a copy of any records required to be maintained pursuant to
paragraph (b) or (c) of this section.
(e)(1) A control plan established as a result of this section must
remain in effect for 3 years from the date of the violation which
caused it to be established, except as provided in paragraph (e)(3) of
this section.
(2) A modified control plan established as a result of this section
must remain in effect for 3 years from the date of the violation which
caused the plan to be modified, except as provided in paragraph (e)(3)
of this section.
(3) An operator must modify a diesel particulate matter control
plan during its duration as required to reflect changes in mining
equipment or circumstances. Upon request from the Secretary, an
operator must demonstrate the effectiveness of the modified plan by
monitoring, using the measurement method specified by Sec. 57.5061,
sufficient to verify that the plan will control the concentration of
diesel particulate matter to the applicable limit under conditions that
can be reasonably anticipated in the mine.
(f) The Secretary will consider an operator's failure to comply
with the provisions of the diesel particulate matter control plan in
effect at a mine or to conduct required verification sampling to be a
violation of this part without regard for the concentration of diesel
particulate matter that may be present at any time.

Sec. 57.5065 Fueling and idling practices.

(a) Diesel fuel used to power equipment in underground areas must
not have a sulfur content greater than 0.05 percent. The operator must
retain purchase records that demonstrate compliance with this
requirement for one year after the date of purchase.
(b) The operator must only use fuel additives registered by the
U.S. Environmental Protection Agency in diesel powered equipment
operated in underground areas.
(c) Idling of mobile diesel-powered equipment in underground areas
is prohibited except as required for normal mining operations.

Sec. 57.5066 Maintenance standards.

(a) Any diesel powered equipment operated at any time in
underground areas must meet the following maintenance standards:
(1) The operator must maintain any approved engine in approved
condition;
(2) The operator must maintain the emission related components of
any non-approved engine to manufacturer specifications; and
(3) The operator must maintain any emission or particulate control
device installed on the equipment in effective operating condition.
(b)(1) A mine operator must authorize and require each miner
operating diesel powered equipment underground to affix a visible and
dated tag to the equipment at any time the miner notes any evidence
that the equipment may require maintenance in order to comply with the
maintenance standards of paragraph (a) of this section.
(2) A mine operator must ensure that any equipment tagged pursuant
to this section is promptly examined by a person authorized by the mine
operator to maintain diesel equipment, and that the affixed tag not be
removed until the examination has been completed.
(3) A mine operator must retain a log of any equipment tagged
pursuant to this section. The log must include the date the equipment
is tagged, the date the equipment is examined, the name of the person
examining the equipment, and any action taken as a result of the
examination. The operator must retain the information in the log for
one year

[[Page 5909]]

after the date the tagged equipment was examined.
(c) Persons authorized by a mine operator to maintain diesel
equipment covered by paragraph (a) of this section must be qualified,
by virtue of training or experience, to ensure that the maintenance
standards of paragraph (a) of this section are observed. An operator
must retain appropriate evidence of the competence of any person to
perform specific maintenance tasks in compliance with those standards
for one year after the date of any maintenance, and upon request must
provide the documentation to the authorized representative of the
Secretary.

Sec. 57.5067 Engines.

(a) Any diesel engine introduced into an underground area of a mine
covered by this part after March 20, 2001, other than an engine in an
ambulance or fire fighting equipment which is utilized in accordance
with mine fire fighting and evacuation plans, must either:
(1) Have affixed a plate evidencing approval of the engine pursuant
to subpart E of Part 7 of this title or pursuant to Part 36 of this
title; or
(2) Meet or exceed the applicable particulate matter emission
requirements of the Environmental Protection Administration listed in
Table 57.5067-1, as follows:

Table 57.5067-1
------------------------------------------------------------------------
EPA requirement EPA category PM limit
------------------------------------------------------------------------
40 CFR 86.094- light duty vehicle.. 0.1 g/mile.
8(a)(1)(i)(A)(2).
40 CFR 86.094- light duty truck.... 0.1 g/mile.
9(a)(1)(i)(A)(2).
40 CFR 86.094- heavy duty highway 0.1 g/bhp-hr.
11(a)(1)(iv)(B). engine.
40 CFR 89.112(a)............ nonroad (tier, power varies by power
range). range:
tier 1 kW8 (hp11)... 1.0 g/kW-hr (0.75 g/
bhp-hr).
.......................... tier 1 8kW19 (11hp25).
.......................... tier 1 19kW37 (25hp50).
.......................... tier 2 37kW75 (50hp100).
.......................... tier 2 75kW130 (100hp175).
.......................... tier 1 130kW225 (175hp300).
.......................... tier 1 225kW450 (300hp600).
.......................... tier 1 450kW560 (600hp750).
.......................... tier 1 kW560 (hp750).
------------------------------------------------------------------------
Notes:
``g'' means grams.
``hp'' means horsepower.
``g/bhp-hr'' means grams/brake horsepower-hour.
``kW'' means kilowatt.
``g/kW-hr'' means grams/kilowatt-hour.

(b) For purposes of paragraph (a):
(1) The term ``introduced'' means any engine added to the
underground inventory of engines of the mine in question, including:
(i) An engine in newly purchased equipment;
(ii) An engine in used equipment brought into the mine; and
(iii) A replacement engine that has a different serial number than
the engine it is replacing; but
(2) The term ``introduced'' does not include engines that were
previously part of the mine inventory and rebuilt.

Sec. 57.5070 Miner training.

(a) Mine operators must provide annual training to all miners at a
mine covered by this part who can reasonably be expected to be exposed
to diesel emissions on that property. The training must include--
(1) The health risks associated with exposure to diesel particulate
matter;
(2) The methods used in the mine to control diesel particulate
matter concentrations;
(3) Identification of the personnel responsible for maintaining
those controls; and
(4) Actions miners must take to ensure the controls operate as
intended.
(b) An operator must retain a record at the mine site of the
training required by this section for one year after completion of the
training.

Sec. 57.5071 Environmental monitoring.

(a) Mine operators must monitor as often as necessary to
effectively determine, under conditions that can be reasonably
anticipated in the mine--
(1) Whether the concentration of diesel particulate matter in any
area of the mine where miners normally work or travel exceeds the
applicable limit specified in Sec. 57.5060; and
(2) The average full shift airborne concentration of diesel
particulate matter at any position or on any person designated by the
Secretary.
(b) The mine operator must provide affected miners and their
representatives with an opportunity to observe exposure monitoring
required by this section. Mine operators must give prior notice to
affected miners and their representatives of the date and time of
intended monitoring.
(c) If any monitoring performed under this section indicates that
the applicable concentration limit established by Sec. 57.5060 has been
exceeded, an operator must promptly post notice of the corrective
action being taken, initiate corrective action by the next work shift,
and promptly complete such corrective action.
(d)(1) The results of monitoring for diesel particulate matter,
including any results received by a mine operator from sampling
performed by the Secretary, must be posted on the mine bulletin board
within 15 days of receipt and must remain posted for 30 days. The
operator must provide a copy of the results to the authorized
representative of miners.
(2) The mine operator must retain for five years (from the date of
sampling), the results of any samples the operator collected as a
result of monitoring under this section, and information about the
sampling method used for obtaining the samples.

Sec. 57.5075 Diesel particulate records.

(a) The table entitled ``Diesel Particulate Recordkeeping
Requirements'' lists the records the operator must retain pursuant to
Secs. 57.5060 through 57.5071, and the duration for which particular
records need to be retained. The table follows:

[[Page 5910]]

Diesel Particulate Recordkeeping Requirements
----------------------------------------------------------------------------------------------------------------
Record Section reference Retention time
----------------------------------------------------------------------------------------------------------------
1. Approved application for Sec. 57.5060(c) 1 year beyond
extension of time to comply duration of
with final concentration limit. extension.
2. Approved plan for miners to Sec. 57.5060(d) For duration of plan.
perform inspection,
maintenance or repair actions
in areas exceeding the
concentration limit.
3. Control plan................ Sec. 57.5062(b) 1 year beyond
duration of plan.
4. Compliance plan verification Sec. 57.5062(c) 5 years from sample
sample results. date.
5. Purchase records noting Sec. 57.5065(a) 1 year beyond date of
sulfur content of diesel fuel. purchase.
6. Maintenance log............. Sec. 57.5066(b) 1 year after date any
equipment is tagged.
7. Evidence of competence to Sec. 57.5066(c) 1 year after date
perform maintenance. maintenance
performed.
8. Annual training provided to Sec. 57.5070(b) 1 year beyond date
potentially exposed miners. training completed.
9. Sampling method used to Sec. 57.5071(d) 5 years from sample
effectively evaluate mine date.
particulate concentration, and
sample results.
----------------------------------------------------------------------------------------------------------------

(b)(1) Any record listed in this section which is required to be
retained at the mine site may, notwithstanding such requirement, be
retained elsewhere if the mine operator can immediately access the
record from the mine site by electronic transmission.
(2) Upon request from an authorized representative of the Secretary
of Labor, the Secretary of Health and Human Services, or from the
authorized representative of miners, mine operators must promptly
provide access to any record listed in the table in this section.
(3) An operator must provide access to a miner, former miner, or,
with the miner's or former miner's written consent, a personal
representative of a miner, to any record required to be maintained
pursuant to Sec. 57.5071 to the extent the information pertains to the
miner or former miner. The operator must provide the first copy of a
requested record at no cost, and any additional copies at reasonable
cost.
(4) Whenever an operator ceases to do business, that operator must
transfer all records required to be maintained by this part, or a copy
thereof, to any successor operator who must maintain them for the
required period.

[FR Doc. 01-996 Filed 1-18-01; 8:45 am]
BILLING CODE 4510-43-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

[[pp. 5906-5910]] Diesel Particulate Matter Exposure of Underground Metal and

Local Navigation