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Final Rule May 18, 2006

DIESEL PARTICULATE MATTER EXPOSURE OF U/G MNM MINERS. Final Rule May 18, 2006. 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. DPM Carbon Components.

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Final Rule May 18, 2006

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  1. DIESEL PARTICULATE MATTER EXPOSURE OF U/G MNM MINERS Final Rule May 18, 2006

  2. 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

  3. DPM Carbon Components Vapor Phase Hydrocarbons (OC) Elemental Carbon Cores (EC)

  4. DPM Carbon Components Vapor Phase Hydrocarbons (OC) Elemental Carbon Cores (EC)

  5. 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

  6. DPM Carbon Components OC=23% EC=77% Vapor Phase Hydrocarbons (OC) Elemental Carbon Cores (EC) 77% x 1.3 = 100% EC x 1.3 = TC 308EC X 1.3 = 400TC

  7. May 18, 2006 Final Rule • Phases in final DPM PELs over two years • 308ECµg/m3 - effective May 20, 2006 • 350TCµg/m3 - effective January 20, 2007 • 160TCµg/m3 - effective May 20, 2008 • 1st step, 308ECµg/m3, is an EC limit • 2nd & 3rd steps are TC limits • Will use 1.3 conversion factor for 350TCµg/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

  8. 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

  9. Respiratory Protection(New Provisions) • Applicable when respiratory protection is required • Confidential medical evaluation required to determine miner’s 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 miner’s ability to wear powered air purifying respirator (PAPR)

  10. 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 miner’s ability to wear respirator to the mine operator • If miner disagrees with PLHCP’s evaluation results, the miner has 30 days to submit additional evidence regarding their medical condition to the PLHCP

  11. Respiratory Protection(New Provisions) • Mine operator must obtain written determination from PLHCP regarding miner’s 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 miner’s ability to wear respirator

  12. 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

  13. 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 miner’s ability to wear respirator. Records must be kept for duration of miner’s employment + 6 months

  14. 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

  15. 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

  16. Thank You

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