DPM Rule Overview 6-23-06

8/22/2019 DPM Rule Overview 6-23-06

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Final Rule

May 18, 2006

DIESEL PARTICULATEMATTER EXPOSUREOF 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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Elemental CarbonCores (EC)

Vapor PhaseHydrocarbons (OC)

DPM Carbon Components


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HydrocarbonsAdsorbed OntoElemental CarbonCores (OC + EC)

OC + EC = TC2001 Rule: Interim Limit = 400TC g/m3Final Limit 160TC g/m3



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EC=77%

OC=23%

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 g/m

3 - effective May 20, 2006

350TC g/m3 - effective January 20, 2007

160TC g/m3

- effective May 20, 20081st step, 308EC g/m

3, is an EC limit

2nd & 3rd steps are TC limits

Will use 1.3 conversion factor for 350TC

g/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 towear a respirator and transfer of miners

unable to wear a respirator


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Respiratory Protection(New Provisions)

Applicable when respiratory protection isrequired

Confidential medical evaluation required todetermine 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 mustalso evaluate miners ability to wear powered

air purifying respirator (PAPR)


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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 evaluationresults, the miner has 30 days to submit

additional evidence regarding their medical

condition to the PLHCP


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Mine operator must obtain writtendetermination from PLHCP regarding minersability to wear respirator

Mine operator must assure that PLHCPprovides copy of determination to miner

Reevaluation required whenever mineoperator has reason to believe conditionshave changed which could adversely affectminers ability to wear respirator


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Upon written notification that PLHCP has

determined that miner is unable to wear

respirator, miner must be transferred to workin 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 regularrate of pay in the classification held

by the miner immediately prior to

transfer

Increases in wages of the transferred

miner based on new work


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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, 350TCg/m3

3rd phase, May 20, 2008, 160TCg/m3

57.5060 (c) Special extensions

57.5060 (d) Controls and respiratory protection57.5060 (e) Rotation of miners

57.5061 Compliance determinations

57.5065 Fueling practices

57.5066 Maintenance standards57.5067 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 ofrespirator wearers and transfer of minersunable to wear a respirator

Rulemaking to convert TC final limits tocomparable EC limits

Documents

DPM Rule Overview 6-23-06