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

Final Rule Final Rule May 18, 2006May 18, 2006

DIESEL DIESEL PARTICULATE PARTICULATE MATTER MATTER EXPOSURE OF U/G EXPOSURE OF U/G MNM MINERSMNM MINERS

Diesel Particulate Matter Diesel Particulate Matter Exposure Of U/G MNM MinersExposure 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

Elemental CarbonElemental CarbonCores (EC)Cores (EC)

Vapor PhaseVapor PhaseHydrocarbons (OC)Hydrocarbons (OC)

DPM Carbon ComponentsDPM Carbon Components




HydrocarbonsHydrocarbonsAdsorbed OntoAdsorbed OntoElemental CarbonElemental CarbonCores (OC + EC)Cores (OC + EC)

OC + EC = TCOC + EC = TC2001 Rule: Interim Limit = 4002001 Rule: Interim Limit = 400TCTC µg/m µg/m33

Final Limit 160Final Limit 160TCTC µg/m µg/m33





EC=77%EC=77%

OC=23%OC=23%

77% x 1.3 = 100%77% x 1.3 = 100%EC x 1.3 = TCEC x 1.3 = TC308308ECEC X 1.3 = 400 X 1.3 = 400TCTC

May 18, 2006 Final RuleMay 18, 2006 Final Rule Phases in final DPM PELs over twoPhases in final DPM PELs over two years years

308308ECEC µg/mµg/m33 - effective May 20, 2006 - effective May 20, 2006 350350TCTC µg/mµg/m33 - effective January 20, 2007 - effective January 20, 2007 160160TCTC µg/mµg/m33 - effective May 20, 2008 - effective May 20, 2008

11stst step, 308 step, 308ECEC µg/mµg/m33, is an EC limit, is an EC limit 22ndnd & 3 & 3rdrd steps are TC limits steps are TC limits Will use 1.3 conversion factor for 350Will use 1.3 conversion factor for 350TCTC µg/mµg/m33

limit as we did under the Settlement Agreement limit as we did under the Settlement Agreement and use EC to validateand use EC to validate

MSHA will initiate separate rulemaking to MSHA will initiate separate rulemaking to convert 160 TC limits to comparable EC limitsconvert 160 TC limits to comparable EC limits

May 18, 2006 Final RuleMay 18, 2006 Final Rule

Deletes provision restricting newer Deletes provision restricting newer mines from applying for Special mines from applying for Special ExtensionExtension

Effective August 16, 2006 - Medical Effective August 16, 2006 - Medical evaluation to determine miner's ability to evaluation to determine miner's ability to wear a respirator and transfer of miners wear a respirator and transfer of miners unable to wear a respiratorunable to wear a respirator

Respiratory ProtectionRespiratory Protection(New Provisions)(New Provisions)

Applicable when respiratory protection is Applicable when respiratory protection is required required

Confidential medical evaluation required to Confidential medical evaluation required to determine miner’s ability to use a respiratordetermine miner’s ability to use a respirator

Must conduct before fit testing or use at mineMust conduct before fit testing or use at mine No cost to minerNo cost to miner Evaluation must be by physician or other Evaluation must be by physician or other

licensed health care professional (PLHCP)licensed health care professional (PLHCP) If PLHCP determines miner is unable to wear If PLHCP determines miner is unable to wear

negative pressure respirator, PLHCP must negative pressure respirator, PLHCP must also evaluate miner’s ability to wear powered also evaluate miner’s ability to wear powered air purifying respirator (PAPR)air purifying respirator (PAPR)


Mine operator must insure miner has Mine operator must insure miner has opportunity to discuss their evaluation results opportunity to discuss their evaluation results with the PLHCP with the PLHCP beforebefore the PLHCP submits the PLHCP submits written determination on miner’s ability to written determination on miner’s ability to wear respirator to the mine operatorwear respirator to the mine operator

If miner disagrees with PLHCP’s evaluation If miner disagrees with PLHCP’s evaluation results, the miner has 30 days to submit results, the miner has 30 days to submit additional evidence regarding their medical additional evidence regarding their medical condition to the PLHCPcondition to the PLHCP


Mine operator must obtain written Mine operator must obtain written determination from PLHCP regarding miner’s determination from PLHCP regarding miner’s ability to wear respiratorability to wear respirator

Mine operator must assure that PLHCP Mine operator must assure that PLHCP provides copy of determination to minerprovides copy of determination to miner

Reevaluation required whenever mine Reevaluation required whenever mine operator has reason to believe conditions operator has reason to believe conditions have changed which could adversely affect have changed which could adversely affect miner’s ability to wear respiratorminer’s ability to wear respirator


Upon written notification that PLHCP has Upon written notification that PLHCP has determined that miner is unable to wear determined that miner is unable to wear respirator, miner must be transferred to work respirator, miner must be transferred to work in existing position in area of same mine in existing position in area of same mine where respirator is not requiredwhere respirator is not required

Transfer must be within 30 days of final Transfer must be within 30 days of final determination by PLHCPdetermination by PLHCP


Miner must continue to receive compensation Miner must continue to receive compensation at no less than regular rate of pay in the at no less than regular rate of pay in the classification held by the miner immediately classification held by the miner immediately prior to transferprior to transfer

Increases in wages of the transferred miner Increases in wages of the transferred miner based on new work classificationbased on new work classification

Mine operator must maintain records of Mine operator must maintain records of identity of PLHCP and the most recent identity of PLHCP and the most recent determination of each miner’s ability to wear determination of each miner’s ability to wear respirator. Records must be kept for duration respirator. Records must be kept for duration of miner’s employment + 6 monthsof miner’s employment + 6 months

DPM Provisions In EffectDPM Provisions In Effect §§57.5060 (b)57.5060 (b) Final limit Final limit

11stst phase, May 20, 2006, 308 phase, May 20, 2006, 308EC EC ug/mug/m33

2nd phase, January 20, 2007, 3502nd phase, January 20, 2007, 350TCTC μg/m μg/m33

3rd phase, May 20, 2008, 1603rd phase, May 20, 2008, 160TCTC μg/m μg/m33

§§57.5060 (c)57.5060 (c) Special extensionsSpecial extensions §§57.5060 (d)57.5060 (d) Controls and respiratory protectionControls and respiratory protection §§57.5060 (e)57.5060 (e) Rotation of minersRotation of miners §§57.506157.5061 Compliance determinationsCompliance determinations §§57.506557.5065 Fueling practicesFueling practices §§57.506657.5066 Maintenance standardsMaintenance standards §§57.506757.5067 EnginesEngines §§57.507057.5070 Miner trainingMiner training §§57.507157.5071 Exposure monitoringExposure monitoring §§57.507557.5075 Diesel particulate recordsDiesel particulate records

DPM Provisions Not In EffectDPM Provisions Not In Effect

August 16, 2006 – Medical evaluation of August 16, 2006 – Medical evaluation of respirator wearers and transfer of miners respirator wearers and transfer of miners unable to wear a respiratorunable to wear a respirator

Rulemaking to convert TC final limits to Rulemaking to convert TC final limits to comparable EC limitscomparable EC limits

Thank You

Documents

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