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

Vapor Phase Hydrocarbons (OC)

Elemental Carbon Cores (EC)

DPM Carbon Components

Vapor Phase Hydrocarbons (OC)

Elemental Carbon Cores (EC)

DPM Carbon Components

Hydrocarbons Adsorbed Onto Elemental Carbon Cores (OC + EC)

2001 Rule: Interim Limit = 400TC g/m3 Final Limit 160TC g/m3

OC + EC = TC

DPM Carbon Components

OC=23%

Vapor Phase Hydrocarbons (OC)

EC=77%
Elemental Carbon Cores (EC)

77% x 1.3 = 100% EC x 1.3 = TC 308EC X 1.3 = 400TC

May 18, 2006 Final Rule

Phases in final DPM PELs over two years 308EC g/m3 - effective May 20, 2006 350TC g/m3 - effective January 20, 2007 160TC g/m3 - effective May 20, 2008 1st step, 308EC g/m3, 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

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

Respiratory Protection
(New Provisions)
Applicable when respiratory protection is required Confidential medical evaluation required to determine 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 must also evaluate miners ability to wear powered air purifying respirator (PAPR)

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 miners ability to wear respirator to the mine operator
If miner disagrees with PLHCPs evaluation results, the miner has 30 days to submit additional evidence regarding their medical condition to the PLHCP

Respiratory Protection
(New Provisions)
Mine operator must obtain written determination from PLHCP regarding miners 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 miners ability to wear respirator

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

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

DPM Provisions In Effect

57.5060 (b) Final limit 1st phase, May 20, 2006, 308EC ug/m3 2nd phase, January 20, 2007, 350TC g/m3 3rd phase, May 20, 2008, 160TC g/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

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