30 C.F.R. Subpart C—Sampling Procedures
Title 30 - Mineral Resources
Authority: 30 U.S.C. 811, 813(h), and 957.
Source: 45 FR 80757, Dec. 5, 1980, unless otherwise noted.
(a) Each operator shall take respirable dust samples of the concentration of respirable dust in the active workings of the mine as required by this part with a sampling device approved by the Secretary and the Secretary of Health and Human Services under part 74 (Coal Mine Dust Personal Sampler Units) of this title. (b) Sampling devices shall be worn or carried directly to and from the designated work position to be sampled and shall remain operational during the entire shift or for 8 hours, whichever time is less. (c) Upon request from the District Manager, the operator shall submit the date on which collecting any respirable dust samples required by this part will begin. (d) During the time for abatement fixed in a citation for violation of §71.100 (Resipirable dust standard) or §71.101 (Respirable dust standard when quartz is present), the operator shall take corrective action to lower the concentration of respirable dust to within the permissible concentration and then sample each normal work shift until five valid respirable dust samples are taken. (e) Upon written request by the operator, the District Manager may waive the rain restriction for a normal work shift as defined in §71.2 (Definitions) for a period not to exceed two months, if the District Manager determines that: (1) The operator will not have reasonable opportunity to complete the respirable dust sampling required by this part without the waiver because of the frequency of rain; and (2) The operator did not have reasonable opportunity to complete the respirable dust sampling required by this part prior to requesting the waiver. (a) The respirable dust sampling required by this part shall be done by a certified person. (b) To be certified, a person shall pass the MSHA examination on sampling of respirable coal mine dust. (c) A person may be temporarily certified by MSHA to take respirable dust samples if the person receives instruction from an authorized representative of the Secretary in the methods of collecting and submitting samples under this rule. The temporary certification shall be withdrawn if the person does not successfully complete the examination conducted by MSHA on sampling of respirable coal mine dust within six months from the issue date of the temporary certification. (a) Approved sampling devices shall be maintained and calibrated by a certified person. (b) To be certified, a person shall pass the MSHA examination on maintenance and calibration procedures for respirable dust sampling equipment. (c) A person may be temporarily certified by MSHA to maintain and calibrate approved sampling devices if the person receives instruction from an authorized representative of the Secretary in the maintenance and calibration procedures for respirable dust sampling equipment under this rule. The temporary certification shall be withdrawn if the person does not successfully complete the exmamination conducted by MSHA on maintenance and calibration procedures within six months from the issue date of the temporary certification. (a) Approved sampling devices shall be maintained as approved under part 74 (Coal Mine Dust Personal Sampler Units) of this chapter and calibrated in accordance with MSHA Informational Report IR 1240 (1996) “Calibration and Maintenance Procedures for Coal Mine Respirable Dust Samplers (supersedes IR 1121)” by a person certified in accordance with §71.203 (Certified person; maintenance and calibration). (b) Approved sampling devices shall be calibrated at the flowrate of 2.0 liters of air per minute, or at a different flowrate as prescribed by the Secretary and the Secretary of Health and Human Services for the particular device, before they are put into service and at intervals not to exceed 200 hours of operating time thereafter. (c) A calibration mark shall be placed on the flowmeter of each approved sampling device to indicate the proper position of the float when the sampler is operating at a flowrate of 2.0 liters of air per minute or other flowrate prescribed by the Secretary and the Secretary of Health and Human Services for the particular device. The standard to denote proper flow is when the lowest part of the float is tangent to the top of the calibration mark. (d) Approved sampling devices shall be tested and examined immediately before each sampling shift and necessary external maintenance shall be performed to assure that the sampling devices are clean and in proper working condition by a person certified in accordance with §71.202 (Certified person; sampling) or §71.203 (Certified person; maintenance and calibration). This testing and examination shall include the following: (1) Testing the voltage of each battery while under actual load to assure the battery is fully charged. The voltage for nickel cadmium cell batteries shall not be lower than the product of the number of cells in the battery pack multiplied by 1.25. The voltage for other than nickel cadmium cell batteries shall not be lower than the product of the number of cells in the battery pack multiplied by the manufacturer's nominal voltage per cell value; (2) Examination of all components of the cyclone to assure that they are clean and free of dust and dirt; (3) Examination of the inner surface of the cyclone on the approved sampling device to assure that it is free of scoring; (4) Examination of the external tubing on the approved sampling device to assure that it is clean and free of leaks; and, (5) Examination of the clamping and positioning of the cyclone body, vortex finder and cassette to assure that they are rigid, in alignment, and firmly in contact. (e) MSHA Informational Report IR 1240 (1996) referenced in paragraph (a) of this section is incorporated-by-reference. This incorporation-by-reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected or obtained at MSHA, Coal Mine Safety and Health, 1100 Wilson Blvd., Room 2424, Arlington, Virginia 22209–3939 and at each MSHA Coal Mine Safety and Health district and subdistrict office. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.php. [45 FR 80757, Dec. 5, 1980, as amended at 64 FR 43286, Aug. 10, 1999; 67 FR 38385, June 4, 2002] Editorial Note: At 71 FR 16668, Apr. 3, 2006, §71.204(e) was amended by removing the words “Coal Mine Health and Safety District and Subdistrict Office.” and adding, in their place, the words “MSHA Coal Mine Safety and Health district office.”; however, the amendment could not be incorporated because that phrase does not exist in the section. (a) Sampling devices approved in accordance with part 74 (Coal Mine Dust Personal Sampler Units) of this title shall be operated at the flowrate of 2.0 liters of air per minute, or at a different flowrate as prescribed by the Secretary and the Secretary of Health and Human Services for the particular device. (b) Each approved sampling device shall be examined each shift by a person certified in accordance with §71.202 (Certified person; sampling) during the second hour after being put into operation to assure that the sampling device is operating properly and at the proper flowrate. If the proper flowrate is not maintained, necessary adjustments shall be made by the certified person. (c) Each sampling device shall be examined each shift by a person certified in accordance with §71.202 (Certified person; sampling) during the last hour of operation to assure that the sampling device is operating properly and at the proper flowrate. If the proper flowrate is not maintained, the respirable dust sample shall be transmitted to MSHA with a notation by the certified person on the dust data card stating that the proper flowrate was not maintained. The concentration of respirable dust shall be determined by dividing the weight of dust in milligrams collected on the filter of an approved sampling device by the volume of air in cubic meters passing through the filter and then converting that concentration to an equivalent concentration as measured with an MRE instrument. To convert a concentration of respirable dust as measured with an approved sampling device to an equivalent concentration of respirable dust as measured with an MRE instrument, the concentration of respirable dust measured with the approved sampling device shall be multiplied by the constant factor prescribed by the Secretary for the approved sampling device used, and the product shall be the equivalent concentration as measured with an MRE instrument.
Title 30: Mineral Resources
PART 71—MANDATORY HEALTH STANDARDS—SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES
Subpart C—Sampling Procedures
§ 71.201 Sampling; general requirements.
§ 71.202 Certified person; sampling.
§ 71.203 Certified person; maintenance and calibration.
§ 71.204 Approved sampling devices; maintenance and calibration.
§ 71.205 Approved sampling devices; operation; air flowrate.
§ 71.206 Approved sampling devices; equivalent concentrations.
§ 71.207 [Reserved]
§ 71.208 Bimonthly sampling; designated work positions.
(a) Each operator shall take one valid respirable dust sample from each designated work position during each bimonthly period beginning with the bimonthly period of February 1, 1981. The bimonthly periods are:
February 1–March 31 April 1–May 31 June 1–July 31 August 1–September 30 October 1–November 30 December 1–January 31
(b) When the respirable dust standard is changed in accordance with §71.101 (Respirable dust standard when quartz is present), respirable dust sampling of designated work positions shall begin on the first normal work shift during the next bimonthly period following notification of such change from MSHA.
(c) Upon notification from MSHA that any respirable dust sample taken from a designated work position to meet the requirements of paragraph (a) or (b) of this section exceeds the applicable standard in §71.100 (Respirable dust standard) or §71.101 (Respirable dust standard when quartz is present), the operator shall take five valid respirable dust samples from that designated work position within 15 calendar days. The operator shall begin such sampling on the first day on which there is a normal work shift following the day of receipt of notification.
(d) Upon issuance of a citation for a violation of §71.100 (Respirable dust standard) or §71.101 (Respirable dust standard when quartz is present) involving a designated work position, paragraphs (a), (b), and (c) of this section shall not apply to that designated work position until the violation is abated in accordance with §71.201(d) (Sampling; general requirements).
(e) The District Manager shall designate the work positions at each surface coal mine and surface work area of an underground coal mine for respirable dust sampling under this section. The District Manager shall designate for sampling each work position at the mine where an average concentration of respirable dust exceeding 1.0 milligram per cubic meter of air has been measured by one or more samples. Where the respirable dust standard is below 1.0 milligram per cubic meter of air in accordance with §71.101 (Respirable dust standard when quartz is present), the District Manager shall designate for sampling each work position where an average concentration of respirable dust exceeding the applicable standard has been measured by one or more samples.
(f) The District Manager shall withdraw the designation of a work position for sampling upon finding that the operator is able to maintain continuing compliance with the applicable respirable dust standard under §71.100 (Respirable dust standard) or §71.101 (Respirable dust standard when quartz is present). This finding shall be based on the results of samples taken during at least a one-year period under this part and by MSHA.
(g) Unless otherwise directed by the District Manager, designated work position samples shall be taken by placing the sampling device as follows:
(1) Equipment operator. On the equipment operator or on the equipment within 36 inches of the operator's normal working position;
(2) Non-equipment operators. On the miner assigned to the designated work position or at a location that represents the maximum concentration of dust to which the miner is exposed.
(h) Each designated work position sample shall be taken on a normal work shift. If a normal work shift is not achieved, the respirable dust sample shall be transmitted to MSHA with a notation by the person certified in accordance with §71.202 (Certified person; sampling) that the sample was not taken on a normal work shift. When a normal work shift is not achieved, the sample for that shift may be voided by MSHA. However, any sample, regardless of whether a normal work shift was achieved, with a respirable dust concentration greater than 2.5 milligrams per cubic meter of air will be used to determine the average concentration for that designated work position.
§ 71.209 Respirable dust samples; transmission by operator.
(a) The operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, Cochran Mill Road, Building 38, P.O. Box 18179, Pittsburgh, Pennsylvania 15236–0179, or to any other address designated by the District Manager.
(b) The operator shall not open or tamper with the seal of any filter cassette or alter the weight of any filter cassette before or after it is used to fulfill the requirements of this part.
(c) A person certified in accordance with §71.202 (Certified person; sampling) shall properly complete the dust data card that is provided by the manufacturer for each filter cassette. The card shall have an identification number identical to that on the cassette used to take the sample and be submitted to MSHA with the sample. Each card shall be signed by the certified person and shall include that person's certification number. Respirable dust samples with data cards not properly completed will be voided by MSHA.
(d) All respirable dust samples collected by the operator shall be considered taken to fulfill the sampling requirements of part 70, 71 or 90 of this title, unless the sample has been identified in writing by the operator to the District Manager, prior to the intended sampling shift, as a sample to be used for purposes other than required by part 70, 71 or 90 of this title.
(e) Respirable dust samples received by MSHA in excess of those required by this part shall be considered invalid samples.
(Pub. L. No. 96–511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[45 FR 80756, Dec, 5, 1980, as amended at 47 FR 14696, Apr. 6, 1982; 58 FR 63529, Dec. 2, 1993; 60 FR 33723, June 29, 1995; 60 FR 35695, July 11, 1995]
§ 71.210 Respirable dust samples; report to operator; posting.
(a) The Secretary shall provide the operator with a report of the following data on respirable dust samples as soon as practicable:
(1) The mine identification number;
(2) The designated work position at the mine from which the samples were taken;
(3) The concentration of respirable dust, expressed in milligrams per cubic meter of air, for each valid sample;
(4) The average concentration of respirable dust, expressed in milligrams per cubic meter of air, for all valid samples; and
(5) The reason for voiding any samples.
(b) Upon receipt, the operator shall post this data for at least 31 days on the mine bulletin board.
§ 71.220 Status change reports.
(a) If there is a change in operational status that affects the respirable dust sampling requirements of this part, the operator shall report the change in operational status of the mine or designated work position to the MSHA District Office or to any other MSHA office designated by the District Manager. Status changes shall be reported in writing within 3 working days after the status change has occurred.
(b) Each specific operational status is defined as follows: (1) Underground mine: (i) Producing—has at least one mechanized mining unit producing material.
(ii) Nonproducing—no material is being produced.
(iii) Abandoned—the work of all miners has been terminated and production activity has ceased.
(2) Surface mine:
(i) Producing—normal activity is occurring and coal is being produced or processed or other material or equipment is being handled or moved.
(ii) Nonproducing—normal activity is not occurring and coal is not being produced or processed or other material or equipment is not being handled or moved.
(iii) Abandoned—the work of all miners has been terminated and all activity has ceased.
(3) Designated work position:
(i) Producing—normal activity is occurring.
(ii) Nonproducing—normal activity is not occurring.
(iii) Abandoned—the dust generating source has been withdrawn and activity has ceased.
Browse Previous | Browse Next
