30 C.F.R. Subpart D—Respirable Dust Control Plans
Title 30 - Mineral Resources
Authority: Secs. 101 and 103(h), Federal Mine Safety and Health Act of 1977, Pub. L. 91–173 as amended by Pub. L. 95–164, 91 Stat. 1291 and 1299 (30 U.S.C. 811 and 813(h)).
Source: 45 FR 80759, Dec. 5, 1980, unless otherwise noted.
(a) Within 15 calendar days after the termination date of a citation for violation of §71.100 (Respirable dust standard) or §71.101 (Respirable dust standard when quartz is present), the operator shall submit to the District Manager for approval a written respirable dust control plan applicable to the work position identified in the citation. The respirable dust control plan and revisions thereof shall be suitable to the conditions and the mining system of the coal mine and shall be adequate to continuously maintain respirable dust within the permissible concentration at the surface work position identified in the citation. (b) Each respirable dust control plan shall include at least the following: (1) The mine identification number and designated work position number assigned by MSHA, the operator's name, mine name, mine address, and mine telephone number and the name, address, and telephone number of the principal officer in charge of health and safety at the mine; (2) The specific designated work position at the mine to which the plan applies; (3) A detailed description of the specific respirable dust control measures used to abate the violation of the respirable dust standard; and (4) A detailed description of how each of the respirable dust control measures described in response to paragraph (b)(3) of this section will continue to be used by the operator, including at least the specific time, place and manner the control measures will be used. (a) The District Manager will approve respirable dust control plans on a mine-by-mine basis. When approving respirable dust control plans, the District Manager shall consider whether: (1) The respirable dust control measures would be likely to maintain compliance with the respirable dust standard; and (2) The operator's compliance with all provisions of the respirable dust control plan could be objectively ascertained by MSHA. (b) MSHA may take respirable dust samples to determine whether the respirable dust control measures in the operator's plan effectively maintain compliance with the respirable dust standard. (c) The operator shall comply with all provisions of each respirable dust control plan upon notice from MSHA that the respirable dust control plan is approved. (d) The operator shall post on the mine bulletin board a copy of each current respirable dust control plan approved by the District Manager. (e) The operator may review respirable dust control plans and submit proposed revisions to such plans to the District Manager for approval.
Title 30: Mineral Resources
PART 71—MANDATORY HEALTH STANDARDS—SURFACE COAL MINES AND SURFACE WORK AREAS OF UNDERGROUND COAL MINES
Subpart D—Respirable Dust Control Plans
§ 71.300 Respirable dust control plan; filing requirements.
§ 71.301 Respirable dust control plan; approval by District Manager and posting.
