30 C.F.R. PART 90—MANDATORY HEALTH STANDARDS—COAL MINERS WHO HAVE EVIDENCE OF THE DEVELOPMENT OF PNEUMOCONIOSIS
Title 30 - Mineral Resources
Authority: 30 U.S.C. 811, 813(h).
Source: 45 FR 80769, Dec. 5, 1980, unless otherwise noted.
This Part 90 establishes the option of miners who are employed at underground coal mines or at surface work areas of underground coal mines and who have evidence of the development of pneumoconiosis to work in an area of a mine where the average concentration of respirable dust in the mine atmosphere during each shift is continuously maintained at or below 1.0 milligrams per cubic meter of air. The rule sets forth procedures for miners to exercise this option, and establishes the right of miners to retain their regular rate of pay and receive wage increases. The rule also sets forth the operator's obligations, including respirable dust sampling for Part 90 miners. This Part 90 is promulgated pursuant to section 101 of the Act and supercedes section 203(b) of the Act. For the purpose of this Part 90, the term: Act means the Federal Mine Safety and Health Act of 1977, Pub. L. 91–173, as amended by Pub. L. 95–164. Active workings means any place at a coal mine where miners are normally required to work or travel. Certified person means an individual certified by the Secretary in accordance with §90.202 (Certified person; sampling) to take respirable dust samples required by this part or certified in accordance with §90.203 (Certified person; maintenance and calibration) to perform the maintenance and calibration of respirable dust sampling equipment as required by this part. Concentration means a measure of the amount of a substance contained per unit volume of air. District Manager means the manager of the Coal Mine Safety and Health District in which the mine is located. Mechanized mining unit means: (1) A unit of mining equipment including hand loading equipment used for the production of material; or (2) a specialized unit which utilizes mining equipment other than specified in §70.207(e) (Bimonthly sampling; mechanized mining unit). MRE instrument means the gravimetric dust sampler with a four channel horizontal elutriator developed by the Mining Research Establishment of the National Coal Board, London, England. MSHA means the Mine Safety and Health Administration of the Department of Labor. Normal work duties means duties which the Part 90 miner performs on a routine day-to-day basis in his or her job classification at a mine. Part 90 miner means a miner employed at an underground coal mine or at a surface work area of an underground coal mine who has exercised the option under the old section 203(b) program (36 FR 20601, October 27, 1971), or under §90.3 (Part 90 option; notice of eligibility; exercise of option) of this part to work in an area of a mine where the average concentration of respirable dust in the mine atmosphere during each shift to which that miner is exposed is continuously maintained at or below 1.0 milligrams per cubic meter of air, and who has not waived these rights. Quartz means crystalline silicon dioxide (SiO2) not chemically combined with other substances and having a distinctive physical structure. Respirable dust means dust collected with a sampling device approved by the Secretary and the Secretary of Health and Human Services in accordance with part 74 (Coal Mine Dust Personal Sampler Units) of this title. Sampling device approvals issued by the Secretary of the Interior and Secretary of Health, Education, and Welfare are continued in effect. Secretary means the Secretary of Labor or a delegate. Secretary of Health and Human Services means Secretary of Health and Human Services or Secretary of Health, Education, and Welfare. Surface work area of an underground coal mine means the surface areas of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, excavations, and other property, real or personal, placed upon or above the surface of such land by any person, used in, or to be used in, or resulting from, the work of extracting bituminous coal, lignite, or anthracite from its natural deposits underground by any means or method, and the work of preparing the coal so extracted, and includes custom coal preparation facilities; Transfer means any change in the work assignment of a Part 90 miner by the operator and includes: (1) Any change in occupation code of a Part 90 miner; (2) any movement of a Part 90 miner to or from a mechanized mining unit; or (3) any assignment of a Part 90 miner to the same occupation in a different location at a mine. Underground coal mine means an area of land and all structures, facilities, machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person, used in, or to be used in, or resulting from the work of extracting in such area bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, and the work of preparing the coal so extracted. Valid respirable dust sample means a respirable dust sample collected and submitted as required by this part, and not voided by MSHA. (a) Any miner employed at an underground coal mine or at a surface work area of an underground coal mine who, in the judgment of the Secretary of Health and Human Services, has evidence of the development of pneumoconiosis based on a chest X-ray, read and classified in the manner prescribed by the Secretary of Health and Human Services, or based on other medical examinations shall be afforded the option to work in an area of a mine where the average concentration of respirable dust in the mine atmosphere during each shift to which that miner is exposed is continuously maintained at or below 1.0 milligrams per cubic meter of air. Each of these miners shall be notified in writing of eligibility to exercise the option. (b) Any miner who is a section 203(b) miner on January 31, 1981, shall be a Part 90 miner on February 1, 1981, entitled to full rights under this part to retention of pay rate, future actual wage increases, and future work assignment, shift and respirable dust protection. (c) Any Part 90 miner who is transferred to a position at the same or another coal mine shall remain a Part 90 miner entitled to full rights under this part at the new work assignment. (d) The option to work in a low dust area of the mine may be exercised for the first time by any miner employed at an underground coal mine or at a surface work area of an underground coal mine who was eligible for the option under the old section 203(b) program (36 FR 20601, October 27, 1971), or is eligible for the option under this part by signing and dating the Exercise of Option Form and mailing the form to the Chief, Division of Health, Coal Mine Safety and Health, MSHA, 1100 Wilson Blvd., Room 2416, Arlington, Virginia 22209–3939. (e) The option to work in a low dust area of the mine may be re-exercised by any miner employed at an underground coal mine or at a surface work area of an underground coal mine who exercised the option under the old section 203(b) program (36 FR 20601, October 27, 1971), or exercised the option under this part by sending a written request to the Chief, Division of Health, Coal Mine Safety and Health, MSHA, 1100 Wilson Blvd., Room 2416, Arlington, Virginia 22209–3939. The request should include the name and address of the mine and operator where the miner is employed. (f) No operator shall require from a miner a copy of the medical information received from the Secretary or Secretary of Health and Human Services. [45 FR 80769, Dec. 5, 1980; 46 FR 5885, Jan. 21, 1981, as amended at 67 FR 38386, June 4, 2002] After the twentieth calendar day following receipt of notification from MSHA that a Part 90 miner is employed at the mine, the operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which the Part 90 miner in the active workings of the mine is exposed at or below 1.0 milligrams per cubic meter of air. Concentrations shall be measured with an approved sampling device and expressed in terms of an equivalent concentration determined in accordance with §90.206 (Approved sampling devices; equivalent concentrations). When the respirable dust in the mine atmosphere of the active workings to which a Part 90 miner is exposed contains more than 5 percent quartz, the operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which a Part 90 miner is exposed at or below a concentration of respirable dust computed by dividing the percent of quartz into the number 10. The application of the formula shall not result in a respirable dust standard in excess of 1.0 milligrams per cubic meter of air. Concentrations shall be expressed in milligrams per cubic meter of air as measured with an approved sampling device and in terms of an equivalent concentration determined in accordance with §90.206 (Approved sampling devices; equivalent concentrations). Example: The respirable dust associated with a Part 90 miner contains quartz in the amount of 20%. Therefore, the average concentration of respirable dust in the mine atmosphere associated with that Part 90 miner shall be continuously maintained at or below 0.5 milligrams of respirable dust per cubic meter of air (10/20=0.5 mg/m3 ). (a) Whenever a Part 90 miner is transferred in order to meet the respirable dust standard in §90.100 (Respirable dust standard) or §90.101 (Respirable dust standard when quartz is present), the operator shall transfer the miner to an existing position at the same coal mine on the same shift or shift rotation on which the miner was employed immediately before the transfer. The operator may transfer a Part 90 miner to a different coal mine, a newly-created position or a position on a different shift or shift rotation if the miner agrees in writing to the transfer. (b) On or before the twentieth calendar day following receipt of notification from MSHA that a Part 90 miner is employed at the mine, the operator shall give the District Manager written notice of the occupation and, if applicable, the mechanized mining unit to which the Part 90 miner will be assigned on the twenty-first calendar day following receipt of the notification from MSHA. (c) After the twentieth calendar day following receipt of notification from MSHA that a Part 90 miner is employed at the mine, the operator shall give the District Manager written notice before any transfer of a Part 90 miner. This notice shall include the scheduled date of the transfer. (a) The operator shall compensate each Part 90 miner at not less than the regular rate of pay received by that miner immediately before exercising the option under §90.3 (Part 90 option; notice of eligibility; exercise of option). (b) Whenever a Part 90 miner is transferred, the operator shall compensate the miner at not less than the regular rate of pay received by that miner immediately before the transfer. (c) The operator shall compensate each miner who is a section 203(b) miner on January 31, 1981, at not less than the regular rate of pay that the miner is required to receive under section 203(b) of the Act immediately before the effective date of this part. (d) In addition to the compensation required to be paid under paragraphs (a), (b) and (c) of this section, the operator shall pay each Part 90 miner the actual wage increases that accrue to the classification to which the miner is assigned. (e) If a miner is temporarily employed in an occupation other than his or her regular work classification for two months or more before exercising the option under §90.3 (Part 90 option; notice of eligibility; exercise of option), the miner's regular rate of pay for purposes of paragraph (a) and (b) of this section is the higher of the temporary or regular rates of pay. If the temporary assignment is for less than two months, the operator may pay the Part 90 miner at his or her regular work classification rate regardless of the temporary wage rate. (f) If a Part 90 miner is transferred, and the Secretary subsequently notifies the miner that notice of the miner's eligibility to exercise the Part 90 option was incorrect, the operator shall retain the affected miner in the current position to which the miner is assigned and continue to pay the affected miner the applicable rate of pay provided in paragraphs (a), (b), (c) and (d) of this section, until: (1) The affected miner and operator agree in writing to a position with pay at not less than the regular rate of pay for that occupation; or (2) A position is available at the same coal mine in both the same occupation and on the same shift on which the miner was employed immediately before exercising the option under §90.3 (Part 90 option; notice of eligibility; exercise of option) or under the old section 203(b) program (36 FR 20601, October 27, 1971). (i) When such a position is available, the operator shall offer the available position in writing to the affected miner with pay at not less than the regular rate of pay for that occupation. (ii) If the affected miner accepts the available position in writing, the operator shall implement the miner's reassignment upon notice of the miner's acceptance. If the miner does not accept the available position in writing, the miner may be reassigned and protections under Part 90 shall not apply. Failure by the miner to act on the written offer of the available position within 15 days after notice of the offer is received from the operator shall operate as an election not to accept the available position. (a) A Part 90 miner may waive his or her rights and be removed from MSHA's active list of miners who have rights under Part 90 by: (1) Giving written notification to the Chief, Division of Health, Coal Mine Safety and Health, MSHA, that the miner waives all rights under this part; (2) Applying for and accepting a position in an area of a mine which the miner knows has an average respirable dust concentration exceeding 1.0 milligrams per cubic meter of air or the respirable dust standard established by §90.101 (Respirable dust standard when quartz is present); or (3) Refusing to accept another position offered by the operator at the same coal mine that meets the requirements of §§90.100, 90.101 and 90.102(a) after dust sampling shows that the average respirable dust concentration in his or her present position exceeds 1.0 milligrams per cubic meter of air or the respirable dust standard established by §90.101 (Respirable dust standard when quartz is present). (b) If rights under Part 90 are waived, the miner gives up all rights under Part 90 until the miner re-exercises the option in accordance with §90.3(e) (Part 90 option; notice of eligibility; exercise of option). (c) If rights under Part 90 are waived, the miner may re-exercise the option under this part in accordance with §90.3(e) (Part 90 option; notice of eligibility; exercise of option) at any time. Authority: 30 U.S.C. 811, 813(h), 957.
(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 each part 90 miner's position, 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 §90.100 (Respirable dust standard) or §90.101 (Respirable dust standard when quartz is present), the operator shall take corrective action and then sample the affected part 90 miner until five valid respirable dust samples are taken. (e) The respirable dust samples required by this part shall be collected while the part 90 miner is performing normal work duties. (f) Unless otherwise directed by the District Manager, the respirable dust samples required under this part shall be taken by placing the sampling device as follows: (1) On the part 90 miner; (2) On the piece of equipment which the part 90 miner operates within 36 inches of the normal working position; or (3) At a location that represents the maximum concentration of dust to which the part 90 miner is exposed. (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 examination 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 §90.203 (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 a 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 §90.202 (Certified person; sampling) or §90.203 (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 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 80769, Dec. 5, 1980, as amended at 64 FR 43286, Aug. 10, 1999; 67 FR 38386, June 4, 2002; 71 FR 16669, Apr. 3, 2006] (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) Except as provided in paragraph (d) of this section, each approved sampling device shall be examined each shift by a person certified in accordance with §90.202 (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 §90.202 (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. (d) Paragraph (b) of this section shall not apply if the approved sampling device is being operated in a breast or chamber of an anthracite coal mine where the full box mining method is used. 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 a 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. (a) The operator shall take five valid respirable dust samples for each part 90 miner within 15 calendar days after: (1) The 20-day period specified for each part 90 miner in §90.100 (Respirable dust standard); (2) Receipt of notification from MSHA that any respirable dust sample taken in accordance with §90.208 (Bimonthly sampling) exceeds 1.0 milligram per cubic meter of air or the respirable dust standard established by §90.101 (Respirable dust standard when quartz is present); and (3) Implementing any transfer after the twentieth calendar day following receipt of notification from MSHA that a part 90 miner is employed at the mine. (a) Each operator shall take one valid respirable dust sample for each part 90 miner 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 §90.101 (Respirable dust standard when quartz is present), respirable dust sampling of part 90 miners shall begin on the first shift on which the miner is performing normal work duties during the next bimonthly period following notification of such change from MSHA. (c) Upon issuance of a citation for a violation of §90.100 (Respirable dust standard) or §90.101 (Respirable dust standard when quartz is present), paragraphs (a) and (b) of this section shall not apply to that part 90 miner until the violation is abated in accordance with §90.201(d) (Sampling; general requirements). (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 §90.202 (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 80769, Dec. 5, 1980, as amended at 58 FR 63529, Dec. 2, 1993; 60 FR 33723, June 29, 1995; 60 FR 35696, July 11, 1995] (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 mechanized mining unit, if any, within 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; (5) The occupation code; (6) The reason for voiding any samples; and, (7) The Social Security Number of the part 90 miner. (b) Upon receipt, the operator shall provide a copy of this report to the part 90 miner. The operator shall not post the original or a copy of this report on the mine bulletin board. If there is a change in the status of a part 90 miner that affects the respirable dust sampling requirements of this part (such as entering a terminated, injured or ill status, or returning to work), the operator shall report the change in the status of the part 90 miner 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. (a) If an operator abates a violation of §90.100 (Respirable dust standard) or §90.101 (Respirable dust standard when quartz is present) by reducing the respirable dust level in the position of the part 90 miner, the operator shall submit a written respirable dust control plan for that part 90 miner in that position within 15 calendar days after the citation is terminated to the District Manager for approval. 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 for the part 90 miner in the position identified in the citation. (b) Each respirable dust control plan shall include at least the following: (1) The mine identification 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 name and Social Security number of the part 90 miner and the 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 provide a copy of the current respirable dust control plan required under this part to the part 90 miner. The operator shall not post the original or a copy of the plan on the mine bulletin board. (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 90—MANDATORY HEALTH STANDARDS—COAL MINERS WHO HAVE EVIDENCE OF THE DEVELOPMENT OF PNEUMOCONIOSIS
Section Contents
§ 90.1 Scope.
§ 90.2 Definitions.
§ 90.3 Part 90 option; notice of eligibility; exercise of option.
§ 90.100 Respirable dust standard.
§ 90.101 Respirable dust standard when quartz is present.
§ 90.102 Transfer; notice.
§ 90.103 Compensation.
§ 90.104 Waiver of rights; re-exercise of option.
§ 90.201 Sampling; general requirements.
§ 90.202 Certified person; sampling.
§ 90.203 Certified person; maintenance and calibration.
§ 90.204 Approved sampling devices; maintenance and calibration.
§ 90.205 Approved sampling devices; operation; air flowrate.
§ 90.206 Approved sampling devices; equivalent concentrations.
§ 90.207 Compliance sampling.
§ 90.208 Bimonthly sampling.
§ 90.209 Respirable dust samples; transmission by operator.
§ 90.210 Respirable dust samples; report to operator.
§ 90.220 Status change reports.
§ 90.300 Respirable dust control plan; filing requirements.
§ 90.301 Respirable dust control plan; approval by District Manager; copy to part 90 miner.
Subpart A—General
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§ 90.1 Scope.
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§ 90.2 Definitions.
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§ 90.3 Part 90 option; notice of eligibility; exercise of option.
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Subpart B—Dust Standards, Rights of Part 90 Miners
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§ 90.100 Respirable dust standard.
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§ 90.101 Respirable dust standard when quartz is present.
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§ 90.102 Transfer; notice.
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§ 90.103 Compensation.
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§ 90.104 Waiver of rights; re-exercise of option.
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Subpart C—Sampling Procedures
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§ 90.201 Sampling; general requirements.
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§ 90.202 Certified person; sampling.
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§ 90.203 Certified person; maintenance and calibration.
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§ 90.204 Approved sampling devices; maintenance and calibration.
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§ 90.205 Approved sampling devices; operation; air flowrate.
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§ 90.206 Approved sampling devices; equivalent concentrations.
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§ 90.207 Compliance sampling.
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§ 90.208 Bimonthly sampling.
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§ 90.209 Respirable dust samples; transmission by operator.
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§ 90.210 Respirable dust samples; report to operator.
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§ 90.220 Status change reports.
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Subpart D—Respirable Dust Control Plans
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§ 90.300 Respirable dust control plan; filing requirements.
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§ 90.301 Respirable dust control plan; approval by District Manager; copy to part 90 miner.
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