---
kind: "range"
citation: "30 C.F.R. §§ 57.5060–57.5071"
title: "30"
from: "57.5060"
to: "57.5071"
count: 7
url: "https://uscodex.org/cfr/30/57.5060..57.5071"
---

# §57.5060. Limit on exposure to diesel particulate matter.

- (a) A miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 308 micrograms of elemental carbon per cubic meter of air (308EC µg/m 3). [This interim permissible exposure limit (PEL) remains in effect until the final DPM exposure limit becomes effective. When the final DPM exposure limit becomes effective, MSHA will publish a document in the Federal Register.]
- (b)
  - (1) Effective May 20, 2006, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 308 micrograms of elemental carbon per cubic meter of air (308EC µg/m 3).
  - (2) Effective January 20, 2007, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 350 micrograms of total carbon per cubic meter of air (350TC µg/m 3).
  - (3) Effective May 20, 2008, a miner's personal exposure to diesel particulate matter (DPM) in an underground mine must not exceed an average eight-hour equivalent full shift airborne concentration of 160 micrograms of total carbon per cubic meter of air (160TC µg/m 3).
- (c)
  - (1) If a mine requires additional time to come into compliance with the final DPM limit established in [§ 57.5060 (b)](#b) due to technological or economic constraints, the operator of the mine may file an application with the District Manager for a special extension.
  - (2) The mine operator must certify on the application that the operator has posted one copy of the application at the mine site for at least 30 days prior to the date of application, and has provided another copy to the authorized representative of miners.
  - (3) No approval of a special extension shall exceed a period of one year from the date of approval. Mine operators may file for additional special extensions provided each extension does not exceed a period of one year. An application must include the following information:
    - (i) Documentation supporting that controls are technologically or economically infeasible at this time to reduce the miner's exposure to the final DPM limit.
    - (ii) **The most recent DPM monitoring results.**
    - (iii) The actions the operator will take during the extension to minimize exposure of miners to DPM.
  - (4) A mine operator must comply with the terms of any approved application for a special extension, post a copy of the approved application for a special extension at the mine site for the duration of the special extension period, and provide a copy of the approved application to the authorized representative of miners.
- (d) The mine operator must install, use, and maintain feasible engineering and administrative controls to reduce a miner's exposure to or below the applicable DPM PEL established in this section. When controls do not reduce a miner's DPM exposure to the PEL, controls are infeasible, or controls do not produce significant reductions in DPM exposures, controls must be used to reduce the miner's exposure to as low a level as feasible and must be supplemented with respiratory protection in accordance with § [57.5005(a)](/cfr/30/57.5005.md?p=a), [(b)](/cfr/30/57.5005.md?p=b), and [paragraphs (d)(1) through (d)(8)](#d-1..d-8) of this section.
  - (1) Air purifying respirators must be equipped with the following:
    - (i) Filters certified by NIOSH under [30 CFR part 11](/cfr/30/part11.md) (appearing in the July 1, 1994 edition of [30 CFR](/cfr/30.md), parts [1](/cfr/30/part1.md) to [199](/cfr/30/part199.md)) as a high efficiency particulate air (HEPA) filter;
    - (ii) Filters certified by NIOSH under [42 CFR part 84](/cfr/42/part84.md) as 99.97% efficient; or
    - (iii) **Filters certified by NIOSH for DPM.**
  - (2) Non-powered, negative-pressure, air purifying, particulate-filter respirators shall use an R- or P-series filter or any filter certified by NIOSH for DPM. An R-series filter shall not be used for longer than one work shift.
  - (3) The mine operator must provide a confidential medical evaluation by a physician or other licensed health care professional (PLHCP), at no cost to the miner, to determine the miner's ability to use a respirator before the miner is required to be fit tested or to use a respirator at the mine. If the PLHCP determines that the miner cannot wear a negative pressure respirator, the mine operator must make certain that the PLHCP evaluates the miner's ability to wear a powered air purifying respirator (PAPR).
  - (4) The mine operator must provide the miner with an opportunity to discuss their evaluation results with the PLHCP before the PLHCP submits the written determination to the mine operator regarding the miner's ability to wear a respirator. If the miner disagrees with the evaluation results of the PLHCP, the miner may submit within 30 days additional evidence of his or her medical condition to the PLHCP.
  - (5) The mine operator must obtain a written determination from the PLHCP regarding the miner's ability to wear a respirator, and the mine operator must assure that the PLHCP provides a copy of the determination to the miner.
  - (6) The miner must be reevaluated when the mine operator has reason to believe that conditions have changed which could adversely affect the miner's ability to wear the respirator.
  - (7) Upon written notification that the PLHCP has determined that the miner is unable to wear a respirator, including a PAPR, the miner must be transferred to work in an existing position in an area of the same mine where respiratory protection is not required. The miner must be transferred within 30 days of the final determination by the PLHCP.
    - (i) The miner must continue to receive compensation at no less than the regular rate of pay in the classification held by that miner immediately prior to the transfer.
    - (ii) Increases in wages of the transferred miner must be based upon the new work classification.
  - (8) The mine operator must maintain a record of the identity of the PLHCP and the most recent written determination of each miner's ability to wear a respirator for the duration of the miner's employment plus six months.
- (e) Rotation of miners shall not be considered an acceptable administrative control used for compliance with the DPM standard.

# §57.5061. Compliance determinations.

- (a) MSHA will use a single sample collected and analyzed by the Secretary in accordance with the requirements of this section as an adequate basis for a determination of noncompliance with the DPM limit.
- (b) The Secretary will collect samples of DPM by using a respirable dust sampler equipped with a submicrometer impactor and analyze the samples for the amount of elemental carbon using the method described in NIOSH Analytical Method 5040, except that the Secretary also may use any methods of collection and analysis subsequently determined by NIOSH to provide equal or improved accuracy for the measurement of DPM.
- (c) The Secretary will use full-shift personal sampling for compliance determinations.

# §57.5065. Fueling practices.

- (a) Diesel fuel used to power equipment in underground areas must not have a sulfur content greater than 0.05 percent. The operator must retain purchase records that demonstrate compliance with this requirement for one year after the date of purchase.
- (b) The operator must only use fuel additives registered by the U.S. Environmental Protection Agency in diesel powered equipment operated in underground areas.

# §57.5066. Maintenance standards.

- (a) Any diesel powered equipment operated at any time in underground areas must meet the following maintenance standards:
  - (1) The operator must maintain any approved engine in approved condition;
  - (2) The operator must maintain the emission related components of any non-approved engine to manufacturer specifications; and
  - (3) The operator must maintain any emission or particulate control device installed on the equipment in effective operating condition.
- (b)
  - (1) A mine operator must authorize each miner operating diesel-powered equipment underground to affix a visible and dated tag to the equipment when the miner notes evidence that the equipment may require maintenance in order to comply with the maintenance standards of [paragraph (a)](#a) of this section. The term evidence means visible smoke or odor that is unusual for that piece of equipment under normal operating procedures, or obvious or visible defects in the exhaust emissions control system or in the engine affecting emissions.
  - (2) A mine operator must ensure that any equipment tagged pursuant to this section is promptly examined by a person authorized to maintain diesel equipment, and that the affixed tag not be removed until the examination has been completed. The term promptly means before the end of the next shift during which a qualified mechanic is scheduled to work.
  - (3) A mine operator must retain a log of any equipment tagged pursuant to this section. The log must include the date the equipment is tagged, the date the equipment is examined, the name of the person examining the equipment, and any action taken as a result of the examination. The operator must retain the information in the log for one year after the date the tagged equipment was examined.
- (c) Persons authorized by a mine operator to maintain diesel equipment covered by [paragraph (a)](#a) of this section must be qualified, by virtue of training or experience, to ensure that the maintenance standards of [paragraph (a)](#a) of this section are observed. An operator must retain appropriate evidence of the competence of any person to perform specific maintenance tasks in compliance with those standards for one year after the date of any maintenance, and upon request must provide the documentation to the authorized representative of the Secretary.

# §57.5067. Engines.

- (a) Any diesel engine introduced into an underground area of a mine covered by this part after July 5, 2001, other than an engine in an ambulance or fire fighting equipment which is utilized in accordance with mine fire fighting and evacuation plans, must either:
  - (1) Have affixed a plate evidencing approval of the engine pursuant to [subpart E of Part 7 of this title](/cfr/30/part7-subpartE.md) or pursuant to [Part 36 of this title](/cfr/30/part36.md); or
  - (2) Meet or exceed the applicable particulate matter emission requirements of the Environmental Protection Administration listed in Table 57.5067-1, as follows:
- (b) **For purposes of paragraph (a)—**
  - (1) The term “introduced” means any engine added to the underground inventory of engines of the mine in question, including:
    - (i) An engine in newly purchased equipment;
    - (ii) An engine in used equipment brought into the mine; and
    - (iii) A replacement engine that has a different serial number than the engine it is replacing; but
  - (2) The term “introduced” does not include engines that were previously part of the mine inventory and rebuilt.
  - (3) The term introduced does not include the transfer of engines or equipment from the inventory of one underground mine to another underground mine operated by the same mine operator.

# §57.5070. Miner training.

- (a) Mine operators must provide annual training to all miners at a mine covered by this part who can reasonably be expected to be exposed to diesel emissions on that property. The training must include—
  - (1) The health risks associated with exposure to diesel particulate matter;
  - (2) The methods used in the mine to control diesel particulate matter concentrations;
  - (3) Identification of the personnel responsible for maintaining those controls; and
  - (4) Actions miners must take to ensure the controls operate as intended.
- (b) An operator must retain a record at the mine site of the training required by this section for one year after completion of the training.

# §57.5071. Exposure monitoring.

- (a) Mine operators must monitor as often as necessary to effectively determine, under conditions that can be reasonably anticipated in the mine, whether the average personal full-shift airborne exposure to DPM exceeds the DPM limit specified in [§ 57.5060](/cfr/30/57.5060.md).
- (b) The mine operator must provide affected miners and their representatives with an opportunity to observe exposure monitoring required by this section. Mine operators must give prior notice to affected miners and their representatives of the date and time of intended monitoring.
- (c) If any monitoring performed under this section indicates that a miner's exposure to diesel particulate matter exceeds the DPM limit specified in [§ 57.5060](/cfr/30/57.5060.md), the operator must promptly post notice of the corrective action being taken on the mine bulletin board, initiate corrective action by the next work shift, and promptly complete such corrective action.
- (d)
  - (1) The results of monitoring for diesel particulate matter, including any results received by a mine operator from sampling performed by the Secretary, must be posted on the mine bulletin board within 15 days of receipt and must remain posted for 30 days. The operator must provide a copy of the results to the authorized representative of miners.
  - (2) The mine operator must retain for five years (from the date of sampling), the results of any samples the operator collected as a result of monitoring under this section, and information about the sampling method used for obtaining the samples.