§71.301. Respirable dust control plan; approval by District Manager and posting.
30 C.F.R. § 71.301
As of April 8, 2026:
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:
The respirable dust control measures would be likely to maintain concentrations of respirable coal mine dust at or below the standard; and
The operator's compliance with all provisions of the respirable dust control plan could be objectively ascertained by MSHA.
MSHA may take respirable dust samples to determine whether the respirable dust control measures in the operator's plan effectively maintain concentrations of respirable coal mine dust at or below the applicable standard.
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.
The approved respirable dust control plan and any revisions shall be:
Provided upon request to the representative of miners by the operator following notification of approval;
Made available for inspection by the representative of miners; and
Posted on the mine bulletin board within 1 working day following notification of approval, and shall remain posted for the period that the plan is in effect.
The operator may review respirable dust control plans and submit proposed revisions to such plans to the District Manager for approval.
Notes, amendments, and revision history
Amendments
[89 FR 28478, 28479, Apr. 18, 2024]
Source
Source: 79 FR 24985, May 1, 2014, unless otherwise noted.
Authority
Authority: 30 U.S.C. 811, 813(h), 957.
Source
Source: 37 FR 6368, Mar. 28, 1972, unless otherwise noted.
Amendments
[89 FR 28478, 28479, Apr. 18, 2024]