---
kind: "section"
citation: "30 C.F.R. § 90.301"
title: "30"
number: "90.301"
heading: "Respirable dust control plan; approval by District Manager; copy to part 90 miner."
url: "https://uscodex.org/cfr/30/90.301"
---

# §90.301. Respirable dust control plan; approval by District Manager; copy to part 90 miner.


As of April 14, 2025:

- (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 concentrations of respirable coal mine dust below the 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 concentrations of respirable coal mine dust below the 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](/cfr/30/part90.md) 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.

## Notes

### Amendments

[89 FR 28485, Apr. 18, 2024]

### Source

Source: 79 FR 24993, May 1, 2014, unless otherwise noted.

### Authority

Authority: 30 U.S.C. 811, 813(h), 957.

### Source

Source: 45 FR 80769, Dec. 5, 1980, unless otherwise noted.

### Amendments

[89 FR 28485, Apr. 18, 2024]