§ 842. — Dust concentration and respiratory equipment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC842]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 22--MINE SAFETY AND HEALTH
SUBCHAPTER II--INTERIM MANDATORY HEALTH STANDARDS
Sec. 842. Dust concentration and respiratory equipment
(a) Samples; procedures; transmittal; notice of excess concentration;
periodic reports to Secretary; contents
Each operator of a coal mine shall take accurate samples of the
amount of respirable dust in the mine atmosphere to which each miner in
the active workings of such mine is exposed. Such samples shall be taken
by any device approved by the Secretary and the Secretary of Health and
Human Services and in accordance with such methods, at such locations,
at such intervals, and in such manner as the Secretaries shall prescribe
in the Federal Register within sixty days from December 30, 1969 and
from time to time thereafter. Such samples shall be transmitted to the
Secretary in a manner established by him, and analyzed and recorded by
him in a manner that will assure application of the provisions of
section 814(i) of this title when the applicable limit on the
concentration of respirable dust required to be maintained under this
section is exceeded. The results of such samples shall also be made
available to the operator. Each operator shall report and certify to the
Secretary at such intervals as the Secretary may require as to the
conditions in the active workings of the coal mine, including, but not
limited to, the average number of working hours worked during each
shift, the quantity and velocity of air regularly reaching the working
faces, the method of mining, the amount and pressure of the water, if
any, reaching the working faces, and the number, location, and type of
sprays, if any, used.
(b) Standards; noncompliance permit; renewal; procedures; limitations;
extension period
Except as otherwise provided in this subsection--
(1) Effective on the operative date of this subchapter, each
operator shall continuously maintain the average concentration of
respirable dust in the mine atmosphere during each shift to which
each miner in the active workings of such mine is exposed at or
below 3.0 milligrams of respirable dust per cubic meter of air.
(2) Effective three years after December 30, 1969, each operator
shall continuously maintain the average concentration of respirable
dust in the mine atmosphere during each shift to which each miner in
the active workings of such mine is exposed at or below 2.0
milligrams of respirable dust per cubic meter of air.
(3) Any operator who determines that he will be unable, using
available technology, to comply with the provisions of paragraph (1)
of this subsection, or the provisions of paragraph (2) of this
subsection, as appropriate, may file with the Panel, no later than
sixty days prior to the effective date of the applicable respirable
dust standard established by such paragraphs, an application for a
permit for noncompliance. If, in the case of an application for a
permit for noncompliance with the 3.0 milligram standard established
by paragraph (1) of this subsection, the application satisfies the
requirements of subsection (c) of this section, the Panel shall
issue a permit for noncompliance to the operator. If, in the case of
an application for a permit for noncompliance with the 2.0 milligram
standard established by paragraph (2) of this subsection, the
application satisfies the requirements of subsection (c) of this
section and the Panel determines that the applicant will be unable
to comply with such standard, the Panel shall issue to the operator
a permit for noncompliance.
(4) In any case in which an operator, who has been issued a
permit (including a renewal permit) for noncompliance under this
section, determines, not more than ninety days prior to the
expiration date of such permit, that he still is unable to comply
with the standard established by paragraph (1) of this subsection or
the standard established by paragraph (2) of this subsection, as
appropriate, he may file with the Panel an application for renewal
of the permit. Upon receipt of such application, the Panel, if it
determines, after all interested persons have been notified and
given an opportunity for a public hearing under section 804 of this
title, that the application is in compliance with the provisions of
subsection (c) of this section, and that the applicant will be
unable to comply with such standard, may renew the permit.
(5) Any such permit or renewal thereof so issued shall be in
effect for a period not to exceed one year and shall entitle the
permittee during such period to maintain continuously the average
concentration of respirable dust in the mine atmosphere during each
shift in the working places of such mine to which the permit applies
at a level specified by the Panel, which shall be at the lowest
level which the application shows the conditions, technology
applicable to such mine, and other available and effective control
techniques and methods will permit, but in no event shall such level
exceed 4.5 milligrams of dust per cubic meter of air during the
period when the 3.0 milligram standard is in effect, or 3.0
milligrams of dust per cubic meter of air during the period when the
2.0 milligram standard is in effect.
(6) No permit or renewal thereof for noncompliance shall entitle
any operator to an extension of time beyond eighteen months from
December 30, 1969 to comply with the 3.0 milligram standard
established by paragraph (1) of this subsection, or beyond seventy-
two months from December 30, 1969 to comply with the 2.0 milligram
standard established by paragraph (2) of this subsection.
(c) Applications for noncompliance; contents
Any application for an initial or renewal permit made pursuant to
this section shall contain--
(1) a representation by the applicant and the engineer
conducting the survey referred to in paragraph (2) of this
subsection that the applicant is unable to comply with the standard
applicable under subsection (b)(1) or (b)(2) of this section at
specified working places because the technology for reducing the
concentration of respirable dust at such places is not available, or
because of the lack of other effective control techniques or
methods, or because of any combination of such reasons;
(2) an identification of the working places in such mine for
which the permit is requested; the results of an engineering survey
by a certified engineer of the respirable dust conditions of each
working place of the mine with respect to which such application is
filed and the ability to reduce such dust to the level required to
be maintained in such place under this section; a description of the
ventilation system of the mine and its capacity; the quantity and
velocity of air regularly reaching the working faces; the method of
mining; the amount and pressure of the water, if any, reaching the
working faces; the number, location, and type of sprays, if any;
action taken to reduce such dust; and such other information as the
Panel may require; and
(3) statements by the applicant and the engineer conducting such
survey, of the means and methods to be employed to achieve
compliance with the applicable standard, the progress made toward
achieving compliance, and an estimate of when compliance can be
achieved.
(d) Promulgation of new standards; procedures
Beginning six months after the operative date of this subchapter and
from time to time thereafter, the Secretary of Health and Human Services
shall establish, in accordance with the provisions of section 811 of
this title, a schedule reducing the average concentration of respirable
dust in the mine atmosphere during each shift to which each miner in the
active workings is exposed below the levels established in this section
to a level of personal exposure which will prevent new incidences of
respiratory disease and the further development of such disease in any
person. Such schedule shall specify the minimum time necessary to
achieve such levels taking into consideration present and future
advancements in technology to reach these levels.
(e) Concentration of respirable dust
References to concentrations of respirable dust in this subchapter
mean the average concentration of respirable dust measured with a device
approved by the Secretary and the Secretary of Health and Human
Services.
(f) Average concentration
For the purpose of this subchapter, the term ``average
concentration'' means a determination which accurately represents the
atmospheric conditions with regard to respirable dust to which each
miner in the active workings of a mine is exposed (1) as measured,
during the 18 month period following December 30, 1969, over a number of
continuous production shifts to be determined by the Secretary and the
Secretary of Health and Human Services, and (2) as measured thereafter,
over a single shift only, unless the Secretary and the Secretary of
Health and Human Services find, in accordance with the provisions of
section 811 of this title, that such single shift measurement will not,
after applying valid statistical techniques to such measurement,
accurately represent such atmospheric conditions during such shift.
(g) Compliance inspections
The Secretary shall cause to be made such frequent spot inspections
as he deems appropriate of the active workings of coal mines for the
purpose of obtaining compliance with the provisions of this subchapter.
(h) Maintenance of respiratory equipment; substitutes for environmental
controls
Respiratory equipment approved by the Secretary and the Secretary of
Health and Human Services shall be made available to all persons
whenever exposed to concentrations of respirable dust in excess of the
levels required to be maintained under this chapter. Use of respirators
shall not be substituted for environmental control measures in the
active workings. Each operator shall maintain a supply of respiratory
equipment adequate to deal with occurrences of concentrations of
respirable dust in the mine atmosphere in excess of the levels required
to be maintained under this chapter.
(Pub. L. 91-173, title II, Sec. 202, Dec. 30, 1969, 83 Stat. 760; Pub.
L. 95-164, title II, Sec. 202(a), Nov. 9, 1977, 91 Stat. 1317; Pub. L.
96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
References in Text
For the operative date of this subchapter, referred to in subsecs.
(b)(1) and (d), see section 509 of Pub. L. 91-173, set out as a note
under section 801 of this title.
Amendments
1977--Subsec. (e). Pub. L. 95-164 substituted a general reference to
an ``approved device'' used to measure the average concentration of
respirable dust for provisions which had referred to a specific device
known as an ``MRE instrument''.
Change of Name
``Secretary of Health and Human Services'' substituted for
``Secretary of Health, Education, and Welfare'' in subsecs. (a), (d) to
(f), and (h) pursuant to section 509(b) of Pub. L. 96-88 which is
classified to section 3508(b) of Title 20, Education.
Effective Date of 1977 Amendment
Amendment by Pub. L. 95-164 effective Nov. 9, 1977, see section 307
of Pub. L. 95-164, set out as a note under section 801 of this title.
Section Referred to in Other Sections
This section is referred to in sections 814, 841 of this title.
