**U.S. DEPARTMENT OF LABOR**

**MINE SAFETY AND HEALTH ADMINISTRATION**

**COMPILATION OF STANDARDS ADDRESSING**

**DIESEL PARTICULATE MATTER EXPOSURE OF UNDERGROUND**

**METAL AND NONMETAL MINERS**

**\--DISQUALIFIER\--**

This document is intended to provide the mining community with a single
reference of the revised DPM standard. Whereas we attempted to provide
accurate information to the public, we make no express or implied
guarantees.

DPM compliance requirements are governed by the Federal Mine Safety and
Health Act of 1977 and Title 30 of the Code of Federal Regulations. We
will make every effort to correct errors brought to our attention.

**\
**[**PART 57---SAFETY AND HEALTH STANDARDS---UNDERGROUND METAL AND
NONMETAL
MINES**](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=3f864eced3b8aa9bce2d4b748f9c4221;rgn=div5;view=text;node=30%3A1.0.1.8.29;idno=30;cc=ecfr)
**\
**

**[Subpart D---Air Quality, Radiation, Physical Agents, and Diesel
Particulate
Matter](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=3f864eced3b8aa9bce2d4b748f9c4221;rgn=div6;view=text;node=30%3A1.0.1.8.29.4;idno=30;cc=ecfr)\
**

[**Diesel Particulate Matter---Underground
Only**](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=3f864eced3b8aa9bce2d4b748f9c4221;rgn=div7;view=text;node=30%3A1.0.1.8.29.4.158;idno=30;cc=ecfr)

##### § 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 (308~EC~ 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 (308~EC~ 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 (350~TC~ 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 (160~TC~ 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) 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.

\[*70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005, as amended at
70 FR 55019, Sept. 19, 2005; 71 FR 29011, May 18, 2006\]*

***\[Effective August 16, 2006, §57.5060 is amended by revising
paragraph (d) introductory text and adding paragraphs (d)(3) through
(d)(8).\], below:***

**(d) The mine operator must install, use, and maintain feasible
engineering and administrative controls to reduce a miner\'s exposures
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), (b), and paragraphs (d)(1)
through (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 (appearing in the
July 1, 1994 edition of 30 CFR, parts 1 to 199) as a high efficiency
particulate air (HEPA) filter;

\(ii\) Filters certified by NIOSH under 42 CFR part 84 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.

*\[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005, as amended at
70 FR 55019, Sept. 19, 2005; 71 FR 29011, May 18, 2006\]*

##### § 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.

\[*70 FR 32966, June 6, 2005\]*

##### § 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.

\[*66 FR 5907, Jan. 19, 2001; 66 FR 35520, July 5, 2001\]*

##### § 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) 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) of this section must be qualified, by virtue of
training or experience, to ensure that the maintenance standards of
paragraph (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.

*\[66 FR 5907, Jan. 19, 2001, as amended at 67 FR 9184, Feb. 27, 2002\]*

*Effective Date Note:   At 66 FR 5907, Jan. 19, 2001, §57.5066 was
added, effective July 5, 2001, except for paragraph (b). At 66 FR 35518,
July 5, 2001, the effective date of paragraph (b) was delayed pending
disposition of current litigation challenging the rule. At 67 FR 9184,
Feb. 27, 2002, paragraphs (b)(1) and (b)(2) were revised, effective Mar.
29, 2002.*

##### § 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 or pursuant to Part 36 of this title;
or

\(2\) Meet or exceed the applicable particulate matter emission
requirements of the Environmental Protection Administration listed in
Table 57.5067--1, as follows:

**TABLE 57.5067-1**

**EPA requirement EPA category PM limit**

40 CFR 86.094-- 8(a)(1)(i)(A)(2) \...\...\...\....light duty vehicle
\...\...\...\...\...\...\...\...\...\..... 0.1 g/mile.

40 CFR 86.094-- 9(a)(1)(i)(A)(2) \...\...\...\....light duty truck
\...\...\...\...\...\...\...\...\...\...\...\... 0.1 g/mile.

40 CFR 86.094-- 11(a)(1)(iv)(B) .........\...heavy duty highway engine .
\...\...\...\.....0.1 g/bhp-hr.

40 CFR 89.112(a) \...\...\...\...\...\...\...\...\...\...\.....nonroad
(tier, power range) \...\..... ......varies by power range:

tier W\<8 (hp\<11) \...\...\...\...\...\...\...\...\...\..... 1.0
g/kW-hr (0.75 g/bhp- hr)
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
tier 1 8≤kW\<19 (11≤hp\<25) \...\...\...\...\... 0.80 g/kW-hr (0.60
g/bhp-hr).
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...
tier 1 19≤kW\<37 (25≤hp\<50) \...\...\... 0.80 g/kW-hr (0.60 g/bhp-hr).
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
tier 2 37≤kW\<75 (50≤hp\<100) ...\... ....0.40 g/kW-hr (0.30 g/bhp-hr).
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
tier 2 75≤kW\<130 (100≤hp\<175) \... ...0.30 g/kW-hr (0.22 g/bhp-hr).
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
tier 1 130≤kW\<225 (175≤hp\<300) .... 0.54 g/kW-hr (0.40 g/bhp-hr).
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
tier 1 225≤kW\<450 (300≤hp\<600) .. ...0.54 g/kW-hr (0.40 g/bhp-hr).
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
tier 1 450≤kW\<560 (600≤hp\<750) \...\...0.54 g/kW-hr (0.40 g/bhp-hr).
\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....
tier 1 kW≥560 (hp≥750) \...\...\...\...\...\...\... 0.54 g/kW-hr (0.40
g/bhp-hr).

Notes:

\`\`g\'\' means grams.

\`\`hp\'\' means horsepower.

\`\`g/bhp-hr\'\' means grams/brake horsepower-hour.

\`\`kW\'\' means kilowatt.

\`\`g/kW-hr\'\' means grams/kilowatt-hour.

\(b\) 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.

*\[66 FR 5907, Jan. 19, 2001, as amended at 66 FR 27864, May 21, 2001;
67 FR 9184, Feb. 27, 2002\]*

##### § 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.

\(b\) 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, 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.

*\[70 FR 32966, June 6, 2005\]*

**§ 57.5075 Diesel particulate records.**

(a) **The table entitled "Diesel Particulate Matter Recordkeeping
    Requirements" lists the records the operator must maintain pursuant
    to §§ 57.5060 through 57.5071, and the duration for which particular
    records need to be retained.**

> **Table 57.5075(a).---DIESEL PARTICULATE RECORDKEEPING REQUIREMENTS**

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

> Record Section Retention time reference

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

1\. Approved application for extension of

time to comply with exposure limits ..... § 57.5060(c)
.................... Duration of extension.

**2. Identity of PLHCP and most recent**

**written determination of miner's ability**

**to wear a respirator .......... § 57.5060(d) ....................
Duration of miner's employment plus 6 months.**

3\. Purchase records noting sulfur content

of diesel fuel. ........... § 57.5065(a) .................... 1 year
beyond date of

> purchase.

4\. Maintenance log ................................. § 57.5066(b)
..................... 1 year after date any equipment is tagged

5\. Evidence of competence to perform

maintenance. .................................... § 57.5066(c)
....................... 1 year after date

> maintenance performed.

6\. Annual training provided to potentially

exposed miners. ........... § 57.5070(b) ........................ 1 year
beyond date training completed.

7\. Record of corrective action .................. § 57.5071(c)
....................... Until the corrective action

> is completed.

8\. Sampling method used to effectively

evaluate a miner\'s personal exposure,

and sample results. ............§ 57.5071(d)........................ 5
years from sample date.

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

(b)(1) Any record listed in this section which is required to be
retained at the mine site may, notwithstanding such requirement, be
retained elsewhere if the mine operator can immediately access the
record from the mine site by electronic transmission.

\(2\) Upon request from an authorized representative of the Secretary of
Labor, the Secretary of Health and Human Services, or from the
authorized representative of miners, mine operators must promptly
provide access to any record listed in the table in this section.

**(3) An operator must provide access to a miner, former miner, or, with
the miner\'s or former miner\'s written consent, a personal
representative of a miner, to any record required to be maintained
pursuant to §57.5071 or §57.5060(d) to the extent the information
pertains to the miner or former miner. The operator must provide the
first copy of a requested record at no cost, and any additional copies
at reasonable cost.**

\(4\) Whenever an operator ceases to do business, that operator must
transfer all records required to be maintained by this part, or a copy
thereof, to any successor operator who must maintain them for the
required period.

*\[70 FR 32966, June 6, 2005; 70 FR 37901, June 30, 2005; 71 FR 29012,
May 18, 2006\]*