HR 2768 RH1S 
assessment of the Equal Access to Justice Act, the Regu-
latory Flexibility Act, the Small Business Regulatory En-
forcement Fairness Act, the Data Quality Act, the Paper-
work Reduction Act, the Unfunded Mandates Reform Act, 
the Federal Advisory Committee Act, the Congressional Re-
view Act, Executive Order 12866, Executive Order 13422, 
and memoranda from the Office of Management and Budget 
on guidance, risk assessment and cost analysis. The Sec-
retary shall request that the National Academy of Sciences 
consult widely with experts in administrative law and other 
disciplines knowledgeable about such requirements, and to 
quantify to the extent possible the costs to miners of the 
aforementioned requirements. The Secretary shall further 
request that recommendations be included in the report, and 
that such report and recommendations be completed, and 
forwarded to the Congress, no later than 21 months after 
the date of enactment of this Act. 
SEC. 8. OTHER HEALTH REQUIREMENTS. 
(a) AIR CONTAMINANTS.—Section 101 of (30 U.S.C. 
811) is amended by adding at the end the following: 
‘‘(f) Notwithstanding the other requirements of this sec-
tion, not later than 30 days of the enactment of the S– 
MINER Act, the National Institute for Occupational Safety 
and Health shall forward to the Secretary its Recommended 
Exposure Limits (RELs) for chemical and other hazards 
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HR 2768 RH1S 
to which miners may be exposed, along with the research 
data and other necessary information. Within 30 days of 
receipt of this information, the Secretary shall to adopt such 
recommended exposure limits as the Permissible Exposure 
Limits (PELs) for application in the mining industry. The 
National Institute of Occupational Safety and Health shall 
annually submit to the Secretary any additional or revised 
recommended exposure limits for all chemicals and other 
hazards to which miners may be exposed, and the Secretary 
shall be obligated to adopt such exposure limits as PELs 
for application in the mining industry within 30 days of 
receipt of such information. Upon petition from miners or 
mine operators providing credible evidence that feasibility 
may be an issue for the industry as a whole, the Secretary 
may review the feasibility of any PEL established pursuant 
to this paragraph before placing it into effect and, following 
public notice and comment, make necessary adjustments 
thereto, provided that the adjusted standard is as protective 
as is feasible, and that the PEL shall go into effect as re-
quired by the other provisions of this paragraph if such ac-
tion is not completed within one year. Moreover, upon peti-
tion from miners or mine operators providing credible evi-
dence that a REL issued by the National Institute of Occu-
pational Safety and Health lacks the specificity required 
to serve as a PEL pursuant to this Act, the Secretary may 
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HR 2768 RH1S 
defer implementation of the requirements of this paragraph 
and shall promptly request National Institute of Occupa-
tional Safety and Health to recommend a sufficiently de-
tailed REL, at which time the provisions of this paragraph 
shall be implemented. Nothing in this subsection shall limit 
the ability of the National Institute of Occupational Safety 
and Health to make such recommendations more frequently 
than 1 time per year, nor limit the Secretary from estab-
lishing requirements for chemical and other substances or 
health hazards in the mining industry that are more com-
prehensive and protective than those established pursuant 
to this subsection and in accordance with the other require-
ments of this section.’’. 
(b) ASBESTOS.—Section 101 (30 U.S.C. 811) is fur-
ther amended by adding at the end the following: 
‘‘(g) The health standard for asbestos established by the 
Occupational Safety and Health Administration that is set 
forth in section 1910.1001 of title 29, Code of Federal Regu-
lations, or any subsequent revision of that regulation, shall 
be adopted by the Secretary for application in the mining 
industry not later than 30 days of the enactment of the S– 
MINER Act. Nothing in this paragraph shall preclude the 
Secretary from adopting regulations to address asbestos 
hazards to miners not covered by the regulations of the Oc-
cupational Safety and Health Administration.’’. 
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HR 2768 RH1S 
(c) HAZARD
COMMUNICATION.—Section 101 (30 
U.S.C. 811) is further amended by adding at the end the 
following: 
‘‘(h) Unless and until there is additional rulemaking 
pursuant to the requirements of this section, the Secretary 
shall apply the provisions of the interim final rule of Octo-
ber 3, 2000, concerning hazard communication, in lieu of 
the final rule of June 21, 2002, concerning hazard commu-
nication.’’. 
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Union Calendar No. 280 
110TH CONGRESS 
1ST SESSION 
H. R. 2768 
[Report No. 110–457] 
A BILL 
To establish improved mandatory standards to pro-
tect miners during emergencies, and for other 
purposes. 
NOVEMBER 15, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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