Summary of Requirements: Mine Safety and Health Administration's (MSHA's) Standard on Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners that are in effect as of July 20, 2002

On July 15, 2002, the DPM litigants signed a partial settlement agreement wherein MSHA agreed that the interim standard of 400 micrograms goes into effect on July 20, 2002 without further legal challenge. However, during the period of July 20, 2002 through July 19, 2003, MSHA will provide operators with compliance assistance. MSHA will:

bulletHold compliance assistance meetings throughout the country to discuss how to comply with the DPM rule;
 
bulletProvide assistance in how to conduct DPM sampling;
 
bulletProvide a compliance guide answering key questions;
 
bulletInventory existing underground diesel-powered equipment;
 
bulletAssist in developing a strategy to control DPM emissions;
 
bulletProvide information on feasible DPM controls; and,
 
bulletTake baseline samples at each underground mine covered under the standard.

During this compliance assistance period (through July 19, 2003), mine operators will not be cited for exposures exceeding the interim limit of 400 micrograms of total carbon per cubic meter of air, provided they take good-faith steps to develop and implement a written compliance strategy. MSHA will issue a noncompliance citation for exceeding the interim concentration limit if the Agency believes that an operator is not acting in good faith. After July 19, 2003, MSHA will issue citations for violations associated with the interim limit.

What do the provisions of the rule that I have to comply with now require me to do?

bulletuse only low-sulfur (0.05% or less) diesel fuel;
 
bulletuse only EPA-registered fuel additives;
 
bulletmaintain approved diesel engines in approved condition;
maintain the emission related components of non-approved engines in accordance with manufacturer specifications;
and maintain any installed emission control devices in effective operating condition;
 
bulletensure that a person authorized by the mine operator examines tagged equipment before the end of the next shift during which a qualified mechanic is scheduled to work;
 
bulletensure that persons authorized to maintain diesel equipment are qualified by virtue of training or experience for the maintenance tasks they perform;
 
bulletensure that diesel engines added to the inventory of an underground metal or nonmetal mine are either an engine approved by MSHA under Part 7 or Part 36, or an engine meeting certain EPA particulate matter emission specifications;
 
bulletprovide annual training to miners on DPM hazards and controls; and
bulletmaintain DPM-related records.