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DOL/MSHA RIN: 1219-AB55 Publication ID: Spring 2008
Title: Diesel Particulate Matter: Conversion Factor From Total Carbon to Elemental Carbon
Abstract: MSHA is publishing a notice of enforcement of diesel particulate matter (DPM) final limit and withdrawal of intent to issue a proposed rule. On May, 18, 2006, MSHA published a final rule on Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners. The final rule stated that MSHA intended to issue a proposed rule to convert the final DPM permissible exposure limit (PEL) from 160 total carbon (TC) to a comparable elemental carbon (EC) PEL prior to May 20, 2008, provided sufficient scientific data were available to support a proposed rule. MSHA has insufficient evidence suggesting an appropriate conversion factor, and the National Institute for Occupational Safety and Health (NIOSH) has determined that further study would be needed to convert the final 160 TC PEL to a comparable EC PEL. However, the court decision in Kennecott Greene Creek Mining Co. v. MSHA allows MSHA to enforce either the 160 TC PEL or a converted EC PEL. MSHA is therefore issuing this notice that it will enforce the final 160 TC limit using an enforcement strategy referenced in the notice.
Agency: Department of Labor(DOL) Priority: Other Significant
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions
Major: No Unfunded Mandates: No
CFR Citation: 30 CFR 57 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 30 USC 811; 30 USC 813
Legal Deadline: None

Statement of Need: The May 18, 2006, final rule at 30 CFR 57.5060(b)(3) requires mine operators to ensure that the miners' personal exposures to DPM in an underground mine do not exceed an airborne concentration of 160 micrograms of total carbon per cubic meter of air during an average 8-hour equivalent full shift, effective May 20, 2008.

Action Date FR Cite
Withdrawn 05/20/2008
Regulatory Flexibility Analysis Required: No Government Levels Affected: None
Small Entities Affected: Businesses Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: Public Comment URL:
RIN Data Printed in the FR: No
Agency Contact:
Patricia W. Silvey
Director, Office of Standards, Regulations, and Variances
Department of Labor
Mine Safety and Health Administration
Room 631, 1100 Wilson Boulevard, Room 2350,
Arlington, VA 22209-3939
Phone:202 693-9440
Fax:202 693-9441