Section 71.301 - [Effective 4/14/2025] Respirable dust control plan; approval by District Manager and postingAs of April 8, 2026:
(a) The District Manager will approve respirable dust control plans on a mine-by-mine basis. When approving respirable dust control plans, the District Manager shall consider whether: (1) The respirable dust control measures would be likely to maintain concentrations of respirable coal mine dust at or below the standard; and(2) The operator's compliance with all provisions of the respirable dust control plan could be objectively ascertained by MSHA.(b) MSHA may take respirable dust samples to determine whether the respirable dust control measures in the operator's plan effectively maintain concentrations of respirable coal mine dust at or below the applicable standard.(c) The operator shall comply with all provisions of each respirable dust control plan upon notice from MSHA that the respirable dust control plan is approved.(d) The approved respirable dust control plan and any revisions shall be: (1) Provided upon request to the representative of miners by the operator following notification of approval;(2) Made available for inspection by the representative of miners; and(3) Posted on the mine bulletin board within 1 working day following notification of approval, and shall remain posted for the period that the plan is in effect.(e) The operator may review respirable dust control plans and submit proposed revisions to such plans to the District Manager for approval. 89 FR 28478 , 6/17/2024; 89 FR 28479 , 4/14/2025