W. Va. Code R. § 56-20-25
Current through Register Vol. XLI, No. 24, June 14, 2024
Section 56-20-25 - Diesel Particulate Matter25.1. Limits on exposure. 25.1.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 160 micrograms of total carbon per cubic meter of air (160TCµg/m3). 25.1.a.1. If a mine requires additional time to come into compliance with the final DPM limit established in the rules due to technological or economic constraints, the operator of the mine may file an application with the Director for a special extension.25.1.a.2. The mine operator must certify on the application that the operator has posted one (1) copy of the application at the mine site for at least thirty (30) days prior to the date of application and has provided another copy to the authorized representative of the miners.25.1.a.3. No approval of a special extension shall exceed a period of one (1) year from the date of approval. Mine operators may file for additional special extensions provided each extension does not exceed a period of one (1) year. An application must include the following information: 25.1.a.3.A. Documentation supporting that controls are technologically or economically infeasible at this time to reduce the miner's exposure to the final DPM limit;25.1.a.3.B. The most recent DPM monitoring results; and25.1.a.3.C. The actions the operator will take during the extension to minimize exposure of miners to DPM.25.1.a.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 another copy to the authorized representative of the miners.25.1.a.5. The mine operator must install, use, and maintain feasible engineering and administrative controls to reduce a miner's exposure to or below the DPM limit established in this section. When controls do not reduce a miner's DPM exposure to the limit, 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. 25.1.a.5.A. Air purifying respirators must be equipped with the following: 25.1.a.5.A.1. Filters certified by NIOSH as a high efficiency particulate air (HEPA) filter;25.1.a.5.A.2. Filters certified by as 99.97% efficient; or25.1.a.5.A.3. Filters certified by NIOSH for DPM.25.1.a.5.B. 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 (1) work shift.25.1.a.6. Rotation of miners shall not be considered an acceptable administrative control used for compliance with the DPM standard.25.1.a.7. 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).25.1.a.7.A. The mine operator must provide the miner with an opportunity to discuss his/her 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 thirty (30) days additional evidence of his/her medical condition to the PLHCP. 25.1.a.7.B. 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.25.1.a.7.C. 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.25.1.a.7.D. 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 thirty (30) days of the final determination by the PLHCP. 25.1.a.7.D.1. 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. 25.1.a.7.D.2. Increases in wages of the transferred miner must be based upon the new work classification.25.1.a.7.D.3. 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 (6) months.25.2. Test for compliance. 25.2.a. The operator will make records showing compliance with MSHA regulations in regard to this section available to the Director or authorized representative. 25.2.a.1. Diesel fuel. 25.2.a.1.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 (1) year after the date of purchase.25.2.a.1.B. The operator must only use fuel additives registered by the United States Environmental Protection Agency in diesel powered equipment operated in underground areas.25.2.b.1. Maintenance. 25.2.b.1.A. Any diesel powered equipment operated at any time in underground areas must meet the following maintenance standards: 25.2.b.1.A.1. The operator must maintain any approved engine in approved condition; 25.2.b.1.A.2. The operator must maintain the emission related components of any non-approved engine to manufacturer specifications; and25.2.b.1.A.3. The operator must maintain any emission or particulate control device installed on the equipment in effective operating condition.25.2.b.1.B. 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. 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.25.2.b.1.C. 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.25.2.b.1.D. 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 (1) year after the date the tagged equipment was examined.25.2.b.1.E. Persons authorized by a mine operator to maintain diesel equipment must be qualified, by virtue of training or experience, to ensure that the maintenance standards 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 (1) year after the date of any maintenance, and upon request must provide the documentation to the authorized representative of the Director.25.3. Engines. 25.3.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: 25.3.a.1. Have affixed a plate evidencing approval of the engine pursuant to 30 C.F.R.; or 25.3.a.2. Meet or exceed the applicable particulate matter emission requirements of the United States Environmental Protection Agency.25.3.b. For purposes of subdivision 26.3.a.: 25.3.b.1. The term "introduced" means any engine added to the underground inventory of engines of the mine in question, including: 25.3.b.1.A. An engine in newly purchased equipment;25.3.b.1.B. An engine in used equipment brought into the mine; and25.3.b.1.C. A replacement engine that has a different serial number than the engine it is replacing; but25.3.b.2. The term "introduced" does not include engines that were previously part of the mine inventory and rebuilt.25.3.b.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.25.4. Training. 25.4.a. Mine operators must provide annual training to all miners at a mine covered by this section who can reasonably be expected to be exposed to diesel emissions on that property. The training must include: 25.4.a.1. The health risks associated with exposure to diesel particulate matter;25.4.a.2. The methods used in the mine to control diesel particulate matter concentrations;25.4.a.3. Identification of the personnel responsible for maintaining those controls; and25.4.a.4. Actions miners must take to ensure the controls operate as intended.25.4.b. An operator must retain a record at the mine site of the training required by this section for one (1) year after completion of the training.25.5. Exposure monitoring. 25.5.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 the MSHA standard.25.5.b. The mine operator must provide affected miners with an opportunity to observe exposure monitoring required by this section. Mine operators must give prior notice to affected miners of the date and time of intended monitoring.25.5.c. If any monitoring performed under this section indicates that a miner's exposure to diesel particulate matter exceeds the DPM limit specified in the current MSHA standard, 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. 25.5.d. Documentation. 25.5.d.1. The results of monitoring for diesel particulate matter, including any results received by a mine operator from sampling performed by MSHA or the West Virginia Office of Miners' Health, Safety and Training, must be posted on the mine bulletin board within fifteen (15) days of receipt and must remain posted for thirty (30) days. The operator must provide a copy of the results to the authorized representative of the miners. 25.5.d.2. The mine operator must retain for five (5) 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.25.5.e. Records and Retention. The operator must make available to the Director or authorized representative any records required to be retained by MSHA under the DPM standard.W. Va. Code R. § 56-20-25