Diesel Particulate Matter Exposure of Underground Coal and Metal and Nonmetal Miners

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 57, 72 and 75

RIN 1219-AA74; 1219-AB11

Diesel Particulate Matter Exposure of Underground Coal and Metal

and Nonmetal Miners

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Proposed rules; extension of comment periods; availability of

studies; notice of hearings; close of record.

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SUMMARY: The Mine Safety and Health Administration (MSHA) is announcing

the extension of the public comment periods on its proposed rules

addressing diesel particulate matter exposure of underground coal

miners as published in the Federal Register on April 9, 1998, and for

underground metal and nonmetal miners published on October 29, 1998.

This document also announces the availability of three additional

studies applicable to both rulemakings addressing diesel particulate

matter exposure of underground coal and underground metal and nonmetal

miners. These studies supplement the evidence in both rulemaking

records regarding the risks to underground miners of serious health

hazards

[[Page 7145]]

associated with exposure to high concentrations of diesel particulate

matter. The Agency, therefore, intends to include these studies in both

rulemaking records and make them available to interested parties upon

request. These studies do not change the Agency's proposed findings.

The Agency is also announcing that it will hold public hearings on

its proposed rule addressing diesel particulate matter exposure in

underground metal and nonmetal mines in the following locations: Salt

Lake City, Utah; Albuquerque, New Mexico; St. Louis, Missouri; and

Knoxville, Tennessee.

DATES: Written comments on the three studies and on both proposed rules

must be submitted on or before April 30, 1999.

The hearing dates, times and specific locations will be announced

by a separate notice in the Federal Register. The rulemaking record for

the metal and nonmetal proposed rule will remain open 60 days after the

last public hearing.

ADDRESSES: Copies of the three studies are available to interested

members of the public and may be obtained from the Office of Standards,

Regulations and Variances, 703-235-1910.

Comments on the proposed rules may be transmitted by electronic

mail, fax, or mail. Comments by electronic mail must be clearly

identified as such and sent to this E-mail address: [email protected].

Comments by fax must be clearly identified as such and sent to: MSHA,

Office of Standards, Regulations, and Variances, 703-235-5551. Send

mail comments to: MSHA, Office of Standards, Regulations, and

Variances, Room 631, 4015 Wilson Boulevard, Arlington, VA 22203-1984.

Interested persons are encouraged to supplement written comments with

computer files or disks; please contact the Agency with any questions

about format.

FOR FURTHER INFORMATION CONTACT: Carol J. Jones, Acting Director;

Office of Standards, Regulations, and Variances; MSHA; 703-235-1910.

SUPPLEMENTARY INFORMATION: On April 9, 1998 (63 FR 17492) and October

29, 1998 (63 FR 58104), MSHA published proposed rules to reduce the

risks to underground coal and metal and nonmetal miners, respectively,

of serious health hazards that are associated with exposure to high

concentrations of diesel particulate matter (dpm). DPM is a very small

particle in diesel exhaust. Underground miners are exposed to far

higher concentrations of this fine particulate than any other group of

workers.

A. Cumulative Evidence

In its proposals, MSHA stated that the best available evidence

indicates that such high exposures put these miners at excess risk of a

variety of adverse health effects, including lung cancer. There is

clear evidence that exposure to high concentrations of dpm can result

in a variety of serious health effects. These health effects include:

(1) Sensory irritations and respiratory symptoms serious enough to

distract or disable miners; (2) death from cardiovascular,

cardiopulmonary, or respiratory causes; and (3) lung cancer.

The Agency has reviewed cumulative evidence to support its findings

that underground miners are at risk from exposure to dpm. MSHA intends

to supplement the rulemaking records with the following studies:

(1) Christie, D.G., et al., ``Mortality in the New South Wales

Coal Industry, 1973-1992,'' Medical Journal of Australia, 163(1):19-

21, July 3, 1995.

(2) Johnston, A.M., et al., ``Investigation of the Possible

Association Between Exposure to Diesel Exhaust Particulates in

British Coal Mines and Lung Cancer,'' Institute of Occupational

Medicine (IOM), Report TM/97/08, (Edinburgh, Scotland), November

1997.

(3) Steenland, Kyle, et al., ``Diesel Exhaust and Lung Cancer in

the Trucking Industry: Exposure-Response Analyses and Risk

Assessment,'' American Journal of Industrial Medicine, 34:220-228,

1998.

These studies are available and may be obtained by contacting the

Office of Standards, Regulations and Variances, 703-235-1910.

B. Diesel Particulate Matter Exposure of Underground Coal Miners

The post-hearing comment period for the proposed rule addressing

diesel particulate matter exposure of underground coal miners was

scheduled to close on February 16, 1999 (63 FR 55811). However, in

response to requests from the public to extend the post-hearing comment

period, and in order to give the public an opportunity to comment on

the three studies, the record for the coal proposed rule will remain

open until April 30, 1999. This provides a total of 12 months from date

of publication for the public to comment on the proposed rule.

C. Diesel Particulate Matter Exposure of Underground Metal and

Nonmetal Miners

The comment period for the proposed rule addressing diesel

particulate matter exposure of underground metal and nonmetal miners

was scheduled to close on February 26, 1999 (63 FR 58104). The Agency

has received several requests from the public for additional time to

prepare their comments on the proposed rule. Since the Agency also

intends to supplement the rulemaking record with three new studies, the

public comment period will be extended until April 30, 1999.

MSHA believes that extension of the comment periods for both

rulemakings will provide sufficient time for all interested parties to

review the studies and the proposed rules, and submit comments. All

interested members of the mining community are encouraged to submit

comments prior to April 30, 1999.

D. Public Hearings

MSHA plans to hold public hearings on the proposed rule addressing

diesel particulate matter exposure of underground metal and nonmetal

miners. The hearings will be held in Salt Lake City, Utah; Albuquerque,

New Mexico; St. Louis, Missouri; and Knoxville, Tennessee. The hearing

dates, times, and specific locations will be announced by a separate

document in the Federal Register. The hearings will be held under

Section 101 of the Federal Mine Safety and Health Act of 1977.

Dated: February 9, 1999.

Marvin W. Nichols, Jr.,

Deputy Assistant Secretary

for Mine Safety and Health.

[FR Doc. 99-3474 Filed 2-11-99; 8:45 am]

BILLING CODE 4510-43-U