MSHA?s DPM rule for metal and nonmetal mines

In its 2001 diesel particulate matter (DPM) rule for metal and nonmetal underground mines, MSHA established an interim concentration limit of 400 micrograms of total carbon (TC) per cubic meter of air (400TCµg/m3), and a final concentration limit of 160TCµg/m3, to be phased in over five years. Following a court challenge to the 2001 rule, MSHA, industry and organized labor reached a partial settlement of the litigation under which the agency agreed to issue a proposal to amend the 2001 rule by, among other things, changing the surrogate from TC to elemental carbon (EC), applying MSHA's traditional hierarchy of controls, and revising requirements for one-year special extensions for complying with the final DPM exposure limit. MSHA issued a final rule in 2005 converting the interim concentration limit from 400TCµg/m3 to 308 micrograms of EC per cubic meter of air (308ECµg/m3) based on a miner?s personal exposure. Pending further rulemaking, MSHA retained the final concentration limit of 160TCµg/m3. In May 2006, MSHA issued a final rule that clarified that the final limit of 160TCµg/m3 would be based on a miner?s personal exposure rather than as a concentration limit. The 2006 rule also phased in the final DPM limit in three steps over two years, beginning in May 2006 at 308ECµg/m3, followed eight months later in January 2007 with a limit of 350TCµg/m3, and finally reaching 160TCµg/m3 in May 2008. Also in the 2006 rule, MSHA committed to converting the 160TCµg/m3 limit to an EC limit in future rulemaking. This paper reviews the DPM exposure limits in the context of the MSHA rulemakings and discusses the DPM engineering controls that were utilized by mine operators to attain compliance with each progressively lower limit.