Program Policy Manual - VOLUME V - Mine Safety and Health ...

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MSHA PROGRAM POLICY MANUAL VOLUME V Subpart B Dust Standards 70.100 Respirable Dust Standards (b) The 1.0 milligram standard for intake airways is applicable within 200 feet outby the working faces of each section. The 2.0 milligram standard identified in paragraph (a) of this section is applicable to the remaining parts of the intake airways. 70.101 Respirable Dust Standard When Quartz is Present The lowering of the respirable dust standard from 2.0 mg/m 3 due to excessive levels of quartz will normally be based on the combined average of operator and MSHA samples. However, if operators elect not to participate in the dust standard setting process, or operator sample(s) are either voided or not received in time, the standard will be based on the MSHA sample only or on the sample (either MSHA's or operator's) with the highest quartz percentage, in accordance with the technical procedures of the revised quartz program implemented December 1, 1985. The respirable dust samples will be processed against a reduced dust standard as follows: 1. If an entity is in bimonthly processing at the time a new standard is set, and at least one sample is received that was taken prior to or on the date that the operator was notified of the change (the date of the data mailer), all samples taken for that bimonthly cycle will be applied against the prior standard. If all samples are taken after the date of the data mailer, the new standard will apply. 2. When an operator has been requested to submit five additional samples and a new standard is established, if at least one sample is received that was taken prior to or on the date of the data mailer informing the operator of the new standard, all five samples will be applied against the prior standard. If all samples are taken after the date of the data mailer, the new standard will apply. 3. If the samples submitted for a request for five additional samples results in compliance and also split cycle processing, the applicable standard will be based on the same criteria as regular bimonthly samples. If at least one sample that will determine compliance for the next cycle is taken prior to or on the new standard effective date, the prior standard will apply. Otherwise, the new standard will apply. February 2003 (Release V-33) 11
MSHA PROGRAM POLICY MANUAL VOLUME V 4. If an entity is in citation processing when a new standard is set, the applicable standard will be based on the date the fifth valid sample of any set is taken. If the sample taken date is after the standard is set, the new standard will apply. Otherwise, the prior standard will apply. 5. If samples submitted to abate a citation result in split cycle processing, the standard applied to determine compliance for the citation will also apply to determine compliance for the next bimonthly cycle. February 2003 (Release V-33) 12
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