Final Rule May 18, 2006 DIESEL PARTICULATE MATTER EXPOSURE OF U/G MNM MINERS

Diesel Particulate Matter Exposure Of U/G MNM Miners vOverview of May 18, 2006 rule vDPM requirements in effect vDPM requirements not in effect vOther key DPM requirements vTC vs. EC

Elemental Carbon Cores (EC) Vapor Phase Hydrocarbons (OC) DPM Carbon Components

Elemental Carbon Cores (EC) Vapor Phase Hydrocarbons (OC) DPM Carbon Components

Hydrocarbons Adsorbed Onto Elemental Carbon Cores (OC + EC) OC + EC = TC 2001 Rule: Interim Limit = 400 TC µg/m 3 Final Limit 160 TC µg/m 3 Final Limit 160 TC µg/m 3 DPM Carbon Components

Elemental Carbon Cores (EC) Vapor Phase Hydrocarbons (OC) DPM Carbon Components EC=77% OC=23% 77% x 1.3 = 100% EC x 1.3 = TC 308 EC X 1.3 = 400 TC

May 18, 2006 Final Rule vPhases in final DPM PELs over two years l 308 EC µg/m 3 - effective May 20, 2006 l 350 TC µg/m 3 - effective January 20, 2007 l 160 TC µg/m 3 - effective May 20, 2008 v1 st step, 308 EC µg/m 3, is an EC limit v2 nd & 3 rd steps are TC limits vWill use 1.3 conversion factor for 350 TC µg/m 3 limit as we did under the Settlement Agreement and use EC to validate vMSHA will initiate separate rulemaking to convert 160 TC limits to comparable EC limits

May 18, 2006 Final Rule vDeletes provision restricting newer mines from applying for Special Extension vEffective August 16, Medical evaluation to determine miner's ability to wear a respirator and transfer of miners unable to wear a respirator

Respiratory Protection (New Provisions) vApplicable when respiratory protection is required vConfidential medical evaluation required to determine miner’s ability to use a respirator vMust conduct before fit testing or use at mine vNo cost to miner vEvaluation must be by physician or other licensed health care professional (PLHCP) vIf PLHCP determines miner is unable to wear negative pressure respirator, PLHCP must also evaluate miner’s ability to wear powered air purifying respirator (PAPR)

Respiratory Protection (New Provisions) vMine operator must insure miner has opportunity to discuss their evaluation results with the PLHCP before the PLHCP submits written determination on miner’s ability to wear respirator to the mine operator vIf miner disagrees with PLHCP’s evaluation results, the miner has 30 days to submit additional evidence regarding their medical condition to the PLHCP

Respiratory Protection (New Provisions) vMine operator must obtain written determination from PLHCP regarding miner’s ability to wear respirator vMine operator must assure that PLHCP provides copy of determination to miner vReevaluation required whenever mine operator has reason to believe conditions have changed which could adversely affect miner’s ability to wear respirator

Respiratory Protection (New Provisions) vUpon written notification that PLHCP has determined that miner is unable to wear respirator, miner must be transferred to work in existing position in area of same mine where respirator is not required vTransfer must be within 30 days of final determination by PLHCP

Respiratory Protection (New Provisions) vMiner must continue to receive compensation at no less than regular rate of pay in the classification held by the miner immediately prior to transfer vIncreases in wages of the transferred miner based on new work classification vMine operator must maintain records of identity of PLHCP and the most recent determination of each miner’s ability to wear respirator. Records must be kept for duration of miner’s employment + 6 months

DPM Provisions In Effect § (b)Final limit § (b)Final limit l 1 st phase, May 20, 2006, 308 EC ug/m 3 l 2nd phase, January 20, 2007, 350 TC μg/m 3 l 3rd phase, May 20, 2008, 160 TC μg/m 3 § (c)Special extensions § (c)Special extensions § (d)Controls and respiratory protection § (d)Controls and respiratory protection § (e)Rotation of miners § (e)Rotation of miners § Compliance determinations § Compliance determinations § Fueling practices § Fueling practices § Maintenance standards § Maintenance standards § Engines § Engines § Miner training § Miner training § Exposure monitoring § Exposure monitoring § Diesel particulate records § Diesel particulate records

DPM Provisions Not In Effect vAugust 16, 2006 – Medical evaluation of respirator wearers and transfer of miners unable to wear a respirator l Rulemaking to convert TC final limits to comparable EC limits

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