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Diesel Particulate Matter

The Mine Safety and Health Administration (MSHA) released a final rule limiting occupational exposure of Diesel Particulate Matter to underground metal/nonmetal miners on January 19, 2001. The regulation, “Diesel Particulate Matter Exposure of Underground Metal and Nonmetal Miners,” includes an interim worker permissible exposure limit (PEL) of 400 µg/m3, in effect now, and a PEL of 160 µg/m3, effective in 2006. Both exposure limits were originally assumed by MSHA to be attainable through feasible engineering controls and work practices. Among other provisions of the rule currently in effect are requirements for operators to use low sulfur fuel, provide engine maintenance by qualified mechanics, use only approved engines, permit employees to “tag” equipment for service, provide annual training, and conduct air sampling as often as necessary to evaluate DPM concentrations.

Underground miners must be protected from overexposure to diesel particulate matter (DPM). NSSGA supports a single, expedited rulemaking to promulgate changes in MSHA’s diesel rules, including adoption of the interim MSHA diesel exposure limit as the final limit. NSSGA also supports those parts of the rule currently in effect, and favors continued DPM research, especially on health effects, feasible controls, and exposure limits.

In part because the regulation was rushed out the door on the last day of the previous outgoing administration (January 19, 2001), mine operators have experienced a number of difficulties complying with this regulation.

  • Measurement of total carbon was used in the regulation as a surrogate for DPM, but other carbonaceous sources in a mine, including cigarette smoke, can cause false positive results.
  • MSHA’s position in support of diesel exhaust filter technology as a feasible method of compliance with the PEL is inconsistent with the position of diesel engine manufacturers. Their position is that many more years of research and development are needed before this technology can be widely applied to underground diesel equipment.
  • The care and time needed to adopt feasible engineering controls for DPM, particularly practical mine-worthy filter technology, is demonstrated by the problem of platinum-based catalysts. Acting on an MSHA recommendation to implement platinum-based catalysts, mine operators learned the catalysts could produce levels of nitrogen dioxide in excess of the MSHA standard. The agency was forced to issue an alert to the mining community about the problem.
  • MSHA failed to coordinate its regulation with those of other agencies, specifically EPA, which issued regulations in April 2003 to phase in requirements for ultra-low sulfur fuel and emission limits on off-road vehicles. The EPA rules don’t become fully effective for existing equipment until 2014.
  • MSHA’s rule prompted a number of industry lawsuits, which remain subject to interim partial settlement agreements. NSSGA supports a single, expedited rulemaking procedure to promulgate by early 2004 needed corrections to those parts of the MSHA rule yet to go into effect.
  • NSSGA supports all the provisions of the rule that currently are in effect.
  • NSSGA supports an MSHA rulemaking to change the measurement from total carbon as a surrogate for DPM to elemental carbon, which is subject to fewer confounding interferences.
  • NSSGA supports reasonable extensions of time without penalty to abate exposures over the standard limit for operators who demonstrate good faith in attempting to reduce DPM exposures.
  • EPA has stated that the research literature does not now support establishing specific occupational exposure limits for DPM. MSHA adopted its PEL with an inadequate scientific risk assessment; therefore, based upon existing data, the agency has no credible scientific basis to set the PEL below the interim limit. Ongoing studies by the National Institute for Occupational Safety and Health (NIOSH)/National Cancer Institute (NCI) and others, once completed, should inform selection of an appropriate PEL.
Recommended Actions
  • MSHA should immediately initiate a single, expedited rulemaking to adopt the needed changes outlined above, including a deletion of its 2006 PEL.
  • The Diesel Technology Partnership, of which NSSGA is a founding member, should continue to research feasible control technology.
  • Worker rotation should be allowed as an administrative control to comply with MSHA PELs to reduce DPM exposure below the interim PEL.
  • Paperwork requirements of the regulation are burdensome and should be scaled back to comply with Bush Administration’s mandates to minimize such requirements on small businesses.
  • Regardless of the lack of health effects data scientifically supporting a final MSHA PEL, all underground dieselized mines should implement the feasible recommendations contained in MSHA’s practical guide for reducing worker exposure below the interim PEL and continue to seek other feasible controls.



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