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it intends by that action to make sure that any policy that would broadly prohibit using one or another of these strategies would have to be the topic of latest rulemaking. Thus, for instance, any policy to significantly restrict the use of area sampling to sunflower to my son you are my sunshine your mom blanket implement compliance with this rule would have to be the subject of recent rulemaking motion, as the availability of that

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in impact at a mine, part. requires the mine operator to modify the current plan upon a subsequent violation of part., and to reveal the effectiveness of the modified plan. Recordkeeping retention and entry. Pursuant to section, a duplicate of the current dpm control plan is to be maintained on the mine site through the period of the plan and for one year thereafter. Section requires that verification sample outcomes be retained for years. And, section offers that each the management plan and sampling records verifying effectiveness be made available for evaluation, upon request, by the authorized representative of the Secretary, the Secretary of Health and Human Services, and or the authorized consultant of miners. Upon request of the District Manager or the licensed consultant of miners, a replica of these records is to be supplied by the operator. MSHA acknowledges considerations sunflower to my son you are my sunshine your mom blanket about the industrial availability of the sampling equipment for NIOSH Method. It is important that operators know whether or not they’re in compliance with the standard. MSHA understands that the equipment will be out there earlier than this standard is in effect. MSHA won’t use any tools for sampling for compliance with this commonplace that isn’t commercially available. If the tools just isn’t commercially available by the effective date of the usual it is MSHA’s intention not to enforce the dpm levels in the usual till the sampling equipment is available.

A dpm management plan would, nonetheless, have to fulfill certain necessities set forth in the final rule, and as famous within the preamble to the proposed rule, it would be a violation of § fifty seven. if MSHA determines that the operator has didn’t adequately address every of the plan’s required elements. No advance approval of plans required. § fifty seven. will keep the Agency’s metallic and nonmetal mine plan custom by not invoking a formal plan approval course of. That is, the plan would not require advance approval of the MSHA District Manager. As famous in the discussion of §. and, MSHA is requiring advance approval for an operator to obtain a special extension of as much as years to fulfill the final focus limit, and or to allow miners performing inspection, upkeep or repair work to conduct such activities in areas that exceed the concentration restrict. But a plan required as a result of the limit has been exceeded need not obtain such advance approval. Only a number of comments were directed specifically at § fifty seven.. Some of these have been supportive of the idea, such because the comment by one mine operator that, “Generally, the Diesel Particulate Matter Control Plan contained in §. is nicely conceived.” One commenter famous that once a plan is in place, failure to abide by its provisions is a citable violation, even when dpm levels are below the relevant focus restrict. Another commenter beneficial that somewhat than a single out-of-compliance pattern triggering the requirement to implement a plan, the provisions of § fifty seven. shouldn’t be triggered until there’s a important historical past of non-compliance with the restrict. Another commenter questioned why a willpower of non-compliance requires MSHA to obtain only one non-compliant sample, whereas proof of operator compliance each with respect to §. and §. requires multiple operator samples. A commenter additionally noticed that a single pattern just isn’t “statistically important or representative and cannot decide if the mine is out of compliance.” The same commenter argued that the requirements for documenting dpm management plan effectiveness had been unnecessary, burdensome, and duplicated different MSHA requirements. At the identical time, the Agency wishes to make it clear that in putting explicitly into the rule that the Agency can use any of the three strategies specified,

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