§ 57.5062 - Diesel particulate matter control plan.

Link to an amendment published at 70 FR 32966, June 6, 2005.

(a) In the event of a violation by the operator of an underground metal or nonmetal mine of the applicable concentration limit established by § 57.5060, the operator, in accordance with the requirements of this section, must—

(1) Establish a diesel particulate matter control plan for the mine if one is not already in effect, or modify the existing diesel particulate matter control plan, and

(2) Demonstrate that the new or modified diesel particulate matter control plan controls the concentration of diesel particulate matter to the applicable concentration limit specified in § 57.5060.

(b) A diesel particulate control plan must describe the controls the operator will utilize to maintain the concentration of diesel particulate matter to the applicable limit specified by § 57.5060. The plan also must include a list of diesel-powered units maintained by the mine operator, information about any unit's emission control device, and the parameters of any other methods used to control the concentration of diesel particulate matter. The operator may consolidate the plan with the ventilation plan required by § 57.8520. The operator must retain a copy of the current diesel particulate matter control plan at the mine site during its duration and for one year thereafter.

(c) An operator must demonstrate plan effectiveness by monitoring, using the measurement method specified by § 57.5061(b), sufficient to verify that the plan will control the concentration of diesel particulate matter to the applicable limit under conditions that can be reasonably anticipated in the mine. The operator must retain a copy of each verification sample result at the mine site for five years. The operator monitoring must be in addition to, and not in lieu of, any sampling by the Secretary pursuant to § 57.5061.

(d) The records required by paragraphs (b) and (c) of this section must be available for review upon request by the authorized representative of the Secretary, the authorized representative of the Secretary of Health and Human Services, or the authorized representative of miners. In addition, upon request by the District Manager or the authorized representative of miners, the operator must provide a copy of any records required to be maintained pursuant to paragraph (b) or (c) of this section.

(e)(1) A control plan established as a result of this section must remain in effect for 3 years from the date of the violation which caused it to be established, except as provided in paragraph (e)(3) of this section.

(2) A modified control plan established as a result of this section must remain in effect for 3 years from the date of the violation which caused the plan to be modified, except as provided in paragraph (e)(3) of this section.

(3) An operator must modify a diesel particulate matter control plan during its duration as required to reflect changes in mining equipment or circumstances. Upon request from the Secretary, an operator must demonstrate the effectiveness of the modified plan by monitoring, using the measurement method specified by § 57.5061, sufficient to verify that the plan will control the concentration of diesel particulate matter to the applicable limit under conditions that can be reasonably anticipated in the mine.

(f) The Secretary will consider an operator's failure to comply with the provisions of the diesel particulate matter control plan in effect at a mine or to conduct required verification sampling to be a violation of this part without regard for the concentration of diesel particulate matter that may be present at any time.

Effective Date Note:

At 70 FR 32966, June 6, 2005, § 57.5062 was removed, effective July 6, 2005.