71.301—Respirable dust control plan; approval by District Manager and posting.
(a)
The District Manager will approve respirable dust control plans on a mine-by-mine basis. When approving respirable dust control plans, the District Manager shall consider whether:
(1)
The respirable dust control measures would be likely to maintain compliance with the respirable dust standard; and
(2)
The operator's compliance with all provisions of the respirable dust control plan could be objectively ascertained by MSHA.
(b)
MSHA may take respirable dust samples to determine whether the respirable dust control measures in the operator's plan effectively maintain compliance with the respirable dust standard.
(c)
The operator shall comply with all provisions of each respirable dust control plan upon notice from MSHA that the respirable dust control plan is approved.
(d)
The operator shall post on the mine bulletin board a copy of each current respirable dust control plan approved by the District Manager.
(e)
The operator may review respirable dust control plans and submit proposed revisions to such plans to the District Manager for approval.