30 C.F.R. § 75.370

Mine ventilation plan; submission and approval

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(a)(1) The operator shall develop and follow a ventilation plan approved by the district manager. The plan shall be designed to control methane and respirable dust and shall be suitable to the conditions and mining system at the mine. The ventilation plan shall consist of two parts, the plan content as prescribed in § 75.371 and the ventilation map with information as prescribed in § 75.372. Only that portion of the map which contains information required under § 75.371 will be subject to approval by the district manager.

(2) The proposed ventilation plan and any revision to the plan shall be submitted in writing to the district manager. When revisions to a ventilation plan are proposed, only the revised pages, maps, or sketches of the plan need to be submitted. When required in writing by the district manager, the operator shall submit a fully revised plan by consolidating the plan and all revisions in an orderly manner and by deleting all outdated material.

(3) (i) The mine operator shall notify the representative of miners at least 5 days prior to submission of a mine ventilation plan and any revision to a mine ventilation plan. If requested, the mine operator shall provide a copy to the representative of miners at the time of notification. In the event of a situation requiring immediate action on a plan revision, notification of the revision shall be given, and if requested, a copy of the revision shall be provided, to the representative of miners by the operator at the time of submittal;

(ii) A copy of the proposed ventilation plan, and a copy of any proposed revision, submitted for approval shall be made available for inspection by the representative of miners; and

(iii) A copy of the proposed ventilation plan, and a copy of any proposed revision, submitted for approval shall be posted on the mine bulletin board at the time of submittal. The proposed plan or proposed revision shall remain posted until it is approved, withdrawn or denied.

(b) Following receipt of the proposed plan or proposed revision, the representative of miners may submit timely comments to the district manager, in writing, for consideration during the review process. A copy of these comments shall also be provided to the operator by the district manager upon request.

(c) (1) The district manager will notify the operator in writing of the approval or denial of approval of a proposed ventilation plan or proposed revision. A copy of this notification will be sent to the representative of miners by the district manager.

(2) If the district manager denies approval of a proposed plan or revision, the deficiencies of the plan or revision shall be specified in writing and the operator will be provided an opportunity to discuss the deficiencies with the district manager.

(d) No proposed ventilation plan shall be implemented before it is approved by the district manager. Any intentional change to the ventilation system that alters the main air current or any split of the main air current in a manner that could materially affect the safety and health of the miners, or any change to the information required in § 75.371 shall be submitted to and approved by the district manager before implementation.

(e) Before implementing an approved ventilation plan or a revision to a ventilation plan, persons affected by the revision shall be instructed by the operator in its provisions.

(f) The approved ventilation plan and any revisions shall be—

(1) Provided upon request to the representative of miners by the operator following notification of approval;

(2) Made available for inspection by the representative of miners; and

(3) Posted on the mine bulletin board within 1 working day following notification of approval. The approved plan and revisions shall remain posted on the bulletin board for the period that they are in effect.

(g) The ventilation plan for each mine shall be reviewed every 6 months by an authorized representative of the Secretary to assure that it is suitable to current conditions in the mine.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1997–2021 · leading case: Peabody Twentymile Mining v. Sec'y of Labor, 931 F.3d 992 (10th Cir. 2019).

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Peabody Twentymile Mining v. Sec'y of Labor, 931 F.3d 992 (10th Cir. 2019). · cites it 11× “(citing 30 C.F.R. § 75.370 (a)). Here, the relevant regulation, 30 C.”

Plateau Mining Corp. v. Fed. Mine Saf. & Health Review Comm'n, 519 F.3d 1176 (10th Cir. 2008). · cites it 3× “See 30 C.F.R. § 75.370 (a). After approval any major change to the plan must be approved by MSHA, see 30 C.”

Sec'y of Labor v. Knight Hawk Coal, LLC, 991 F.3d 1297 (D.C. Cir. 2021). · cites it 2× “§ 863 (o); see also 30 C.F.R. § 75.370 (a)(1) (“The operator shall develop and follow a ventilation plan approved by the district manager.”

Left Fork Mining Co., Inc. v. Irving Hooker, 775 F.3d 768 (6th Cir. 2014). “The Mine Act authorizes the Secretary of Labor to promulgate mandatory health and safety regulations for all mines ( 30 C.F.R. § 75.370 et seq.). The Federal Mine Safety and Health Administration (“MSHA”), a division of the Department of Labor (“DOL”), acts on behalf of the…”

Cumberland Coal Resources, LP v. Fed. Mine Saf. & Health Review Comm'n, 515 F.3d 247 (3rd Cir. 2008). “Pursuant to 30 C.F.R. § 75.370 (a)(1), a mine operator must submit a ventilation plan to MSHA for approval before beginning to mine.”

Prairie State Generating Com. v. Sec'y of Labor, 792 F.3d 82 (D.C. Cir. 2015). “30 C.F.R. § 75.370 (a)(3), (b). The district manager evaluates the operator’s proposed plans (and miners’ comments) in accordance with the Secretary’s policy judgment, and in light of information about the prospective site and the agency’s accumulated knowledge and experience.”

Nat'l Mining Ass'n v. Mine Saf. & Health Admin., 116 F.3d 520 (D.C. Cir. 1997). · cites it 2× “shall be submitted to and approved by the district manager before implementation.”

Prairie State Generating Com. v. Sec'y of Labor (D.C. Cir. 2015). “30 C.F.R. § 75.370 (a)(3), (b). The district manager evaluates the operator’s proposed plans (and miners’ comments) in accordance with the Secretary’s policy judgment, and in light of information about the prospective site and the agency’s accumulated knowledge and experience.”

Cumberland Coal Res v. Sec'y of Labor (3rd Cir. 2008). “Pursuant to 30 C.F.R. § 75.370 (a)(1), a mine operator must submit a ventilation plan to MSHA for approval before beginning to mine.”

— 30 C.F.R. § 75.370(a)(2) — 1 case

Plateau Mining Corp. v. Fed. Mine Saf. & Health Review Comm'n, 519 F.3d 1176 (10th Cir. 2008). “See 30 C.F.R. § 75.370 (a). After approval any major change to the plan must be approved by MSHA, see 30 C.”

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