Rock dust standards

(a) Standards Section 304(d) (30 U.S.C. 864(d)) is amended— (1) by striking Where rock and inserting the following: Rock dust.— (1) In general Where rock; (2) by striking 65 per centum and all that follows through the period and inserting 80 percent. Where methane is present in any ventilating current, the percentage of incombustible content of such combined dusts shall be increased 0.4 percent for each 0.1 percent of methane.; and (3) by adding at the end the following: (2) Methods of measurement (A) In general Each operator of an underground coal mine shall take accurate and representative samples that shall measure the total incombustible content of combined coal dust, rock dust, and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust. (B) Direct reading monitors In order to ensure timely assessment and compliance, the Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2026, require operators to measure total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust, using direct reading monitors that the Secretary has approved for use in an underground coal mine, such as coal dust explosibility monitors. (C) Regulations The Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2026, promulgate an interim final rule that prescribes methods for operator sampling of total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust using direct reading monitors and includes requirements for locations, methods, and intervals for mandatory operator sampling. (D) Recommendations Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2026, the Secretary of Health and Human Services shall, based upon the latest research, recommend to the Secretary of Labor any revisions to the mandatory operator sampling locations, methods, and intervals included in the interim final rule described in subparagraph (C) that may be warranted in light of such research. (3) Limitation Until a final rule is issued by the Secretary under paragraph (4)(B), any measurement taken by a direct reading monitor described in paragraph (2)(B) shall not be admissible to establish a violation in an enforcement action under this Act. (4) Report and rulemaking authority (A) Report Not later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2026, the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall prepare and submit, to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report— (i) regarding whether any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the Secretary of Labor under this Act, and whether additional improvement to such direct reading monitor, or additional verification regarding reliability and accuracy, would be needed for enforcement purposes; and (ii) identifying any limitations or impediments for such use in underground coal mines. (B) Authority If the Secretary determines, following a report under subparagraph (A) (or an update to such report), that any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of mandatory health or safety standards under this Act, the Secretary shall, after the submission of such report or update, promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance with, and enforcement of, such standards and authorizing the use of other methods for determining total incombustible content. Such final rule shall specify mandatory operator sampling locations, methods, and intervals.. (b) Rock dust recordkeeping Section 304 is further amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: (e) Rock dust recordkeeping The operator of each coal mine shall maintain and continuously update a record of the amount of rock dust purchased for each such mine.; and (3) in subsection (f) (as so redesignated), by striking Subsection (b) through (d) and inserting Subsections (b) through (e).