PRINTER'S NO. 3921
No. 2828 Session of 1996
INTRODUCED BY S. H. SMITH, DeWEESE, WOZNIAK, PETTIT, FARGO,
STAIRS, GEIST, PESCI, HALUSKA, DALEY AND COLAIZZO,
JUNE 28, 1996
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 28, 1996
AN ACT
1 Amending the act of July 17, 1961 (P.L.659, No.339), entitled
2 "An act relating to bituminous coal mines; amending,
3 revising, consolidating and changing the laws relating
4 thereto; providing for the health and safety of persons
5 employed in and about the bituminous coal mines of
6 Pennsylvania and for the protection and preservation of
7 property connected therewith; prescribing powers and duties
8 in connection therewith; prescribing penalties; and repealing
9 existing laws," providing standards and procedures for the
10 use and maintenance of diesel-powered equipment; establishing
11 the Technical Advisory Committee on Diesel-Powered Equipment;
12 providing for the committee's powers and duties; creating a
13 fund; and making editorial changes.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 103(13), (14) and (15) of the act of July
17 17, 1961 (P.L.659, No.339), known as the Pennsylvania Bituminous
18 Coal Mine Act, are amended and the section is amended by adding
19 clauses to read:
20 Section 103. Definitions.--Subject to additional definitions
21 contained in the subsequent articles, or sections hereof, and
22 unless the context otherwise requires in this act, the following
1 words and terms shall have these meanings:
2 * * *
3 (13) "Department"--The Department of [Mines and Mineral
4 Industries organized and operating in the Commonwealth of
5 Pennsylvania] Environmental Protection of the Commonwealth,
6 hereinafter referred to as the department.
7 (14) "Secretary [of Mines and Mineral Industries]"--The
8 [head of the Department of Mines and Mineral Industries
9 appointed and commissioned by the Governor] Secretary of
10 Environmental Protection of the Commonwealth or his designee
11 hereinafter referred to as the secretary.
12 (15) "Deputy [Secretary of Mines and Mineral Industries]
13 secretary"--A person appointed by the secretary, with approval
14 of the Governor, to assist and aid the secretary in carrying out
15 the provisions of this act, hereinafter referred to as the
16 deputy secretary.
17 * * *
18 (28) "MSHA"--The Mine Safety and Health Administration
19 within the United States Department of Labor.
20 (29) "DPEP"--Diesel-powered equipment package.
21 (30) "Advisory committee"--The Technical Advisory Committee
22 on Diesel-Powered Equipment established in section 224-A.
23 Section 2. Sections 104(a), 109(b) and (d) and 113 of the
24 act are amended to read:
25 Section 104. The Secretary and the Deputy Secretary.--(a) It
26 shall be the duty of the secretary to [devote the whole of his
27 time to duties of his office, and to] see that the mining laws
28 of the Commonwealth are faithfully executed. The secretary shall
29 appoint, with the approval of the Governor, a deputy secretary
30 [for the bituminous division] to assist with his duties. The
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1 secretary and the deputy secretary are hereby invested with the
2 same power and authority as the inspectors to enter and examine
3 any mine within the Commonwealth, and the works and machinery
4 connected therewith, and to give such aid and instruction to the
5 inspectors from time to time as they may deem best calculated to
6 protect the health and promote the safety of all persons
7 employed in and about the mines.
8 * * *
9 Section 109. Bituminous Mine Inspectors' and Electrical
10 Inspectors' Examining Board.--* * *
11 (b) The [Secretary of Mines and Mineral Industries]
12 secretary shall be the chairman of the examining board. The
13 chairman of the examining board shall select a secretary who
14 need not be a member of the examining board.
15 * * *
16 (d) The secretary of the examining board and each member of
17 the examining board (other than the [Secretary of Mines and
18 Mineral Industries] secretary) shall receive thirty dollars
19 ($30) per diem while actively engaged in the performance of the
20 work of the examining board. The [Secretary of Mines and Mineral
21 Industries] secretary shall have the right to determine, from
22 time to time, the maximum number of days for which the members
23 of the examining board and its secretary shall receive
24 compensation. The members of the examining board and its
25 secretary shall receive traveling expenses at the prevailing
26 rate from their home to the place of the meeting of the
27 examining board and returning therefrom, and such other
28 necessary traveling expenses as may be incurred in connection
29 with the work of the examining board.
30 * * *
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1 Section 113. Electrical Inspector; Expenses.--Each
2 electrical inspector may also incur traveling expenses, and such
3 other expenses as may be necessary for the proper discharge of
4 his duties under the provisions of this act. The secretary,
5 through the Department of [Property and Supplies] General
6 Services, shall purchase for the electrical inspectors such
7 instruments and equipment as he deems necessary to assist them
8 in carrying out the duties imposed upon them by this act.
9 Section 3. Section 123 of the act, amended December 21, 1973
10 (P.L.436, No.154), is amended to read:
11 Section 123. Discretionary Power of Mine Inspectors.--The
12 mine inspector shall exercise sound discretion in the
13 performance of his duties under the provisions of this act, and
14 if the operator, superintendent, mine foreman, or other person
15 employed in or about any mine, shall be dissatisfied with any
16 decision the mine inspector has given in the discharge of his
17 duties, which decision shall be in writing, it shall be the duty
18 of the dissatisfied person to appeal from said decision to the
19 secretary, who shall at once appoint a commission to accompany
20 promptly the mine inspector in the district to make further
21 examination into the matter in dispute. If the said commission
22 shall agree with the decision of the mine inspector in the
23 district, their decision shall be final and conclusive, unless
24 an appeal is taken in accordance with the provisions of [the act
25 of June 4, 1945 (P.L.1388, No.442), known as the "Administrative
26 Agency Law."] 2 Pa.C.S. (relating to administrative law and
27 procedure).
28 Section 4. Section 126(b) of the act is amended to read:
29 Section 126. Mine Rescue Station; Equipment; Instructors.--*
30 * *
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1 (b) The secretary, with the consent of the Governor, shall
2 have the authority to purchase, through the Department of
3 [Property and Supplies] General Services, two trucks equipped
4 with the necessary breathing apparatus, gas masks, first-aid
5 supplies, analytical apparatus and such other chemical and
6 scientific instruments commonly used and necessary in the work
7 of first aid and mine rescue. The secretary, with the consent of
8 the Governor, shall also have the authority to purchase, through
9 the Department of [Property and Supplies] General Services, such
10 emergency mine rescue trucks and equipment, as in his opinion
11 shall be deemed necessary, for use in mine catastrophies.
12 * * *
13 Section 5. Section 242(c) of the act, amended November 24,
14 1967 (P.L.544, No.266), is amended to read:
15 Section 242. Ventilation Requirements.--* * *
16 (c) Where belt conveyors are installed, main stoppings and
17 regulators shall be so arranged as to reduce the quantity of air
18 traveling in the belt conveyor entry to a minimum for effective
19 ventilation and to provide an intake air split as an escapeway
20 from the face area to the main air current.
21 This provision does not apply to approved mobile belt
22 conveyors when such are considered part of the equipment
23 required for face mining operations, provided doors are
24 installed in all stoppings between the two belt conveyor entries
25 to provide an escapeway in cases of fire, smoke, or any other
26 emergency, providing the application submitted by the operator
27 has the approval of a Commission of Mine Inspectors designated
28 by the [Secretary of Mines and Mineral Industries.] secretary.
29 * * *
30 Section 6. Section 269(b) of the act is amended to read:
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1 Section 269. Underground Equipment; Use and Maintenance.--*
2 * *
3 (b) Underground equipment powered by internal combustion
4 engines using petroleum products, alcohol, or any other compound
5 shall not be used in a coal mine unless such equipment has been
6 approved by the secretary for underground use in bituminous coal
7 mines[.] and the equipment is operated and maintained in
8 compliance with Article II-A.
9 * * *
10 Section 7. The act is amended by adding an article to read:
11 ARTICLE II-A.
12 DIESEL-POWERED EQUIPMENT
13 Section 201-A. Underground Use.--(a) Underground use of
14 inby and outby diesel-powered equipment, including mobile
15 equipment, stationary equipment and equipment of all horsepower
16 ratings, may only be approved, operated and maintained as
17 provided in this article, except for emergency firefighting
18 equipment to be used specifically for that purpose.
19 (b) All diesel-powered equipment shall be attended while in
20 operation with the engine running in underground mines. For
21 purposes of this paragraph, "attended" shall mean an equipment
22 operator is within sight or sound of the diesel-powered
23 equipment.
24 (c) Inby and outby diesel-powered equipment may be used in
25 underground mines if the inby or outby diesel-powered equipment
26 uses an engine approved or certified by MSHA, as applicable, for
27 inby or outby use that, when tested at the maximum fuel-air
28 ratio, does not require an MSHA approval plate ventilation rate
29 exceeding 150 c.f.m. per rated horsepower.
30 Section 202-A. Diesel-Powered Equipment Package.--(a) All
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1 diesel-powered equipment shall be approved by the department as
2 a complete diesel-powered equipment package which shall be
3 subject to all of the requirements, standards and procedures set
4 forth in this article.
5 (b) Diesel engines shall be certified or approved, as
6 applicable, by MSHA and maintained in accordance with MSHA
7 certification or approval and department approval.
8 Section 203-A. Exhaust Emissions Control.--(a) (1)
9 Underground diesel-powered equipment shall include an exhaust
10 emissions control and conditioning system that has been
11 laboratory tested with the diesel engine, except as provided in
12 paragraph (3), using the ISO 8178-1 mode steady state test cycle
13 and has resulted in diesel particulate matter emissions that do
14 not exceed an average concentration of 0.12 mg over m to the
15 third power when diluted by fifty per cent of the MSHA approval
16 plate ventilation rate for that diesel engine.
17 (2) The exhaust emissions control and conditioning system
18 shall be required to successfully complete a single series of
19 laboratory tests conducted at a laboratory accepted by the
20 secretary for each diesel engine, except as provided in
21 paragraph (3).
22 (3) An exhaust emissions control and conditioning system may
23 be approved for multiple diesel engine applications through a
24 single series of laboratory tests, known as the ISO 8178-1 mode
25 steady test cycle, only if data is provided to the advisory
26 committee that reliably verifies that the exhaust emissions
27 control and conditioning system will meet, for each diesel
28 engine, the in-laboratory diesel particulate matter standard
29 established by this subsection. Data provided to satisfy this
30 provision shall include diesel particulate matter production
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1 rates for the specified engine as measured during the ISO 8178-1
2 mode steady state test cycle, if available. If ISO 8178-1 mode
3 steady state test cycle diesel particulate matter production
4 rate data is not available for a specified engine, comparable
5 data may be provided to the advisory committee that reliably
6 verifies that the exhaust emissions control and conditioning
7 system will meet, for the specified diesel engine, the in-
8 laboratory diesel particulate matter standard established by
9 this subsection. This standard shall only be used for in-
10 laboratory testing for approval of diesel-powered equipment for
11 use underground.
12 (b) The exhaust emissions control and conditioning system
13 shall include the following:
14 (1) A Diesel Particulate Matter (DPM) filter capable of an
15 average of ninety-five per cent or greater reduction of DPM
16 emissions.
17 (2) An oxidation catalyst or other gaseous emissions control
18 device capable of reducing undiluted carbon monoxide emissions
19 to 100 ppm or less under all conditions of operation at normal
20 engine operating temperature range.
21 (3) An engine surface temperature control capable of
22 maintaining significant external surface temperatures below
23 three hundred two degrees Fahrenheit.
24 (4) A heat exchanger capable of reducing the exhaust gas
25 temperature below three hundred two degrees Fahrenheit.
26 (5) An automatic engine shutdown system that will shut off
27 the engine before the exhaust gas temperature reaches three
28 hundred two degrees Fahrenheit, and, if waterjacketed components
29 are used, before the engine coolant temperature reaches two
30 hundred twelve degrees Fahrenheit. A warning shall be provided
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1 to alert the equipment operator prior to engine shutdown.
2 (6) A spark arrestor system.
3 (7) A flame arrestor system.
4 (8) A sampling port for measurement of undiluted and
5 untreated exhaust gases as they leave the engine.
6 (9) A sampling port for measurement of treated, undiluted
7 exhaust gases before they enter the mine atmosphere.
8 (10) For inby diesel equipment, any additional requirements
9 of MSHA regulations at 30 CFR Pt. 36 (relating to mobile diesel-
10 powered transportation equipment for gassy noncoal mines and
11 tunnels).
12 (c) On-board engine performance and maintenance diagnostics
13 systems shall be capable of continuously monitoring and giving
14 read-outs for clauses (1), (2), (3), (4), (5), (6), (7) and (8)
15 of this subsection. The diagnostics system shall identify levels
16 that exceed the engine and/or component manufacturer's
17 recommendation or the applicable MSHA or bureau requirements as
18 to the following:
19 (1) Engine speed.
20 (2) Operating hour meter.
21 (3) Total intake restriction.
22 (4) Total exhaust back pressure.
23 (5) Cooled exhaust gas temperature.
24 (6) Coolant temperature.
25 (7) Engine oil pressure.
26 (8) Engine oil temperature.
27 (d) The DPEP shall include a quality control plan for
28 assuring that the diesel fuel used shall be a low volatile
29 hydrocarbon fuel classified as ASTM D975 fuel with a cetane
30 index of at least 45, a maximum aromatic content of thirty-five
19960H2828B3921 - 9 -
1 per cent, a sulfur mass of less than five hundredths of one per
2 cent and a flash point of one hundred degrees Fahrenheit or
3 greater at standard temperature and pressure.
4 Section 204-A. Ventilation.--(a) Minimum quantities of
5 ventilating air where diesel-powered equipment is operated shall
6 be maintained pursuant to this section.
7 (b) Each specific model of diesel-powered equipment shall be
8 approved by the department before it is taken underground. The
9 department shall require an approval plate that must be attached
10 to each piece of the diesel-powered equipment. The approval
11 plate shall specify the minimum ventilating air quantity for the
12 specific piece of diesel-powered equipment. The minimum
13 ventilating air quantity shall be determined by the bureau based
14 on the amount of air necessary at all times to maintain the
15 exhaust emissions at levels not exceeding the exposure limits
16 established in section 219-A.
17 (c) The minimum quantities of air in any split where any
18 individual unit of diesel-powered equipment is being operated
19 shall be at least that specified on the approval plate for that
20 equipment. Air quantity measurements to determine compliance
21 with this requirement shall be made at the individual unit of
22 diesel-powered equipment.
23 (d) Where multiple units are operated, the minimum quantity
24 shall be at least one hundred per cent of the highest approval
25 plate air quantity plus seventy-five per cent of the next
26 highest quantity plus fifty per cent of the approval plate
27 quantity of each additional unit operating in that split. Air
28 quantity measurements to determine compliance with this
29 requirement shall be made at the most downwind unit of diesel-
30 powered equipment that is being operated in that air split.
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1 (e) The minimum quantities of air in any split where any
2 diesel-powered equipment is operated shall be in accordance with
3 the minimum air quantities required in subsections (a) and (b)
4 and shall be specified in the mine ventilation plan.
5 Section 205-A. Fuel Storage Facilities.--(a) A mobile
6 underground diesel fuel storage facility shall be any facility
7 designed and constructed to provide for the temporary storage of
8 diesel fuel transportation units or the dispensing of diesel
9 fuel.
10 (b) Diesel-powered equipment shall be used underground only
11 with low volatile hydrocarbon fuel classified as ASTM D975
12 diesel fuel with a cetane index of at least 45, a maximum
13 aromatic content of thirty-five per cent, a sulfur mass of less
14 than five hundredths of one per cent and a flash point of one
15 hundred degrees Fahrenheit or greater at standard temperature
16 and pressure.
17 (c) Underground diesel fuel storage facilities shall meet
18 the following general requirements:
19 (1) Fixed underground diesel fuel storage facilities are
20 prohibited.
21 (2) No more than five hundred gallons of diesel fuel shall
22 be stored in each mobile underground diesel fuel storage
23 facility.
24 (d) Mobile underground diesel fuel storage facilities shall
25 be located as follows:
26 (1) at least one hundred feet from shafts, slopes, shops and
27 explosives magazines;
28 (2) at least twenty-five feet from trolley wires, haulage
29 ways, power cables and electric equipment not necessary for the
30 operation of the storage facilities; and
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1 (3) in an area that is as dry as practicable.
2 (e) (1) Mobile underground diesel fuel storage facilities
3 shall meet the construction requirements and safety precautions
4 enumerated in this subsection.
5 (2) Mobile underground diesel fuel storage facilities shall
6 meet all of the following:
7 (i) Be constructed of noncombustible materials and provided
8 with a means for automatic enclosure.
9 (ii) Be ventilated directly into the return air course using
10 noncombustible materials.
11 (iii) Be equipped with an automatic fire suppression system
12 complying with section 209-A.
13 (iv) Be equipped with at least two portable twenty-pound
14 multipurpose dry chemical type fire extinguishers.
15 (v) Be marked with conspicuous signs designating combustible
16 liquid storage.
17 (vi) Be included in the pre-shift examination.
18 (3) Welding or cutting other than that performed in
19 accordance with paragraph (4) shall not be done within fifty
20 feet of a diesel fuel storage facility.
21 (4) When it is necessary to weld, cut or solder pipelines,
22 cylinders, tanks or containers that may have contained diesel
23 fuel, the following requirements shall apply:
24 (i) Cutting or welding shall not be performed on or within
25 containers or tanks that have contained combustible or flammable
26 materials until such containers or tanks have been thoroughly
27 purged and cleaned or inerted and a vent or opening is provided
28 to allow for sufficient release of any buildup pressure before
29 heat is applied.
30 (ii) Diesel fuel shall not be allowed to enter pipelines or
19960H2828B3921 - 12 -
1 containers that have been welded, soldered, brazed or cut until
2 the metal has cooled to ambient temperature.
3 Section 206-A. Transfer of Diesel Fuel.--(a) Diesel fuel
4 shall be transferred as provided in this section.
5 (b) When diesel fuel is transferred by means of a pump and a
6 hose equipped with a nozzle containing a self-closing valve, a
7 powered pump may be used only if:
8 (1) the hose is equipped with a nozzle containing a self-
9 closing valve without a latch-open device; and
10 (2) the pump is equipped with an accessible emergency
11 shutoff switch.
12 (c) Diesel fuel shall not be transferred using compressed
13 gas.
14 (d) Diesel fuel shall not be transferred to the fuel tank of
15 diesel-powered equipment while the equipment's engine is
16 running.
17 (e) Diesel fuel piping systems shall be designed and
18 operated as dry systems.
19 (f) All piping, valves and fittings shall meet the
20 following:
21 (1) Be capable of withstanding working pressures and
22 stresses.
23 (2) Be capable of withstanding four times the static
24 pressures.
25 (3) Be compatible with diesel fuel.
26 (4) Be maintained in a manner that prevents leakage.
27 (g) Vertical pipelines shall have manual shutoff valves
28 installed at the surface filling point and at the underground
29 discharge point.
30 (h) Unburied diesel fuel pipelines shall not exceed three
19960H2828B3921 - 13 -
1 hundred feet in length and shall have shutoff valves located at
2 each end of the unburied pipeline.
3 (i) Horizontal pipelines shall not be used to distribute
4 fuel throughout the mine.
5 (j) Diesel fuel piping systems shall be used only to
6 transport fuel from the surface directly to a single underground
7 diesel fuel transfer point.
8 (k) When boreholes are used, the diesel fuel piping system
9 shall not be located in a borehole with electric power cables.
10 (l) Diesel fuel pipelines located in any shaft shall be
11 included as part of the required examination of the shaft.
12 (m) Diesel fuel piping systems located in entries shall not
13 be located on the same side of the entry as electric cables or
14 power lines.
15 (n) Diesel fuel pipelines shall not be located in any
16 trolley-haulage entry except that they may cross the entry,
17 perpendicular, if buried or otherwise protected from damage and
18 sealed.
19 (o) Diesel fuel piping systems shall be protected to prevent
20 physical damage.
21 Section 207-A. Containers.--(a) Containers for the
22 transport of diesel fuel shall meet the requirements of this
23 section.
24 (b) Diesel fuel shall be transported only in containers
25 specifically designed for the transport of diesel fuel.
26 (c) No more than one safety can, conspicuously marked, shall
27 be transported on a vehicle at any time.
28 (d) Containers other than safety cans used to transport
29 diesel fuel shall be provided with the following:
30 (1) Devices for venting.
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1 (2) Self-closing caps.
2 (3) Vent pipes at least as large as the fill or withdrawal
3 connection, whichever is larger, but not less than one and one-
4 fourth inch nominal inside diameter.
5 (4) Liquid tight connections for all container openings that
6 are identified by conspicuous markings and closed when not in
7 use.
8 (5) Shutoff valves located within one inch of the tank shell
9 on each connection through which liquid can normally flow.
10 (e) When tanks are provided with openings for manual
11 gauging, liquid tight caps or covers shall be provided and shall
12 be kept closed when not open for gauging.
13 (f) Containers used for the transport of diesel fuel shall
14 not exceed a capacity of five hundred gallons.
15 (g) Containers, other than safety cans, used for the
16 transport of diesel fuel shall be permanently fixed to the
17 transportation unit.
18 (h) Diesel fuel transportation units shall be transported
19 individually and not with any other cars, except that two diesel
20 fuel transportation units up to a maximum of five hundred
21 gallons each may be transported together.
22 (i) Diesel fuel shall not be transported on conveyor belts.
23 (j) When transporting diesel fuel in containers other than
24 safety cans, a fire extinguisher shall be provided on each end
25 of the transportation unit. The fire extinguishers shall be
26 multipurpose type dry chemical fire extinguishers containing a
27 nominal weight of twenty pounds.
28 (k) Diesel fuel transportation units shall have a fire
29 suppression system that meets the requirements of section 208-A.
30 (l) In mines where trolley wire is used, diesel fuel
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1 transportation units shall be provided with insulating material
2 to protect the units from energized trolley wire, and the
3 distance between the diesel fuel transportation unit and the
4 trolley wire shall not be less than twelve inches, or the
5 trolley wire shall be de-energized when diesel fuel
6 transportation units are transported through the area.
7 (m) Unattended diesel fuel transportation units shall be
8 parked only in mobile underground diesel fuel storage
9 facilities.
10 (n) Safety cans shall be used for emergency fueling only.
11 (o) Safety cans shall be clearly marked, have a maximum
12 capacity of five gallons, and be constructed of metal and
13 equipped with a nozzle and self-closing valves.
14 Section 208-A. Fire Suppression for Equipment and
15 Transportation.--(a) Fire suppression systems for diesel-
16 powered equipment and fuel transportation units shall meet the
17 requirements of this section.
18 (b) The system must be an automatic multipurpose dry powder
19 type fire suppression system suitable for the intended
20 application and listed or approved by a nationally recognized
21 independent testing laboratory. Installation requirements are as
22 follows:
23 (1) The system shall be installed in accordance with the
24 manufacturer's specifications and the limitations of the listing
25 or approval.
26 (2) The system shall be installed in a protected location or
27 guarded to minimize physical damage from routine operations.
28 (3) Suppressant agent distribution tubing or piping of the
29 system shall be secured and protected against damage, including
30 pinching, crimping, stretching, abrasion and corrosion.
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1 (4) Discharge nozzles of the system shall be positioned and
2 aimed for maximum fire suppression effectiveness in the
3 protected areas. Nozzles shall also be protected against the
4 entrance of foreign materials such as mud, coal dust or rock
5 dust that could prevent proper discharge of suppressant agent.
6 (c) The fire suppression system shall provide automatic fire
7 detection and suppression for all of the following:
8 (1) The engine, transmission, hydraulic pumps and tanks,
9 fuel tanks, exposed brake units, air compressors and battery
10 areas, as applicable, on all diesel-powered equipment.
11 (2) Fuel containers and electric panels or controls used
12 during fuel transfer operations on fuel transportation units.
13 (d) The fire suppression system shall include a system fault
14 and fire alarm annunciator that can be seen and heard by the
15 equipment operator.
16 (e) The fire suppression system shall provide for automatic
17 engine shutdown. Engine shutdown and discharge of suppressant
18 agent may be delayed for a maximum of fifteen seconds after the
19 fire alarm annunciator alerts the operator.
20 (f) At least two manual actuators shall be provided with at
21 least one manual actuator at each end of the equipment. If the
22 equipment is provided with an operator's compartment, one of the
23 mechanical actuators shall be located in the compartment within
24 easy reach of the operator. For stationary equipment, the two
25 manual actuators shall be located with at least one actuator on
26 the stationery equipment and at least one actuator a safe
27 distance away from the equipment and in intake air.
28 Section 209-A. Fire Suppression for Storage Areas.--(a)
29 Fire suppression systems for diesel fuel storage areas shall
30 meet the requirements of this section.
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1 (b) The system shall be an automatic multipurpose dry-powder
2 type fire suppression system or other system of equal
3 capability, suitable for the intended application and listed or
4 approved by a nationally recognized independent testing
5 laboratory. The system shall meet the following installation
6 requirements:
7 (1) The system shall be installed in accordance with the
8 manufacturer's specifications and the limitations of the listing
9 or approval.
10 (2) The system shall be installed in a protected location or
11 guarded to minimize physical damage from routine operations.
12 (3) Suppressant agent distribution tubing or piping of the
13 system shall be secured and protected against damage, including
14 pinching, crimping, stretching, abrasion and corrosion.
15 (4) Discharge nozzles of the system shall be positioned and
16 aimed for maximum fire suppression effectiveness in the
17 protected areas. Nozzles must also be protected against the
18 entrance of foreign materials such as mud, coal dust and rock
19 dust that could prevent proper discharge of suppressant agent.
20 (c) The fire suppressant system shall provide automatic fire
21 detection and suppression for the fuel storage tanks,
22 containers, safety cans, pumps, electrical panels and control
23 equipment in fuel storage areas.
24 (d) Audible and visual alarms to warn of fire or system
25 faults shall be provided at the protected area and at a surface
26 location that is always staffed when persons are underground. A
27 means shall also be provided for warning all endangered persons
28 in the event of fire.
29 (e) Fire suppression systems shall include two manual
30 actuators with at least one located within the fuel storage
19960H2828B3921 - 18 -
1 facility and at least one located a safe distance away from the
2 storage facility and in intake air.
3 (f) The fire suppression system shall remain operative in
4 the event of electrical system failure.
5 (g) If electrically operated, the detection and actuation
6 circuits shall be monitored and provided with status indicators
7 showing power and circuit continuity. If not electrically
8 operated, a means shall be provided to indicate the functional
9 readiness status of the system.
10 (h) Fire suppression devices shall be visually inspected at
11 least once each week by a person qualified to make such
12 inspection.
13 (i) Each fire suppression device shall be tested and
14 maintained.
15 (j) A record shall be maintained of the inspection required
16 by this paragraph. The record of the weekly inspections shall be
17 maintained at an appropriate location for each fire suppression
18 device.
19 (k) All miners normally assigned to the active workings of a
20 mine shall be instructed about any hazards inherent to the
21 operation of all fire suppression devices installed and, where
22 appropriate, the safeguards available for each device.
23 Section 210-A. Use of Certain Starting Aids Prohibited.--The
24 use of volatile or chemical starting aids is prohibited.
25 Section 211-A. Fueling.--(a) Fueling of diesel-powered
26 equipment shall not be conducted in the intake escapeway unless
27 the mine design and entry configuration make it necessary. In
28 those cases where fueling in the intake escapeway is necessary,
29 the mine operator shall submit a plan for approval to the
30 department outlining the special safety precautions that will be
19960H2828B3921 - 19 -
1 taken to insure the protection of miners. Such plan shall
2 specify a fixed location where fueling will be conducted in the
3 intake escapeway and all other safety precautions that will be
4 taken, which shall include an examination of the area for
5 spillage or fire by a qualified person.
6 (b) Diesel fuel and other combustible materials shall be
7 cleaned up and not be permitted to accumulate anywhere in an
8 underground mine or on diesel-powered or electric equipment
9 located therein.
10 (c) At least one person, specially trained in the cleanup
11 and disposal of diesel fuel spills, shall be on duty at the mine
12 when diesel-powered equipment or mobile fuel transportation
13 equipment is being used or when any fueling of diesel-powered
14 equipment is being conducted.
15 Section 212-A. Fire and Safety Training.--(a) All
16 underground employes at the mine shall receive special
17 instruction related to fighting fires involving diesel fuel.
18 This training may be included in annual refresher training under
19 MSHA regulations at 30 CFR Pt. 48 (relating to training and
20 retraining of miners), or included in the fire drills required
21 under MSHA regulations at 30 CFR § 75.1101-23 (relating to
22 program of instruction; location and use of fire fighting
23 equipment; location of escapeways, exits and routes of travel;
24 evacuation procedures; fire drills).
25 (b) All miners shall be trained in precautions for safe and
26 healthful handling and disposal of diesel-powered equipment
27 filters. All used intake air filters, exhaust diesel particulate
28 matter filters and engine oil filters shall be placed in their
29 original containers or other suitable enclosed containers and
30 removed from the underground mine to the surface. Arrangements
19960H2828B3921 - 20 -
1 will be made for safe handling and disposal of these filters
2 within a timely manner after they have reached the surface.
3 Section 213-A. Maintenance.--(a) Diesel-powered equipment
4 shall be maintained in an approved and safe condition as
5 described in this article or removed from service. Failure of
6 the mine operator to comply with the maintenance requirements of
7 this subsection may result in revocation of the department's
8 approval of the complete diesel-powered equipment package,
9 provided appropriate notification has been given to the mine
10 operator and the procedures of this section have been taken.
11 Upon receiving such notice, the mine operator shall have thirty
12 days to submit a plan to achieve and maintain compliance. Such
13 plan shall be evaluated by the department, and, upon approval,
14 the mine operator shall implement the plan. The department shall
15 monitor the mine operator's compliance. If the department then
16 determines that the mine operator is unable or unwilling to
17 comply, the department shall revoke the mine operator's
18 approval.
19 (b) To acquire and maintain approval of a complete diesel-
20 powered equipment package, the mine operator shall comply with
21 the following requirements:
22 (1) All service, maintenance and repairs of approved
23 complete diesel-powered equipment packages shall be performed by
24 mechanics who are trained and qualified in accordance with
25 section 222-A.
26 (2) Service and maintenance of approved complete diesel-
27 powered equipment packages shall be performed according to:
28 (i) the specified routine maintenance schedule;
29 (ii) on-board performance and maintenance diagnostics
30 readings;
19960H2828B3921 - 21 -
1 (iii) emissions test results; and
2 (iv) component manufacturer's recommendations.
3 Section 214-A. Records.--(a) A record shall be made of all
4 emissions tests, pre-operational examinations and maintenance
5 and repairs of complete diesel-powered equipment packages. The
6 records made pursuant to this section shall meet the
7 requirements of this section.
8 (b) The person performing the emissions test, examination,
9 maintenance or repair shall certify by date, time, engine hour
10 reading and signature that the emissions test, examination,
11 maintenance or repair was made.
12 (c) Records of emissions tests and examinations shall
13 include the specific results of such tests and examinations.
14 (d) Records of maintenance and repairs shall include the
15 work that was performed, any fluids or oil added, parts replaced
16 or adjustments made and the results of any subsequently required
17 emissions testing.
18 (e) Records of pre-operational examinations shall be
19 retained for the previous one hundred-hour maintenance cycle.
20 (f) Records of emissions tests, one hundred-hour maintenance
21 tests and repairs shall be countersigned once each week by the
22 certified mine electrician and mine foreman.
23 (g) All records, except as specified in subsection (e),
24 required by this section shall be retained for at least one year
25 at a surface location at the mine and made available for
26 inspection by the department's district mine inspector and by
27 miners and their representatives.
28 Section 215-A. Duties of Operator.--(a) Prior to using a
29 piece of diesel-powered equipment during a shift, the equipment
30 operator shall conduct an examination as follows:
19960H2828B3921 - 22 -
1 (1) Check the exhaust emissions control and conditioning
2 system components to determine that the components are in place
3 and not damaged or leaking.
4 (2) Assure that the equipment is clean and free of
5 accumulations of combustibles.
6 (3) Assure that the machine is loaded safely.
7 (4) Check for external physical damage.
8 (5) Check for loose or missing connections.
9 (6) Check engine oil level.
10 (7) Check transmission oil level.
11 (8) Check other fluid levels if applicable.
12 (8) Check for hydraulic, coolant and oil leaks.
13 (10) Check fan, water pump and other belts.
14 (11) Check the fan for damage.
15 (12) Check guards.
16 (13) Check the fuel level.
17 (14) Check for fuel leaks.
18 (15) Comply with recordkeeping requirements pursuant to
19 section 214-A.
20 (b) After the engine is started and warmed up, the equipment
21 operator shall conduct an examination as follows:
22 (1) Check all on-board engine performance and maintenance
23 diagnostics system gauges for proper operation and in-range
24 readings. The equipment operator shall immediately shut down the
25 engine and notify the operator if the on-board readings indicate
26 any of the following:
27 (i) Intake restriction at full engine speed is greater than
28 the manufacturer's recommendation.
29 (ii) Exhaust restriction at full engine speed is greater
30 than the manufacturer's recommendation.
19960H2828B3921 - 23 -
1 (iii) Coolant temperature is at or near two hundred twelve
2 degrees Fahrenheit.
3 (iv) Low engine oil pressure.
4 (v) High engine oil temperature.
5 (2) Check safety features, including, but not limited to,
6 the throttle, brakes, steering, lights and horn.
7 (3) Comply with recordkeeping requirements pursuant to
8 section 214-A.
9 Section 216-A. Scheduled Maintenance.--At intervals not
10 exceeding one hundred hours of engine operation, a qualified
11 mechanic shall perform the following maintenance and make all
12 necessary adjustments or repairs or remove the equipment from
13 service:
14 (1) Wash or steam-clean the equipment.
15 (2) Check for and remove any accumulations of coal, coal
16 dust or other combustible materials.
17 (3) Check the equipment for damaged or missing components or
18 other visible defects.
19 (4) Conduct electrical and safety component inspections.
20 (5) Replace engine oil and oil filter.
21 (6) Check the transmission oil level and add oil, if
22 necessary.
23 (7) Check hydraulic oil level and add oil, if necessary.
24 (8) Check the engine coolant level and add coolant, if
25 necessary.
26 (9) Check all other fluid levels and add fluid, if
27 necessary.
28 (10) Check for oil, coolant and other fluid leaks.
29 (11) Inspect the cooling fan, radiator and shroud. Remove
30 any obstructions and make necessary repairs.
19960H2828B3921 - 24 -
1 (12) Check all belts. Tighten or replace if necessary.
2 (13) Check the battery and service as necessary.
3 (14) Check the automatic fire suppression system.
4 (15) Check the portable fire extinguisher.
5 (16) Check the lights.
6 (17) Check the warning devices.
7 (18) With the engine operating, check and replace or repair
8 the following:
9 (i) Oil pressure.
10 (ii) Intake air restriction, at full engine speed.
11 (iii) Exhaust gas restriction, at full engine speed.
12 (iv) Exhaust flame arrestor.
13 (v) All gauges and controls.
14 (19) Conduct repeatable loaded engine operating test in
15 accordance with section 218-A.
16 (20) Evaluate and interpret the results of all of the above
17 tests and examinations and make all necessary repairs or remove
18 equipment from service.
19 (21) Comply with recordkeeping requirements pursuant to
20 section 214-A.
21 Section 217-A. Emissions Monitoring and Control.--(a)
22 Emissions for diesel-powered equipment shall be monitored and
23 controlled as provided in this section.
24 (b) When any diesel-powered machine first enters service at
25 a mine, baseline emission values shall be determined by a
26 qualified mechanic. The qualified mechanic shall:
27 (1) Verify that the seal on the engine fuel injector is in
28 place and that the proper fuel pump is on the equipment.
29 (2) Install a new clean intake air cleaner, measure and
30 record the intake restriction pressure.
19960H2828B3921 - 25 -
1 (3) Check the level of engine oil.
2 (4) Change the engine lubrication oil if not fresh.
3 (5) Check the level of the transmission fluid.
4 (6) Flush the exhaust system and install a new diesel
5 particulate filter, measure and record the exhaust back
6 pressure.
7 (7) Test the brakes.
8 (8) Place the equipment into an intake entry.
9 (9) Set the brakes and chock the wheels.
10 (10) Install the portable carbon monoxide (CO) sampling
11 device into the untreated exhaust gas coupling provided in the
12 operator's cab.
13 (11) Start the engine and allow it to warm up to operating
14 temperature.
15 (12) For mobile equipment, shift into second gear and put
16 the engine at full throttle, or for stationary equipment, induce
17 a load and put the engine at full throttle.
18 (13) Start the CO sampler and measure and record CO levels
19 every minute for five minutes.
20 (14) Comply with recordkeeping requirements pursuant to
21 section 214-A.
22 Section 218-A. Diagnostic Testing.--At intervals not
23 exceeding once every one hundred hours of engine operation, a
24 qualified mechanic shall perform equipment maintenance
25 diagnostic testing of each piece of diesel-powered equipment in
26 the mine. The qualified mechanic shall:
27 (1) verify the identification numbers on the equipment;
28 (2) check the level of the engine lubricating oil;
29 (3) check the level of the transmission fluid;
30 (4) set the brakes and chock the wheels;
19960H2828B3921 - 26 -
1 (5) install the portable CO sampling device into the
2 untreated exhaust port coupling provided in the operator's cab;
3 (6) start the engine and allow it to warm up to operating
4 temperature;
5 (7) check the intake restriction and the exhaust
6 backpressure at high idle speed;
7 (8) if the intake restriction is more than the
8 manufacturer's maximum recommended intake restriction, replace
9 the intake filter with a clean one;
10 (9) if the exhaust backpressure is more than the
11 manufacturer's maximum recommended exhaust backpressure, replace
12 the diesel particulate filter with a clean one and/or clean out
13 the heat exchanger;
14 (10) for mobile equipment, shift into second gear and put
15 the engine at full throttle, or for stationary equipment, induce
16 a load and put engine at full throttle;
17 (11) start the CO sampler and record CO levels every minute
18 for five minutes;
19 (12) install the portable CO sampling device into the
20 treated exhaust port coupling provided in the operator's cab and
21 repeat steps (10) and (11);
22 (13) if the average CO reading for untreated exhaust gas is
23 greater than twice the baseline established under section 217-
24 A(b), or if the average CO reading for treated exhaust gas is
25 greater than 100 ppm, the equipment has failed and must be
26 serviced and retested before it is returned to regular service;
27 and
28 (14) comply with recordkeeping requirements pursuant to
29 section 214-A.
30 Section 219-A. Exhaust Gas Monitoring and Control.--(a) In
19960H2828B3921 - 27 -
1 monitoring and controlling exhaust gases, the ambient
2 concentration of exhaust gases in the mine atmosphere shall not
3 exceed 35 ppm ceiling for carbon monoxide (CO), 25 ppm ceiling
4 for nitric oxide (NO) and 3 ppm ceiling for nitrogen dioxide
5 (NO2). The concentration of these exhaust gases shall be
6 measured at the equipment operator's or equipment attendant's
7 position and inby the last piece of diesel-powered equipment
8 operating in the same split of air. Measurements shall be made
9 weekly or more often if necessary by a qualified person and
10 shall be conducted pursuant to the requirements of this section.
11 (b) Measurement of exhaust gases shall be made with a
12 sampling instrument no less precise than detector tubes.
13 (c) If the concentration of any of the gases listed in
14 subsection (a) is seventy-five per cent or more of its exposure
15 limit, changes to the use of the diesel equipment, the mine
16 ventilation or other modifications to the mining process shall
17 be made.
18 (d) If the concentration of any of the gases listed in
19 subsection (a) exceeds the exposure limit, the diesel equipment
20 operating in that split shall be removed from service
21 immediately and corrective action taken. After corrective action
22 has been taken by the mine operator, the diesel equipment may be
23 returned to service in its regular operating mode for emissions
24 testing purposes only, and emissions testing shall be conducted
25 immediately to assure that the concentration does not exceed
26 seventy-five per cent of the exposure limit. Corrective action
27 must be taken until the concentration does not exceed seventy-
28 five per cent of the exposure limit before the diesel equipment
29 can be returned to full operation.
30 (e) In addition to the other maintenance requirements set
19960H2828B3921 - 28 -
1 forth in this article, the mine operator shall comply with the
2 following requirements:
3 (1) Repair or adjustment of the fuel injection system shall
4 only be performed by qualified mechanics authorized by the
5 engine manufacturer.
6 (2) Complete testing of the emissions system in accordance
7 with section 218-A shall be conducted prior to any piece of
8 diesel-powered equipment being put into service, after any
9 repair or adjustment to the fuel delivery system, engine timing
10 or exhaust emissions control and conditioning system.
11 (3) Service and maintenance of the intake air filter,
12 exhaust particulate filter and the exhaust system shall be
13 performed at specific time intervals based on the component
14 manufacturers recommendation, compliance with the engine or
15 emissions control operation specifications and, as needed, based
16 on the on-board diagnostics and/or emissions test results.
17 Accurate records shall be maintained of all such service and
18 maintenance.
19 Section 220-A. Training and General Requirements.--(a) All
20 training course instructors and all training plans required by
21 this section and sections 221-A and 222-A shall be approved by
22 the department. Operator training and qualification shall meet
23 the requirements of this section.
24 (b) Training shall be conducted in the basics of the
25 operation of a diesel engine, Federal and State regulations
26 governing their use, company rules for safe operation, specific
27 features of each piece of equipment and the ability to recognize
28 problems shall be provided to each equipment operator and the
29 mine health and safety committee if one exists. This training
30 shall be designed to bring every operator to a level of good
19960H2828B3921 - 29 -
1 understanding of diesel equipment operation. Each operator will
2 be qualified by attending a minimum eight-hour course including
3 classroom training on diesel fundamentals and equipment specific
4 hands-on training on the job.
5 (c) Upon successful completion of both training sessions,
6 the operator shall be issued a Certificate of Qualification that
7 qualifies him or her to operate a specific type of diesel-
8 powered equipment. An operator may be qualified to operate more
9 than one type of equipment by completing additional equipment-
10 specific training covering differences specific to each
11 additional type of equipment.
12 (d) Refresher training, separate from that required by MSHA
13 regulations at 30 CFR Pt. 48 (relating to the training and
14 retraining of miners), shall be required annually.
15 (e) The minimum eight-hour training required by subsection
16 (b) shall include instruction in the following classroom
17 subjects:
18 (1) Engine fundamentals, which shall include an introduction
19 to the function of a diesel engine and recognition of all major
20 components and their functions.
21 (2) Diesel regulations, which shall include an introduction
22 to Federal and State regulations governing the use of diesel
23 equipment.
24 (3) Diesel emissions, which shall include an introduction to
25 diesel emissions and their adverse health effects.
26 (4) Factors that affect diesel emissions, which shall
27 include a detailed presentation of engine faults and diesel fuel
28 quality and their effect on emissions and the preventive actions
29 that can be taken to minimize emissions levels.
30 (5) Emissions control devices, which shall include a
19960H2828B3921 - 30 -
1 detailed presentation of the different emissions control devices
2 employed to reduce emissions and details about actions the
3 operator must take to keep the devices in working order.
4 (6) Diagnostic techniques, which shall include a
5 presentation of techniques that can be employed by the operator
6 to assure the equipment is in safe operating condition and
7 instruction about how to recognize and diagnose certain engine
8 faults that may cause increases in emissions.
9 (7) The pre-operational inspection, which shall include a
10 presentation of the purpose, benefits and requirements of the
11 pre-operational inspection.
12 (8) Ventilation, which shall include an introduction to
13 special ventilation requirements for areas where diesel-powered
14 equipment will operate.
15 (9) Fire Suppression System, which shall include an
16 introduction to the fire suppression system and its function and
17 when and how to activate the fire suppression manually.
18 (10) Operating rules, which shall include a detailed
19 presentation of the driving rules, safe driving speeds, traffic
20 control devices and equipment limitations.
21 (11) Emergency procedures, which shall include discussion of
22 emergency situations, such as fire, diesel fuel spills,
23 component failure, loss of ventilation air and emergency escape
24 procedures and discussion of the potential use of the diesel-
25 powered vehicle as an emergency escape vehicle in case of a mine
26 emergency situation.
27 (12) Recordkeeping and reporting procedures, which shall
28 include a presentation on required recordkeeping and reporting
29 procedures for problems or unsafe conditions, high emissions
30 level and pre-operational inspections made by the equipment
19960H2828B3921 - 31 -
1 operator.
2 (f) A new Certificate of Qualification shall be issued
3 annually after the equipment operator has received the annual
4 refresher training.
5 Section 221-A. Equipment-Specific Training.--Equipment-
6 specific, hands-on orientation training shall be given in an
7 area of the mine where the equipment will be operated. This
8 orientation shall be specific to the type and make of the diesel
9 machine and shall be presented in small groups. The following
10 subjects shall be included in the training:
11 (1) Equipment layout, which shall include familiarization
12 with the layout of the equipment, the operator's compartments
13 and the controls.
14 (2) Pre-operation inspection, which shall include
15 familiarization with the pre-operation inspection procedure and
16 review of specific details of the inspection and location of the
17 components to be inspected.
18 (3) Equipment limitations, which shall include instruction
19 relating to equipment performance, speeds, capacities and blind
20 areas.
21 (4) Operating areas, which shall include instruction
22 relating to areas in which the equipment may be operated.
23 (5) Operation, which shall include familiarization with the
24 controls, gauges and warning devices and safe operating limits
25 of all indicating gauges.
26 (6) Refueling procedure which shall include familiarization
27 with fuel handling, permissible refueling areas, spill
28 prevention, cleanup and potential hazards from diesel fuel.
29 (7) Emergency devices, which shall include instruction
30 relating to the location and use of the fire extinguisher and
19960H2828B3921 - 32 -
1 fire suppression devices.
2 (8) Driving practice, which shall include supervised
3 operation of the equipment.
4 Section 222-A. Diesel Mechanic Training.--(a) Diesel
5 mechanic training and qualification shall meet the requirements
6 of this section.
7 (b) Diesel mechanics shall be trained and qualified to
8 perform maintenance, repairs and testing of the features of
9 diesel equipment certified by MSHA and the department.
10 (c) To be qualified, a diesel mechanic must successfully
11 complete a minimum of sixteen hours of a training program
12 approved by the department regarding the general function,
13 operation, maintenance and testing of emissions control and
14 conditioning components. The diesel mechanic must be qualified
15 to perform these tasks on the specific machines used at the mine
16 or mines where they are employed. Additional engine-specific
17 training shall be provided to diesel mechanics in accordance
18 with a plan approved by the department.
19 (d) Annual retraining programs for diesel mechanics shall be
20 required and approved by the department. The annual retraining
21 shall include refresher training as well as new procedure and
22 new technology training as necessary. Such training shall be
23 separate from refresher training pursuant to MSHA regulations at
24 30 CFR Pt. 48 (relating to training and retraining of miners)
25 and electrical training required by MSHA.
26 (e) The minimum sixteen-hour diesel mechanic training
27 programs shall be submitted for approval to the department and
28 shall include training in the following minimum subject
29 requirements:
30 (1) Federal and State requirements regulating the use of
19960H2828B3921 - 33 -
1 diesel equipment.
2 (2) Company policies and rules related to the use of diesel
3 equipment.
4 (3) Emissions control system design and component technical
5 training.
6 (4) On-board engine performance and maintenance diagnostics
7 system design and component technical training.
8 (5) Service and maintenance procedures and requirements for
9 the emissions control systems.
10 (6) Emissions testing procedures and evaluation and
11 interpretation of test results.
12 (7) Troubleshooting procedures for the emissions control
13 systems.
14 (8) Fire protection systems test and maintenance.
15 (9) Fire and ignition sources and their control and
16 elimination.
17 (10) Fuel system maintenance and safe fueling procedures.
18 (11) Intake air system design and components technical
19 training and maintenance procedures.
20 (12) Engine shutdown device tests and maintenance.
21 (13) Special instructions regarding components, such as the
22 fuel injection system, that shall only be repaired and adjusted
23 by a qualified mechanic who has received special training and is
24 authorized to make such repairs or adjustments by the component
25 manufacturer.
26 (14) Instruction on recordkeeping requirements for
27 maintenance procedures and emissions testing.
28 (15) Other subjects determined by the department to be
29 necessary to address specific health and safety needs.
30 Section 223-A. Operation of Diesel-Powered Equipment.--(a)
19960H2828B3921 - 34 -
1 In addition to other requirements of this article, diesel-
2 powered equipment shall be operated pursuant to the standards
3 set forth in this section.
4 (b) All diesel-powered equipment shall be attended while in
5 operation with the engine running in underground mines.
6 (c) Unnecessary idling of diesel-powered equipment shall be
7 prohibited.
8 (d) All roadways where diesel-powered equipment is operated
9 shall be maintained as free as practicable from bottom
10 irregularities, debris and wet or muddy conditions that will
11 affect control of the equipment.
12 (e) Operating speeds shall be consistent with conditions of
13 roadways, grades, clearances, visibility and traffic and type of
14 equipment used.
15 (f) Equipment operators shall have full control of the
16 mobile equipment while it is in motion.
17 (g) Traffic rules, including speed, signals and warning
18 signs, shall be standardized at each mine and posted.
19 (h) All diesel-powered equipment shall be maintained in a
20 safe and healthful operating condition. Equipment in an unsafe
21 or unhealthful condition or not maintained in accordance with
22 the engine or emissions control operating specifications shall
23 be removed from service immediately and shall not be returned to
24 service until all necessary corrective actions have been taken.
25 Section 224-A. Technical Advisory Committee on Diesel-
26 Powered Equipment.--(a) There is hereby created a Technical
27 Advisory Committee on Diesel-Powered Equipment for the purpose
28 of advising the secretary regarding implementation of this
29 article and evaluation of alternative technology or methods for
30 meeting the requirements for diesel-powered equipment as set
19960H2828B3921 - 35 -
1 forth in this article. Any alternative technology or methods
2 approved by the advisory committee shall not reduce or
3 compromise the level of health and safety protection afforded by
4 this article.
5 (b) The advisory committee shall consist of two members who
6 shall be residents of this Commonwealth. The Governor shall
7 appoint one member to represent the viewpoint of the coal
8 operators in this Commonwealth within thirty days from receipt
9 of a list containing one or more nominees submitted by the major
10 trade association representing coal operators in this
11 Commonwealth. The Governor shall also appoint one member to
12 represent the viewpoint of the working miners in this
13 Commonwealth within thirty days from receipt of a list
14 containing one or more nominees submitted by the highest ranking
15 official within the major employee organization representing
16 coal miners in this Commonwealth.
17 (c) Members of the advisory committee shall be appointed for
18 a term of three years. If renominated and reappointed, a member
19 may serve up to three successive three-year terms.
20 (d) Members of the advisory committee shall be compensated
21 on a per diem basis of one hundred fifty dollars ($150) per day
22 plus all reasonable expenses incurred while performing their
23 official duties.
24 (e) The advisory committee shall meet at least twice during
25 each calendar year or more often as may be necessary.
26 (f) A quorum of the advisory committee shall require both
27 members and the advisory committee may only act officially by a
28 quorum.
29 (g) Upon application of a coal miner, coal mine operator,
30 diesel-related technology manufacturer, or on its own motion,
19960H2828B3921 - 36 -
1 the advisory committee shall consider requests for the use of
2 alternative diesel-related health and safety technologies with
3 general underground mining industry application that are
4 consistent with this article. Approval of an application made
5 under this subsection shall make the alternative technology or
6 method available for use, but shall not be construed to require
7 that a coal mine operator use such approved alternative
8 technology or method. Upon receipt of an application, the
9 advisory committee shall conduct an investigation, which
10 investigation shall include consultation with a representative
11 or representatives of the major trade association representing
12 coal operators in this Commonwealth and with a representative or
13 representatives of the major employee organization representing
14 coal miners in this Commonwealth.
15 (h) Upon application of a coal mine operator, the advisory
16 committee shall consider requests for site-specific use of
17 alternative diesel-related health and safety technologies on a
18 mine-by-mine basis. Upon receipt of an application, the advisory
19 committee shall conduct an investigation, which investigation
20 shall include consultation with the mine operator and the
21 authorized representatives of the miners at the mine. Authorized
22 representatives of the miners shall include a mine health and
23 safety committee elected by miners at the mine, a person or
24 persons employed by an employee organization representing miners
25 at the mine, or a person or persons authorized as the
26 representative or representatives of miners of the mine in
27 accordance with MSHA regulations at 30 CFR Pt. 40 (relating to
28 representative of miners). Where there is no authorized
29 representative of the miners, the advisory committee shall
30 consult with a reasonable number of miners at the mine.
19960H2828B3921 - 37 -
1 (i) (1) Within one hundred eighty days of receipt of an
2 application for use of alternative technologies or methods for
3 general underground mining industry application or for site
4 specific use, the advisory committee shall complete its
5 investigation and make a recommendation to the secretary. The
6 time period may be extended with the consent of the applicant.
7 (2) The advisory committee shall only recommend approval of
8 an application made under this section if, at the conclusion of
9 the investigation, the committee has made a unanimous
10 determination that the use of the alternative technology or
11 method shall not reduce or compromise the level of health and
12 safety protection afforded by this article.
13 (3) Any advisory committee recommendation to the secretary
14 for approval of an application made under this section for use
15 of alternative technologies or methods shall be made only by
16 unanimous consent of the advisory committee and shall be made in
17 writing and shall include the results of its investigation and
18 specific conditions of use for the alternative technology or
19 method.
20 (4) An advisory committee decision to reject an application
21 made under this section for use of alternative technologies or
22 methods shall be made in writing to the secretary. A decision to
23 reject shall be made by unanimous consent of the advisory
24 committee, or if the advisory committee fails to reach a
25 unanimous decision at the conclusion of its investigation, an
26 application shall be considered to have been rejected. Further,
27 if the advisory committee fails to reach a unanimous decision
28 and make a report to the secretary within one hundred eighty
29 days, this inaction shall be deemed to be an explicit rejection.
30 (5) All recommendations made by the advisory committee to
19960H2828B3921 - 38 -
1 the secretary for approval or an advisory committee decision to
2 reject an application, made under this section shall state the
3 basis for such recommendation.
4 (j) Within thirty days of receipt of the advisory
5 committee's recommendation to approve an application, made under
6 this section, the secretary shall approve or reject, without
7 modification except as unanimously approved by the advisory
8 committee, the advisory committee's recommendations, including
9 all recommended conditions of use. Any alternative technologies
10 or methods approved by the secretary shall not reduce or
11 compromise the level of health and safety protection afforded by
12 this article. The time period for the secretary's decision may
13 be extended with the consent of the applicant. Failure of the
14 secretary to act within the specified time period, or the time
15 period as extended, shall result in adoption of the advisory
16 committee's recommendation as a final action of the secretary.
17 (k) The advisory committee shall develop conditions of use
18 for the use of diesel-powered equipment in shaft and slope
19 construction operations at coal mines. All conditions of use
20 proposed by the advisory committee shall be considered by the
21 secretary and shall be adopted or rejected by the secretary
22 without modification except as approved by the advisory
23 committee.
24 (l) In performing its functions, the advisory committee
25 shall have access to the services of the department. The
26 secretary shall make clerical support and assistance available
27 to enable the advisory committee to carry out its duties. Upon
28 the request of both members of the advisory committee, the
29 secretary shall draft proposed conditions of use and reports or
30 make investigations.
19960H2828B3921 - 39 -
1 (m) Any action taken by the advisory committee or the
2 secretary to either approve or reject the use of an alternative
3 technology or method under subsection (g), (h) or (j) shall be
4 final and binding and not subject to further review except where
5 a decision by the advisory committee or the secretary may be
6 deemed to be an abuse of discretion or contrary to law. If any
7 party affected by a decision of the advisory committee or the
8 secretary believes that the decision is an abuse of discretion
9 or contrary to law, that party may file a petition for review
10 with the Commonwealth Court in accordance with Pa. R.A.P. Ch. 15
11 (relating to judicial review of governmental determinations)
12 within thirty days of the decision of the advisory committee or
13 the secretary, as the case may be. The court, in finding that
14 any decision made by the advisory committee or the secretary is
15 an abuse of discretion or contrary to law, shall remand the case
16 to the advisory committee and the secretary for further
17 proceedings, subject to further appeal under this review
18 process.
19 (n) The powers and duties of the advisory committee shall be
20 limited to the matters regarding the use of diesel-powered
21 equipment in underground coal mines.
22 (o) Appropriations for the operation of the advisory
23 committee and to implement the provisions of this article shall
24 be made to a special account established for that purpose in the
25 general government fund of the department. The account shall be
26 separate from any other accounts of, or appropriations for, the
27 department.
28 Section 8. Sections 334(b) and 401 heading of the act are
29 amended to read:
30 Section 334. Technological Improvement.--* * *
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1 (b) Upon receipt of this proposal, it shall be given
2 preliminary review by the secretary. If such review indicates
3 that the proposal has potential merit, the secretary may, at his
4 discretion, appoint either a commission or a committee
5 consisting of three representatives of the department, three
6 operators' engineers, a representative of the mine employes, and
7 any others he deems pertinent. Such commission or committee
8 shall investigate and review said proposal to determine its
9 effect on safety and property and report their findings in
10 writing to the [Secretary of Mines and Mineral Industries.]
11 secretary.
12 * * *
13 Section 401. Explosion or Accident; Investigation by
14 Department [of Mines and Mineral Industries]; Inquests.--* * *
15 Section 9. All acts and parts of acts are repealed insofar
16 as they are inconsistent with this act.
17 Section 10. This act shall take effect in 60 days.
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