PRIOR PRINTER'S NO. 3921 PRINTER'S NO. 4050
No. 2828 Session of 1996
INTRODUCED BY S. H. SMITH, DeWEESE, WOZNIAK, PETTIT, FARGO, STAIRS, GEIST, PESCI, HALUSKA, DALEY AND COLAIZZO, JUNE 28, 1996
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 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 19960H2828B4050 - 2 -
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 * * * 19960H2828B4050 - 3 -
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 * * 19960H2828B4050 - 4 -
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: 19960H2828B4050 - 5 -
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 19960H2828B4050 - 6 -
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 19960H2828B4050 - 7 -
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 TEST DATA FOR diesel particulate matter <-- 4 production rate data is not available for a specified engine, <-- 5 comparable data may be provided to the advisory committee that 6 reliably verifies that the exhaust emissions control and 7 conditioning system will meet, for the specified diesel engine, 8 the in-laboratory diesel particulate matter standard established 9 by 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 19960H2828B4050 - 8 -
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 19960H2828B4050 - 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. 19960H2828B4050 - 10 -
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 DIESEL 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 19960H2828B4050 - 11 -
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 19960H2828B4050 - 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 19960H2828B4050 - 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. 19960H2828B4050 - 14 -
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 19960H2828B4050 - 15 -
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. 19960H2828B4050 - 16 -
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. 19960H2828B4050 - 17 -
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 19960H2828B4050 - 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 19960H2828B4050 - 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 19960H2828B4050 - 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; 19960H2828B4050 - 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: 19960H2828B4050 - 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. 19960H2828B4050 - 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. 19960H2828B4050 - 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. 19960H2828B4050 - 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; 19960H2828B4050 - 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 19960H2828B4050 - 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 19960H2828B4050 - 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 19960H2828B4050 - 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 19960H2828B4050 - 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 19960H2828B4050 - 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 19960H2828B4050 - 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 19960H2828B4050 - 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) 19960H2828B4050 - 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 19960H2828B4050 - 35 -
1 forth in this article. Any alternative technology or methods 2 approved RECOMMENDED by the advisory committee AND/OR APPROVED <-- 3 BY THE SECRETARY shall not reduce or compromise the level of 4 health and safety protection afforded by this article. 5 (b) The advisory committee shall consist of two members who 6 shall be residents of this Commonwealth AND APPOINTED BY THE <-- 7 GOVERNOR. The Governor shall appoint one member to represent the 8 viewpoint of the coal operators in this Commonwealth within 9 thirty days from receipt of a list containing one or more 10 nominees submitted by the major trade association representing 11 coal operators in this Commonwealth. The Governor, AND shall <-- 12 also appoint one member to represent the viewpoint of the 13 working miners in this Commonwealth within thirty days from 14 receipt of a list containing one or more nominees submitted by 15 the highest ranking official within the major employee 16 organization representing 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 (F) ALL ACTIONS OF THE ADVISORY COMMITTEE SHALL REQUIRE THE <-- 30 PARTICIPATION OF BOTH MEMBERS WHICH SHALL CONSTITUTE A QUORUM. 19960H2828B4050 - 36 -
1 (g) Upon application of a coal miner, coal mine operator, 2 diesel-related technology manufacturer, or on its own motion, 3 the advisory committee shall consider requests for the use of 4 alternative diesel-related health and safety technologies with 5 general underground mining industry application that are 6 consistent with this article. Approval of an application made 7 under this subsection shall make the alternative technology or 8 method available for use BY ANY COAL OPERATOR IN THIS <-- 9 COMMONWEALTH, but shall not be construed to require that a coal 10 mine operator use such approved alternative technology or 11 method. Upon receipt of an application, the advisory committee 12 shall conduct an investigation, which investigation shall 13 include consultation with a representative or representatives of 14 the major trade association representing coal operators in this 15 Commonwealth and with a representative or representatives of the 16 major employee organization representing coal miners in this 17 Commonwealth. 18 (h) Upon application of a coal mine operator, the advisory 19 committee shall consider SITE-SPECIFIC requests for site- <-- 20 specific use of alternative diesel-related health and safety 21 technologies on a mine-by-mine basis. Upon receipt of an <-- 22 TECHNOLOGIES. THE COMMITTEE'S RECOMMENDATIONS ON APPLICATIONS <-- 23 SUBMITTED UNDER THIS SUBSECTION SHALL BE ON A MINE-BY-MINE 24 BASIS. UPON RECEIPT OF A SITE-SPECIFIC application, the advisory 25 committee shall conduct an investigation, which investigation 26 shall include consultation with the mine operator and the 27 authorized representatives of the miners at the mine. Authorized 28 representatives of the miners shall include a mine health and 29 safety committee elected by miners at the mine, a person or 30 persons employed by an employee organization representing miners 19960H2828B4050 - 37 -
1 at the mine, or a person or persons authorized as the 2 representative or representatives of miners of the mine in 3 accordance with MSHA regulations at 30 CFR Pt. 40 (relating to 4 representative of miners). Where there is no authorized 5 representative of the miners, the advisory committee shall 6 consult with a reasonable number of miners at the mine. 7 (i) (1) Within one hundred eighty days of receipt of an 8 application for use of alternative technologies or methods for <-- 9 general underground mining industry application or for site 10 specific use, the advisory committee shall complete its 11 investigation and make a recommendation to the secretary. The 12 time period may be extended with the consent of the applicant. 13 (2) The advisory committee shall only recommend approval of <-- 14 an application made under this section if, at the conclusion of 15 the investigation, the committee has made a unanimous 16 determination that the use of the alternative technology or 17 method shall not reduce or compromise the level of health and 18 safety protection afforded by this article. 19 (3) Any advisory committee recommendation to the secretary 20 for approval of an application made under this section for use 21 of alternative technologies or methods shall be made only by 22 unanimous consent of the advisory committee and shall be made in 23 writing and shall include the results of its investigation and 24 specific conditions of use for the alternative technology or 25 method. 26 (4) An advisory committee decision to reject an application 27 made under this section for use of alternative technologies or 28 methods shall be made in writing to the secretary. A decision to 29 reject shall be made by unanimous consent of the advisory 30 committee, or if the advisory committee fails to reach a 19960H2828B4050 - 38 -
1 unanimous decision at the conclusion of its investigation, an 2 application shall be considered to have been rejected. Further, 3 if the advisory committee fails to reach a unanimous decision 4 and make a report to the secretary within one hundred eighty 5 days, this inaction shall be deemed to be an explicit rejection. 6 (5) All recommendations made by the advisory committee to 7 the secretary for approval or an advisory committee decision to 8 reject an application, made under this section shall state the 9 basis for such recommendation. 10 (j) Within thirty days of receipt of the advisory 11 committee's recommendation to approve an application, made under 12 this section, the secretary shall approve or reject, without 13 modification except as unanimously approved by the advisory 14 committee, the advisory committee's recommendations, including 15 all recommended conditions of use. Any alternative technologies 16 or methods approved by the secretary shall not reduce or 17 compromise the level of health and safety protection afforded by 18 this article. The time period for the secretary's decision may 19 be extended with the consent of the applicant. Failure of the 20 secretary to act within the specified time period, or the time 21 period as extended, shall result in adoption of the advisory 22 committee's recommendation as a final action of the secretary. 23 (k) The advisory committee shall develop conditions of use 24 for the use of diesel-powered equipment in shaft and slope 25 construction operations at coal mines. All conditions of use 26 proposed by the advisory committee shall be considered by the 27 secretary and shall be adopted or rejected by the secretary 28 without modification except as approved by the advisory 29 committee. 30 (l) In performing its functions, the advisory committee 19960H2828B4050 - 39 -
1 shall have access to the services of the department. The 2 secretary shall make clerical support and assistance available 3 to enable the advisory committee to carry out its duties. Upon 4 the request of both members of the advisory committee, the 5 secretary shall draft proposed conditions of use and reports or 6 make investigations. 7 (m) Any action taken by the advisory committee or the 8 secretary to either approve or reject the use of an alternative 9 technology or method under subsection (g), (h) or (j) shall be 10 final and binding and not subject to further review except where 11 a decision by the advisory committee or the secretary may be 12 deemed to be an abuse of discretion or contrary to law. If any 13 party affected by a decision of the advisory committee or the 14 secretary believes that the decision is an abuse of discretion 15 or contrary to law, that party may file a petition for review 16 with the Commonwealth Court in accordance with Pa. R.A.P. Ch. 15 17 (relating to judicial review of governmental determinations) 18 within thirty days of the decision of the advisory committee or 19 the secretary, as the case may be. The court, in finding that 20 any decision made by the advisory committee or the secretary is 21 an abuse of discretion or contrary to law, shall remand the case 22 to the advisory committee and the secretary for further 23 proceedings, subject to further appeal under this review 24 process. 25 (n) The powers and duties of the advisory committee shall be 26 limited to the matters regarding the use of diesel-powered 27 equipment in underground coal mines. 28 (o) Appropriations for the operation of the advisory 29 committee and to implement the provisions of this article shall 30 be made to a special account established for that purpose in the 19960H2828B4050 - 40 -
1 general government fund of the department. The account shall be 2 separate from any other accounts of, or appropriations for, the 3 department. 4 (2) THE ADVISORY COMMITTEE SHALL FORWARD TO THE SECRETARY <-- 5 THREE POSSIBLE RECOMMENDATIONS: 6 (I) A UNANIMOUS RECOMMENDATION TO APPROVE THE APPLICATION 7 FOR USE OF ALTERNATIVE TECHNOLOGIES OR METHODS; 8 (II) A UNANIMOUS RECOMMENDATION TO REJECT THE APPLICATION 9 FOR USE OF ALTERNATIVE TECHNOLOGIES OR METHODS; OR 10 (III) A DIVIDED RECOMMENDATION WHERE ONE MEMBER OF THE 11 ADVISORY COMMITTEE RECOMMENDS APPROVAL OF THE APPLICATION FOR 12 USE OF ALTERNATIVE TECHNOLOGIES OR METHODS AND ONE MEMBER OF THE 13 ADVISORY COMMITTEE RECOMMENDS REJECTION OF THE APPLICATION FOR 14 USE OF ALTERNATIVE TECHNOLOGIES OR METHODS. 15 (3) IN THE EVENT RECOMMENDATIONS DESCRIBED IN SUBCLAUSES (I) 16 AND (II) OF CLAUSE (2) ARE FORWARDED TO THE SECRETARY BY THE 17 ADVISORY COMMITTEE, THE SECRETARY SHALL HAVE THIRTY DAYS IN 18 WHICH TO RENDER A FINAL DECISION ADOPTING OR REJECTING THE 19 ADVISORY COMMITTEE'S RECOMMENDATION AND THE APPLICATION. IN THE 20 EVENT OF A DIVIDED RECOMMENDATION AS DESCRIBED IN SUBCLAUSE 21 (III) OF CLAUSE (2), THE SECRETARY SHALL CONVENE, WITHIN THIRTY 22 DAYS, A MEETING WITH THE MEMBERS OF THE ADVISORY COMMITTEE TO 23 DISCUSS THE REASONS FOR THE DIVIDED RECOMMENDATION AND TO 24 DETERMINE WHETHER ADDITIONAL INFORMATION AND FURTHER DISCUSSION 25 MIGHT RESULT IN A UNANIMOUS RECOMMENDATION BY THE ADVISORY 26 COMMITTEE. THE SECRETARY SHALL RENDER A DECISION ON THE 27 APPLICATION WITHIN THIRTY DAYS FROM THE DATE OF THE MEETING WITH 28 THE ADVISORY COMMITTEE. 29 (4) THE ADVISORY COMMITTEE MEMBERS SHALL ONLY RECOMMEND 30 APPROVAL OF AN APPLICATION MADE UNDER THIS SECTION IF, AT THE 19960H2828B4050 - 41 -
1 CONCLUSION OF THE INVESTIGATION, THE COMMITTEE MEMBERS HAVE MADE 2 A DETERMINATION THAT THE USE OF THE ALTERNATIVE TECHNOLOGY OR 3 METHOD SHALL NOT REDUCE OR COMPROMISE THE LEVEL OF HEALTH AND 4 SAFETY PROTECTION AFFORDED BY THIS ARTICLE. 5 (5) ANY ADVISORY COMMITTEE RECOMMENDATION TO THE SECRETARY 6 FOR APPROVAL OF AN APPLICATION MADE UNDER THIS SECTION FOR USE 7 OF ALTERNATIVE TECHNOLOGIES OR METHODS SHALL BE MADE IN WRITING 8 AND SHALL INCLUDE THE RESULTS OF ITS INVESTIGATION AND SPECIFIC 9 CONDITIONS OF USE FOR THE ALTERNATIVE TECHNOLOGY OR METHOD. 10 (6) AN ADVISORY COMMITTEE DECISION TO REJECT AN APPLICATION 11 MADE UNDER THIS SECTION FOR USE OF ALTERNATIVE TECHNOLOGIES OR 12 METHODS SHALL BE MADE IN WRITING TO THE SECRETARY AND SHALL 13 OUTLINE IN DETAIL THE BASIS FOR THE REJECTION. 14 (7) IN THE EVENT OF A DIVIDED VOTE AS DESCRIBED IN SUBCLAUSE 15 (III) OF CLAUSE (2), EACH MEMBER OF THE COMMITTEE SHALL SUBMIT A 16 DETAILED REPORT TO THE SECRETARY WITHIN FOURTEEN DAYS OF THE 17 COMMITTEE'S VOTE OUTLINING THE MEMBER'S POSITION FOR OR AGAINST 18 THE APPLICATION. 19 (J) WITHIN THIRTY DAYS OF RECEIPT OF AN ADVISORY COMMITTEE'S 20 UNANIMOUS RECOMMENDATION TO APPROVE AN APPLICATION MADE UNDER 21 THIS SECTION, THE SECRETARY SHALL APPROVE OR REJECT, WITHOUT 22 MODIFICATION, EXCEPT AS UNANIMOUSLY APPROVED BY THE ADVISORY 23 COMMITTEE, THE ADVISORY COMMITTEE'S RECOMMENDATIONS, INCLUDING 24 ALL RECOMMENDED CONDITIONS OF USE. ANY ALTERNATIVE TECHNOLOGIES 25 OR METHODS APPROVED BY THE SECRETARY SHALL NOT REDUCE OR 26 COMPROMISE THE LEVEL OF HEALTH AND SAFETY PROTECTION AFFORDED BY 27 THIS ARTICLE. THE TIME PERIOD FOR THE SECRETARY'S DECISION MAY 28 BE EXTENDED WITH THE CONSENT OF THE APPLICANT. 29 (K) THE SECRETARY SHALL ESTABLISH, BASED ON RECOMMENDATIONS 30 MADE BY THE ADVISORY COMMITTEE, CONDITIONS OF USE FOR THE USE OF 19960H2828B4050 - 42 -
1 DIESEL-POWERED EQUIPMENT IN SHAFT AND SLOPE CONSTRUCTION 2 OPERATIONS AT COAL MINES. ALL CONDITIONS OF USE PROPOSED BY THE 3 ADVISORY COMMITTEE SHALL BE CONSIDERED BY THE SECRETARY AND 4 SHALL BE ADOPTED OR REJECTED BY THE SECRETARY WITHOUT 5 MODIFICATION, EXCEPT AS APPROVED BY THE ADVISORY COMMITTEE. 6 (L) IN PERFORMING ITS FUNCTIONS, THE ADVISORY COMMITTEE 7 SHALL HAVE ACCESS TO THE SERVICES OF THE DEPARTMENT. THE 8 SECRETARY SHALL MAKE CLERICAL SUPPORT AND ASSISTANCE AVAILABLE 9 TO ENABLE THE ADVISORY COMMITTEE TO CARRY OUT ITS DUTIES. UPON 10 THE REQUEST OF BOTH MEMBERS OF THE ADVISORY COMMITTEE, THE 11 SECRETARY MAY DRAFT PROPOSED CONDITIONS OF USE AND REPORTS OR 12 PERFORM INVESTIGATIONS. 13 (M) ANY ACTION TAKEN BY THE SECRETARY TO EITHER APPROVE OR 14 REJECT THE USE OF AN ALTERNATIVE TECHNOLOGY OR METHOD UNDER 15 SUBSECTION (G), (H) OR (J) SHALL BE FINAL AND BINDING AND NOT 16 SUBJECT TO FURTHER REVIEW EXCEPT WHERE A DECISION BY THE 17 SECRETARY MAY BE DEEMED TO BE AN ABUSE OF DISCRETION OR CONTRARY 18 TO LAW. IF ANY PARTY AFFECTED BY A DECISION OF THE SECRETARY 19 BELIEVES THAT THE DECISION IS AN ABUSE OF DISCRETION OR CONTRARY 20 TO LAW, THAT PARTY MAY FILE A PETITION FOR REVIEW WITH THE 21 COMMONWEALTH COURT IN ACCORDANCE WITH PA. R.A.P. CH. 15 22 (RELATING TO JUDICIAL REVIEW OF GOVERNMENTAL DETERMINATIONS). 23 THE COURT, IN FINDING THAT ANY DECISION MADE BY THE SECRETARY IS 24 AN ABUSE OF DISCRETION OR CONTRARY TO LAW, SHALL VACATE AND, IF 25 APPROPRIATE, REMAND THE CASE. 26 (N) THE POWERS AND DUTIES OF THE ADVISORY COMMITTEE SHALL BE 27 LIMITED TO THE MATTERS REGARDING THE USE OF DIESEL-POWERED 28 EQUIPMENT IN UNDERGROUND COAL MINES. 29 (O) APPROPRIATIONS FOR THE OPERATION OF THE ADVISORY 30 COMMITTEE AND TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE ARE TO 19960H2828B4050 - 43 -
1 BE DERIVED FROM THE GENERAL GOVERNMENT FUND OF THE DEPARTMENT AT 2 THE DISCRETION OF THE SECRETARY. 3 Section 8. Sections 334(b) and 401 heading of the act are 4 amended to read: 5 Section 334. Technological Improvement.--* * * 6 (b) Upon receipt of this proposal, it shall be given 7 preliminary review by the secretary. If such review indicates 8 that the proposal has potential merit, the secretary may, at his 9 discretion, appoint either a commission or a committee 10 consisting of three representatives of the department, three 11 operators' engineers, a representative of the mine employes, and 12 any others he deems pertinent. Such commission or committee 13 shall investigate and review said proposal to determine its 14 effect on safety and property and report their findings in 15 writing to the [Secretary of Mines and Mineral Industries.] 16 secretary. 17 * * * 18 Section 401. Explosion or Accident; Investigation by 19 Department [of Mines and Mineral Industries]; Inquests.--* * * 20 Section 9. All acts and parts of acts are repealed insofar 21 as they are inconsistent with this act. 22 Section 10. This act shall take effect in 60 days. F20L52WMB/19960H2828B4050 - 44 -