PRIOR PRINTER'S NOS. 3921, 4050 PRINTER'S NO. 4116
No. 2828 Session of 1996
INTRODUCED BY S. H. SMITH, DeWEESE, WOZNIAK, PETTIT, FARGO, STAIRS, GEIST, PESCI, HALUSKA, DALEY, COLAIZZO AND LESCOVITZ, JUNE 28, 1996
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 7, 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) and 113 of the act are amended to 24 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 19960H2828B4116 - 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 113. Electrical Inspector; Expenses.--Each 10 electrical inspector may also incur traveling expenses, and such 11 other expenses as may be necessary for the proper discharge of 12 his duties under the provisions of this act. The secretary, 13 through the Department of [Property and Supplies] General 14 Services, shall purchase for the electrical inspectors such 15 instruments and equipment as he deems necessary to assist them 16 in carrying out the duties imposed upon them by this act. 17 Section 3. Section 123 of the act, amended December 21, 1973 18 (P.L.436, No.154), is amended to read: 19 Section 123. Discretionary Power of Mine Inspectors.--The 20 mine inspector shall exercise sound discretion in the 21 performance of his duties under the provisions of this act, and 22 if the operator, superintendent, mine foreman, or other person 23 employed in or about any mine, shall be dissatisfied with any 24 decision the mine inspector has given in the discharge of his 25 duties, which decision shall be in writing, it shall be the duty 26 of the dissatisfied person to appeal from said decision to the 27 secretary, who shall at once appoint a commission to accompany 28 promptly the mine inspector in the district to make further 29 examination into the matter in dispute. If the said commission 30 shall agree with the decision of the mine inspector in the 19960H2828B4116 - 3 -
1 district, their decision shall be final and conclusive, unless 2 an appeal is taken in accordance with the provisions of [the act 3 of June 4, 1945 (P.L.1388, No.442), known as the "Administrative 4 Agency Law."] 2 Pa.C.S. (relating to administrative law and 5 procedure). 6 Section 4. Section 126(b) of the act is amended to read: 7 Section 126. Mine Rescue Station; Equipment; Instructors.--* 8 * * 9 (b) The secretary, with the consent of the Governor, shall 10 have the authority to purchase, through the Department of 11 [Property and Supplies] General Services, two trucks equipped 12 with the necessary breathing apparatus, gas masks, first-aid 13 supplies, analytical apparatus and such other chemical and 14 scientific instruments commonly used and necessary in the work 15 of first aid and mine rescue. The secretary, with the consent of 16 the Governor, shall also have the authority to purchase, through 17 the Department of [Property and Supplies] General Services, such 18 emergency mine rescue trucks and equipment, as in his opinion 19 shall be deemed necessary, for use in mine catastrophies. 20 * * * 21 Section 5. Section 242(c) of the act, amended November 24, 22 1967 (P.L.544, No.266), is amended to read: 23 Section 242. Ventilation Requirements.--* * * 24 (c) Where belt conveyors are installed, main stoppings and 25 regulators shall be so arranged as to reduce the quantity of air 26 traveling in the belt conveyor entry to a minimum for effective 27 ventilation and to provide an intake air split as an escapeway 28 from the face area to the main air current. 29 This provision does not apply to approved mobile belt 30 conveyors when such are considered part of the equipment 19960H2828B4116 - 4 -
1 required for face mining operations, provided doors are 2 installed in all stoppings between the two belt conveyor entries 3 to provide an escapeway in cases of fire, smoke, or any other 4 emergency, providing the application submitted by the operator 5 has the approval of a Commission of Mine Inspectors designated 6 by the [Secretary of Mines and Mineral Industries.] secretary. 7 * * * 8 Section 6. Section 269(b) of the act is amended to read: 9 Section 269. Underground Equipment; Use and Maintenance.--* 10 * * 11 (b) Underground equipment powered by internal combustion 12 engines using petroleum products, alcohol, or any other compound 13 shall not be used in a coal mine unless such equipment has been 14 approved by the secretary for underground use in bituminous coal 15 mines[.] and the equipment is operated and maintained in 16 compliance with Article II-A. 17 * * * 18 Section 7. The act is amended by adding an article to read: 19 ARTICLE II-A. 20 DIESEL-POWERED EQUIPMENT 21 Section 201-A. Underground Use.--(a) Underground use of 22 inby and outby diesel-powered equipment, including mobile 23 equipment, stationary equipment and equipment of all horsepower 24 ratings, may only be approved, operated and maintained as 25 provided in this article, except for emergency firefighting 26 equipment to be used specifically for that purpose. 27 (b) All diesel-powered equipment shall be attended while in 28 operation with the engine running in underground mines. For 29 purposes of this paragraph, "attended" shall mean an equipment 30 operator is within sight or sound of the diesel-powered 19960H2828B4116 - 5 -
1 equipment. 2 (c) Inby and outby diesel-powered equipment may be used in 3 underground mines if the inby or outby diesel-powered equipment 4 uses an engine approved or certified by MSHA, as applicable, for 5 inby or outby use that, when tested at the maximum fuel-air 6 ratio, does not require an MSHA approval plate ventilation rate 7 exceeding 150 c.f.m. per rated horsepower. 8 Section 202-A. Diesel-Powered Equipment Package.--(a) All 9 diesel-powered equipment shall be approved by the department as 10 a complete diesel-powered equipment package which shall be 11 subject to all of the requirements, standards and procedures set 12 forth in this article. 13 (b) Diesel engines shall be certified or approved, as 14 applicable, by MSHA and maintained in accordance with MSHA 15 certification or approval and department approval. 16 Section 203-A. Exhaust Emissions Control.--(a) (1) 17 Underground diesel-powered equipment shall include an exhaust 18 emissions control and conditioning system that has been 19 laboratory tested with the diesel engine, except as provided in 20 paragraph (3), using the ISO 8178-1 test and has resulted in 21 diesel particulate matter emissions that do not exceed an 22 average concentration of 0.12 mg over m to the third power when 23 diluted by fifty per cent of the MSHA approval plate ventilation 24 rate for that diesel engine. 25 (2) The exhaust emissions control and conditioning system 26 shall be required to successfully complete a single series of 27 laboratory tests conducted at a laboratory accepted by the 28 secretary for each diesel engine, except as provided in 29 paragraph (3). 30 (3) An exhaust emissions control and conditioning system may 19960H2828B4116 - 6 -
1 be approved for multiple diesel engine applications through a 2 single series of laboratory tests, known as the ISO 8178-1 test, 3 only if data is provided to the advisory committee that reliably 4 verifies that the exhaust emissions control and conditioning 5 system will meet, for each diesel engine, the in-laboratory 6 diesel particulate matter standard established by this 7 subsection. Data provided to satisfy this provision shall 8 include diesel particulate matter production rates for the 9 specified engine as measured during the ISO 8178-1 test, if 10 available. If ISO 8178-1 test data for diesel particulate matter 11 production is not available for a specified engine, comparable 12 data may be provided to the advisory committee that reliably 13 verifies that the exhaust emissions control and conditioning 14 system will meet, for the specified diesel engine, the in- 15 laboratory diesel particulate matter standard established by 16 this subsection. This standard shall only be used for in- 17 laboratory testing for approval of diesel-powered equipment for 18 use underground. 19 (b) The exhaust emissions control and conditioning system 20 shall include the following: 21 (1) A Diesel Particulate Matter (DPM) filter capable of an 22 average of ninety-five per cent or greater reduction of DPM 23 emissions. 24 (2) An oxidation catalyst or other gaseous emissions control 25 device capable of reducing undiluted carbon monoxide emissions 26 to 100 ppm or less under all conditions of operation at normal 27 engine operating temperature range. 28 (3) An engine surface temperature control capable of 29 maintaining significant external surface temperatures below 30 three hundred two degrees Fahrenheit. 19960H2828B4116 - 7 -
1 (4) A heat exchanger capable of reducing the exhaust gas 2 temperature below three hundred two degrees Fahrenheit. 3 (5) An automatic engine shutdown system that will shut off 4 the engine before the exhaust gas temperature reaches three 5 hundred two degrees Fahrenheit, and, if waterjacketed components 6 are used, before the engine coolant temperature reaches two 7 hundred twelve degrees Fahrenheit. A warning shall be provided 8 to alert the equipment operator prior to engine shutdown. 9 (6) A spark arrestor system. 10 (7) A flame arrestor system. 11 (8) A sampling port for measurement of undiluted and 12 untreated exhaust gases as they leave the engine. 13 (9) A sampling port for measurement of treated, undiluted 14 exhaust gases before they enter the mine atmosphere. 15 (10) For inby diesel equipment, any additional requirements 16 of MSHA regulations at 30 CFR Pt. 36 (relating to mobile diesel- 17 powered transportation equipment for gassy noncoal mines and 18 tunnels). 19 (c) On-board engine performance and maintenance diagnostics 20 systems shall be capable of continuously monitoring and giving 21 read-outs for clauses (1), (2), (3), (4), (5), (6), (7) and (8) 22 of this subsection. The diagnostics system shall identify levels 23 that exceed the engine and/or component manufacturer's 24 recommendation or the applicable MSHA or bureau requirements as 25 to the following: 26 (1) Engine speed. 27 (2) Operating hour meter. 28 (3) Total intake restriction. 29 (4) Total exhaust back pressure. 30 (5) Cooled exhaust gas temperature. 19960H2828B4116 - 8 -
1 (6) Coolant temperature. 2 (7) Engine oil pressure. 3 (8) Engine oil temperature. 4 (d) The DPEP shall include a quality control plan for 5 assuring that the diesel fuel used shall be a low volatile 6 hydrocarbon fuel classified as ASTM D975 fuel with a cetane 7 index of at least 45, a maximum aromatic content of thirty-five 8 per cent, a sulfur mass of less than five hundredths of one per 9 cent and a flash point of one hundred degrees Fahrenheit or 10 greater at standard temperature and pressure. 11 Section 204-A. Ventilation.--(a) Minimum quantities of 12 ventilating air where diesel-powered equipment is operated shall 13 be maintained pursuant to this section. 14 (b) Each specific model of diesel-powered equipment shall be 15 approved by the department before it is taken underground. The 16 department shall require an approval plate that must be attached 17 to each piece of the diesel-powered equipment. The approval 18 plate shall specify the minimum ventilating air quantity for the 19 specific piece of diesel-powered equipment. The minimum 20 ventilating air quantity shall be determined by the bureau based 21 on the amount of air necessary at all times to maintain the 22 exhaust emissions at levels not exceeding the exposure limits 23 established in section 219-A. 24 (c) The minimum quantities of air in any split where any 25 individual unit of diesel-powered equipment is being operated 26 shall be at least that specified on the approval plate for that 27 equipment. Air quantity measurements to determine compliance 28 with this requirement shall be made at the individual unit of 29 diesel-powered equipment. 30 (d) Where multiple units are operated, the minimum quantity 19960H2828B4116 - 9 -
1 shall be at least one hundred per cent of the highest approval 2 plate air quantity plus seventy-five per cent of the next 3 highest quantity plus fifty per cent of the approval plate 4 quantity of each additional unit operating in that split. Air 5 quantity measurements to determine compliance with this 6 requirement shall be made at the most downwind unit of diesel- 7 powered equipment that is being operated in that air split. 8 (e) The minimum quantities of air in any split where any 9 diesel-powered equipment is operated shall be in accordance with 10 the minimum air quantities required in subsections (a) and (b) 11 and shall be specified in the mine diesel ventilation plan. 12 Section 205-A. Fuel Storage Facilities.--(a) A mobile 13 underground diesel fuel storage facility shall be any facility 14 designed and constructed to provide for the temporary storage of 15 diesel fuel transportation units or the dispensing of diesel 16 fuel. 17 (b) Diesel-powered equipment shall be used underground only 18 with low volatile hydrocarbon fuel classified as ASTM D975 19 diesel fuel with a cetane index of at least 45, a maximum 20 aromatic content of thirty-five per cent, a sulfur mass of less 21 than five hundredths of one per cent and a flash point of one 22 hundred degrees Fahrenheit or greater at standard temperature 23 and pressure. 24 (c) Underground diesel fuel storage facilities shall meet 25 the following general requirements: 26 (1) Fixed underground diesel fuel storage facilities are 27 prohibited. 28 (2) No more than five hundred gallons of diesel fuel shall 29 be stored in each mobile underground diesel fuel storage 30 facility. 19960H2828B4116 - 10 -
1 (d) Mobile underground diesel fuel storage facilities shall 2 be located as follows: 3 (1) at least one hundred feet from shafts, slopes, shops and 4 explosives magazines; 5 (2) at least twenty-five feet from trolley wires, haulage 6 ways, power cables and electric equipment not necessary for the 7 operation of the storage facilities; and 8 (3) in an area that is as dry as practicable. 9 (e) (1) Mobile underground diesel fuel storage facilities 10 shall meet the construction requirements and safety precautions 11 enumerated in this subsection. 12 (2) Mobile underground diesel fuel storage facilities shall 13 meet all of the following: 14 (i) Be constructed of noncombustible materials and provided 15 with a means for automatic enclosure. 16 (ii) Be ventilated directly into the return air course using 17 noncombustible materials. 18 (iii) Be equipped with an automatic fire suppression system 19 complying with section 209-A. 20 (iv) Be equipped with at least two portable twenty-pound 21 multipurpose dry chemical type fire extinguishers. 22 (v) Be marked with conspicuous signs designating combustible 23 liquid storage. 24 (vi) Be included in the pre-shift examination. 25 (3) Welding or cutting other than that performed in 26 accordance with paragraph (4) shall not be done within fifty 27 feet of a diesel fuel storage facility. 28 (4) When it is necessary to weld, cut or solder pipelines, 29 cylinders, tanks or containers that may have contained diesel 30 fuel, the following requirements shall apply: 19960H2828B4116 - 11 -
1 (i) Cutting or welding shall not be performed on or within 2 containers or tanks that have contained combustible or flammable 3 materials until such containers or tanks have been thoroughly 4 purged and cleaned or inerted and a vent or opening is provided 5 to allow for sufficient release of any buildup pressure before 6 heat is applied. 7 (ii) Diesel fuel shall not be allowed to enter pipelines or 8 containers that have been welded, soldered, brazed or cut until 9 the metal has cooled to ambient temperature. 10 Section 206-A. Transfer of Diesel Fuel.--(a) Diesel fuel 11 shall be transferred as provided in this section. 12 (b) When diesel fuel is transferred by means of a pump and a 13 hose equipped with a nozzle containing a self-closing valve, a 14 powered pump may be used only if: 15 (1) the hose is equipped with a nozzle containing a self- 16 closing valve without a latch-open device; and 17 (2) the pump is equipped with an accessible emergency 18 shutoff switch. 19 (c) Diesel fuel shall not be transferred using compressed 20 gas. 21 (d) Diesel fuel shall not be transferred to the fuel tank of 22 diesel-powered equipment while the equipment's engine is 23 running. 24 (e) Diesel fuel piping systems shall be designed and 25 operated as dry systems. 26 (f) All piping, valves and fittings shall meet the 27 following: 28 (1) Be capable of withstanding working pressures and 29 stresses. 30 (2) Be capable of withstanding four times the static 19960H2828B4116 - 12 -
1 pressures. 2 (3) Be compatible with diesel fuel. 3 (4) Be maintained in a manner that prevents leakage. 4 (g) Vertical pipelines shall have manual shutoff valves 5 installed at the surface filling point and at the underground 6 discharge point. 7 (h) Unburied diesel fuel pipelines shall not exceed three 8 hundred feet in length and shall have shutoff valves located at 9 each end of the unburied pipeline. 10 (i) Horizontal pipelines shall not be used to distribute 11 fuel throughout the mine. 12 (j) Diesel fuel piping systems shall be used only to 13 transport fuel from the surface directly to a single underground 14 diesel fuel transfer point. 15 (k) When boreholes are used, the diesel fuel piping system 16 shall not be located in a borehole with electric power cables. 17 (l) Diesel fuel pipelines located in any shaft shall be 18 included as part of the required examination of the shaft. 19 (m) Diesel fuel piping systems located in entries shall not 20 be located on the same side of the entry as electric cables or 21 power lines. 22 (n) Diesel fuel pipelines shall not be located in any 23 trolley-haulage entry except that they may cross the entry, 24 perpendicular, if buried or otherwise protected from damage and 25 sealed. 26 (o) Diesel fuel piping systems shall be protected to prevent 27 physical damage. 28 Section 207-A. Containers.--(a) Containers for the 29 transport of diesel fuel shall meet the requirements of this 30 section. 19960H2828B4116 - 13 -
1 (b) Diesel fuel shall be transported only in containers 2 specifically designed for the transport of diesel fuel. 3 (c) No more than one safety can, conspicuously marked, shall 4 be transported on a vehicle at any time. 5 (d) Containers other than safety cans used to transport 6 diesel fuel shall be provided with the following: 7 (1) Devices for venting. 8 (2) Self-closing caps. 9 (3) Vent pipes at least as large as the fill or withdrawal 10 connection, whichever is larger, but not less than one and one- 11 fourth inch nominal inside diameter. 12 (4) Liquid tight connections for all container openings that 13 are identified by conspicuous markings and closed when not in 14 use. 15 (5) Shutoff valves located within one inch of the tank shell 16 on each connection through which liquid can normally flow. 17 (e) When tanks are provided with openings for manual 18 gauging, liquid tight caps or covers shall be provided and shall 19 be kept closed when not open for gauging. 20 (f) Containers used for the transport of diesel fuel shall 21 not exceed a capacity of five hundred gallons. 22 (g) Containers, other than safety cans, used for the 23 transport of diesel fuel shall be permanently fixed to the 24 transportation unit. 25 (h) Diesel fuel transportation units shall be transported 26 individually and not with any other cars, except that two diesel 27 fuel transportation units up to a maximum of five hundred 28 gallons each may be transported together. 29 (i) Diesel fuel shall not be transported on conveyor belts. 30 (j) When transporting diesel fuel in containers other than 19960H2828B4116 - 14 -
1 safety cans, a fire extinguisher shall be provided on each end 2 of the transportation unit. The fire extinguishers shall be 3 multipurpose type dry chemical fire extinguishers containing a 4 nominal weight of twenty pounds. 5 (k) Diesel fuel transportation units shall have a fire 6 suppression system that meets the requirements of section 208-A. 7 (l) In mines where trolley wire is used, diesel fuel 8 transportation units shall be provided with insulating material 9 to protect the units from energized trolley wire, and the 10 distance between the diesel fuel transportation unit and the 11 trolley wire shall not be less than twelve inches, or the 12 trolley wire shall be de-energized when diesel fuel 13 transportation units are transported through the area. 14 (m) Unattended diesel fuel transportation units shall be 15 parked only in mobile underground diesel fuel storage 16 facilities. 17 (n) Safety cans shall be used for emergency fueling only. 18 (o) Safety cans shall be clearly marked, have a maximum 19 capacity of five gallons, and be constructed of metal and 20 equipped with a nozzle and self-closing valves. 21 Section 208-A. Fire Suppression for Equipment and 22 Transportation.--(a) Fire suppression systems for diesel- 23 powered equipment and fuel transportation units shall meet the 24 requirements of this section. 25 (b) The system must be an automatic multipurpose dry powder 26 type fire suppression system suitable for the intended 27 application and listed or approved by a nationally recognized 28 independent testing laboratory. Installation requirements are as 29 follows: 30 (1) The system shall be installed in accordance with the 19960H2828B4116 - 15 -
1 manufacturer's specifications and the limitations of the listing 2 or approval. 3 (2) The system shall be installed in a protected location or 4 guarded to minimize physical damage from routine operations. 5 (3) Suppressant agent distribution tubing or piping of the 6 system shall be secured and protected against damage, including 7 pinching, crimping, stretching, abrasion and corrosion. 8 (4) Discharge nozzles of the system shall be positioned and 9 aimed for maximum fire suppression effectiveness in the 10 protected areas. Nozzles shall also be protected against the 11 entrance of foreign materials such as mud, coal dust or rock 12 dust that could prevent proper discharge of suppressant agent. 13 (c) The fire suppression system shall provide automatic fire 14 detection and suppression for all of the following: 15 (1) The engine, transmission, hydraulic pumps and tanks, 16 fuel tanks, exposed brake units, air compressors and battery 17 areas, as applicable, on all diesel-powered equipment. 18 (2) Fuel containers and electric panels or controls used 19 during fuel transfer operations on fuel transportation units. 20 (d) The fire suppression system shall include a system fault 21 and fire alarm annunciator that can be seen and heard by the 22 equipment operator. 23 (e) The fire suppression system shall provide for automatic 24 engine shutdown. Engine shutdown and discharge of suppressant 25 agent may be delayed for a maximum of fifteen seconds after the 26 fire alarm annunciator alerts the operator. 27 (f) At least two manual actuators shall be provided with at 28 least one manual actuator at each end of the equipment. If the 29 equipment is provided with an operator's compartment, one of the 30 mechanical actuators shall be located in the compartment within 19960H2828B4116 - 16 -
1 easy reach of the operator. For stationary equipment, the two 2 manual actuators shall be located with at least one actuator on 3 the stationery equipment and at least one actuator a safe 4 distance away from the equipment and in intake air. 5 Section 209-A. Fire Suppression for Storage Areas.--(a) 6 Fire suppression systems for diesel fuel storage areas shall 7 meet the requirements of this section. 8 (b) The system shall be an automatic multipurpose dry-powder 9 type fire suppression system or other system of equal 10 capability, suitable for the intended application and listed or 11 approved by a nationally recognized independent testing 12 laboratory. The system shall meet the following installation 13 requirements: 14 (1) The system shall be installed in accordance with the 15 manufacturer's specifications and the limitations of the listing 16 or approval. 17 (2) The system shall be installed in a protected location or 18 guarded to minimize physical damage from routine operations. 19 (3) Suppressant agent distribution tubing or piping of the 20 system shall be secured and protected against damage, including 21 pinching, crimping, stretching, abrasion and corrosion. 22 (4) Discharge nozzles of the system shall be positioned and 23 aimed for maximum fire suppression effectiveness in the 24 protected areas. Nozzles must also be protected against the 25 entrance of foreign materials such as mud, coal dust and rock 26 dust that could prevent proper discharge of suppressant agent. 27 (c) The fire suppressant system shall provide automatic fire 28 detection and suppression for the fuel storage tanks, 29 containers, safety cans, pumps, electrical panels and control 30 equipment in fuel storage areas. 19960H2828B4116 - 17 -
1 (d) Audible and visual alarms to warn of fire or system 2 faults shall be provided at the protected area and at a surface 3 location that is always staffed when persons are underground. A 4 means shall also be provided for warning all endangered persons 5 in the event of fire. 6 (e) Fire suppression systems shall include two manual 7 actuators with at least one located within the fuel storage 8 facility and at least one located a safe distance away from the 9 storage facility and in intake air. 10 (f) The fire suppression system shall remain operative in 11 the event of electrical system failure. 12 (g) If electrically operated, the detection and actuation 13 circuits shall be monitored and provided with status indicators 14 showing power and circuit continuity. If not electrically 15 operated, a means shall be provided to indicate the functional 16 readiness status of the system. 17 (h) Fire suppression devices shall be visually inspected at 18 least once each week by a person qualified to make such 19 inspection. 20 (i) Each fire suppression device shall be tested and 21 maintained. 22 (j) A record shall be maintained of the inspection required 23 by this paragraph. The record of the weekly inspections shall be 24 maintained at an appropriate location for each fire suppression 25 device. 26 (k) All miners normally assigned to the active workings of a 27 mine shall be instructed about any hazards inherent to the 28 operation of all fire suppression devices installed and, where 29 appropriate, the safeguards available for each device. 30 Section 210-A. Use of Certain Starting Aids Prohibited.--The 19960H2828B4116 - 18 -
1 use of volatile or chemical starting aids is prohibited. 2 Section 211-A. Fueling.--(a) Fueling of diesel-powered 3 equipment shall not be conducted in the intake escapeway unless 4 the mine design and entry configuration make it necessary. In 5 those cases where fueling in the intake escapeway is necessary, 6 the mine operator shall submit a plan for approval to the 7 department outlining the special safety precautions that will be 8 taken to insure the protection of miners. Such plan shall 9 specify a fixed location where fueling will be conducted in the 10 intake escapeway and all other safety precautions that will be 11 taken, which shall include an examination of the area for 12 spillage or fire by a qualified person. 13 (b) Diesel fuel and other combustible materials shall be 14 cleaned up and not be permitted to accumulate anywhere in an 15 underground mine or on diesel-powered or electric equipment 16 located therein. 17 (c) At least one person, specially trained in the cleanup 18 and disposal of diesel fuel spills, shall be on duty at the mine 19 when diesel-powered equipment or mobile fuel transportation 20 equipment is being used or when any fueling of diesel-powered 21 equipment is being conducted. 22 Section 212-A. Fire and Safety Training.--(a) All 23 underground employes at the mine shall receive special 24 instruction related to fighting fires involving diesel fuel. 25 This training may be included in annual refresher training under 26 MSHA regulations at 30 CFR Pt. 48 (relating to training and 27 retraining of miners), or included in the fire drills required 28 under MSHA regulations at 30 CFR § 75.1101-23 (relating to 29 program of instruction; location and use of fire fighting 30 equipment; location of escapeways, exits and routes of travel; 19960H2828B4116 - 19 -
1 evacuation procedures; fire drills). 2 (b) All miners shall be trained in precautions for safe and 3 healthful handling and disposal of diesel-powered equipment 4 filters. All used intake air filters, exhaust diesel particulate 5 matter filters and engine oil filters shall be placed in their 6 original containers or other suitable enclosed containers and 7 removed from the underground mine to the surface. Arrangements 8 will be made for safe handling and disposal of these filters 9 within a timely manner after they have reached the surface. 10 Section 213-A. Maintenance.--(a) Diesel-powered equipment 11 shall be maintained in an approved and safe condition as 12 described in this article or removed from service. Failure of 13 the mine operator to comply with the maintenance requirements of 14 this subsection may result in revocation of the department's 15 approval of the complete diesel-powered equipment package, 16 provided appropriate notification has been given to the mine 17 operator and the procedures of this section have been taken. 18 Upon receiving such notice, the mine operator shall have thirty 19 days to submit a plan to achieve and maintain compliance. Such 20 plan shall be evaluated by the department, and, upon approval, 21 the mine operator shall implement the plan. The department shall 22 monitor the mine operator's compliance. If the department then 23 determines that the mine operator is unable or unwilling to 24 comply, the department shall revoke the mine operator's 25 approval. 26 (b) To acquire and maintain approval of a complete diesel- 27 powered equipment package, the mine operator shall comply with 28 the following requirements: 29 (1) All service, maintenance and repairs of approved 30 complete diesel-powered equipment packages shall be performed by 19960H2828B4116 - 20 -
1 mechanics who are trained and qualified in accordance with 2 section 222-A. 3 (2) Service and maintenance of approved complete diesel- 4 powered equipment packages shall be performed according to: 5 (i) the specified routine maintenance schedule; 6 (ii) on-board performance and maintenance diagnostics 7 readings; 8 (iii) emissions test results; and 9 (iv) component manufacturer's recommendations. 10 Section 214-A. Records.--(a) A record shall be made of all 11 emissions tests, pre-operational examinations and maintenance 12 and repairs of complete diesel-powered equipment packages. The 13 records made pursuant to this section shall meet the 14 requirements of this section. 15 (b) The person performing the emissions test, examination, 16 maintenance or repair shall certify by date, time, engine hour 17 reading and signature that the emissions test, examination, 18 maintenance or repair was made. 19 (c) Records of emissions tests and examinations shall 20 include the specific results of such tests and examinations. 21 (d) Records of maintenance and repairs shall include the 22 work that was performed, any fluids or oil added, parts replaced 23 or adjustments made and the results of any subsequently required 24 emissions testing. 25 (e) Records of pre-operational examinations shall be 26 retained for the previous one hundred-hour maintenance cycle. 27 (f) Records of emissions tests, one hundred-hour maintenance 28 tests and repairs shall be countersigned once each week by the 29 certified mine electrician and mine foreman. 30 (g) All records, except as specified in subsection (e), 19960H2828B4116 - 21 -
1 required by this section shall be retained for at least one year 2 at a surface location at the mine and made available for 3 inspection by the department's district mine inspector and by 4 miners and their representatives. 5 Section 215-A. Duties of Operator.--(a) Prior to using a 6 piece of diesel-powered equipment during a shift, the equipment 7 operator shall conduct an examination as follows: 8 (1) Check the exhaust emissions control and conditioning 9 system components to determine that the components are in place 10 and not damaged or leaking. 11 (2) Assure that the equipment is clean and free of 12 accumulations of combustibles. 13 (3) Assure that the machine is loaded safely. 14 (4) Check for external physical damage. 15 (5) Check for loose or missing connections. 16 (6) Check engine oil level. 17 (7) Check transmission oil level. 18 (8) Check other fluid levels if applicable. 19 (8) Check for hydraulic, coolant and oil leaks. 20 (10) Check fan, water pump and other belts. 21 (11) Check the fan for damage. 22 (12) Check guards. 23 (13) Check the fuel level. 24 (14) Check for fuel leaks. 25 (15) Comply with recordkeeping requirements pursuant to 26 section 214-A. 27 (b) After the engine is started and warmed up, the equipment 28 operator shall conduct an examination as follows: 29 (1) Check all on-board engine performance and maintenance 30 diagnostics system gauges for proper operation and in-range 19960H2828B4116 - 22 -
1 readings. The equipment operator shall immediately shut down the 2 engine and notify the operator if the on-board readings indicate 3 any of the following: 4 (i) Intake restriction at full engine speed is greater than 5 the manufacturer's recommendation. 6 (ii) Exhaust restriction at full engine speed is greater 7 than the manufacturer's recommendation. 8 (iii) Coolant temperature is at or near two hundred twelve 9 degrees Fahrenheit. 10 (iv) Low engine oil pressure. 11 (v) High engine oil temperature. 12 (2) Check safety features, including, but not limited to, 13 the throttle, brakes, steering, lights and horn. 14 (3) Comply with recordkeeping requirements pursuant to 15 section 214-A. 16 Section 216-A. Scheduled Maintenance.--At intervals not 17 exceeding one hundred hours of engine operation, a qualified 18 mechanic shall perform the following maintenance and make all 19 necessary adjustments or repairs or remove the equipment from 20 service: 21 (1) Wash or steam-clean the equipment. 22 (2) Check for and remove any accumulations of coal, coal 23 dust or other combustible materials. 24 (3) Check the equipment for damaged or missing components or 25 other visible defects. 26 (4) Conduct electrical and safety component inspections. 27 (5) Replace engine oil and oil filter. 28 (6) Check the transmission oil level and add oil, if 29 necessary. 30 (7) Check hydraulic oil level and add oil, if necessary. 19960H2828B4116 - 23 -
1 (8) Check the engine coolant level and add coolant, if 2 necessary. 3 (9) Check all other fluid levels and add fluid, if 4 necessary. 5 (10) Check for oil, coolant and other fluid leaks. 6 (11) Inspect the cooling fan, radiator and shroud. Remove 7 any obstructions and make necessary repairs. 8 (12) Check all belts. Tighten or replace if necessary. 9 (13) Check the battery and service as necessary. 10 (14) Check the automatic fire suppression system. 11 (15) Check the portable fire extinguisher. 12 (16) Check the lights. 13 (17) Check the warning devices. 14 (18) With the engine operating, check and replace or repair 15 the following: 16 (i) Oil pressure. 17 (ii) Intake air restriction, at full engine speed. 18 (iii) Exhaust gas restriction, at full engine speed. 19 (iv) Exhaust flame arrestor. 20 (v) All gauges and controls. 21 (19) Conduct repeatable loaded engine operating test in 22 accordance with section 218-A. 23 (20) Evaluate and interpret the results of all of the above 24 tests and examinations and make all necessary repairs or remove 25 equipment from service. 26 (21) Comply with recordkeeping requirements pursuant to 27 section 214-A. 28 Section 217-A. Emissions Monitoring and Control.--(a) 29 Emissions for diesel-powered equipment shall be monitored and 30 controlled as provided in this section. 19960H2828B4116 - 24 -
1 (b) When any diesel-powered machine first enters service at 2 a mine, baseline emission values shall be determined by a 3 qualified mechanic. The qualified mechanic shall: 4 (1) Verify that the seal on the engine fuel injector is in 5 place and that the proper fuel pump is on the equipment. 6 (2) Install a new clean intake air cleaner, measure and 7 record the intake restriction pressure. 8 (3) Check the level of engine oil. 9 (4) Change the engine lubrication oil if not fresh. 10 (5) Check the level of the transmission fluid. 11 (6) Flush the exhaust system and install a new diesel 12 particulate filter, measure and record the exhaust back 13 pressure. 14 (7) Test the brakes. 15 (8) Place the equipment into an intake entry. 16 (9) Set the brakes and chock the wheels. 17 (10) Install the portable carbon monoxide (CO) sampling 18 device into the untreated exhaust gas coupling provided in the 19 operator's cab. 20 (11) Start the engine and allow it to warm up to operating 21 temperature. 22 (12) For mobile equipment, shift into second gear and put 23 the engine at full throttle, or for stationary equipment, induce 24 a load and put the engine at full throttle. 25 (13) Start the CO sampler and measure and record CO levels 26 every minute for five minutes. 27 (14) Comply with recordkeeping requirements pursuant to 28 section 214-A. 29 Section 218-A. Diagnostic Testing.--At intervals not 30 exceeding once every one hundred hours of engine operation, a 19960H2828B4116 - 25 -
1 qualified mechanic shall perform equipment maintenance 2 diagnostic testing of each piece of diesel-powered equipment in 3 the mine. The qualified mechanic shall: 4 (1) verify the identification numbers on the equipment; 5 (2) check the level of the engine lubricating oil; 6 (3) check the level of the transmission fluid; 7 (4) set the brakes and chock the wheels; 8 (5) install the portable CO sampling device into the 9 untreated exhaust port coupling provided in the operator's cab; 10 (6) start the engine and allow it to warm up to operating 11 temperature; 12 (7) check the intake restriction and the exhaust 13 backpressure at high idle speed; 14 (8) if the intake restriction is more than the 15 manufacturer's maximum recommended intake restriction, replace 16 the intake filter with a clean one; 17 (9) if the exhaust backpressure is more than the 18 manufacturer's maximum recommended exhaust backpressure, replace 19 the diesel particulate filter with a clean one and/or clean out 20 the heat exchanger; 21 (10) for mobile equipment, shift into second gear and put 22 the engine at full throttle, or for stationary equipment, induce 23 a load and put engine at full throttle; 24 (11) start the CO sampler and record CO levels every minute 25 for five minutes; 26 (12) install the portable CO sampling device into the 27 treated exhaust port coupling provided in the operator's cab and 28 repeat steps (10) and (11); 29 (13) if the average CO reading for untreated exhaust gas is 30 greater than twice the baseline established under section 217- 19960H2828B4116 - 26 -
1 A(b), or if the average CO reading for treated exhaust gas is 2 greater than 100 ppm, the equipment has failed and must be 3 serviced and retested before it is returned to regular service; 4 and 5 (14) comply with recordkeeping requirements pursuant to 6 section 214-A. 7 Section 219-A. Exhaust Gas Monitoring and Control.--(a) In 8 monitoring and controlling exhaust gases, the ambient 9 concentration of exhaust gases in the mine atmosphere shall not 10 exceed 35 ppm ceiling for carbon monoxide (CO), 25 ppm ceiling 11 for nitric oxide (NO) and 3 ppm ceiling for nitrogen dioxide 12 (NO2). The concentration of these exhaust gases shall be 13 measured at the equipment operator's or equipment attendant's 14 position and inby the last piece of diesel-powered equipment 15 operating in the same split of air. Measurements shall be made 16 weekly or more often if necessary by a qualified person and 17 shall be conducted pursuant to the requirements of this section. 18 (b) Measurement of exhaust gases shall be made with a 19 sampling instrument no less precise than detector tubes. 20 (c) If the concentration of any of the gases listed in 21 subsection (a) is seventy-five per cent or more of its exposure 22 limit, changes to the use of the diesel equipment, the mine 23 ventilation or other modifications to the mining process shall 24 be made. 25 (d) If the concentration of any of the gases listed in 26 subsection (a) exceeds the exposure limit, the diesel equipment 27 operating in that split shall be removed from service 28 immediately and corrective action taken. After corrective action 29 has been taken by the mine operator, the diesel equipment may be 30 returned to service in its regular operating mode for emissions 19960H2828B4116 - 27 -
1 testing purposes only, and emissions testing shall be conducted 2 immediately to assure that the concentration does not exceed 3 seventy-five per cent of the exposure limit. Corrective action 4 must be taken until the concentration does not exceed seventy- 5 five per cent of the exposure limit before the diesel equipment 6 can be returned to full operation. 7 (e) In addition to the other maintenance requirements set 8 forth in this article, the mine operator shall comply with the 9 following requirements: 10 (1) Repair or adjustment of the fuel injection system shall 11 only be performed by qualified mechanics authorized by the 12 engine manufacturer. 13 (2) Complete testing of the emissions system in accordance 14 with section 218-A shall be conducted prior to any piece of 15 diesel-powered equipment being put into service, after any 16 repair or adjustment to the fuel delivery system, engine timing 17 or exhaust emissions control and conditioning system. 18 (3) Service and maintenance of the intake air filter, 19 exhaust particulate filter and the exhaust system shall be 20 performed at specific time intervals based on the component 21 manufacturers recommendation, compliance with the engine or 22 emissions control operation specifications and, as needed, based 23 on the on-board diagnostics and/or emissions test results. 24 Accurate records shall be maintained of all such service and 25 maintenance. 26 Section 220-A. Training and General Requirements.--(a) All 27 training course instructors and all training plans required by 28 this section and sections 221-A and 222-A shall be approved by 29 the department. Operator training and qualification shall meet 30 the requirements of this section. 19960H2828B4116 - 28 -
1 (b) Training shall be conducted in the basics of the 2 operation of a diesel engine, Federal and State regulations 3 governing their use, company rules for safe operation, specific 4 features of each piece of equipment and the ability to recognize 5 problems shall be provided to each equipment operator and the 6 mine health and safety committee if one exists. This training 7 shall be designed to bring every operator to a level of good 8 understanding of diesel equipment operation. Each operator will 9 be qualified by attending a minimum eight-hour course including 10 classroom training on diesel fundamentals and equipment specific 11 hands-on training on the job. 12 (c) Upon successful completion of both training sessions, 13 the operator shall be issued a Certificate of Qualification that 14 qualifies him or her to operate a specific type of diesel- 15 powered equipment. An operator may be qualified to operate more 16 than one type of equipment by completing additional equipment- 17 specific training covering differences specific to each 18 additional type of equipment. 19 (d) Refresher training, separate from that required by MSHA 20 regulations at 30 CFR Pt. 48 (relating to the training and 21 retraining of miners), shall be required annually. 22 (e) The minimum eight-hour training required by subsection 23 (b) shall include instruction in the following classroom 24 subjects: 25 (1) Engine fundamentals, which shall include an introduction 26 to the function of a diesel engine and recognition of all major 27 components and their functions. 28 (2) Diesel regulations, which shall include an introduction 29 to Federal and State regulations governing the use of diesel 30 equipment. 19960H2828B4116 - 29 -
1 (3) Diesel emissions, which shall include an introduction to 2 diesel emissions and their adverse health effects. 3 (4) Factors that affect diesel emissions, which shall 4 include a detailed presentation of engine faults and diesel fuel 5 quality and their effect on emissions and the preventive actions 6 that can be taken to minimize emissions levels. 7 (5) Emissions control devices, which shall include a 8 detailed presentation of the different emissions control devices 9 employed to reduce emissions and details about actions the 10 operator must take to keep the devices in working order. 11 (6) Diagnostic techniques, which shall include a 12 presentation of techniques that can be employed by the operator 13 to assure the equipment is in safe operating condition and 14 instruction about how to recognize and diagnose certain engine 15 faults that may cause increases in emissions. 16 (7) The pre-operational inspection, which shall include a 17 presentation of the purpose, benefits and requirements of the 18 pre-operational inspection. 19 (8) Ventilation, which shall include an introduction to 20 special ventilation requirements for areas where diesel-powered 21 equipment will operate. 22 (9) Fire Suppression System, which shall include an 23 introduction to the fire suppression system and its function and 24 when and how to activate the fire suppression manually. 25 (10) Operating rules, which shall include a detailed 26 presentation of the driving rules, safe driving speeds, traffic 27 control devices and equipment limitations. 28 (11) Emergency procedures, which shall include discussion of 29 emergency situations, such as fire, diesel fuel spills, 30 component failure, loss of ventilation air and emergency escape 19960H2828B4116 - 30 -
1 procedures and discussion of the potential use of the diesel- 2 powered vehicle as an emergency escape vehicle in case of a mine 3 emergency situation. 4 (12) Recordkeeping and reporting procedures, which shall 5 include a presentation on required recordkeeping and reporting 6 procedures for problems or unsafe conditions, high emissions 7 level and pre-operational inspections made by the equipment 8 operator. 9 (f) A new Certificate of Qualification shall be issued 10 annually after the equipment operator has received the annual 11 refresher training. 12 Section 221-A. Equipment-Specific Training.--Equipment- 13 specific, hands-on orientation training shall be given in an 14 area of the mine where the equipment will be operated. This 15 orientation shall be specific to the type and make of the diesel 16 machine and shall be presented in small groups. The following 17 subjects shall be included in the training: 18 (1) Equipment layout, which shall include familiarization 19 with the layout of the equipment, the operator's compartments 20 and the controls. 21 (2) Pre-operation inspection, which shall include 22 familiarization with the pre-operation inspection procedure and 23 review of specific details of the inspection and location of the 24 components to be inspected. 25 (3) Equipment limitations, which shall include instruction 26 relating to equipment performance, speeds, capacities and blind 27 areas. 28 (4) Operating areas, which shall include instruction 29 relating to areas in which the equipment may be operated. 30 (5) Operation, which shall include familiarization with the 19960H2828B4116 - 31 -
1 controls, gauges and warning devices and safe operating limits 2 of all indicating gauges. 3 (6) Refueling procedure which shall include familiarization 4 with fuel handling, permissible refueling areas, spill 5 prevention, cleanup and potential hazards from diesel fuel. 6 (7) Emergency devices, which shall include instruction 7 relating to the location and use of the fire extinguisher and 8 fire suppression devices. 9 (8) Driving practice, which shall include supervised 10 operation of the equipment. 11 Section 222-A. Diesel Mechanic Training.--(a) Diesel 12 mechanic training and qualification shall meet the requirements 13 of this section. 14 (b) Diesel mechanics shall be trained and qualified to 15 perform maintenance, repairs and testing of the features of 16 diesel equipment certified by MSHA and the department. 17 (c) To be qualified, a diesel mechanic must successfully 18 complete a minimum of sixteen hours of a training program 19 approved by the department regarding the general function, 20 operation, maintenance and testing of emissions control and 21 conditioning components. The diesel mechanic must be qualified 22 to perform these tasks on the specific machines used at the mine 23 or mines where they are employed. Additional engine-specific 24 training shall be provided to diesel mechanics in accordance 25 with a plan approved by the department. 26 (d) Annual retraining programs for diesel mechanics shall be 27 required and approved by the department. The annual retraining 28 shall include refresher training as well as new procedure and 29 new technology training as necessary. Such training shall be 30 separate from refresher training pursuant to MSHA regulations at 19960H2828B4116 - 32 -
1 30 CFR Pt. 48 (relating to training and retraining of miners) 2 and electrical training required by MSHA. 3 (e) The minimum sixteen-hour diesel mechanic training 4 programs shall be submitted for approval to the department and 5 shall include training in the following minimum subject 6 requirements: 7 (1) Federal and State requirements regulating the use of 8 diesel equipment. 9 (2) Company policies and rules related to the use of diesel 10 equipment. 11 (3) Emissions control system design and component technical 12 training. 13 (4) On-board engine performance and maintenance diagnostics 14 system design and component technical training. 15 (5) Service and maintenance procedures and requirements for 16 the emissions control systems. 17 (6) Emissions testing procedures and evaluation and 18 interpretation of test results. 19 (7) Troubleshooting procedures for the emissions control 20 systems. 21 (8) Fire protection systems test and maintenance. 22 (9) Fire and ignition sources and their control and 23 elimination. 24 (10) Fuel system maintenance and safe fueling procedures. 25 (11) Intake air system design and components technical 26 training and maintenance procedures. 27 (12) Engine shutdown device tests and maintenance. 28 (13) Special instructions regarding components, such as the 29 fuel injection system, that shall only be repaired and adjusted 30 by a qualified mechanic who has received special training and is 19960H2828B4116 - 33 -
1 authorized to make such repairs or adjustments by the component 2 manufacturer. 3 (14) Instruction on recordkeeping requirements for 4 maintenance procedures and emissions testing. 5 (15) Other subjects determined by the department to be 6 necessary to address specific health and safety needs. 7 Section 223-A. Operation of Diesel-Powered Equipment.--(a) 8 In addition to other requirements of this article, diesel- 9 powered equipment shall be operated pursuant to the standards 10 set forth in this section. 11 (b) All diesel-powered equipment shall be attended while in 12 operation with the engine running in underground mines. 13 (c) Unnecessary idling of diesel-powered equipment shall be 14 prohibited. 15 (d) All roadways where diesel-powered equipment is operated 16 shall be maintained as free as practicable from bottom 17 irregularities, debris and wet or muddy conditions that will 18 affect control of the equipment. 19 (e) Operating speeds shall be consistent with conditions of 20 roadways, grades, clearances, visibility and traffic and type of 21 equipment used. 22 (f) Equipment operators shall have full control of the 23 mobile equipment while it is in motion. 24 (g) Traffic rules, including speed, signals and warning 25 signs, shall be standardized at each mine and posted. 26 (h) All diesel-powered equipment shall be maintained in a 27 safe and healthful operating condition. Equipment in an unsafe 28 or unhealthful condition or not maintained in accordance with 29 the engine or emissions control operating specifications shall 30 be removed from service immediately and shall not be returned to 19960H2828B4116 - 34 -
1 service until all necessary corrective actions have been taken. 2 Section 224-A. Technical Advisory Committee on Diesel- 3 Powered Equipment.--(a) There is hereby created a Technical 4 Advisory Committee on Diesel-Powered Equipment for the purpose 5 of advising the secretary regarding implementation of this 6 article and evaluation of alternative technology or methods for 7 meeting the requirements for diesel-powered equipment as set 8 forth in this article. Any alternative technology or methods 9 recommended by the advisory committee and/or approved by the 10 secretary shall not reduce or compromise the level of health and 11 safety protection afforded by this article. 12 (b) The advisory committee shall consist of two members who 13 shall be residents of this Commonwealth and appointed by the 14 Governor. The Governor shall appoint one member to represent the 15 viewpoint of the coal operators in this Commonwealth within 16 thirty days from receipt of a list containing one or more 17 nominees submitted by the major trade association representing 18 coal operators in this Commonwealth, and shall also appoint one 19 member to represent the viewpoint of the working miners in this 20 Commonwealth within thirty days from receipt of a list 21 containing one or more nominees submitted by the highest ranking 22 official within the major employee organization representing 23 coal miners in this Commonwealth. 24 (c) Members of the advisory committee shall be appointed for 25 a term of three years. If renominated and reappointed, a member 26 may serve up to three successive three-year terms. 27 (d) Members of the advisory committee shall be compensated 28 on a per diem basis of one hundred fifty dollars ($150) per day 29 plus all reasonable expenses incurred while performing their 30 official duties. 19960H2828B4116 - 35 -
1 (e) The advisory committee shall meet at least twice during 2 each calendar year or more often as may be necessary. 3 (f) All actions of the advisory committee shall require the 4 participation of both members which shall constitute a quorum. 5 (g) Upon application of a coal miner, coal mine operator, 6 diesel-related technology manufacturer, or on its own motion, 7 the advisory committee shall consider requests for the use of 8 alternative diesel-related health and safety technologies with 9 general underground mining industry application that are 10 consistent with this article. Approval of an application made 11 under this subsection shall make the alternative technology or 12 method available for use by any coal operator in this 13 Commonwealth, but shall not be construed to require that a coal 14 mine operator use such approved alternative technology or 15 method. Upon receipt of an application, the advisory committee 16 shall conduct an investigation, which investigation shall 17 include consultation with a representative or representatives of 18 the major trade association representing coal operators in this 19 Commonwealth and with a representative or representatives of the 20 major employee organization representing coal miners in this 21 Commonwealth. 22 (h) Upon application of a coal mine operator, the advisory 23 committee shall consider site-specific requests for use of 24 alternative diesel-related health and safety technologies. The 25 committee's recommendations on applications submitted under this 26 subsection shall be on a mine-by-mine basis. Upon receipt of a 27 site-specific application, the advisory committee shall conduct 28 an investigation, which investigation shall include consultation 29 with the mine operator and the authorized representatives of the 30 miners at the mine. Authorized representatives of the miners 19960H2828B4116 - 36 -
1 shall include a mine health and safety committee elected by 2 miners at the mine, a person or persons employed by an employee 3 organization representing miners at the mine, or a person or 4 persons authorized as the representative or representatives of 5 miners of the mine in accordance with MSHA regulations at 30 CFR 6 Pt. 40 (relating to representative of miners). Where there is no 7 authorized representative of the miners, the advisory committee 8 shall consult with a reasonable number of miners at the mine. 9 (i) (1) Within one hundred eighty days of receipt of an 10 application for use of alternative technologies or methods, the 11 advisory committee shall complete its investigation and make a 12 recommendation to the secretary. The time period may be extended 13 with the consent of the applicant. 14 (2) The advisory committee shall forward to the secretary 15 three possible recommendations: 16 (i) a unanimous recommendation to approve the application 17 for use of alternative technologies or methods; 18 (ii) a unanimous recommendation to reject the application 19 for use of alternative technologies or methods; or 20 (iii) a divided recommendation where one member of the 21 advisory committee recommends approval of the application for 22 use of alternative technologies or methods and one member of the 23 advisory committee recommends rejection of the application for 24 use of alternative technologies or methods. 25 (3) In the event recommendations described in subclauses (i) 26 and (ii) of clause (2) are forwarded to the secretary by the 27 advisory committee, the secretary shall have thirty days in 28 which to render a final decision adopting or rejecting the 29 advisory committee's recommendation and the application. In the 30 event of a divided recommendation as described in subclause 19960H2828B4116 - 37 -
1 (iii) of clause (2), the secretary shall convene, within thirty 2 days, a meeting with the members of the advisory committee to 3 discuss the reasons for the divided recommendation and to 4 determine whether additional information and further discussion 5 might result in a unanimous recommendation by the advisory 6 committee. The secretary shall render a decision on the 7 application within thirty days from the date of the meeting with 8 the advisory committee. 9 (4) The advisory committee members shall only recommend 10 approval of an application made under this section if, at the 11 conclusion of the investigation, the committee members have made 12 a determination that the use of the alternative technology or 13 method shall not reduce or compromise the level of health and 14 safety protection afforded by this article. 15 (5) Any advisory committee recommendation to the secretary 16 for approval of an application made under this section for use 17 of alternative technologies or methods shall be made in writing 18 and shall include the results of its investigation and specific 19 conditions of use for the alternative technology or method. 20 (6) 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 and shall 23 outline in detail the basis for the rejection. 24 (7) In the event of a divided vote as described in subclause 25 (iii) of clause (2), each member of the committee shall submit a 26 detailed report to the secretary within fourteen days of the 27 committee's vote outlining the member's position for or against 28 the application. 29 (j) Within thirty days of receipt of an advisory committee's 30 unanimous recommendation to approve an application made under 19960H2828B4116 - 38 -
1 this section, the secretary shall approve or reject, without 2 modification, except as unanimously approved by the advisory 3 committee, the advisory committee's recommendations, including 4 all recommended conditions of use. Any alternative technologies 5 or methods approved by the secretary shall not reduce or 6 compromise the level of health and safety protection afforded by 7 this article. The time period for the secretary's decision may 8 be extended with the consent of the applicant. 9 (k) The secretary shall establish, based on recommendations 10 made by the advisory committee, conditions of use for the use of 11 diesel-powered equipment in shaft and slope construction 12 operations at coal mines. All conditions of use proposed by the 13 advisory committee shall be considered by the secretary and 14 shall be adopted or rejected by the secretary without 15 modification, except as approved by the advisory committee. 16 (l) In performing its functions, the advisory committee 17 shall have access to the services of the department. The 18 secretary shall make clerical support and assistance available 19 to enable the advisory committee to carry out its duties. Upon 20 the request of both members of the advisory committee, the 21 secretary may draft proposed conditions of use and reports or 22 perform investigations. 23 (m) Any action taken by the secretary to either approve or 24 reject the use of an alternative technology or method under 25 subsection (g), (h) or (j) shall be final and binding and not 26 subject to further review except where a decision by the 27 secretary may be deemed to be an abuse of discretion or contrary 28 to law. If any party affected by a decision of the secretary 29 believes that the decision is an abuse of discretion or contrary 30 to law, that party may file a petition for review with the 19960H2828B4116 - 39 -
1 Commonwealth Court in accordance with Pa. R.A.P. Ch. 15 2 (relating to judicial review of governmental determinations). 3 The court, in finding that any decision made by the secretary is 4 an abuse of discretion or contrary to law, shall vacate and, if 5 appropriate, remand the case. 6 (n) The powers and duties of the advisory committee shall be 7 limited to the matters regarding the use of diesel-powered 8 equipment in underground coal mines. 9 (o) Appropriations FUNDING for the operation of the advisory <-- 10 committee and to implement the provisions of this article are to 11 be derived from the general government fund APPROPRIATION of the <-- 12 department at the discretion of the secretary. <-- 13 Section 8. Sections 334(b) and 401 heading of the act are 14 amended to read: 15 Section 334. Technological Improvement.--* * * 16 (b) Upon receipt of this proposal, it shall be given 17 preliminary review by the secretary. If such review indicates 18 that the proposal has potential merit, the secretary may, at his 19 discretion, appoint either a commission or a committee 20 consisting of three representatives of the department, three 21 operators' engineers, a representative of the mine employes, and 22 any others he deems pertinent. Such commission or committee 23 shall investigate and review said proposal to determine its 24 effect on safety and property and report their findings in 25 writing to the [Secretary of Mines and Mineral Industries.] 26 secretary. 27 * * * 28 Section 401. Explosion or Accident; Investigation by 29 Department [of Mines and Mineral Industries]; Inquests.--* * * 30 Section 9. All acts and parts of acts are repealed insofar 19960H2828B4116 - 40 -
1 as they are inconsistent with this act. 2 Section 10. This act shall take effect in 60 days. F20L52WMB/19960H2828B4116 - 41 -