PRIOR PRINTER'S NOS. 3921, 4050               PRINTER'S NO. 4116

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.



















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