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ISSUE DATE: July 16, 2002
PROGRAM INFORMATION BULLETIN NO. P02-7
FROM: for RAY
McKINNEY
Administrator for
Coal Mine Safety and Health
MARK E. SKILES
Director of Technical Support
SUBJECT: Compliance with Diesel Particulate
Matter Standard in Underground
Coal
Mines
Scope This Program Information Bulletin
affects underground coal mine operators using diesel-powered equipment,
manufacturers of diesel-powered underground mining equipment (including
manufacturer's exhaust aftertreatment devices and systems), and Mine Safety and
Health Administration (MSHA) enforcement personnel.
Purpose The purpose of this bulletin is to
inform underground coal mine operators and Coal Mine Safety and Health
(CMS&H) enforcement personnel about compliance requirements with 30 CFR
Section 72.500(b) (effective July 19, 2002) and sections 72.501(a), 72.502(a),
and 72.503.
Information MSHA published a
final rule on diesel particulate matter (dpm) emissions in underground coal
mines in the Federal Register on January 19, 2001 (66 FR 5526). This bulletin
describes the compliance requirements for underground coal mine operators who
intend to operate permissible and newly introduced diesel-powered equipment
underground on or after July 19, 2002, with the exception of those engines as
specified in Table 72.502-1.
1. Aftertreatment devices must be installed
on newly introduced diesel-powered equipment, and as of July 19, 2002, on all
permissible diesel-powered equipment. Mine operators who have installed diesel
aftertreatment devices must maintain those units in accordance to the
requirements of 30 CFR Section 72.503(d). Mine operators who do not comply will
be cited for failure to implement or maintain dpm controls.
2. The
Program Information Bulletin issued on May 31, 2002 (PIB-P02-04) on the
"Potential Health Hazard Caused by Platinum-Based Catalyzed Diesel Particulate
Matter Exhaust Filters" identified platinum-based particulate filters as a
source for generation of increased concentrations of Nitrogen Dioxide (NO2).
Platinum-based catalyzed filters currently installed on diesel-powered equipment
must be used in accordance with the conditions outlined in item 4. However,
particulate filters introduced into the underground mine after the date of this
PIB must not cause an increase in NO2 concentrations in the raw exhaust. MSHA
can assist the mine operator in choosing a filter that does not increase NO2.
3. If a mine operator is unable to meet the requirements of 30 CFR
72.500, 72.501(a), and 72.503, they should contact the District Manager. The
District Manager will review the mine operator's compliance on a mine-by-mine
basis. It is MSHA's intent to provide assistance to operators to help them
achieve compliance with the dpm standards.
4. If a platinum-based
catalyzed filter has been installed and is designated by MSHA as having the
potential to generate NO2 in excess of the TLV, the mine operator must collect
tailpipe NO2 emission data (as specified in the attached appendix), determine
air quantities to dilute NO2 generated from platinum-based catalyzed filters,
and submit the following information to the District Manager for approval:
a) Air quantities necessary to dilute NO2
emissions to safe concentrations; b) Necessary modifications to the mine's
ventilation plan; and, c) The time period it will take the mine operator
to obtain and install a replacement aftertreatment system. 5. If the mine
operator does not have an aftertreatment device installed on or after July 19,
2002, MSHA will issue a citation. To abate the citation, the mine operator shall
submit to the District Manager a compliance implementation schedule. In
establishing or extending an abatement period, the District Manager will
consider whether the failure to install an aftertreatment device was due to
non-availability from the engine manufacturer, retrofit control manufacturer, or
a documented design incompatibility. The District Manager also will consider the
mine operator's good faith efforts to install an effective aftertreatment device
to meet the dpm emission requirements (such as purchase orders, with delivery
dates, or active involvement in testing of feasibility and modifications of
aftertreatment devices).
Background This bulletin
clarifies the compliance responsibilities of underground coal mine operators
with 30 CFR Sections 72.500, 72.501(a), 72.502(a), and 72.503. MSHA's final coal
diesel particulate rule established new requirements for the emission limits for
permissible and non-permissible diesel-powered equipment over a phased-in
schedule.
Authority 30 CFR Part 72 Subpart D
and 30 CFR Part 75 Subpart T
Issuing Offices and Contact
Persons Technical Support, Approval and Certification
Center John Faini, (304) 547-2042 Bob Setren, (304) 547-2070 George
Saseen, (304) 547-2072
Coal Mine Safety and Health, Health
Division Melinda Pon, (202) 693-9516 Robert Thaxton, (202)
693-9515
Attachment Appendix: Tailpipe Test Protocol
Internet Availability This information
bulletin may be viewed on the Internet by accessing MSHA's home page at
http://www.msha.gov by choosing "Statutory and Regulatory Information" and
"Compliance Assistance Information."
Distribution Coal and All-Volume Program
Policy Manual Holders Underground Coal Mine Operators Special Interest
Groups Equipment Manufacturers
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