Jan. 20, 2001

Section 217 (A)(b) of the Bituminous Coal Mining Laws of Pennsylvania requires that " when any diesel powered machine first enters service at a mine, baseline emissions values shall be determined by a qualified mechanic.

On December 19, 2000, RAG Cumberland Resources LP submitted a request to the Technical Advisory Committee (TAC) on Diesel Powered Equipment relative to a alternate baseline emissions values test procedure to Section 217(A)(b). The reason for their request is that baseline emission values which were established by RAG according to the procedures required by Section 217(A)(b) were found to be artificially low since the diesel machine was new and was not adequately broken in at the time of the baseline emissions values test. Accordingly, once the engine was broken in, after 200 to 400 hours of operation, the CO emission values were significantly higher than the original baseline emission values established under 217(A)(b) and compliance with 218(A)(13) was not possible.

The TAC investigated this request with representatives of the Pennsylvania Bureau of Deep Mine Safety, MSHA, and industry representatives and found that the request of RAG was justified and that an alternate baseline emissions values test procedure to Section 217(A)(b) was in the best interest of all parties.

After consultation with the parties and in accordance with Section 224-A, the TAC recommends the approval of the attached Alternate Baseline Emission Values Test Procedure to Section 217(A)(b) that it believes will not compromise the level of health and safety protection afforded by the Bituminous Coal Mining Laws of Pennsylvania.

Gene Davis
TAC member

Robert DuBreucq
TAC member

(1). Section 217(A)(b) will be complied with and the baseline emission values of the diesel powered machine shall be taken when the machine first enters service at the mine. The baseline emission values shall be recorded in the 214(A) book for that machine’s serial number.

(2). If the baseline emissions value established in (1) represents a valid CO baseline for that machine, then the baseline is established as required by section 217(A)(b) and no further action is required.

(3). If the baseline emissions values established in (1) do not represent a valid CO baseline for that machine, the mine operator may implement an Alternate Baseline Emissions Values Test Procedure as follows:

(a) Notify the District Mine Inspector in writing that the Alternate Baseline Emissions Values Test Procedure for the machine by serial number will be followed as an alternative to Section 217(A)(b).

(b). An interim baseline emissions CO value of 175PPM will be complied with. The TAC reserves the right to request the Secretary to modify the interim baseline emissions CO value of 175PPM if subsequent information reveals the 175PPM interim CO value to be too high or too low. If a different interim CO baseline value is approved by the secretary, it will become the interim baseline CO value under this Alternate Baseline Emissions Values Test Procedure for all subsequent approvals.

(c). The Mine Operator will comply with 218A and complete three diagnostic tests at intervals not to exceed 100 hours on the diesel powered machine.

(d). The third recorded diagnostic test under Section 218(A) will become the established baseline emissions values for the diesel powered equipment. The Mine Operator will notify the District Mine Inspector in writing the results of all four tests, [baseline test under 217(A)(b) and three recorded tests under 218(A)], and the baseline emissions values established for that diesel powered machine by serial number. A copy of this letter will be included in the 214(A) record book relative to Section 218(A) compliance. Also the final baseline emissions value shall be conspicuously posted on that specific piece of equipment, for easy reference by the mechanic performing future testing required by 218-A.