Fayette County Health Center
100 New Salem Road, Room 167
Uniontown, PA 15401
November 6, 1998

Bureau of Deep Mine Safety                                                                                          724-439-7469
Fax 724-439-7324

Mr. Eugene Davis
Mr. Robert DuBreucq
Technical Advisory Committee on
Diesel-Powered Equipment
100 New Salem Road
Uniontown, PA 15401

Dear Messrs. Davis and DuBreucq:

It has been brought to my attention that changes to the Federal Mine Safety and Health Administration’s regulation will have impact upon Pennsylvania Act 182. In particular, in November of 1999, the MSHA approval of diesel engines will be incorporated into a New Part 7 (CFR 30).

This change will eliminate the existing Parts 32 and 36 presently used to certify diesel engines. Additionally, Part 7 will contain 7a and 7b used to certify inby and outby diesel equipment. Part 7 ventilation rates for engines previously certified under Part 32 will be reduced by approximately 50 percent.

This raises questions concerning Section 203 A of Act 182 and the ability of engines to meet the .12 mg/m3 diesel particulate matter (DPM) limit. The DPM rate is calculated from the ISO-8178-1 test after being diluted by fifty percent of the MSHA approval plate ventilation rate for that diesel engine. The new Part 7 rates will be significantly lower than existing Parts 32 and 36 ventilation rates. It is likely that many diesel engines that meet the .12 mg/m3 standard using Part 32 and 36 rates will not meet the .12 mg/m3 standard using the new Part 7 ventilation rate.

Section 224 A(a) establishes the purpose of the TAC is to advise the Secretary regarding implementation of Act 182 and the evaluation of alternative technology or methods for meeting the requirements for diesel powered equipment.

We are seeking your comments on what effect the MSHA regulations will have upon the continued implementation of diesels within the Commonwealth if adjustments are not made to take into account the new MSHA Part 7 ventilation rates. In addition, we request your recommendation to best handle the change in the MSHA Part 7 ventilation rates.

Your assistance with these matters is appreciated. If you need additional information about this request, please contact me at 724-439-7469.

Sincerely,

Richard E. Stickler
Director
Bureau of Deep Mine Safety

cc: George Ellis, PCA
      Jeffrey Duncan, UMWA