4VAC25-90-20. Diesel equipment approval.
A. Diesel-powered equipment shall not be permitted underground without receiving approval from the chief or his designated representative. Approval will be based on:
1. Meeting the requirements of this regulation.
2. Compliance with 30 CFR Part 7 Subpart E, design and performance requirements for nonpermissible diesel-powered equipment.
Compliance with 30 CFR Part 7 Subparts E and F, and 30 CFR Part 36, requirements for permissible diesel-powered equipment.
3. An evaluation by the Division of Mines of the equipment, undiluted exhaust emissions, the adequacy of ventilation, and fire protection.
4. If an oxidation catalytic converter, a diesel particulate filter, or both, are installed on underground diesel-powered equipment they shall be installed and maintained in accordance with manufacturer's specifications.
B. If at any time the chief determines that any condition or practice permitted under this approval may threaten the health or safety of employees, additional requirements may be imposed for the purpose of eliminating the condition or practice.
C. Stationary diesel-powered equipment, portable diesel generators, diesel-powered ambulances, and diesel fire fighting equipment shall not be permitted underground without an approved plan. The plan shall address ventilation, fire protection, fuel handling, storage, and any other requirements the chief determines as necessary to protect the health and safety of miners.
D. The Division of Mines shall be notified after completion of any alterations in design, substitution of components, and any other changes in the condition of operating diesel-powered equipment that affects emissions. Additional engine testing and adjustments shall be required as necessary should any resulting changes be made that may increase diesel emissions.
Statutory Authority
§§ 45.1-161.3, 45.1-161.106 and 45.1-161.206 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 17, Issue 20, eff. July 18, 2001.