[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR72.503]

[Page 441]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 72--HEALTH STANDARDS FOR COAL MINES--Table of Contents
 
 Subpart D--Diesel Particulate Matter--Underground Areas of Underground 
                               Coal Mines
 
Sec. 72.503  Determination of emissions; filter maintenance; definition of ``introduced''.

    (a) MSHA will determine compliance with the emission requirements 
established by this part by using the amount of diesel particulate 
matter emitted by a particular engine determined from the engine 
approval pursuant to Sec. 7.89(a)(9)(iii)(B) or Sec. 7.89(a)(9)(iv)(A) 
of this title, with the exception of engines deemed to be in compliance 
by meeting the EPA requirements specified in Table 72.502-1 
(Sec. 72.502(b)).
    (b) Except as provided in paragraph (c) of this section, the amount 
by which an aftertreatment device can reduce engine emissions of diesel 
particulate matter as determined pursuant to paragraph (a) must be 
established by a laboratory test:
    (1) on an approved engine which MSHA has determined, pursuant to 
paragraph (a) of this section, to emit no more diesel particulate matter 
than the engine being used in the piece of diesel-powered equipment in 
question;
    (2) using the test cycle specified in Table E-3 of Sec. 7.89 of this 
title, and following a test procedure appropriate for the filtration 
system, by a laboratory capable of testing engines in accordance with 
the requirements of Subpart E of part 7 of this title; and
    (3) with an aftertreatment device representative of that being used 
on the piece of diesel-powered equipment in question.
    (c) In lieu of the laboratory tests required by paragraph (b), the 
Secretary may accept the results of tests conducted or certified by an 
organization whose testing standards are deemed by the Secretary to be 
as rigorous as those set forth by paragraph (b) of this section; and 
further, the Secretary may accept the results of tests for one 
aftertreatment device as evidencing the efficiency of another 
aftertreatment device which the Secretary determines to be essentially 
identical to the one tested.
    (d) Operators must maintain in accordance with manufacturer 
specifications and free of observable defects, any aftertreatment device 
installed on a piece of diesel equipment upon which the operator relies 
to remove diesel particulate matter from diesel emissions.
    (e) For purposes of Secs. 72.500(a), 72.501(a) and 72.502(a), the 
term ``introduced'' means any piece of equipment whose engine is a new 
addition to the underground inventory of engines of the mine in 
question, including newly purchased equipment, used equipment, and 
equipment receiving a replacement engine that has a different serial 
number than the engine it is replacing. ``Introduced'' does not include 
a piece of equipment whose engine was previously part of the mine 
inventory and rebuilt.