30 CFR § 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 § 7.89
(a)(9)(iii)(B) or § 7.89
of this title, with the exception of engines deemed to be in compliance
by meeting the EPA requirements specified in Table 72.502-1
( § 72.502
(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 § 7.89
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;
(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.
7.500(a),7.501(a) and 7.502(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.