ISSUE DATE: August 6, 1997

PROGRAM INFORMATION BULLETIN NO. P97-17

FROM:           MARVIN W. NICHOLS, JR.
                       Administrator
                             for Coal Mine Safety and Health

              KENNETH T. HOWARD
                       Director of Technical Support

SUBJECT:      Determination of Diesel Fuel Sulfur Content

Scope
This information bulletin applies to Coal Mine Safety and Health (CMS&H) enforcement personnel and underground coal mine operators.

Purpose
The purpose of this bulletin is to inform the underground coal mining community of the proper means to determine diesel fuel sulfur content.

Information
Section 75.1901(a) of the newly published regulations for the approval and use of diesel-powered equipment in underground coal mines provides that only diesel fuel having a sulfur content no greater than 0.05 percent and a flash point of 100oF or greater be used in equipment operated in underground coal mines. The rule further requires that, upon request, the mine operator shall provide to an authorized representative of the Secretary evidence that the diesel fuel purchased for use in diesel-powered equipment underground meets these requirements.

The color of diesel fuel cannot be used as evidence that the fuel meets the sulfur content limitation. The Environmental Protection Agency (EPA) has informed the Mine Safety and Health Administration (MSHA) that fuel coloration only indicates if a fuel tax has been paid.

A mine operator may provide documentation from the fuel supplier to demonstrate that the fuel's sulfur content complies with the standard. However, in cases where there may be a reason to question this documentation offered by the mine operator, MSHA may elect to have the diesel fuel analyzed by a laboratory in order to confirm the actual sulfur concentration in a sample of the diesel fuel.

If a diesel fuel sulfur content question should arise, CMS&H personnel may contact the Diesel Power Systems Branch, Approval and Certification Center, for assistance in locating a laboratory to perform a fuel sulfur analysis.

Background
MSHA published a final rule under 30 CFR Parts 7, 31, 32, 36, 70, and 75, Approval, Exhaust Gas Monitoring, and Safety Requirements for the Use of Diesel-Powered Equipment in Underground Coal Mines on October 25, 1996. Questions have arisen regarding the use of diesel fuel color in making a compliance determination for Section 75.1901(a) which requires that effective April 25, 1997, diesel-powered equipment be used underground only with a diesel fuel having a sulfur content no greater than 0.05 percent and a flash point of 100oF or greater. The rule further requires that, upon request, the mine operator provide to an authorized representative of the Secretary evidence that the diesel fuel purchased for use in diesel-powered equipment underground meets those requirements. This bulletin clarifies that the color cannot be used to determine the sulfur content of diesel fuel.

Authority
Title 30, Code of Federal Regulations, Part 75.1901(a).

Issuing Office and Contact Person
Technical Support, Approval and Certification Center
George Saseen, (304) 547-2072

Coal Mine Safety and Health, Division of Safety
Richard Stoltz, (703) 235-1915

Distribution
MSHA Coal and All-Volume Program Policy Manual Holders
CMS&H Special Interest Groups
Underground Coal Mine Operators
Mining Product Manufacturers