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ISSUE DATE: August 12, 2009 PROGRAM INFORMATION BULLETIN NO. P09-25 FROM: KEVIN G. STRICKLIN  Administrator for Coal Mine Safety and Health LINDA F. ZEILER  Acting Director of Technical Support SUBJECT: Re-Issue of P97-17 - Determination of Diesel Fuel Sulfur Content Scope This program information bulletin (PIB) applies to Coal Mine Safety and Health (CMS&H) enforcement personnel and underground coal mine operators. Purpose The purpose of this PIB 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 100 oF 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 Mechanical and Engineering Safety Division, Approval and Certification Center, for assistance in locating a laboratory to perform a fuel sulfur analysis. Background MSHA published a final rule under Title 30 Code of Federal Regulations (30 C.F.R.) 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 100 oF 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 PIB clarifies that the color cannot be used to determine the sulfur content of diesel fuel. Authority 30 C.F.R. Part 75.1901(a). Issuing Office and Contact Persons Technical Support, Approval and Certification Center Jeffrey S. Moninger, (304) 547-2324 E-mail: Moninger.jeffrey@dol.gov Coal Mine Safety and Health, Safety Division John Arrington, (202) 693-9549 E-mail: Arrington.john@dol.gov Distribution MSHA Coal and All-Volume Program Policy Manual Holders CMS&H Special Interest Groups Underground Coal Mine Operators Mining Product Manufacturers  |
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