Section 690-419 - Exhaust gas monitoring and control(a) Concentration.--In monitoring and controlling exhaust gases, the ambient concentration of exhaust gases in the mine atmosphere shall not exceed 35 parts per million for carbon monoxide and three parts per million for nitrogen dioxide. The concentration of these exhaust gases shall be measured at the equipment operator's or equipment attendant's position and by the last piece of diesel-powered equipment operating in the same split of air. Measurements shall be made weekly or more often if necessary by a qualified individual and shall be conducted under the requirements of this section.(b) Measurement.--Measurement of exhaust gases shall be made with a sampling instrument no less precise than detector tubes.(c) Changes.--If the concentration of a gas listed in subsection (a) is at least 75% of its exposure limit, changes to the use of the diesel equipment, the mine ventilation or the mining process shall be made.(d) Excessive exposure.--If the concentration of a gas listed in subsection (a) exceeds the exposure limit, the diesel equipment operating in that split shall be removed from service immediately, and corrective action shall be taken. After corrective action has been taken by the mine operator, the diesel equipment may be returned to service in its regular operating mode for emissions testing purposes only, and emissions testing shall be conducted immediately to assure that the concentration does not exceed 75% of the exposure limit. Corrective action shall be taken until the concentration does not exceed 75% of the exposure limit before the diesel equipment can be returned to full operation.(e) Compliance.--The mine operator shall comply with the following requirements:(1) Repair or adjustment of the fuel injection system shall only be performed by qualified mechanics authorized by the engine manufacturer.(2) Complete testing of the emissions system in accordance with section 418 shall be conducted:(i) prior to any piece of diesel-powered equipment being put into service; and(ii) after any repair or adjustment to the fuel delivery system, engine timing or exhaust emissions control and conditioning system.(3) Service and maintenance of the intake air filter, exhaust particulate filter and the exhaust system shall be performed at specific time intervals based on the component manufacturer's recommendation and compliance with the engine or emissions control operation specifications and, as needed, based on the on-board diagnostics or emissions test results. Accurate records shall be maintained of service and maintenance under this paragraph.2008, July 7, P.L. 654, No. 55, §419, effective in 180 days [ 1/5/2009].