Section 690-424 - Technical advisory committee(a) Establishment.--The Technical Advisory Committee on Diesel-Powered Equipment is established.(b) Membership.--The advisory committee shall consist of two members who shall be residents of this Commonwealth.(1) The Governor shall appoint one member to represent the viewpoint of the coal operators in this Commonwealth within 30 days from receipt of a list containing one or more nominees submitted by the major trade association representing coal operators in this Commonwealth.(2) The Governor shall appoint one member to represent the viewpoint of the working miners in this Commonwealth within 30 days from receipt of a list containing one or more nominees submitted by the highest ranking official within the major employee organization representing coal miners in this Commonwealth.(c) Terms.--Each member of the technical advisory committee shall be appointed for a term of three years. If renominated and reappointed, a member may serve an unlimited number of successive three-year terms.(d) Functions.--The technical advisory committee has the following functions:(1) Advising the department regarding implementation of this chapter.(2) Evaluating alternative technology or methods for meeting the requirements for diesel-powered equipment as set forth in this chapter.(3) Providing technical assistance to operators regarding diesel equipment technologies.(4) Conducting investigations relating to implementation of this chapter.(5) Providing training regarding diesel equipment emission controls and emission testing.(e) Compensation.--Members of the technical advisory committee shall be compensated at the appropriate per diem rate based on the prevailing formula administered by the Commonwealth, but not less than $150 per day, plus all reasonable expenses incurred while performing their official duties. Compensation shall be adjusted annually by the department to account for inflation based on the rate of inflation identified by the Consumer Price Index for All Urban Consumers, Bureau of Labor Statistics. The individual member may waive his right to all or part of the compensation set forth in this provision.(f) Meetings.--The technical advisory committee shall meet at least twice during each calendar year.(g) Quorum.--Actions of the technical advisory committee require the participation of both members.(h) Support.--(1) The department shall make clerical support and assistance available to enable the technical advisory committee to carry out its duties. Upon the request of both members of the technical advisory committee, the department may draft proposed conditions of use and reports or perform investigations.(2) The department shall purchase for the technical advisory committee equipment for testing diesel engine exhaust emissions and measuring diesel engine surface temperatures and exhaust gas temperatures. Alternative technology or methods recommended by the technical advisory committee or approved by the secretary shall not reduce or compromise the level of health and safety protection afforded by this chapter.(i) Alternative technologies.--(1) Upon application of a coal miner, coal mine operator or diesel-related technology manufacturer or on its own motion, the technical advisory committee shall consider requests for the use of alternative diesel-related health and safety technologies with general underground mining industry application which are consistent with this chapter. The following apply: (i) Upon receipt of an application, the technical advisory committee shall conduct an investigation, which shall include consultation with a representative of the major trade association representing coal operators in this Commonwealth and with a representative of the major employee organization representing coal miners in this Commonwealth.(ii) Approval of an application made under this subsection shall make the alternative technology or method available for use by a coal mine operator in this Commonwealth but shall not be construed to require that a coal mine operator use the approved alternative technology or method.(2) Upon application of a coal mine operator, the technical advisory committee shall consider site-specific requests for use of alternative diesel-related health and safety technologies. The committee's recommendations on applications submitted under this subsection shall be on a mine-by-mine basis. Upon receipt of a site-specific application, the technical advisory committee shall conduct an investigation, which shall include consultation with the mine operator and the authorized representatives of the miners at the mine. Authorized representatives of the miners shall include a mine health and safety committee elected by miners at the mine and an individual employed by an employee organization representing miners at the mine or an individual authorized as the representative of miners of the mine in accordance with MSHA regulations at 30 CFR Pt. 40 (relating to representative of miners). If there is no authorized representative of the miners, the technical advisory committee shall consult with a reasonable number of miners at the mine.(3) Within 180 days of receipt of an application for use of alternative technologies or methods, the technical advisory committee shall complete its investigation and make a recommendation to the secretary. The technical advisory committee members shall only recommend approval of an application if, at the conclusion of the investigation, the committee members have made a determination that the use of the alternative technology or method will not reduce or compromise the level of health and safety protection afforded by this chapter. The time period under this paragraph may be extended with the consent of the applicant.(4) The technical advisory committee shall forward to the secretary three possible recommendations: (i) A unanimous recommendation to approve the application for use of alternative technologies or methods. A recommendation under this subparagraph must be made in writing and include the results of the investigation and specific conditions of use for the alternative technology or method.(ii) A unanimous recommendation to reject the application for use of alternative technologies or methods. A recommendation under this subparagraph must be made in writing and outline in detail the basis for the rejection.(iii) A divided recommendation in which one member of the technical advisory committee recommends approval of the application for use of alternative technologies or methods and one member of the advisory committee recommends rejection of the application for use of alternative technologies or methods. For a recommendation under this subparagraph, each member of the committee must submit a detailed report to the secretary within 14 days of the committee's vote outlining the member's position for or against the application.(5) The secretary shall proceed as follows: (i) Alternative technologies or methods may be approved by the secretary if they do not reduce or compromise the level of health and safety protection afforded by this chapter.(ii) If a recommendation under paragraph (4)(i) or (ii) is forwarded to the secretary by the technical advisory committee, the secretary shall have 30 days in which to render a final decision adopting or rejecting the advisory committee's recommendation and the application.(iii) The secretary may only approve or reject a recommendation under paragraph (4)(i) or (ii) without modification unless the modification is unanimously approved by the technical advisory committee.(iv) If a recommendation under paragraph (4)(iii) is forwarded to the secretary, the secretary shall convene, within 30 days, a meeting with the members of the technical advisory committee to discuss the reasons for the divided recommendation and to determine whether additional information and further discussion might result in a unanimous recommendation by the committee.(v) The following apply: (A) The secretary shall render a decision on the application within 30 days from the date of the meeting with the technical advisory committee or, if no meeting is convened, within 60 days of forwarding of the recommendation.(B) Upon consent of the applicant, the time period under clause (A) may be extended.(C) Except as set forth in clause (B), if the secretary does not comply with the time requirements to render a decision under this subparagraph, the technical advisory committee's recommendation shall be deemed rejected.(6) Action taken by the secretary under this subsection is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action) and the act of July 13, 1988 (P.L. 530, No. 94) , known as the Environmental Hearing Board Act.(j) Shaft and slope construction.--The secretary shall establish, based on recommendations made by the technical advisory committee, conditions of use for the use of diesel-powered equipment in shaft and slope construction operations at coal mines. Conditions of use proposed by the technical advisory committee shall be considered by the secretary and shall be adopted or rejected by the secretary without modification, except as approved by the technical advisory committee.2008, July 7, P.L. 654, No. 55, §424, effective in 180 days [ 1/5/2009].