(A) Diesel-powered equipment shall be maintained in an approved and safe condition as described in this chapter or shall be removed from service.
(B) Diesel-powered equipment maintenance plan. An operator choosing to use diesel-powered equipment in an underground coal mine shall develop a maintenance plan and submit the plan to the chief for approval. The chief may request the diesel technical advisory committee to evaluate the maintenance plan and make a recommendation to the chief for approval or disapproval of the plan in accordance with rule 1501:10-2-27 of the Administrative Code. If the maintenance plan is approved by the chief, the mine operator shall implement the plan, maintain all records required by rule 1501:10-2-17 of the Administrative Code, and make them available for inspection by the chief or his or her representative.
(C) To obtain and maintain approval of a complete diesel-powered equipment package, the mine operator shall comply with the following requirements:
(1) All service, maintenance and repairs of approved complete diesel-powered equipment packages shall be performed by mechanics that are trained and qualified in accordance with rule 1501:10-2-24 of the Administrative Code, except for the repairs, adjustment and testing that shall be performed by a mechanic authorized by the engine manufacturer in accordance with paragraph (E)(1) of rule 1501:10-2-07 of the Administrative Code;
(2) Service and maintenance of approved complete diesel-powered equipment packages shall be performed according to:
(a) The specified routine maintenance schedule;
(b) On-board performance and maintenance diagnostics readings;
(c) Emissions test results; and
(d) Component manufacturers' recommendations.
(D) Failure to comply with a maintenance plan. Failure of the mine operator to comply with the maintenance requirements of this chapter may result in the revocation of the chief's approval of the complete diesel-powered equipment package. Upon receiving notice from the chief of failure to comply with the maintenance plan, the mine operator shall have thirty days to submit a plan to achieve and maintain compliance with the maintenance requirements of this chapter. If at any time the chief determines that the mine operator is unable or unwilling to comply with the maintenance plan, the chief shall revoke approval of the mine's complete diesel-powered equipment package and shall prohibit the underground use of all diesel-powered equipment at that mine.