

                                       
                                  Memorandum

To: Tom Mockler & Tom Ransdell, OSHA
From: Eastern Research Group, Inc.
Date: 11/20/2015
Subject: Supporting Information for Standards Improvement Project IV


 Underground Diesel Engines

ERG conferred with the Application Engineer & Local Compliance Leader at Cummins Northeast and the Senior Product Service Engineer at Caterpillar Emissions Solutions. We also talked to the Association of Equipment Manufacturers. 

Through those conversations, ERG developed a deeper understanding of the provisions replacing 30 CFR part 32, namely §§57.5067 Engines, 75.1909 Nonpermissible diesel-powered equipment; design and performance requirements, 75.1910 Nonpermissible diesel-powered equipment; electrical system design and performance requirements, and 75.1911 Fire suppression systems for diesel-powered equipment and fuel transportation units.

Three elements of these provisions are particularly opaque:
 The relationship between the EPA emissions table reproduced at 30 CFR §57.5067 "Engines" and the underground emissions standards imposed by MSHA.
 The MSHA certification process itself, which seems to include specifications for manufacturers and site-specific guidance for equipment users.
 The term "nonpermissible."

Taking each of these in turn:
 All diesel engines are built to EPA standards, but engines used underground have to meet an additional set of performance benchmarks to receive an MSHA plate. These mining-specific standards (maximum fuel-air ratio, gaseous ventilation rate, particulate index, and so forth) are listed at 30 CFR Part 7 subpart E and 30 CFR Part 36. For approval, manufacturers can send engine prototypes to the MSHA testing facility in Triadelphia, WV.
 The MSHA certification process for the underground use of diesel-powered equipment takes place in two main steps. First, an engine design must be approved according to the standards outlined above. Once a model is approved, those engines can be produced with an MSHA plate, but  -  second  -  MSHA inspectors must also ensure that the engine is being used on-site in a compliant fashion. Industry notes MSHA language surrounding on-site specifications is purposefully vague in order to give inspectors as much latitude as possible.
 ERG understands the "nonpermissible" modifier as specifying engines that not only need to be built to EPA and MSHA standards, but are "nonpermissible" underground until those engines have received site-specific MSHA permits. Once an engine design is approved for use in mining applications, it is of course theoretically permissible, but this category is used to specify models requiring an extra level of certification to be permissible on-site. Another (very similar) interpretation is that these engines are referred to as "nonpermissible" because even though they meet EPA standards (the permissibility benchmark for diesel engines in general), they are not permissible for use in mining applications until meeting the supplemental MSHA standards (and, from there, the site-specific evaluation).
    Table 1 of §1039.101 -- Tier 4 Exhaust Emission Standards After the 2014 Model Year, g/kW-hr1
                             Maximum engine power
                                  Application
                                      PM
                                      NOX
                                     NMHC
                                   NOX+NMHC
                                      CO
kW <19
All
                                                                        [2]0.40
                                                                               
                                                                               
                                                                            7.5
                                                                         [3]6.6
19 <=kW <56
All
                                                                           0.03
                                                                               
                                                                               
                                                                            4.7
                                                                         [4]5.0
56 <=kW <130
All
                                                                           0.02
                                                                           0.40
                                                                           0.19
                                                                               
                                                                            5.0
130 <=kW <=560
All
                                                                           0.02
                                                                           0.40
                                                                           0.19
                                                                               
                                                                            3.5
   
Generator sets
                                                                           0.03
                                                                           0.67
                                                                           0.19
                                                                               
                                                                            3.5
kW >560
All except generator sets
                                                                           0.04
                                                                            3.5
                                                                           0.19
                                                                               
                                                                            3.5
    [1]Note that some of these standards also apply for 2014 and earlier model years. This table presents the full set of emission standards that apply after all the transition and phase-in provisions of §1039.102 expire.
    [2]See paragraph (c) of this section for provisions related to an optional PM standard for certain engines below 8 kW.
    [3]The CO standard is 8.0 g/kW-hr for engines below 8 kW.
    [4]The CO standard is 5.5 g/kW-hr for engines below 37 kW.



 Chest X-Ray Requirements under Current OSHA Standards in SIPS IV

ERG supported OSHA in analyzing a selection of regulations that contain requirements for chest x-rays as a component of the medical surveillance provision. ERG evaluated each regulation for consistency and compiled cost data to estimate the cost of a posterior-anterior chest x-ray in the United States. ERG also reviewed recent Information Collection Request Paperwork Burden Analyses of each regulation to estimate the current number of medical examinations (and, thus, chest x-rays) that employers provide on an annual basis. ERG reviewed the methodology used to estimate the number of medical examinations in the selected regulatory analyses for consistency. 

 Consistency of Chest X-Ray Requirements among the Selected Regulations
ERG examined the text of the regulations in question. Table 1 displays the relevant language in each regulation. Based on these descriptions, ERG judged that the required x-ray procedures are consistent across the selected regulations and that it is reasonable to use one unit cost for a posterior-anterior chest x-ray to estimate costs for all these regulations. 

Table 1. Regulatory Requirements for X-Rays, by Standard
Chemical/Exposure Hazard
Standard
Description of X-ray quoted from regulatory text
Coke Oven Emissions
                                                                       1910.103
A standard posterior-anterior chest x-ray
Acrylonitrile
                                                                       1910.105
A 14- by 17-inch posteroanterior chest X-ray
Inorganic Arsenic
                                                                       1910.102
A standard posterior-anterior chest x-ray

 Unit Costs for Chest X-Rays in the United States
Using Current Procedural Terminology (CPT) code 71020, which is the code for a posterior-anterior chest x-ray, ERG queried the Centers for Medicare and Medicaid Services' (CMS) Physician Fee Schedule Lookup database. ERG found a national price of $68.42. This is the Medicare Reimbursement rate and is expected to be lower than rates typically paid by private insurance providers or uninsured patients. 
ERG queried CMS' database further for a selection of localities to show a range of costs. Charges for similar medical procedures vary widely by location. The results are displayed in Table 2 below.

Table 2. Posterior Chest X-ray Cost for Selected Localities
                                   Locality
                                   Locality
                           Estimated Cost to Patient
New York, NY
1320202
$82.46
Los Angeles, CA
0118218
$77.77
Metro Boston, MA
1421201
$77.34
Colorado
0411201
$68.87
Virginia
1130200
$66.92
Nebraska
0540200
$61.92
Cedar Rapids, IA
0510200
$61.29
Source: CMS.gov, 2014. 

 The Number of Medical Examinations and Chest X-Rays Provided by Employers Annually Under the Selected Regulations
ERG also estimated the number of medical examinations offered under each of the regulations. These estimates are shown in Table 3.

Table 3. Annual Number of Medical Exams and Employees Receiving Medical Exams under Select OSHA Standards

                                  Regulation
                              Total Medical Exams
                             Initial Medical Exams
                            Recurring Medical Exams
                           Additional Medical Exams
1910.1029 Coke Oven Emissions (General Industry)
                                     4,043
                                     1,143
                                     2,324
                                      576
1910.1045 Acrylonitrile (General Industry)
                                      708
                                      140
                                      467
                                      101
1910.1018 Inorganic Arsenic (Total)
                                     1,133
                                      238
                                      792
                                      103
1910.1018 Inorganic Arsenic Coal-Fired Power Plants (General Industry)
                                      977
                                      205
                                      683
                                      89
1910.1018 Inorganic Arsenic (Other General Industry)
                                      156
                                      33
                                      109
                                      14
Total
                                     5,884
                                     1,521
                                     3,583
                                      780


                                       
                                       

 MUTCD-Related Traffic Sign Costs

Based on prices quoted in standard vendor catalogs for traffic warning signs, ERG estimated average prices for shoulder drop-off warning signs and warning flags of $32.74 and $7.96 (Grainger, 2014; Zoro, 2014; Traffic Safety Store, 2014; hallSigns, 2014; LowenSign, 2014). The shoulder drop-off warning sign estimate was based on a sample of 11 signs of differing durability and reflectivity. These signs ranged in prices from a low of $21.20 per sign to a high of $58.50. The warning flag estimate was based on a sample of 7 flags of differing materials and colors, ranging in price from $4.83 to $16.66 per flag.


References

American Medical Association (AMA), 2008. CPT Codes. Available at https://commerce.ama-assn.org/store/catalog/subCategoryDetail.jsp?category_id=cat1150008&navAction=push. (Accessed, March 4, 2014).

Bureau of Labor Statistics (BLS), 2012. Occupational Employment Statistics Survey. Available at http://www.bls.gov/oes/. 

Bureau of Labor Statistics (BLS), 2013. Job Openings and Labor Turnover Survey, Total Separations Rate for the Manufacturing Industry. Available at http://www.bls.gov/jlt/data.htm
(Accessed April 3, 2015).

Center for Medicare & Medicaid Services (CMS), 2014. http://www.cms.gov/apps/physician-fee-schedule/search/search-criteria.aspx. (Accessed April 1, 2014).

Department of Labor (DOL), 2011. Supporting Statement for the Information Collection Requirements of the Acrylonitrile Standard (29 CFR 1910.1045) (OMB CONTROL NO. 1218-0126(May 2011)). Occupational Safety and Health Administration (OSHA). 

Department of Labor (DOL), 2014. Supporting Statement for the Information Collection Requirements of the Acrylonitrile Standard (29 CFR 1910.1045) OMB CONTROL NO. 1218-0126 (March 2014). Occupational Safety and Health Administration (OSHA). 

Department of Labor (DOL), 2015a. Supporting Statement for the Information Collection Requirements of the Coke Oven Emissions Standard (29 CFR 1910.1029) (OMB CONTROL NO. 1218-0128 (January 2015). Occupational Safety and Health Administration (OSHA). 

Department of Labor (DOL), 2015b. Supporting Statement for the Information Collection Requirements in the Inorganic Arsenic Standard (29 CFR 1910.1018) OMB CONTROL NO. 1218-0104 (July 2015). Occupational Safety and Health Administration (OSHA).

Devanney, Michael T., 2014. Chemical Economics Handbook. Acrylonitrile (607.5000).. IHS Chemical. Available at www.ihs.com/chemical.

Energy Information Administration (EIA), 2013. U.S. Department of Energy, Energy Information Administration. Form EIA-860 Detailed Data. Available at http://www.eia.gov/electricity/data/eia860/. (Accessed March, 26, 2015).

Grainger, 2014. Grainger Product Catalog. 2014. (http://www.grainger.com/content/general-catalog. Accessed July 27, 2014)

hallSigns, 2014. Store.hallSigns.com Product Catalog, 2014 (http://store.hallsigns.com. Accessed July 27, 2014).

LowenSign, 2014. Lowen Sign Company Product Catalog, 2014. (http://www.lowentrafficsigns.com. Accessed July 27, 2014)

Ormonde et. al, 2013. Chemical Economics Handbook. Nitrile Elastomers (525.2800). IHS Chemical. Available at www.ihs.com/chemical.

Sesto et. al, 2013. Chemical Economics Handbook. Acrylic and Modacrylic Fibers (541.5000). IHS Chemical. Available at www.ihs.com/chemical.

Sriram et. al, 2014. Chemical Economics Handbook. Acrylonitrile-Butadiene-Styrene Resins (580.0180). IHS Chemical. Available at www.ihs.com/chemical.

Traffic Safety Store, 2014. Traffic Safety Store Product Catalog, 2014. (https://www.trafficsafetystore.com. Accessed July 27, 2014)

U.S. Economic Census, 2011. County Business Patterns (CBP). Available at http://www.census.gov/econ/cbp/download/ (Accessed June 12, 2014).

United States Geological Survey (USGS), 2014. Mineral Commodity Summaries. Available at http://minerals.usgs.gov/minerals/pubs/mcs/2014/mcs2014.pdf. 

Zoro, 2014. Zoro Product Catalog, 2014 (http://www.zoro.com. Accessed July 27, 2014)
