(a) Restrictions on fueling locations.--Fueling of diesel-powered equipment shall not be conducted in the intake escapeway unless the mine design and entry configuration make it necessary. In those cases where fueling in the intake escapeway is necessary, the mine operator shall submit a plan for approval to the department, which shall be investigated by the technical advisory committee in accordance with section 424,¹ outlining the special safety precautions that will be taken to insure the protection of miners. The submitted plan shall specify a location, such as the end of the tail piece track or adjacent to the load out point, where fueling shall be conducted in the intake escapeway and all other safety precautions that shall be taken, which shall include an examination of the area for spillage or fire by a qualified individual.

(b) Spill cleanup.--Diesel fuel and other combustible materials shall be cleaned up and not be permitted to accumulate anywhere in an underground mine or on diesel-powered or electric equipment located in a mine.

(c) Trained individual on duty.--At least one individual specially trained in the cleanup and disposal of diesel fuel spills shall be on duty at the mine when diesel-powered equipment or mobile fuel transportation equipment is being used or when any fueling of diesel-powered equipment is being conducted.