(a) The director has the power and authority to propose legislative rules to carry out and implement the provisions of this article in accordance with the provisions of article three, chapter twenty-nine-a of this code. In proposing rules for legislative approval, the director shall consider the highest achievable measures of protection for miners' health and safety through available technology, engineering controls and performance requirements and shall further consider the cost, availability, adaptability and suitability of any available technology, engineering controls and performance requirements as they relate to the use of diesel equipment in underground coal mines.
(b) All rules promulgated and adopted by the commission in effect prior to the effective date of this section shall remain in effect until changed or superseded by legislative rule enacted pursuant to subsection (a) of this section.
(c) The duties imposed upon the director in this article that were previously required to be performed by the adoption of rules by the commission and that were satisfied or fulfilled by rules adopted by the commission are deemed to be the acts of the director.
Structure West Virginia Code
Chapter 22A. Miners' Health, Safety and Training
Article 2A. Use of Diesel-Powered Equipment in Underground Coal Mines
§22A-2A-101. Use of Diesel-Powered Equipment Authorized
§22A-2A-102. Control of Diesel Safety and Health Hazards
§22A-2A-201. Applicability of Definitions
§22A-2A-203. Certificate of Approval Defined
§22A-2A-204. Commission Defined
§22A-2A-204a. Director Defined
§22A-2A-205. Diesel Fuel Tank Defined
§22A-2A-206. Diesel Fuel Transportation Unit Defined
§22A-2A-207. Diesel Engine Defined
§22A-2A-208. Diesel Power Package Defined
§22A-2A-209. Exhaust Emission Defined
§22A-2A-210. Exhaust Emissions Control and Conditioning System Defined
§22A-2A-212. Permanent Underground Diesel Fuel Storage Facility Defined
§22A-2A-213. Safety Can Defined
§22A-2A-214. Temporary Underground Diesel Fuel Storage Area Defined
§22A-2A-310. Duties of Director
§22A-2A-401. General Provisions Relating to Requirements for Exhaust Emissions
§22A-2A-402. Approval of Diesel Power Package or Diesel Engine
§22A-2A-403. Exhaust Emissions Control and Conditioning Systems
§22A-2A-404. Emissions Monitoring and Control
§22A-2A-405. Exhaust Gas Monitoring and Control
§22A-2A-601. Specifications for Fuel
§22A-2A-602. Fuel Storage Facilities
§22A-2A-603. Dispensing of Diesel Fuel
§22A-2A-604. Location of Fueling
§22A-2A-701. Fire Suppression Systems for Diesel-Powered Equipment and Fuel Transportation Units
§22A-2A-702. Fire Suppression for Storage Areas
§22A-2A-703. Use of Certain Starting AIDS Regulated or Prohibited
§22A-2A-704. Fire and Safety Training
§22A-2A-801. Maintenance of Diesel-Powered Equipment
§22A-2A-802. Training and Qualification of Persons Working on Diesel-Powered Equipment
§22A-2A-803. Examination of Equipment by Operator
§22A-2A-804. Scheduled Maintenance
§22A-2A-805. On-Board Performance and Maintenance Diagnostics Systems
§22A-2A-806. Diagnostic Testing