reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 195 - Educational Broadcasting Authority › Title 195 - PROCEDURAL RULE WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY › Series 195-01 - Organization Procedures › Section 195-1-2 - Authority Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Annual Meeting. - The annual meeting of the Authority is
				  the last meeting of the Authority during the fiscal year.
2.2. Regular Meetings. - The Authority shall meet at least
				  twice each year and may meet more often as it deems appropriate.
2.3. Special Meetings. - The Authority shall hold special
				  meetings if the executive committee determines a special meeting is necessary
				  or if requested in a letter to the chairman signed by a majority of the
				  members. Special meetings shall be scheduled as soon as is practicable, but not
				  later than sixty days after the determination or a request is made.
2.4. Emergency Meetings. - The Authority shall hold an
				  emergency meeting if called by the chairman or if requested by the executive
				  director.
2.5.
Robert's Rules of Order
. - All
				  meetings of the Authority and its committees shall be governed by
Robert's Rules of Order
as revised.
2.6. Attendance. - The chairman shall notify any Authority
				  member absent from three consecutive regular meetings of the Authority that the
				  member's absence diminishes the Authority's ability to carry out its public
				  trust.
West Virginia Code of State Rules › Agency 195 - Educational Broadcasting Authority › Title 195 - PROCEDURAL RULE WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY › Series 195-01 - Organization Procedures › Section 195-1-3 - Notice of Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Notices of the annual meeting and regular meetings. -
				  Notices of the annual meeting and regular meetings shall be filed with the
				  Secretary of State not fewer than five days prior to the meeting. Each notice
				  shall state the time, date, place, and purpose of the meeting. At least one
				  week prior to an annual or regular meeting, the executive director shall notify
				  no fewer than five newspapers of general circulation in this state of the date,
				  time, place and purpose of each annual and regular meeting. In addition, the
				  executive director shall notify Authority licensed broadcasting stations of
				  annual and regular meetings and the stations shall broadcast notice of the
				  annual and regular meetings in a timely manner.
3.2. Notices of Special Meetings. - Notices of special
				  meetings shall be provided as required for the annual and regular meetings. If
				  it is not possible to notify Authority members at least five days in advance of
				  a special meeting, the notice to the public shall be made at the time Authority
				  members are notified.
3.3. Notices of Emergency Meetings. - Notices of emergency
				  meetings shall be filed with the Secretary of State as soon as possible and
				  shall contain the date, time, place and purpose of the meeting. The notice
				  shall also include a statement of the reason for the
				  emergency.
West Virginia Code of State Rules › Agency 195 - Educational Broadcasting Authority › Title 195 - PROCEDURAL RULE WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY › Series 195-01 - Organization Procedures › Section 195-1-4 - Authority Committees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Generally. - The Authority may establish committees as
				  it deems necessary to carry out its responsibilities. The chairman of the
				  Authority may appoint Authority members and non-Authority members to serve on
				  such committees. Each committee shall elect a chairman who shall report to the
				  Authority when requested to do so by the chairman of the Authority. Committees
				  so appointed shall continue in existence until dissolved by action of the
				  Authority.
4.2. Executive Committee. - The Authority shall establish an
				  executive committee as a standing committee. The executive committee shall
				  consist of the chairman, the vice-chairman and one Authority member, to be
				  selected at the annual meeting by a vote of the Authority. The executive
				  director shall serve as an ex officio nonvoting member of the executive
				  committee. The executive committee may act on behalf of the Authority if the
				  action does not affect an Authority policy and any action taken by the
				  executive committee is subject to the approval of the Authority at the next
				  regular meeting.
West Virginia Code of State Rules › Agency 195 - Educational Broadcasting Authority › Title 195 - PROCEDURAL RULE WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY › Series 195-01 - Organization Procedures › Section 195-1-5 - Advisory Councils

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Creation. - As provided in W. Va. Code '10-5-5, the
				  Authority may create one or more advisory councils to serve in an advisory
				  manner to one or more broadcasting facilities as directed by the Authority.
				  Each advisory council shall consist of not more than nine members who are
				  appointed by and serve at the will and pleasure of the Authority.
5.2. Meetings. - Each advisory council shall meet at least
				  twice each year at times determined by the Authority.
5.3. Notice of Advisory Council Meetings. - Notices of
				  advisory council meetings shall be filed with the Secretary of State not fewer
				  than five days prior to such meetings. Each notice shall state the time, date,
				  place, and purpose of the meetings.
West Virginia Code of State Rules › Agency 195 - Educational Broadcasting Authority › Title 195 - PROCEDURAL RULE WEST VIRGINIA EDUCATIONAL BROADCASTING AUTHORITY › Series 195-01 - Organization Procedures › Section 195-1-6 - Authority Affiliations

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Generally. - The Authority may affiliate with another
				  entity if it determines that the affiliation is in its best interests. When the
				  Authority affiliates with another entity, the Authority chairman shall appoint
				  an Authority member as liaison to the entity. Liaison members shall report to
				  the Authority regarding the affiliation when requested to do so by the chairman
				  of the Authority. Liaisons shall represent the Authority and support the
				  Authority's position on matters involving the affiliation. A liaison failing to
				  support the Authority's position shall be removed as liaison by the chairman of
				  the Authority.
6.2. The West Virginia Public Broadcasting Foundation
				  Affiliation. - The Authority shall appoint four of its members, including the
				  chairman to serve on the board of the West Virginia Public Broadcasting
				  Foundation. Any member so appointed shall continue to serve until a successor
				  is appointed.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
				establishes the standards, procedural and interpretative guidelines under which
				diesel powered equipment may be used in an underground coal mine in the state
				of West Virginia.
1.2. Authority.
				-- W. Va. Code §§
									22A-2A-308(b); 29A-3-8.
1.3. Filing Date -- March 30, 2004.
1.4. Effective Date -- March 30,
				2004.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-3 - Underground Use

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Underground use of inby and outby diesel-powered equipment, including mobile
				equipment, stationary equipment and equipment of all horsepower ratings, may
				only be approved, operated and maintained as provided in this article, except
				for emergency fire-fighting equipment to be used specifically for that
				purpose.
3.2. All diesel-powered
				equipment shall be attended while in operation with the engine running in
				underground mines. For purposes of this subsection, "attended" shall mean a
				diesel equipment operator is within sight or sound of the diesel-powered
				equipment.
3.3. Inby and outby
				diesel-powered equipment may be used in underground mines if the inby or outby
				diesel-powered equipment uses an engine approved or certified by MSHA, as
				applicable, for inby or outby use that, when tested at the maximum fuel-air
				ratio, does not require an MSHA Part 7 approval plate ventilation rate
				exceeding 75 c.f.m. per rated horsepower. Should MSHA promulgate new
				regulations that change the MSHA part 7 approval plate ventilation rate, the
				cfm requirement per rated horsepower will be revised either up or down on a
				direct ratio basis upon recommendation of the Diesel Commission.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-4 - Diesel-Powered Equipment Package

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All
				diesel-powered equipment shall be approved by the commission as a complete
				diesel-powered equipment package, which shall be subject to all of the
				requirements, standards and procedures set forth in this article.
4.2. Diesel engines shall be certified or
				approved, as applicable, by MSHA and maintained in accordance with MSHA
				certification or approval and commission approval.
4.3. All approved diesel powered equipment
				packages shall be listed on an inventory sheet submitted to the diesel
				commission with a copy maintained at the mine. The following information shall
				be provided on the inventory list:
4.3.a.
				Name, Address and Permit Number of the Mine
4.3.b. The phone number and name of the
				contact person responsible for maintenance and testing of the diesel
				equipment.
4.3.c. The following
				specific information for each engine:
4.3.c.i.
				Manufacturer, serial number and model of the equipment using the
				power-package
4.3.c.ii.
				Manufacturer, Model number and serial number of the engine
4.3.c.iii. MSHA 7E Approval Number
4.3.c.iv. Rated HP and RPM
4.3.c.v. DPM gr/hr rating and mg over m to
				the third power
4.3.c.vi.
				Ventilation Rate
4.3.d.
				The following specific information for each Filter System:
4.3.d.i. Manufacturer and model of the filter
				system
4.3.d.ii. MSHA Efficiency
				Rating of the specific filter system(s) or an accepted third party
				rating
4.3.d.iii. System type and
				composition (i.e., Passively Regenerated Cordierite, etc.)
4.3.d.iv. The Manufacturer/Model of
				Regeneration system (if applicable)
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-6 - Ventilation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Minimum quantities of air where
				diesel-powered equipment is operated shall be maintained pursuant to this
				section.
6.2. Each specific model
				of diesel-powered equipment shall be approved by the commission before it is
				taken underground. The commission shall require an approval plate that must be
				attached to each piece of the diesel-powered equipment. The approval plate
				shall specify the minimum ventilating air quantity for the specific piece of
				diesel-powered equipment. The minimum ventilating air quantity shall be
				determined by the WV Diesel Commission based on the amount of air necessary at
				all times to maintain the exhaust emissions at levels not exceeding the
				exposure limits established in §
									196-1-7.
6.3. The minimum quantities of air in any
				split where any individual unit of diesel-powered equipment is being operated
				shall be at least that specified on the approval plate for that equipment. Air
				quantity measurements to determine compliance with this requirement shall be
				made at the individual unit of diesel-powered equipment.
6.4. Where multiple units are operated, the
				minimum quantity shall be at least one hundred percent of MSHA's Part 7
				approval plate quantities for each unit operating in that split. Air quantity
				measurements to determine compliance with this requirement shall be made at the
				most downwind unit of diesel-powered equipment that is being operated in that
				air split. Should MSHA promulgate new regulations that change the MSHA Part 7
				approval plate ventilation rate, the minimum quantity where multiple units are
				operated shall be revised on a direct ratio basis upon recommendation of the WV
				Diesel Commission.
6.5. The minimum
				quantities of air on any split where any diesel-powered equipment is operated
				shall be in accordance with the minimum air quantities required in subsections
				(6.1) and (6.2) and shall be specified in the mine diesel ventilation
				plan.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-8 - Fuel Storage Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. An
				underground diesel fuel storage facility shall be any facility designed and
				constructed to provide for the storage of any mobile diesel fuel transportation
				unit(s) or the dispensing of diesel fuel.
8.2. Diesel-powered equipment shall be used
				underground only with fuel that meets the standards of the most recently
				approved EPA guidelines for over-the-road-fuel. Additionally, the fuel shall
				also meet the ASTM D975 fuel standards with a flash point of one hundred
				degrees Fahrenheit or greater at standard temperature and pressure. The
				operator shall maintain a copy of the most recent delivery receipt from the
				supplier that will prove that the fuel used underground meets the standard
				listed above.
8.3. Underground
				diesel fuel storage facilities shall meet the following general requirements:
8.3.a. Fixed underground diesel fuel storage
				tanks are prohibited.
8.3.b. No
				more than five hundred gallons of diesel fuel shall be stored in each
				underground diesel fuel storage facility.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-9 - Transfer of Diesel Fuel

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Diesel fuel
				shall be transferred as provided in this section.
9.2. When diesel fuel is transferred by means
				of a pump and a hose equipped with a nozzle containing a self-closing valve, a
				powered pump may be used only if:
9.2.a. the
				hose is equipped with a nozzle containing a self-closing valve without a
				latch-open device; and
9.2.b. the
				pump is equipped with an accessible emergency shutoff switch.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-10 - Containers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Containers for the transport of diesel
				fuel shall meet the requirements of this section.
10.2. Diesel fuel shall be transported only
				in containers specifically designed for the transport of diesel fuel.
10.3. No more than one safety can,
				conspicuously marked, shall be transported on a vehicle at any time.
10.4. Containers other than safety cans used
				to transport diesel fuel shall be provided with the following:
10.4.a. Devices for venting.
10.4.b. Self-closing caps.
10.4.c. Vent pipes at least as large as the
				fill or withdrawal connection, whichever is larger, but not less than one and
				one-fourth inch nominal inside diameter.
10.4.d. Liquid-tight connections for all
				container openings that are identified by conspicuous markings and closed when
				not in use.
10.4.e. Shutoff valves
				located within one inch of the tank shell on each connection through which
				liquid can normally flow.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-11 - Fire suppression for Equipment and Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Fire suppression systems for
				diesel-powered equipment and fuel transportation units shall meet the
				requirements of this section.
11.2.
				The system must be an automatic multipurpose dry-powder type fire suppression
				system suitable for the intended application and listed or approved by a
				nationally recognized independent testing laboratory. Installation requirements
				are as follows:
11.2.a. The system shall be
				installed in accordance with the manufacturer's specifications and the
				limitations of the listing or approval.
11.2.b. The system shall be installed in a
				protected location or guarded to minimize physical damage from routine
				operations.
11.2.c. Suppressant
				agent distribution tubing or piping of the system shall be secured and
				protected against damage, including pinching, crimping, stretching, abrasion
				and corrosion.
11.2.d. Discharge
				nozzles of the system shall be positioned and aimed for maximum fire
				suppression effectiveness in the protected areas. Nozzles shall also be
				protected against the entrance of foreign materials such as mud, coal dust or
				rock dust that could prevent proper discharge of suppressant agent.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-12 - Fire suppression for Storage Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Fire suppression systems for diesel
				fuel storage areas shall meet the requirements of this section.
12.2. The system shall be an automatic
				multipurpose dry-powder type fire suppression system or other system of equal
				capability, suitable for the intended application and listed or approved by a
				nationally recognized independent testing laboratory. The system shall meet the
				following installation requirements:
12.2.a.
				The system shall be installed in accordance with the manufacturer's
				specifications and the limitations of the listing or approval.
12.2.b. The system shall be installed in a
				protected location or guarded to minimize physical damage from routine
				operation.
12.2.c. Suppressant
				agent distribution tubing or piping of the system shall be secured and
				protected against damage, including pinching, crimping, stretching, abrasion
				and corrosion.
12.2.d. Discharge
				nozzles of the system shall be positioned and aimed for maximum fire
				suppression effectiveness in the protected areas. Nozzles must also be
				protected against the entrance of foreign materials such as mud, coal dust and
				rock dust that could prevent proper discharge of suppressant agent.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-13 - Use of Certain Starting Aids Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The use of volatile or chemical
				starting aids is prohibited.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-14 - Fueling

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. 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 Commission outlining the special safety precautions that will be taken to
				insure the protection of miners. Such plan shall specify a location, (such as
				end of the tail track or adjacent to the load out point), where fueling will be
				conducted in the intake escapeway and all other safety precautions that will be
				taken, which shall include an examination of the area for spillage or fire by a
				qualified person.
14.2. 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 therein.
14.3. At
				least one person 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.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-15 - Fire and Safety Training

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. All
				underground employees at the mine shall receive special instruction related to
				fighting fires involving diesel fuel. This training may be included in annual
				refresher training under MSHA regulations at 30 CFR Part 48 (relating to
				training and retraining of miners) or included in the fire drills required
				under MSHA regulations at    30 CFR 75.1101-23    (relating to program of
				instruction; location and use of fire fighting equipment; location of
				escapeways, exits and routes of travel; evacuation procedures; fire
				drills.)
15.2. All miners shall be
				trained in precautions for safe and healthful handling and disposal of
				diesel-powered equipment filters. All used intake air filters, exhaust diesel
				particulate matter filters and engine oil filters shall be placed in their
				original containers or other suitable enclosed containers and removed from the
				underground mine to the surface. Arrangements will be made for safe handling
				and disposal of these filters within a timely manner after they have reached
				the surface.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-16 - Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Diesel-powered equipment shall be
				maintained in an approved and safe condition as described in this article or
				shall be removed from service.
16.2. An operator choosing to use diesel
				equipment in an underground coal mine must develop a maintenance plan and
				submit his plan to the WV Diesel Commission for approval. Failure of the mine
				operator to comply with the maintenance requirements of this subsection may
				result in the revocation of the commission's approval of the complete
				diesel-powered equipment package, provided appropriate notification has been
				given to the mine operator and the procedures of this section have been taken.
				Upon receiving such notice, the mine operator shall have thirty days to submit
				a plan to achieve and maintain compliance. Such plan shall be evaluated by the
				commission, and, upon approval, the mine operator shall implement the plan. The
				commission shall monitor the mine operators' compliance. At any time the
				commission determines that the mine operator is unable or unwilling to comply,
				the commission shall revoke the mine operator's approval, which would in turn
				prohibit use of all diesel equipment at that mine.
16.3. To acquire and maintain approval of a
				complete diesel-powered equipment package, the mine operator shall comply with
				the following requirements:
16.3.a. 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 §
										196-1-24.
16.3.b. Service and maintenance of approved
				complete diesel-powered equipment packages shall be performed according to:
16.3.b. (i) the specified routine maintenance
				schedule;
16.3.b. (ii) on-board
				performance and maintenance diagnostics readings;
16.3.b. (iii) emissions test results;
				and
16.3.b. (iv) component
				manufacturer's recommendations.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-17 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. A record shall be made of all emissions
				tests, preoperational examinations and maintenance and repairs of complete
				diesel-powered equipment packages. The records made pursuant to this section
				shall meet the requirements of the section.
17.2. The person performing the emissions
				test, examination, maintenance or repair shall certify by date, time, engine
				hour reading and signature that the emissions test, examination, maintenance or
				repair was made.
17.3. Records of
				emissions tests and examinations shall include the specific results of such
				tests and examination.
17.4.
				Records of maintenance and repairs shall include the work that was performed,
				any fluids or oil added, parts replaced or adjustments made and the results of
				any subsequently required emissions testing.
17.5. Records of preoperational examinations
				shall be retained for the previous one hundred-hour maintenance
				cycle.
17.6. Records of emissions
				tests, one hundred-hour maintenance tests and repairs shall be countersigned
				once each week by the certified mine electrician or mine foreman.
17.7. All records required by this section
				shall be retained for at least one year at a surface location at the mine and
				made available for inspection by the commission, district mine inspector and by
				miners and their representatives.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-18 - Duties of Operator

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Prior to
				using a piece of diesel-powered equipment during a shift, an equipment operator
				shall conduct an examination as follows:
18.1.a. Check the exhaust emissions control
				and conditioning system components to determine that the components are in
				place and not damaged or leaking.
18.1.b. Assure that the equipment is clean
				and free of accumulations of combustibles.
18.1.c. Assure that the machine is loaded
				safely.
18.1.d. Check for external
				physical damage.
18.1.e. Check for
				loose or missing connections.
18.1.f. Check engine oil level.
18.1.g. Check transmission oil
				level.
18.1.h. Check other fluid
				levels, if applicable.
18.1.i.
				Check for hydraulic, coolant and oil leaks.
18.1.j. Check fan, water pump and other
				belts.
18.1.k. Check the fan for
				damage.
18.1.l. Check
				guards.
18.1.m. Check the fuel
				level.
18.1.n. Check for fuel
				leaks.
18.1.o. Comply with record
				keeping requirements pursuant to §
										196-1-17.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-19 - Scheduled Maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. At
				intervals not exceeding one hundred hours of engine operation, a qualified
				mechanic shall perform the following maintenance and make all necessary
				adjustments or repairs or remove the equipment from service:
19.1.a. Wash or steam-clean the
				equipment.
19.1.b. Check for and
				remove any accumulations of coal, coal dust or other combustible
				materials.
19.1.c. Check the
				equipment for damaged or missing components or other visible defects.
19.1.d. Conduct electrical and safety
				component inspections.
19.1.e.
				Replace engine oil and filter. The WV Diesel Commission may approve a
				replacement interval greater than 100 hours.
19.1.f. Check the transmission oil level and
				add oil, if necessary.
19.1.g.
				Check hydraulic oil level and add oil, if necessary.
19.1.h. Check the engine coolant level and
				add coolant, if necessary.
19.1.i.
				Check all other fluid levels and add fluid, if necessary.
19.1.j. Check for oil, coolant and other
				fluid leaks.
19.1.k. Inspect the
				cooling fan, radiator and shroud. Remove any obstructions and make necessary
				repairs.
19.1.l. Check all belts.
				Tighten or replace, if necessary.
19.1.m. Check the battery and service as
				necessary.
19.1.n. Check the
				automatic fire suppression system.
19.1.o. Check the portable fire
				extinguisher.
19.1.p. Check the
				lights.
19.1.q. Check the warning
				devices.
19.1.r. With the engine
				operating, check and replace or repair the following:
19.1.r.(I) Oil pressure.
19.1.r. (ii) Intake air restriction at full
				engine speed.
19.1.r.(iii) Exhaust
				gas restriction at full engine speed.
19.1.r.
				(iv) Exhaust flame arrestor.
19.1.r. (v) All gauges and
				controls.
19.1.s. Conduct
				repeatable loaded engine-operating test in accordance with section
				§
										196-1-20.
19.1.t. Evaluate
				and interpret the results of all of the above tests and examinations and make
				all necessary repairs or remove equipment from service.
19.1.u. Comply with recordkeeping
				requirements pursuant to section §
										196-1-17.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-20 - Emissions Monitoring and Control

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. Emissions for diesel-powered equipment
				shall be monitored and controlled as provided in this section.
20.2. When any diesel-powered machine first
				enters service at a mine, baseline emission values shall be determined by a
				qualified mechanic. Unless the WV Diesel Commission approves an alternate
				procedure, the qualified mechanic shall:
20.2.a. Verify that the seal on the engine
				fuel injector pump is in place and that the proper fuel pump is on the
				equipment.
20.2.b. Install a new
				clean intake air cleaner, measure and record the intake restriction
				pressure.
20.2.c. Check the level
				of engine oil.
20.2.d. Change the
				engine lubrication oil if not fresh.
20.2.e. Check the level of the transmission
				fluid.
20.2.f. Flush the exhaust
				system, if needed. Measure and record the exhaust back pressure. If exhaust gas
				backpressure is above that recommended by the Manufacturer, then steps must be
				taken to bring the exhaust gas back pressure within the Manufacturer's
				recommended limit prior to beginning the test described in this
				section.
20.2.g. Test the
				brakes.
20.2.h. Place the equipment
				into an intake entry.
20.2.i. Set
				the brakes and chock the wheels.
20.2.j. Install the portable carbon monoxide
				(CO) sampling device into the untreated exhaust gas coupling provided in the
				operator's cab.
20.2.k. Start the
				engine and allow it to warm up to operating temperature.
20.2.l. For mobile equipment, shift into the
				highest gear and put the engine at full throttle, or for stationary equipment,
				induce a load and put the engine at full throttle.
20.2.m. Start the CO sampler and measure and
				record CO levels every minute for five minutes.
20.2.n. Comply with recordkeeping
				requirements pursuant to section §
										196-1-17.
20.2.o. An alternative to the testing
				provided in the aforementioned subsections may be developed by the WV Diesel
				Commission,.
Note: CO baseline emissions must be representative of MSHA's
				  approval data
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-21 - Diagnostic testing

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. At
				intervals not exceeding once every one hundred hours of engine operation, a
				qualified mechanic shall perform equipment maintenance diagnostic testing of
				each piece of diesel-powered equipment in the mine. The qualified mechanic
				shall:
21.1.a. verify the identification
				numbers on the equipment;
21.1.b.
				check the level of the engine lubricating oil;
21.1.c. check the level of the transmission
				fluid;
21.1.d. set the brakes and
				chock the wheels;
21.1.e. install
				the portable CO sampling device into the untreated exhaust port coupling
				provided in the operator's cab;
21.1.f. start the engine and allow it to warm
				up to operating temperature;
21.1.g. check the intake restriction and the
				exhaust back pressure at high idle speed;
21.1.h. if the intake restriction is more
				than the manufacturer's maximum recommended intake restriction, replace the
				intake filter with a clean one;
21.1.i. if exhaust gas backpressure is above
				that recommended by the Manufacturer, then steps must be taken to bring the
				exhaust gas back pressure within the Manufacturer's recommended limit prior to
				beginning the test described in this section;
21.1.j. for mobile equipment, shift into the
				highest gear and put the engine at full throttle, or for stationary equipment,
				induce a load and put the engine at full throttle.
21.1.k. start the CO sampler and record CO
				levels every minute for five minutes;
21.1.l. install the portable CO sampling
				device into the treated exhaust port coupling provided in the operator's cab
				and repeat steps (21.l) and (21k);
21.1.m. if the average CO reading for
				untreated exhaust gas is greater than twice the baseline established under
				§
										196-1-20 or if the average CO reading for treated exhaust gas is greater
				than 100 ppm, the equipment has failed and must be serviced and retested before
				it is returned to regular service; and
21.1.n. comply with recordkeeping
				requirements pursuant to §
										196-1-17.
21.1.o. an alternative to the testing
				provided in subsections 21.1.a. thru 21.1.n. may be developed and/or approved
				by the WV Diesel Commission
.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-23 - Equipment-Specific Training

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				Equipment-specific hands-on orientation training shall be given in an area of
				the mine where the equipment will be operated. This orientation shall be
				specific to the type and make of the diesel machine and shall be presented in
				small groups. The following subjects shall be included in the training:
23.1.a. Equipment layout, which shall include
				familiarization with the layout of the equipment, the operator's compartments
				and the controls.
23.1.b.
				Pre-operation inspection, which shall include familiarization with the
				pre-operation inspection procedure and review of specific details of the
				inspection and location of the components to be inspected.
23.1.c. Equipment limitations, which shall
				include instruction relating to equipment performance, speeds, capacities and
				blind areas.
23.1.d. Operating
				areas, which shall include instruction relating to areas in which the equipment
				may be operated.
23.1.e. Operation,
				which shall include familiarization with the controls, gauges and warning
				devices and safe operating limits of all indicating gauges.
23.1.f. Refueling procedure, which shall
				include familiarization with fuel handling, permissible refueling areas, spill
				prevention, cleanup and potential hazards from diesel fuel.
23.1.g. Emergency devices, which shall
				include instruction relating to the location and use of the fire extinguisher
				and fire suppression devices.
23.1.h. Driving practice, which shall include
				supervised operation of the equipment.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-25 - Operation of Diesel-Powered Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. In addition to other requirements of
				this article, diesel-powered equipment shall be operated pursuant to the
				standards set forth in this section.
25.2. All diesel-powered equipment shall be
				attended while in operation with the engine running in underground
				mines.
25.3. Unnecessary idling of
				diesel-powered equipment shall be prohibited.
25.4. All roadways where diesel-powered
				equipment is operated shall be maintained as free as practicable from bottom
				irregularities, debris and wet or muddy conditions that will affect control of
				the equipment.
25.5. Operating
				speeds shall be consistent with conditions of roadways, grades, clearances,
				visibility and traffic and type of equipment used.
25.6. Equipment operators shall have full
				control of the mobile equipment while it is in motion.
25.7. Traffic rules, including speed, signals
				and warning signs, shall be standardized at each mine and posted.
25.8. All diesel-powered equipment shall be
				maintained in a safe and healthful operating condition. Equipment in an unsafe
				or unhealthful condition or not maintained in accordance with the engine or
				emissions control operating specifications shall be removed from service
				immediately and shall not be returned to service until all necessary corrective
				actions have been taken.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-26 - Diesel Inspectors; Employment; Training

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1. Prior to the implementation of this
				Rule, the West Virginia Office of Miners' Health Safety and Training shall
				employ a diesel inspector in each of the State's four Regional
				offices.
26.2. The diesel inspector
				may be assigned other duties as prescribed by the Director.
26.3. The West Virginia Office of Miners'
				Health Safety and Training shall provide the diesel inspectors with specific
				training in the Rules for Operating Diesel Equipment in Underground Mines; also
				they shall train and equip the diesel inspectors with the proper equipment so
				that the inspectors may effectively test for diesel emissions and properly
				enforce the Rules for Operating Diesel Equipment in Underground Mines as
				prescribed by the WV Diesel Commission.
26.4. The diesel inspectors shall be trained
				in accordance with criteria as established and approved by the WV Diesel
				Commission.
26.5. After the
				implementation of the Rules for Operating Diesel Equipment in Underground
				Mines, the West Virginia Office of Miners' Health Safety and Training shall
				employ additional diesel inspectors as needed.
West Virginia Code of State Rules › Agency 196 - Diesel Equipment Commission › Title 196 - LEGISLATIVE RULE DIESEL EQUIPMENT COMMISSION › Series 196-01 - Rules For Operating Diesel Equipment In Underground Mines In WV › Section 196-1-27 - Diesel Inspector - Training Course

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. Training for diesel inspectors shall
				include, but is not limited to, the following:
27.1.a. Engine Fundamentals - Components and
				Operation of a Diesel Engine
27.1.b. Fuel Standards - Fuel Requirements
				and Effect of Various Fuels on DPM Emissions
27.1.c. Diesel Regulations - State and
				Federal
27.1.d. DPM - Health
				Effects
27.1.e. Factors that
				increase/decrease DPM emissions
27.1.f. Emission Control Techniques -
				Operation, Maintenance and Testing
27.1.g. Diagnostics - Instruments, Testing
				and Evaluation
27.1.h. Inspection
				Techniques - Enforcement
27.1.i.
				Ventilation
27.1.j. Fire
				Suppression Systems - Operation, Testing and Maintenance
27.1.k. Emergency Procedures - Firefighting,
				Spills/Containment
27.1.l. Fuel
				Handling/Storage
27.1.m.
				Manufacturer Training
27.1.n.
				Training Requirements - Plans, Record keeping
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-01 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Section 197-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is being filed
				pursuant to W. Va. Code '29A-3-1 et seq. and W. Va. Code '18-10K-3. This rule
				establishes procedures and standards applicable to the implementation of the
				West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Act.
				Under this Act, the West Virginia Traumatic Brain and Spinal Cord Injury
				Rehabilitation Fund Board may make funding available for services to qualified
				individuals for approved purposes in accordance with this rule.
1.2. Authority. -- W. Va. Code
				'18-10K-3.
1.3. Filing Date. -- May
				4, 2000.
1.4. Effective Date. --
				July 1, 2000.
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-01 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Section 197-1-2 - Description of Program

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. General
				Purpose. The West Virginia Legislature created and established the West
				Virginia Traumatic Brain And Spinal Cord Injury Rehabilitation Fund from which
				the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund
				Board may pay for services for eligible individuals who have suffered a
				traumatic brain injury or a spinal cord injury. Services will be provided to
				increase opportunities for and enhance the achievement of functional
				independence and enable a return to a productive lifestyle. Moneys from the
				Fund may also be used to enable the Board to investigate the needs of citizens
				with traumatic brain and spinal cord injuries, identify any gaps in services to
				these citizens, and issue an annual report to the Legislature with
				recommendations for meeting the identified needs, improving coordination of
				services and summarizing its actions during the preceding year.
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-01 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Section 197-1-3 - Criteria and Priorities For Use of Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				The Board establishes the following criteria and priorities for disbursement of
				moneys from Fund for services.
3.2.
				Any person who:
(1) is eligible under this
				rule;
(2) needs a service not being
				provided or needs a service which is not otherwise available;
(3) is not eligible to receive services from
				any other source; and,
(4) requests
				services that would assist the individual to achieve functional independence
				shall be served prior to persons who are currently receiving a service from
				another resource. Provided that: The Board shall establish an application
				review team consisting of one board member and other members designated by the
				Director of the Division of Rehabilitation Services to review applications for
				services and to authorize funding of services for individuals based upon
				priorities established by the board.
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-01 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Section 197-1-5 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Any person, denied services by the
				application review team has the right to appeal that decision. Any appeal shall
				be submitted in writing in the form of a letter to the chairperson of the Board
				and must be received by the chairperson within 30 days of receipt of an adverse
				decision by the appellant. There shall be a three member appeals panel
				appointed to hear the appeal. Two members of the panel shall be members of the
				Board appointed by the Chairperson and the other member of the panel shall be
				selected by the person filing the appeal. The appeals panel shall select a
				chairperson and it has the authority to render a decision by majority vote. The
				appeals panel shall issue a written decision within 30 days after the hearing
				or within 30 days of receipt of the appeal letter if a hearing on the matter is
				waived by joint agreement of the parties. The decision of the appeals panel is
				the final administrative decision. Either party may appeal the final
				administrative decision to the circuit court.
5.2. A person requiring assistance in making
				an application for moneys under this Fund shall be advised of his or her rights
				to appeal any decision. The person shall also be advised on where he or she may
				seek assistance for help in making an appeal. The person may have a
				representative of his or her choice present at an appeals hearing.
West Virginia Code of State Rules › Agency 197 - Traumatic Brain And Spinal Cord Injury Rehabilitation Fund › Title 197 - LEGISLATIVE RULE WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND › Series 197-02 - WV Traumatic Brain And Spinal Cord Injury Rehabilitation Fund Board Procedural Rules › Section 197-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules are being filed
				pursuant to W. Va. Code ''29A-3-1 et seq. and 18-10K-3. These rules establish
				procedures under which the West Virginia Traumatic Brain and Spinal Cord Injury
				Rehabilitation Fund Board conducts business.
1.2. Authority. -- W. Va. Code ''29A-3-1 et
				seq. and 18-10K-3.
1.3. Filing
				Date. -- June 30, 1999.
1.4.
				Effective Date. -- August 1, 1999.