Current through Register Vol. XLI, No. 43, October 25, 2024
Section 36-54-2 - Effect of Law and Regulations2.1. Theserules and regulations shall have the effect of law and violations shall be deemed a violation of law and so cited with the same effect as law2.2. These rules and regulations are intended to increase the degree of safety called for by § 22A-2-43(h) calling for the automatic de-energization of the extraction apparatus when methane concentration at any machine-mounted methane monitor reaches one and twenty-five one hundredths percent for a sustained period.2.3. These rules and regulations are intended as a response to the legislative mandate in § 22A-2-43(i) requiring the Board of Coal Mine Health and Safety to promulgate legislative rules defining the term "sustained period" as in § 22A-2-43(h)(1) as well as establishing a compliance schedule to all machine mounted methane monitors to be refitted with methane monitors able to detect methane at one and twenty-five one hundredths percent.2.4. These rules and regulations, as they increase the degree of safety called for by the West Virginia Legislature, are intended to act as a replacement and a call for appeal of existing legislative language as found in § 22A-2-43(h) and § 22A-2-43(i).