West Virginia Code of State Rules Agency 196 - Diesel Equipment Commission
West Virginia Agency 196 — Diesel Equipment Commission
1. Overview
Agency 196 governs diesel-powered equipment in underground coal mines in West Virginia. Its main goal is to protect miners from hazards associated with diesel engines, such as:
Diesel particulate matter (DPM)
Carbon monoxide and other exhaust gases
Fire and mechanical hazards
The rules ensure that all diesel equipment used underground is approved, maintained, and operated safely.
Originally, these rules were overseen by the Diesel Equipment Commission. However, under West Virginia law, the Commission has been abolished, and its authority was transferred to the Director of the Office of Miners’ Health, Safety and Training. The rules themselves remain in force until updated or replaced.
2. Purpose and Scope
The rules are designed to:
Regulate approval of diesel equipment before it is used underground.
Control emissions and improve air quality in mines.
Ensure proper operation and maintenance of diesel equipment.
Provide enforcement authority to inspectors.
They cover all underground diesel-powered mining vehicles, engines, and attachments that could affect miner safety.
3. Key Sections
A. Definitions
Defines terms such as:
Diesel engine
Diesel power package
Exhaust emissions control system
MSHA (Mine Safety and Health Administration)
These definitions clarify what equipment and components are regulated.
B. Diesel Equipment Approval
Diesel-powered equipment must be approved as a complete power package before underground use.
The package includes the engine, emissions control devices, and documentation such as model numbers, mine location, and minimum ventilation requirements.
Approval ensures safety compliance and traceability.
C. Operating Standards
Diesel equipment must be attended at all times while running.
Unnecessary idling is prohibited.
Speed limits and traffic rules must be followed underground.
Equipment must be removed from service if it becomes unsafe.
Operators must be trained to maintain control and prevent hazards.
D. Emissions and Exhaust Control
Diesel engines must have effective exhaust treatment systems to reduce harmful emissions.
Regular testing of diesel particulate matter and carbon monoxide is required.
Continuous monitoring systems must be in place to ensure emissions stay within limits.
E. Diagnostic Testing
Diesel equipment must undergo diagnostic testing at least every 100 hours of operation.
Tests measure engine performance, emissions, and backpressure.
Equipment that fails testing cannot return to service until repaired.
F. Diesel Inspectors
The Director of the Office of Miners’ Health, Safety and Training must employ inspectors to enforce these rules.
Inspectors monitor equipment compliance, review records, and ensure safe operations.
4. Enforcement and Compliance
Mines must maintain records of diesel equipment approval, diagnostic tests, and maintenance.
Violations can lead to equipment removal or fines.
State inspectors have authority to enforce the rules, even though the original Diesel Equipment Commission no longer exists.
5. Case Law and Legal Context
Direct case law on Agency 196 is limited. West Virginia courts rarely issue opinions on the technical diesel equipment rules.
Most interpretations focus on administrative authority, confirming that the Director may enforce or modify these rules after the Commission was abolished.
Federal cases on diesel mining equipment generally support the requirement for testing and emissions control but do not override state rules.
Statutory guidance emphasizes that specific state rules for diesel equipment control take precedence where applicable.
6. Key Takeaways
Approval and Tracking: Every diesel engine must be approved and documented.
Health Protection: Emissions control systems and air monitoring protect miners’ health.
Operational Safety: Rules govern speed, traffic, and maintenance underground.
Inspection and Enforcement: Trained inspectors ensure compliance.
Statutory Authority: Even though the Commission was abolished, the rules remain valid under the Director’s authority.
Summary: Agency 196 ensures that diesel-powered equipment in underground coal mines is safe, emissions-compliant, and properly maintained, with enforcement authority assigned to the Director of Miners’ Health and Safety.
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