On Tuesday, March 27, 2013, the Board of Coal Mine Health and Safety voted to “propose” administrative rules to implement the new standards for machine-mounted, methane gas monitors in underground coal mines.
The proposed rule purports to implement WV Code §22A-2-43 (H) & (I) “Actions to detect and respond to excess methane” and the Board’s charge to promulgate rules establishing calibration procedures, defining the term “sustained period” for purposes of implementing this section, and establishing a compliance schedule.
The Board could not agree on a definition of “sustained period” and opted to solicit comments on this critical term from the mining community. In its proposed rule, the Board established a three (3) year period for new machines to be refitted with new methane monitors and a five (5) year period for existing machines.
A thirty day comment period extending through the month of April was established to receive public comment on the Board’s proposal. The Board’s original deadline for promulgating this rule was October 4, 2012