The State’s Gas Industry and Farm Bureau have joined together to challenge the validity of the final rule recently promulgated by the State Board of Coal Mine Health & Safety requiring active gas lines to be marked on bonded mine property.
The action was filed in West Virginia’s Southern Federal District Court on Monday (the effective date of the rule) alleging the Board lacks jurisdiction over gas interests and the Board’s rule preempts regulatory authority of the US Dept. of Transportation and WV Public Service Commission over gas operations and pipeline safety.
The rules were promulgated by the Board following a mining fatality in 2006 when a dozer operator struck an active gas line. The rules became effective on June 16 and provide for a ninety (90) day period for gas operators to identify and mark active gas lines. The rules also require gas operators to give notice to coal operators before they commence work on bonded mine property to ensure safety communications and coordination of work on bonded property.