Current through Register Vol. XLI, No. 50, December 13, 2024
Section 38-2C-1 - General1.1. Scope - This rule establishes criteria for training and examination procedures for the certification and re-certification of persons storing, handling, transporting, or using, explosives on surface mining operations in the State, and provides for administrative, civil, and criminal penalties for persons violating the blasting requirements of West Virginia Code § 22-3-1 et seq. and the rules promulgated under that article.1.2. Authority - West Virginia Code 22-1-3, 22-1-3a, 22-3-4(b) (1), 22-3-13(b) (15) (D).1.5. Incorporation by Reference - Federal Counterpart Regulations - The federal counterpart regulation is found at 30-CFR-850. Subparts 1 - 15 give general guidance for developing state programs for the training, examination, and certification of blasters, and lists specific criteria for program elements. The regulation leaves the development of procedural criteria to the State. The Director has determined that the federal counterpart regulation does not provide sufficient criteria in adequate detail to give necessary guidance to the agency, the public, or the regulated industry to justify its incorporation by reference.
Since the Environmental Protection Advisory Council was not yet established at the time of filing this proposed rule., it was not possible to consult with the Council.
1.6. Determination of Stringency - Federal Counterpart Regulations - The general nature of the federal counterpart regulation as discussed in subsection 1.5 of this section does not lend itself well to a direct item by item comparison of content. This rule contains the required criteria set forth in the federal counterpart regulation. However, this rule expands upon the procedural implementation of the required criteria in a way which is consistent with the federal programmatic requirements. Therefore; the Director has determined that this rule is not construed to be. more stringent or less stringent than the federal counterpart regulation. 1.7 Constitutional Takings Determination - The Director has determined, and does state, that this rule does not constitute a constitutional taking of real property.1.8. Repeal of Former Rule - This rule repeals an existing rule, Standards for Certification of Blasters for Surface Coal Mines and Surface Areas of Underground Mines (56-CSR-5) , which was promulgated by the Board of Miners' Health, Safety, and Training and which contains similar provisions. Authority under the existing rule was transferred to the Division of Environmental Protection by executive order under the authority of West Virginia Code § 22-1-9.1.9. Consultation with the Board of Miner Training, Education, and Certification - The Director will consult with the Board of Miner Training, Education, and Certification (Board) in establishing criteria and standards for a program of education, training, examination, and certification of blasters on surface mining operations and surface areas of underground mines. The Board may, from time to time, conduct hearings and other oversight activities as may be required to ensure full implementation of the blaster certification program, or exercise other powers and duties granted pursuant to West Virginia Code § 22A-7-5.