West Virginia Code of State Rules › Agency 38 - Mining And Reclamation › Title 38 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION MINING AND RECLAMATION › Series 38-02C - Rules For Standards For Certification Of Blasters - Surface Coal Mines › Section 38-2C-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. 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).
1.3. Filing Date -
1.4. Effective Date -
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.