Pennsylvania’s recent, rapid publication of revisions to its storage and handling regulations, 25 Pa. Code Chapter 211, highlights one of the pitfalls of having fireworks lumped together with other explosives. The lack of a separate statutory scheme to regulate fireworks causes the industry to incur the same costs that apply to users of high explosives.
Given the dominance of mining in Pennsylvania, explosives, including fireworks, are subject to the regulations described in the code chapter entitled ‘Mining and Reclamation’. A definitional deficiency may be the culprit. The Chapter defines (in subsection .101) fireworks as an explosive, together with all other explosives, high and low. The only relief fireworks users are given is found in the subsection governing storage (subsection .115), which provides that users of high explosives and detonators shall now comply with inner perimeter requirements; other users, such as fireworks, need only comply with outer perimeter requirements. Interestingly, while the storage provisions provides enhanced measures for users of high explosives, no definition of high explosive is provided for guidance.
Naturally, this author is predisposed to weigh in favor of loosening regulations for the fireworks industry. Consequently, my antenna rise when I read in the notice of final rulemaking that “[t]he benefits of this rulemaking are difficult to quantify.”, while the risks sought to be protected against—loss of detonators and associated explosives—seemingly pertain to mining industry operations, not fireworks. The savings cited arise “in the form of prevention of possible lawsuits stemming from explosives stolen from an inadequately secured site, resulting in harm to people and property.” and, are, at best, illusory. Similarly, while the drafters surmise that lower insurance premiums due to improved security measures will inure to the benefit of the industry, none of the purported savings have been quantified or substantiated, nor, for that matter, have the expenses associated with compliance.
Leading the nation in theft of explosives, Pennsylvania’s Environmental Quality Board has determined that current federal and state regulations are inadequate and, therefore, need to be improved in the form of perimeter enhancement, among other less intrusive, and less expensive, measures. Licensees of magazines storing fireworks may come to see similar perimeter enhancement regulations in a jurisdiction near you if something is not done to start the process of separating fireworks from being associated with other explosives, especially high explosives. Laudably, the recent security measures imposed by Pennsylvania are subject to a ‘sunset review’ “to determine whether the regulation effectively fulfills the goals for which it is intended.” Here’s to best intentions.
