405 KAR 30:250. Use of explosives.
RELATES TO: KRS 350.600
STATUTORY AUTHORITY: KRS 224.033,
350.028, 350.050, 350.600
NECESSITY, FUNCTION, AND CONFORMITY: KRS
350.600 requires the Environmental and Public Protection Cabinet to develop administrative
regulations for oil shale operations to minimize and prevent their adverse
effects on the citizens and the environment of the Commonwealth. This
administrative regulation sets forth the requirements relating to the use of
explosives.
Section 1. General. (1) The permittee
shall comply with all applicable local, state and federal laws and regulations
and the requirements of this administrative regulation in the storage,
handling, preparation, and use of explosives.
(2) Blasting operations that use more than
the equivalent of five (5) pounds of TNT shall be conducted according to a time
schedule approved by the cabinet.
(3) All blasting operations shall be
conducted by experienced, trained, and competent persons who understand the
hazards involved. Persons working with explosive materials shall:
(a) Have demonstrated a knowledge of, and
a willingness to comply with, safety and security requirements;
(b) Be capable of using mature judgment
in all situations;
(c) Be in good physical condition and not
addicted to intoxicants, narcotics, or other similar types of drugs;
(d) Possess current knowledge of the
local, state, and federal laws and regulations applicable to the work; and
(e) Have obtained a certificate of
completion of training and qualifications as required by KRS 351.315.
Section 2. Blasting Plan. A blasting plan
shall be submitted with the permit application for approval by the cabinet. The
blasting plan shall contain the following in addition to any other blasting
procedures which may be peculiar to the proposed operation or which may be
required by a preblasting survey:
(1) The blasting schedule stipulating the
hours during which blasting will be conducted;
(2) Types of audible warning and
all-clear signals which will be used before and after blasting;
(3) Whether the permittee intends to use
seismograph measurements for every blast or whether the formula in Section 7 of
this administrative regulation will be followed;
(4) Location of where record of each
blast will be retained and will be available for inspection by the cabinet and
the public;
(5) Name and address of newspapers in
which the blasting schedule will be published;
(6) Names and addresses of local
governments and public utilities to which blasting schedules will be mailed;
and
(7) A description of how emergency
situations as defined in Section 6(2) of this administrative regulation will be
handled when it may be necessary to blast at times other than those described
in the schedule.
Section 3. Preblasting Survey. The
cabinet may require that a preblasting survey be made and may determine the
area to be included in the survey.
(1) On the request to the cabinet of a
resident or owner of a manmade dwelling or structure that is located within
one-half (1/2) mile of any part of the permit area, the permittee shall
promptly conduct a preblasting survey of the dwelling or structure and submit a
report of the survey to the cabinet.
(2) Personnel approved by the cabinet
shall conduct the survey to determine the condition of the dwelling or
structure and to document any preblasting damage and other physical factors
that could reasonably be affected by the blasting. Assessments of structures
such as pipes, cables, transmission lines, and wells and other water systems
shall be limited to surface condition and other readily available data. Special
attention shall be given to the preblasting condition of wells and other water
systems used for human, animal, or agricultural purposes and to the quantity
and quality of the water.
(3) A written report of the survey shall
be prepared and signed by the person or persons who conducted the survey and
prepared the written report. The report shall include recommendations for any
special considerations or proposed adjustments to the blasting procedures
outlined in Sections 6 through 9 of this administrative regulation which should
be incorporated into the blasting plan to prevent damage. Copies of the report
shall be provided to the person requesting the survey and to the cabinet.
Section 4. Public Notice of Blasting
Schedule. At least ten (10) days, but not more than twenty (20) days before
beginning a blasting program in which explosives that use more than the
equivalent of five (5) pounds of TNT are detonated, the permittee shall publish
a blasting schedule in a newspaper of general circulation in the locality of
the proposed site. Copies of the schedule shall be distributed by mail to local
governments and public utilities and to each residence within one-half (1/2)
mile of the blasting sites described in the schedule. Copies sent to residences
shall be accompanied by information advising the owner or resident how to
request a preblasting survey. The permittee shall republish and redistribute
the schedule by mail at least every three (3) months. Blasting schedules shall
not be so general as to cover all working hours, but shall identify as
accurately as possible the location of the blasting sites and the time periods
when blasting will occur. The blasting schedule shall contain at a minimum:
(1) Identification of the specific areas
in which blasting will take place. The specific blasting areas described shall
not be larger than 300 acres with a generally contiguous border;
(2) Dates and time when explosives are to
be detonated expressed in increments of not more than four (4) hours;
(3) Methods to be used to control access
to the blasting area;
(4) Types of audible warnings and
all-clear signals to be used before and after blasting; and
(5) A description of possible emergency
situations as defined in Section 6(2) of this administrative regulation when it
may be necessary to blast at times other than those described in the schedule.
Section 5. Public Notice of Changes to
Blasting Schedules. Before blasting in areas not covered by a previous schedule
or whenever the proposed frequency of individual detonations are materially
changed, the permittee shall prepare a revised blasting schedule in accordance
with the procedures in Section 4 of this administrative regulation. If the
change involves only a temporary adjustment of the frequency of blasts, the
permittee may use alternate methods to notify the governmental bodies and
individuals to whom the original schedule was sent.
Section 6. Blasting Procedures. (1) All
blasting shall be conducted only during daytime hours, defined as sunrise to
sunset. Based on public requests or other considerations, including the
proximity to residential areas, the cabinet may specify more restrictive time
periods.
(2) Blasting may not be conducted at
times different from those announced in the blasting schedule except in
emergency situations where rain, lightning, other atmospheric conditions, or
the safety of the operator or public requires unscheduled detonation.
(3) Warning and all-clear signals shall
be given which are of different character and are audible within a range of
one-half (1/2) mile from the point of the blast. All persons within the permit
area shall be notified of the meaning of the signals through appropriate
instructions and signs posted as required by 405 KAR 30:210 relating to signs
and markers.
(4) Access to the blasting area shall be
regulated to protect the public and livestock from the effects of blasting.
Access to the blasting area shall be controlled to prevent unauthorized entry
beginning at least ten (10) minutes before each blast and lasting until the
permittee's authorized representative had determined that no unusual circumstances
such as imminent slides or undetonated charges exist and that access to and
travel in or through the area can safely resume.
(5) Areas in which charged holes are
awaiting firing shall be guarded, barricaded and posted, or flagged against
unauthorized entry.
(6) Airblast shall be controlled such
that it does not exceed the values specified in Appendix A of this
administrative regulation at any dwelling, public building, school, church, or
commercial or institutional structure, unless such structure is owned by the
permittee and is not leased to any other person. If a building owned by the
permittee is leased to another person, the lessee may sign a waiver relieving
the permittee from meeting the airblast limitations of this subsection.
(a) In cases except the C-weighted,
slow-response, the measuring systems used shall have a flat frequency response
of at least 200 Hz at the upper end. The C-weighted shall be measured with a
Type 1 sound level meter that meets the standard American National Standards
Institute (ANSI) S1.4-1971 specifications.
(b) The permittee may satisfy the
provisions of this subsection by meeting any of the four (4) specifications in
the chart in Appendix A of this administrative regulation.
(c) The cabinet may require an airblast
measurement of any or all blasts, and may specify the location of such
measurements.
(7) Except where lesser distances are
approved by the cabinet, based upon a preblasting survey, seismic
investigations, or other appropriate investigations, and based upon the
provisions of 405 KAR 30:130, blasting shall not be conducted within:
(a) 1,000 feet of any building used as a
dwelling, school, church, hospital, or nursing facility;
(b) 500 feet of facilities including, but
not limited to, disposal wells, petroleum or gas-storage facilities,
fluid-transmission pipelines, municipal water-storage facilities, gas or
oil-collection lines, or water and sewage lines; or
(c) 500 feet of an underground mine not
totally abandoned, except with the concurrence of the Mine Safety and Health
Administration of the United States Department of Labor.
Section 7. Blasting Standards. (1) Blasting
shall be conducted to prevent injury to persons, damage to public or private
property outside the permit area, adverse impacts on any underground mine, or
change in the course, channel, or availability of ground or surface waters outside
the permit area.
(2) In all blasting operations, except as
otherwise stated, the maximum peak particle velocity of the ground motion in
any direction shall not exceed one (1) inch per second at the immediate
location of any dwelling, public building, school, church, or commercial or
institutional building. The cabinet may reduce the maximum peak particle
velocity allowed, if it determines that a lower standard is required because of
density of population or land use, age or type of structure, geology or hydrology
of the area, frequency of blasts, or other factors.
(3) Provided that blasting is conducted
in such manner as to prevent adverse impacts on any underground mine and
changes in the course, channel, or availability of ground or surface water
outside the permit area, then the maximum peak particle velocity limitation of
this section shall not apply at the following locations:
(a) At structures owned by the permittee
or the person conducting the blasting operation, and not leased to another
party; and
(b) At structures owned by the permittee
or the person conducting the blasting operation, and leased to another party,
if a written waiver by the lessee is submitted to the cabinet prior to
blasting.
(4) The maximum weight of explosives to
be detonated within any eight (8) millisecond period shall be determined by the
formula W = (D/60) squared, where W = the maximum weight of explosives, in
pounds, that can be detonated in any eight (8) millisecond period, and D = the
distance, in feet, to the nearest dwelling, school, church, or commercial or
institutional building. If the blasting is conducted in accordance with this
equation, the cabinet will consider the vibrations to be within the one (1)
inch-per-second limit.
Section 8. Seismograph Measurements. (1)
Where a seismograph is used to monitor the velocity of ground motion and the
peak particle velocity limit of one (1) inch per second is not exceeded, the
equation in Section 7(4) of this administrative regulation need not be used.
However, if the equation is not being used, a seismograph record shall be
obtained for every shot. The seismograph record shall include:
(a) The seismograph reading, including
the exact location of the seismograph and its distance from the blast;
(b) The name of the person taking the seismograph
reading; and
(c) The name of the person and firm
analyzing the seismograph record.
(2) The use of a modified equation to
determine maximum weight of explosives for blasting operations at a particular
site may be approved by the cabinet on receipt of a petition accompanied by
reports including seismograph records of test blasting on the site. However, in
no case shall the cabinet approve the use of a modified equation where the peak
particle velocity limit of one (1) inch per second required in Section 7(2) of
this administrative regulation would be exceeded.
(3) The cabinet may require a seismograph
recording of any or all blasts.
Section 9. Record of Blasting Operations.
A record of each blast, including seismograph records, shall be retained for at
least three (3) years and shall be available for inspection by the cabinet and
the public on request. The record shall contain the following data:
(1) Name of person conducting the blast;
(2) Location, date, and time of blast;
(3) Name, signature, and license number
of blaster-in-charge;
(4) Direction and distance, in feet, to
nearest dwelling, school, church, or commercial or institutional building
neither owned nor leased by the permittee;
(5) Weather conditions, including
temperature, wind direction, and approximate velocity;
(6) Type of material blasted;
(7) Number of holes, burden, and spacing;
(8) Diameter and depth of holes;
(9) Types of explosives used;
(10) Total weight of explosives used;
(11) Maximum weight of explosives detonated
within any eight (8) millisecond period;
(12) Maximum number of holes detonated
within any eight (8) millisecond period;
(13) Initiation system;
(14) Type and length of stemming;
(15) If mats or other protections were
used;
(16) Type of delay detonator used, and
delay periods used;
(17) Sketch of the delay pattern;
(18) Number of persons in the blasting
crew; and
(19) Seismograph records, if required
pursuant to Section 8 of this administrative regulation. (8 Ky.R. 115; eff.
3-1-82; Am. 9 Ky.R. 957; 10 Ky.R. 288; eff. 10-5-83; TAm eff. 8-9-2007.)
Appendix A of 405 KAR
30:250
Airblast Limitations
Lower frequency limit
of
measuring system,
Hz(+3dB)
Maximum level
in dB
0.1 Hz or lower-flat
response
135 peak
2 Hz or lower-flat
response
132 peak
6 Hz or lower-flat
response
130 peak
C-weighted, slow
response
109 C.
