405 Kar 30:250. Use Of Explosives

Link to law: http://www.lrc.ky.gov/kar/405/030/250.htm
Published: 2015

      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.





 
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