RULES AND REGULATIONS
[25 PA. CODE CHS. 210 AND 211]
Licensing of Blasters and Storage, Handling and Use of Explosives
[31 Pa.B. 3751] The Environmental Quality Board (Board) by this order amends Chapters 210--211 (relating to blasters' licenses; and storage, handling and use of explosives). These amendments modernize and clarify the Department of Environmental Protection's (Department) blasting regulations. As more fully explained in this Preamble, the amendments to Chapter 210 significantly improve the process and criteria for obtaining and retaining a blaster's license. The amendments to Chapter 211 are a comprehensive modernization of the standards and procedures for handling, storing and using explosives.
These amendments were adopted by order of the Board at its meeting of April 17, 2001.
A. Effective Date
These amendments are effective upon publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information contact J. Scott Roberts, P.G., Director, Bureau of Mining and Reclamation, Rachel Carson State Office Building, 5th floor, 400 Market Street, P. O. Box 8461, Harrisburg, PA 17105-8461, (717) 787-5103, or Marc A. Roda, Assistant Counsel, Bureau of Regulatory Counsel, Rachel Carson State Office Building, 9th floor, 400 Market Street, P. O. Box 8646, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). These amendments are available electronically through the Department's website (http://www.dep.state.pa.us).
C. Statutory Authority
The final-form rulemaking is being made under the authority of:
(1) Sections 3 and 7 of the act of July 1, 1937 (P. L. 2681, No. 537) (73 P. S. §§ 157 and 161); section 3 of the act of July 10, 1957 (P. L. 685, No. 362) (73 P. S. §§ 157, 161 and 166); and Reorganization Plan No.8 of 1981 (71 P. S. § 751-35), which authorize the Department to promulgate implementing regulations for the licensing of blasters and the storage, handling and use of explosives in most contexts other than mining.
(2) Section 2(f) of the act of May 18, 1937 (43 P. S. § 25-2(f)) and Reorganization Plan No.2 of 1975 (71 P. S. § 751-22), which authorize the promulgation of regulations addressing, inter alia, the storage, handling and use of explosives in underground noncoal mining.
(3) Section 4(b) of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.4(b)) and section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3311(e)), which direct the Department to promulgate regulations concerning the handling and use of explosives at coal and noncoal surface mine sites, as well as the licensing of blasters.
(4) Sections 1917-A and 1920-A(b) of The Administrative Code of 1929 (71 P. S. §§ 510-17 and 510-20(b)), which authorize the Board to adopt regulations to prevent the occurrence of a nuisance and to formulate, adopt and promulgate regulations that are necessary for the Department to perform its work.
D. Background and Summary
This regulatory package revises the current explosives regulatory program. The regulation of explosives presents a unique blend of health, safety and environmental concerns. Chapter 210 ensures that only qualified individuals are authorized to use explosives. The chapter name has been changed from ''use of explosives'' to ''blasters' licenses.'' Chapter 211 contains provisions for the safe storage of explosives, including standards for storage containers and structures, and distances from railways, buildings and highways. Public and private buildings and structures are protected from the adverse effects of blasting by limits placed on ground vibration and air-overpressure. Finally, safety procedures are established for the benefit of the general public, those working in the vicinity of a blast and the blasters themselves.
This rulemaking establishes minimal standards for explosives used in all aboveground operations including coal and noncoal mining, construction and demolition. The rulemaking does not apply to the storage, handling and use of explosives in underground mines.
Currently, separate blasting regulations exist for anthracite surface coal mining, bituminous surface coal mining and noncoal surface mining. To the extent that these separate regulations contain requirements that are comparable to, but less stringent than, provisions in Chapter 211, they will be superseded by the more stringent provisions in Chapter 211. In addition to complying with Chapters 210 and 211, persons using explosives shall comply with other applicable provisions of the Commonwealth law or implementing regulations. For example, persons planning to use explosives in the waters of this Commonwealth for engineering purposes shall obtain a permit from the Fish and Boat Commission. See 30 Pa.C.S. § 2906 (relating to permits for use of explosives).
The Federal government regulates some aspects of explosives. The Federal Bureau of Alcohol, Tobacco and Firearms (ATF) regulates the storage and interstate sale and purchase of explosives. The Office of Surface Mining has the authority to regulate the use of explosives at surface coal mines. The Department has received general primacy authority to regulate surface coal mining in this Commonwealth, including the use of explosives. Finally, the Federal Highway Administration regulates the transportation of explosives on public roads.
The Mining and Reclamation Advisory Board (MRAB) was involved in the development of the proposed rulemaking. The regulatory changes were reviewed and discussed with the MRAB's Regulation, Legislation and Technical Committee on August 10, 1999. The MRAB recommended that the Board approve the amendments as proposed rulemaking at its meeting on October 21, 1999. During the meeting, the MRAB asked the Department to clarify two issues. The Department discussed these issues with the MRAB at its meeting on January 6, 2000. The MRAB first asked if seismic monitoring could occur between the blast location and the closest dwelling instead of at the closest dwelling. The Department explained that it normally requires monitoring at the structure to be protected, which is typically the closest dwelling, but in unusual cases the Department will allow monitoring at other locations. The other issue concerned a possible conflict with the requirements for analyzing seismic records in the mining regulations. The Department explained that it intends to make appropriate revisions to the mining regulations once the Board has taken final action on this rulemaking. Following this discussion, the MRAB unanimously approved the proposed rulemaking. The Board adopted the proposed regulations at its March 21, 2000, meeting.
Chapters 210 and 211 were published as proposed rulemaking at 30 Pa.B. 2768 (June 3, 2000). There was a 60-day comment period, and four public hearings were held. The Department has considered all comments received and has prepared a comment and response document. The comment and response document is available on the Department's website and from the contact persons listed in Section B of this Preamble. The MRAB reviewed and unanimously approved the draft final rulemaking at its January 4, 2001, meeting.
E. Summary of Comments and Responses on the Proposed Rulemaking and Changes Made in the Final Rulemaking
General
A commentator noted that a reference to sections 1--6 of the act of December 19, 1996 (P. L. 1460, No. 187) (73 P. S. §§ 176--182.7) should be included to clearly establish that blasters are also required to comply with this State law and to notify the Pennsylvania One Call System. The Board has determined that sections 2 and 3 of the act of December 19, 1996 (P. L. 1460, No. 187) (73 P. S. §§ 179 and 180) apply to the contractor and designer. Blasting activities are subordinate to excavation activities. Furthermore, blasters are not considered primary contractors or designers. To avoid confusion over who contacts Pennsylvania One Call, the entity who is responsible for the excavation, normally the contractor, should contact Pennsylvania One Call and inform them of the anticipated blasting activities. No changes were made to the final-form regulations as a result of this comment.
Some commentators were concerned that information on where to obtain applications and other forms should be included in the regulations. Copies of all applications will be available on the effective date of these regulations through the Bureau of Mining and Reclamation, any of the District Mining Offices and electronically on the Department's web site. In addition, the Department will provide the necessary forms to all licensed blasters through direct mailing.
Chapter 210. Blasters' Licenses § 210.11. Definitions.
The definition ''demolition activity'' has been deleted from § 211.101 (relating to definitions) and added to § 210.11 as ''demolition and demolition blasting'' because these references appear only in Chapter 210.
§ 210.13. General.
A commentator noted that § 210.13(b) states that certain individuals may be exempted from obtaining a blaster's license if they are detonating ''extremely small amounts of explosives'' and wanted clarification on what qualifies as ''extremely small amounts of explosives.'' The applicable statutes do not obligate the Department to license all persons conducting blasting activities. The Department has found that in most industrial and research applications, the quantities of explosives and blasting operations are such that limited risk is posed to the blaster or anyone in the vicinity of the blasting activity. Due to many variables, it is impossible to set an arbitrary limit on what constitutes ''extremely small amounts of explosives.'' Exemptions from the licensing requirement will be based on the level of risk rather than an arbitrarily established amount of explosives. The Department will evaluate the blasting activity and determine the level of risk. No changes were made to the regulation as a result of this comment, although a minor grammatical change was made for readability.
§ 210.14. Eligibility requirements.
Several commentators suggested that the term ''good moral character'' found in § 210.14(b)(1) is vague. The Board agrees that the term is vague and difficult to determine, and has deleted the requirement that an applicant for a blaster's license or renewal of a blaster's license be of ''good moral character'' from the final rulemaking.
Two commentators suggested that the grammatical structure of § 210.14(b)(1) should be changed. The Board revised this paragraph and added the phrase ''as indicated by past or continuing violations, has demonstrated a lack of ability or intention.''
§ 210.15. License application.
In § 210.15(a), the Board added the word ''provided'' and deleted the word ''prepared'' for clarity.
A commentator suggested that the Board revise the language in § 210.15(b) to ensure the notarized statement confirming experience is from a person who has direct knowledge of the applicant's expertise. The Board agrees and has added the language ''a person who has direct knowledge of the applicant's expertise'' to § 210.15(b).
§ 210.17. Issuance and renewal of licenses.
One commentator stated that demolition has always been an activity that was authorized by holding a general blaster's license, and § 210.17(a) should not require that a blaster be licensed specifically to conduct demolition blasting. The Board disagrees. Demolition blasting is a specialty field that differs greatly from construction, mining or other categories of blasting. The demolition of structures requires analysis of the support members of the structure to determine where to place explosive charges. However, the Board recognizes that individuals have been conducting demolition blasting under the existing regulations. A new subsection (g) has been added to provide for reclassification to a demolition blaster's license without examination or application fee based on 3 years of experience in demolition blasting.
Chapter 211. Storage, Handling And Use Of Explosives § 211.101. Definitions.
''Blast site''
A commentator noted that use of the term ''area'' in the definition of ''blast site'' could cause confusion. The Board, for clarity, added the language ''the specific location where the explosives charges are loaded into the blast holes'' and deleted the language ''the area where the explosive charges are located.''
''Building''
A commentator asked what is meant by the term ''regularly occupied'' when referring to buildings. To avoid confusion on this point, the Board has changed the definition of building to ''a structure that is designed for human habitation, employment or assembly.''
''Flyrock''
Several commentators indicated that the definition of ''flyrock'' in the proposed regulations caused confusion by using the term ''blast site.'' They noted that the term ''blast site'' is the area directly affected by the blast. The Board agrees and has changed the definition of ''flyrock'' by using the term ''blast area.''
''Person''
A commentator stated that the definition of ''person'' in the proposed Chapter 211 may imply liability that exceeds the boundaries of the law. The Board agrees and has changed the definition of ''person'' by deleting the reference to fines, penalties or imprisonment.
''Scaled distance''
The Board has revised this definition to clarify that ''scaled distance'' can apply to buildings or structures.
§ 211.102. Scope.
A commentator indicated that § 211.102 states that there are provisions of the proposed rulemaking more stringent than mining regulations. The commentator suggested that this will lead to confusion and may result in inconsistent regulation of explosives usage. The commentator noted that the language should be revised to specifically identify the regulatory provisions that are more stringent than those of the mining regulations. The Board does not believe that listing these provisions is necessary or practical. Chapter 211 deals exclusively with blasting. Since Chapter 211 contains a number of detailed provisions not found in the mining regulations, any attempt to list these provisions would be confusing.
The commentator suggested that implementation of the provisions that are more stringent than the current mining regulations should be deferred until the mining regulations are amended to be consistent with the requirements of this chapter. The primary purpose of these regulations is to provide uniform standards for all blasting in this Commonwealth. The Board feels that deferring the application of some provisions of the proposed rulemaking until the mining regulations are amended delays attaining that goal. There were no changes made to the final-form rulemaking as a result of this comment.
§ 211.113. Application contents.
The Board has modified the wording in several subsections for clarity.
§ 211.121. General requirements.
A commentator suggested that the proposed rulemaking should indicate that the Department will notify applicants for blasting activity permits of an incomplete application and identify the missing items necessary to complete the application. The Board agrees and has added the appropriate language to the final-form rulemaking.
§ 211.122. Permits to sell explosives.
The word ''number'' has been added so that § 211.121(a)(2) reads ''. . . telephone number.''
§ 211.133. Blast report.
The title of this section has been revised to read ''blast reports.''
A commentator suggested the Department should develop a standardized blast report form. The Board agrees. The Department has developed a standardized blast report which is available on the Department's website and from the district mining offices.
Another commentator noted that the first sentence in § 211.133(a) should correctly read ''shall prepare a report of each blast. . . .'' The Board agrees and has revised subsection (a) accordingly.
Two commentators noted that § 211.133(a)(3) needs to specify which permit number is to be included in the blast report. The Board agrees and has reworded this paragraph to specify ''blasting activity permit or appropriate mining permit.''
Two commentators suggested that the requirement to describe the height or length of stemming and deck separation on the shot report needs to be more specific. They asked if these requirements are for each hole, collectively or average. For clarity the Board has added ''for each hole'' to § 211.133(a)(9).
The Board has added ''not owned or leased by the blasting activity permittee or its customer'' to § 211.133(a)(15) to further clarify the building of concern.
Two commentators suggested that it is not always reasonable to require the seismograph monitoring to be part of the blast record within 7 days and that the requirement should be extended to 14 days. The Board agrees that 14 days is acceptable under normal circumstances and has changed § 211.133(a)(23) accordingly. The Board also added additional flexibility by inserting two provisions. The first allows the Department to grant waivers to allow the seismograph report to be made a part of the blast record within 30 days. The second provision gives the Department the authority to require the blast report be made part of the record within 7 days.
A commentator suggested that § 211.133(a)(24) include a reference to § 211.157(e) which describes the appropriate actions to take when there is a misfire. The Board has inserted the suggested reference.
Three commentators noted that § 211.133(b) allows the Department to require monthly summaries. They asked the Department to explain the necessity for monthly summaries, the circumstances when monthly summaries would be required and how the blaster will be notified. In the Board's opinion, monthly summaries are appropriate when blasting is being conducted in an area where there is considerable public concern or potential for property damage. This information would be in addition to the blast reporting requirements. The Department's Blasting and Explosives Inspector will notify the blaster of the need to provide a monthly summary.
§ 211.141. General requirements.
Commentators noted that the proposed § 211.141(6) required the permittee to only load explosives into a closed body vehicle if the load is 2,000 pounds or more. They suggested language to improve clarity. The Board agrees and has made the appropriate changes.
Paragraph (11) of this section, which deals with fire extinguishers, has been revised to be consistent with the Department of Transportation's regulations based on the recommendations of three commentators.
§ 211.151. Prevention of damage.
One commentator noted that Chapter 87 (relating to surface mining of coal) appears to be effective in preventing damage from the use of explosives in connection with surface mining. The commentator asked for an explanation of why the mining regulations need to be superseded by more stringent regulations. The best science available, United States Bureau of Mines Report of Investigations R.I. 8507, ''Structure Response and Damage Produced by Ground Vibration from Surface Mine Blasting,'' concludes that damage can occur to homes at ground vibration levels lower than the requirements in the present mining regulations. The adoption of more stringent ground vibration limits provides better protection of all structures. There have been situations when the limits in the proposed rulemaking have been applied to mining activities in order to be more protective of specific structures. Also, if necessary, these regulations allow the Department to establish alternative particle velocity or airblast limits. This change in limits would be based upon site-specific factors such as the population density, age and type of structures and geology of the area.
Two commentators felt that § 211.151(c) provides an unnecessary increase of 61% over the current standard (scaled distance of 55) by requiring that blasts be designed at a scaled distance of 90. They felt that the change would put an unnecessary burden on the blasting industry. They also suggested that the former United States Bureau of Mines Safe Blasting Criteria (Z-Curve) should not be the regulatory limit as current standards are adequate. The Board feels that the current regulations do not adequately protect all buildings. The best available science, the former United States Bureau of Mines Study, R.I. 8507, ''Structure Response and Damage Produced by Ground Vibration From Surface Mine Blasting,'' concluded that damage could possibly occur to some structures at peak particle velocities as low as .5 inch per second. The United States Bureau of Mines Study, R.I. 8507, predicts the highest probable ground vibration from a blast designed at a scaled distance of 90 is .5 inch per second peak particle velocity. The practical application of this requirement is to prevent property damage.
A commentator noted that § 211.151(c) requires a blast to achieve either a scaled distance of 90 or the maximum peak particle velocity as indicated in Figure 1. The commentator believes that these standards may be too restrictive when applied to unconsolidated materials in the vicinity of a blast, and questioned if geologic variation should be considered in the determination of vibration limits. Geology influences the character of the ground vibration; it does not affect dynamics of a structure's response. Designing a blast at the scaled distance of 90 insures that ground vibration will not exceed .5 inches per second under any circumstances. The scaled distance limit of 90 was derived from a large number of blasts under a variety of geologic conditions. While the scaled distance of 90 may be conservative in some areas, the blaster may elect to use Figure 1 as the standard in those areas.
Figure 1, in § 211.151(c), was changed to add .50 in./sec. on the graph. This change was made for clarity.
In § 211.151(c), the language was changed by adding ''at the closest building or other structure designated by the Department'' and by replacing the word ''based'' with ''leased'' in § 211.151(d). These changes were made to maintain consistency with other provisions of this section and to correct a typographical error.
In response to comments on § 211.151, subsections (c) and (e) have been changed to allow the Department to establish an alternative peak particle velocity or airblast level instead of just reducing these levels. Commentators expressed concern that the limits may be too stringent. The Department recognizes that some structures may be adequately protected by applying less stringent limits.
§ 211.153. General requirements for handling explosives.
In § 211.153(b), relating to prohibiting matches, lighters and smoking within a specified distance of a blast site or area where explosives are stored or used, ''30.48 meters'' was added and ''30.84'' was deleted. The language change was made to correct a typographical error.
§ 211.154. Preparing the blast.
In response to a number of comments, the Board has revised § 211.154(c), (f)(2), (4) and (5) and (k) for clarity, readability and consistency.
§ 211.171. General provisions for monitoring.
A commentator noted that the proposed rulemaking should be revised to specify the circumstances under which the Department may require ground vibration and air blast monitoring at scaled distance above 90 or at a structure other than the building closest to the blast. The Board does not agree that the regulations should specify when the Department may require additional monitoring. Blasting is an ultra-hazardous activity and occasionally has unintentional impacts on the public. It is impossible to articulate in the regulations all the circumstances under which the Department should require additional monitoring.
In response to these comments, the language in § 211.171(d) has been changed by revising the minimum trigger to be .25 inch per second rather than 50% of the compliance limit.
Two commentators noted that the older model and brick seismographs do not record the date and time when the instrument was turned on or off. They felt that a 3-year phase-in period should be included in § 211.171(e) as was done in § 211.133(a)(23). They suggested that language can be added which would allow a blaster to supply the on/off times for the instrument on a signed statement. The Department has revised the regulation to allow the blaster to supply on/off times on a signed statement when using an instrument that doesn't provide a print out. This revision allows blasters to continue using existing seismographs, thereby eliminating the need for a phase-in period.
§ 211.173. Monitoring records.
Language changes in § 211.173(b) were made for clarification and accuracy.
A commentator suggested that § 211.173(c), which authorizes the Department to require a ground vibration or airblast recording to be analyzed or certified by an independent qualified consultant, should specify what circumstances would exist to require this type of analysis or certification. The Board agrees. The section has been revised by adding ''If the Department questions the validity of a ground vibration or airblast record or the interpretation of the record'' to § 211.173(c).
§ 211.182. General provisions.
Several commentators suggested that the Board consider adding language to the proposed rulemaking to allow the use of measures for protecting the lines other than those specified in the regulations upon approval of the Department as well as the owner of the utility. The Board agrees and has changed the language of § 211.182(e) to include this provision.
F. Benefits, Costs and Compliance
Benefits
These final-form regulations are designed to modernize an outdated explosives regulatory program. The explosives industry will benefit because current products and technologies are addressed in a manner that is consistent with their current use. Citizens will benefit because the regulations establish new limits on ground vibration and airblast that are designed to prevent damage to structures. In addition, annoyance from unexpected blasts will be reduced because the public will be notified prior to the commencement of most blasting operations. Additionally, the public and blasting industry will benefit from the continuing education that is required for renewing a blaster's license.
Compliance Costs
The explosives industry will see an increase in the cost of compliance because of the requirement for continuing education for blasters. The new requirement for general liability insurance is not expected to create a significant increase in costs, since most blasting companies currently carry liability insurance. This final-form rulemaking requires more monitoring than previously required. However, because monitoring records are no longer required to be analyzed or verified by an independent third party, cost savings will be realized. There is no change to the current fee structure.
Compliance Assistance Plan
The Department will provide written notification of this rulemaking to all blasters in this Commonwealth. The Department will also hold outreach sessions with the Commonwealth chapters of the International Society of Explosive Engineers and various mining organizations.
Paperwork Requirements
This final-form rulemaking will result in a slight increase in paperwork. Licensed blasters will be required to document their continuing education. The new blasting activity permit will require a new application form that will be available on the effective date of these regulations. The form will be available from the Bureau of Mining and Reclamation, any of the District Mining Offices, and electronically on the Department's website. In addition, the form will be provided to all licensed blasters through direct mailing. Additional information will be required in the blast report.
G. Sunset Review
This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 17, 2000, the Department submitted a copy of the notice of proposed rulemaking published at 30 Pa.B. 2768 to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing these final-form regulations, the Department has considered all comments from IRRC and the public. The Committees did not submit comments on the proposed rulemaking.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on May 29, 2001, these final-form regulations were deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 7, 2001, and approved the final-form regulations.
I. Findings of the Board
The Board finds that:
(1) Public notice of the proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposed amendments published at 30 Pa.B. 2768.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
J. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 210 and 211, are amended by deleting §§ 210.1--210.6, 211.1, 211.2, 211.31--211.44, 211.51--211.56, 211.61, 211.62, 211.72--211.76 and 211.81--211.88; and by adding §§ 210.11--210.19, 211.101--211.103, 211.111--211.115, 211.121--211.125, 211.131--211.133, 211.141, 211.151--211.162, 211.171--211.173, 211.181 and 211.182 to read as set forth in Annex A.
(b) The Chairperson shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
DAVID E. HESS,
ChairpersonFiscal Note: (1) General Fund; (2) Implementing Year 2000-01 is $74,000; (3) 1st Succeeding Year 2001-02 is $88,000; 2nd Succeeding Year 2002-03 is $88,000; 3rd Succeeding Year 2003-04 is $88,000; 4th Succeeding Year 2004-05 is $88,000; 5th Succeeding Year 2005-06 is $88,000; (4) Fiscal Year 1999-00 $40,200,000; Fiscal Year 1998-99 $33,123,000; Fiscal Year 1997-98 $31,139,000; (7) Environmental Program Management; (8) recommends adoption.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 31 Pa.B. 3370 (June 23, 2001).)
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart D. ENVIRONMENTAL HEALTH AND SAFETY
ARTICLE IV. OCCUPATIONAL HEALTH AND SAFETY
CHAPTER 210. BLASTERS' LICENSES
GENERAL PROVISIONS §§ 210.1--210.6. (Reserved).
§ 210.11. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Blaster--A person who is licensed by the Department under this chapter to detonate explosives and supervise blasting activities.
Blaster learner--An individual who is learning to be a blaster and who participates in blasting activities under the direct supervision of a blaster.
Blaster's license--A license to detonate explosives and supervise blasting activities issued by the Department under this chapter.
Demolition and demolition blasting--The act of wrecking or demolishing a structure with explosives.
Person--A natural person.
§ 210.12. Scope.
This chapter applies to persons engaging in the detonation of explosives within this Commonwealth. This chapter does not apply to persons authorized to detonate explosives or to supervise blasting activities under:
(1) The Pennsylvania Anthracite Coal Mine Act (52 P. S. §§ 70.101--70.1405).
(2) The Pennsylvania Bituminous Coal Mine Act (52 P. S. §§ 701-101--701-706).
§ 210.13. General.
(a) A person may not detonate explosives or supervise blasting activities unless the person has obtained a blaster's license.
(b) The Department may exempt certain individuals from needing a blaster's license if the person is detonating extremely small amounts of explosives for industrial or research purposes. The Department will consider a written request for an exemption from the person seeking the exemption.
(c) Upon request, a blaster shall exhibit a blaster's license to the following:
(1) An authorized representative of the Department.
(2) The blaster's employer or an authorized representative of the employer.
(3) A police officer acting in the line of duty.
(d) A blaster's license is not transferable.
§ 210.14. Eligibility requirements.
(a) To be eligible for a blaster's license, a person shall:
(1) Be 21 years of age or older.
(2) Have at least 1 year of experience as a blaster learner in preparing blasts in the classification for which a license is being sought.
(3) Have taken the Department's class on explosives. It is not necessary for a blaster to retake the class when adding an additional classification to a license.
(4) Have successfully passed the Department's examination for a blaster's license.
(b) The Department will not issue or renew a license if the applicant, as indicated by past or continuing violations, has demonstrated a lack of ability or intention to comply with the Department's regulations concerning blasting activities.
§ 210.15. License application.
(a) The license application shall be on forms provided by the Department and be accompanied by a check for $50 payable to the Commonwealth of Pennsylvania. The complete application shall be submitted to the Department at least 2 weeks prior to the examination.
(b) The license application shall include a signed notarized statement from a person who has direct knowledge of the applicant's expertise, such as the blaster who supervised the applicant, or the applicant's employer. The statement shall:
(1) Describe the applicant's experience in blasting. In particular, the statement shall describe in detail how the applicant assisted in the preparation of the blasts and for how long.
(2) State whether the applicant is competent to prepare and detonate blasts in the classification for which the license is being sought.
§ 210.16. Examinations.
(a) The Department will conduct examinations for specific types of blasting, as specified in § 210.17(a) (relating to issuance and renewal of licenses).
(b) The Department will schedule and conduct examinations as needed.
(c) An applicant failing to appear for a scheduled examination forfeits the application fee unless the applicant provides written notice to the Department prior to the examination date or submits a valid medical excuse in writing.
(d) Refund of the fee or admittance to a subsequent examination without a reapplication fee will be at the discretion of the Department.
§ 210.17. Issuance and renewal of licenses.
(a) A blaster's license is issued for a specific classification of blasting activities. The classifications will be determined by the Department and may include general blasting (which includes all classifications except demolition and underground noncoal mining), trenching and construction, seismic and pole line work, well perforation, surface mining, underground noncoal mining, industrial, limited and demolition.
(b) A person may apply to amend the blaster's license for other classifications by meeting the requirements of § 210.14 (relating to eligibility requirements) and by submitting a complete application.
(c) A blaster's license will be issued for 3 years.
(d) A blaster's license is renewable if the blaster can demonstrate that he has had 8 hours of continuing education in Department-approved courses related to blasting and safety within the 3 year period.
(e) The blaster's license may be renewed for a 3-year term by submitting a renewal application to the Department and a check for $30, payable to the Commonwealth of Pennsylvania.
(f) A person who intends to be a blaster and whose blaster's license was not renewed within 1 year of its expiration date shall apply for a new license under §§ 210.14--210.16 (relating to eligibility requirements; license application; and examinations).
(g) A person who conducted demolition blasting under a general blaster's license may conduct demolition blasting after July 14, 2001, by applying for and receiving a demolition blaster's license. The Department may waive the examination required by § 210.14 (relating to eligibility requirements) and the application fee if the blaster demonstrates at least 3 years of experience in demolition blasting. The demonstration shall be in the form of a notarized statement from the blaster's employer that describes the blaster's experience.
§ 210.18. Recognition of out-of-State blaster's license.
(a) The Department may license a person who holds a blaster's license or its equivalent in another state. The Department may issue the license if, in the opinion of the Department, that state's licensing program provides training on the storage, handling and use of explosives and an examination that is equivalent to the requirements of this chapter.
(b) A request for a license under this section shall be made in writing. Copies of the other state's explosives training and examination material and proof that the applicant holds a license in the other state shall be provided to the Department in order to make a proper evaluation.
§ 210.19. Suspension, modification and revocation.
The Department may issue orders suspending, modifying or revoking a blaster's license. Before an order is issued, the Department will give the blaster an opportunity for an informal meeting to discuss the facts and issues that form the basis of the Department's determination to suspend, modify or revoke the license. The Department may suspend, modify or revoke a blaster's license for violations of this chapter and Chapter 211 (relating to storage, handling and use of explosives in surface applications).
CHAPTER 211. STORAGE, HANDLING
AND USE OF EXPLOSIVES§ 211.101. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Airblast--An airborne shock wave resulting from an explosion, also known as air overpressure, which may or may not be audible.
Blast area--The area around the blast site that should be cleared to prevent injury to persons and damage to property.
Blast site--The specific location where the explosives charges are loaded into the blast holes.
Blaster--An individual who is licensed by the Department under Chapter 210 (relating to blasters' licenses) to detonate explosives and supervise blasting activities.
Blaster-in-charge--The blaster designated to have supervision and control over all blasting activities related to a blast.
Blasting activity--The actions associated with the use of explosives from the time of delivery of explosives to a worksite until all postblast measures are taken, including priming, loading, stemming, wiring or connecting, detonating, and all necessary safety, notification and monitoring measures.
Building--A structure that is designed for human habitation, employment or assembly.
Charge weight--The weight in pounds of an explosive charge.
Delay interval--The designed time interval, usually in milliseconds, between successive detonations.
Detonator--A device containing an initiating or primary explosive that is used for initiating detonation of explosives. The term includes electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord, delay connectors and nonelectric instantaneous and delay blasting caps.
Explosive--A chemical compound, mixture or device that contains oxidizing and combustible materials or other ingredients in such proportions or quantities that an ignition by fire, friction, concussion, percussion or detonation may result in an explosion.
(i) The term includes safety fuse, squibs, detonating cord and igniters.
(ii) The term does not include the following:
(A) Commercially manufactured black powder, percussion caps, safety and pyrotechnic fuses, matches and friction primers, intended to be used solely for sporting, recreational or cultural purposes in antique firearms or antique devices, as defined in 18 U.S.C.A. § 921 (relating to definitions).
(B) Smokeless powder, primers used for reloading rifle or pistol cartridges, shot shells, percussion caps and smokeless propellants intended for personal use.
Flyrock--Overburden, stone, clay or other material ejected from the blast area by the force of a blast.
Magazine--A structure used for the storage of explosives.
Misfire--Incomplete detonation of explosives.
Particle velocity--A measure of the intensity of ground vibration, specifically the time rate of change of the amplitude of ground vibration.
Peak particle velocity--The maximum intensity of particle velocity.
Person--A natural person, partnership, association, or corporation or an agency, instrumentality or entity of state government.
Primer--A cartridge or package of high explosives into which a detonator has been inserted or attached.
Purchase--To obtain ownership of explosives from another person.
Sale or sell--To transfer ownership of explosives to another person.
Scaled distance (Ds)--A value calculated by using the actual distance (D) in feet, measured in a horizontal line from the blast site to the nearest building or structure, neither owned nor leased by the blasting activity permittee or its customer, divided by the square root of the maximum weight of explosives (W) in pounds, that is detonated per delay period of less than 8 milliseconds.
Ds = D ÷
W
Stemming--Inert material placed in a blast hole after an explosive charge for the purpose of confining the explosion gases to the blast hole, and inert material used to separate explosive charges in decked holes.
Structure--A combination of materials or piece of work built or composed of parts joined together in some definite manner for occupancy, use or ornamentation. The term includes everything that is built or constructed, including bridges, offices, water towers, silos and dwellings.
Utility lines--An electric cable, fiber optic line, pipeline or other type of conduit used to transport or transmit electricity, gases, liquids and other media including information.
§ 211.102. Scope.
(a) This chapter applies to persons using, storing, purchasing and selling explosives and engaging in blasting activities within this Commonwealth. Persons using and storing explosives at underground mines are exempt from this chapter. The storage of explosives in magazines on the surface at an underground noncoal mine is subject to the applicable requirements of this chapter. The provisions of this chapter that are more stringent than the blasting provisions in Chapters 77, 87 and 88 (relating to noncoal mining; surface mining of coal; and anthracite coal) apply to blasting activities at coal or noncoal surface mines.
(b) Compliance with this chapter does not relieve a person who is engaged in the purchase or sale of explosives, or blasting activities, from compliance with other applicable laws or regulations of the Commonwealth.
§ 211.103. Enforcement.
(a) The Department may issue orders necessary to implement this chapter including an order to suspend, modify or revoke a license or permit authorized by this chapter.
(b) Before issuing an order modifying peak particle velocity or airblast limits in a blasting activity permit, the Department will first provide the permittee with an opportunity to meet and discuss modifications.
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