RULES AND REGULATIONS
Title 25--ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[ 25 PA. CODE CHS. 77, 87--89 AND 210 ]
Mine Opening Blasting
[38 Pa.B. 4355]
[Saturday, August 9, 2008]The Environmental Quality Board (Board) amends Chapters 77, 87--89 and 210 to read as set forth in Annex A. This final-form rulemaking addresses a number of issues regarding blasting at a mine site. It clarifies that the use of explosives in connection with the construction of a mine opening for an underground mine is a surface mining activity subject to the applicable requirements in Chapters 77, 87 or 88 (relating to noncoal mining; surface mining of coal; and anthracite coal) and that the person conducting the blasting activity shall possess a blaster's license. This final-form rulemaking increases the flexibility in the scheduling of blasting for constructing openings for coal and industrial mineral underground mines, as well as, the limits for the resulting ground vibrations and airblasts. Also, the requirements for protective measures to be taken when surface coal mine blasting is in proximity to a public highway or an entrance to a mine have been made more flexible. Finally, a category for mine opening blasting is being added to the classifications of blaster's licenses.
This final-form rulemaking was adopted by the Board at its meeting of April 15, 2008.
A. Effective Date
These amendments are effective upon publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Joseph Pizarchik, Director, Bureau of Mining and Reclamation, P. O. Box 8461, Rachel Carson State Office Building, Harrisburg, PA 17105-8461, (717) 787-5015; or Marc A. Roda, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060.
C. Statutory Authority
This final-form rulemaking is promulgated under the authority in section 4.2 of the Surface Mining Conservation and Reclamation Act (SMCRA) (52 P. S. § 1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (NCSMCRA) (52 P. S. § 3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-17 and 510-20).
D. Background and Purpose
This final-form rulemaking amends the regulations regarding the use of explosives in connection with the development of an opening for an underground mine to ensure that these regulations protect both the public and miners. This final-form rulemaking clarifies that the use of explosives in connection with the construction of a mine opening for an underground coal or noncoal mine is a surface mining activity or surface mining subject to the applicable requirements in Chapters 77, 87 or 88 and that the person conducting the blasting activity shall possess a blaster's license. A category for mine opening blasting is being added to the classifications of blaster's licenses. In addition, the scheduling requirements applicable to the use of explosives for constructing openings for coal and industrial mineral underground mines are made more flexible. The requirements for protective measures to be taken when surface coal mine blasting is in proximity to a public highway or an entrance to a mine are also made more flexible.
The SMCRA and the NCSMCRA broadly define ''surface mining activities'' and ''surface mining'' respectively, to include activities conducted on the surface that are incidental to the establishment or operation of an underground mine, including, among other things, the construction of the mine opening from the surface to the coal seam or mineral strata being or to be mined. Mine opening construction occurs in proximity to inhabited areas and the Department receives complaints about the affects of the related blasting activity during the construction of the entire opening (to the coal seam or mineral being mined). Applying surface mining blasting regulations to the construction of the entire mine opening is necessary because it limits airblast and ground vibration and prohibits the flyrock that potentially could result from the blasting. Airblast and ground vibration is limited to prevent damage of nearby structures and to prevent blasting that would be a nuisance. Flyrock is prohibited to prevent property damage and to prevent personal injury or death.
Even though the explosives regulations for surface anthracite and bituminous mines require all blasts to be conducted by a blaster licensed under Chapter 210 (relating to licensing of blasters), there has been some confusion as to whether Chapter 210 applies to entry blasting. See §§ 87.134(c), 88.124(c) and 210.12 (relating to use of explosives: general requirements; blasting: general requirements; and to scope). This confusion is related to the fact that blasting for underground mines is also authorized by the Pennsylvania Anthracite Coal Mine Act and the Pennsylvania Bituminous Coal Mine Act (52 P. S. §§ 70-101--70-133 and 701-101--701-127) and persons authorized by the Pennsylvania Anthracite Coal Mine Act and the Pennsylvania Bituminous Coal Mine Act are exempt from Chapter 210. It is the Department's position that the requirements of §§ 87.124(d) and 88.134(c), requiring that all surface blasting activities be conducted by a competent blaster licensed in compliance with Chapter 210, apply. Based on the unique issues regarding mine opening blasting, it is necessary to create a separate license classification for this activity that takes into consideration that mine opening blasters are conducting blasting operations below the surface that result in the need to limit that blasting's effect on people and property on the surface.
The requirement that currently limits blasting to daylight hours, when applied to all mine opening blasting, poses a significant risk to mine workers without significantly protecting the rest of the public. A risk of instability in a mine opening under construction exists if that opening passes through sandstone or shale strata because these rocks deteriorate when exposed to air and water. If this situation exists, blasting on an as-needed basis is necessary to enable the expeditious grouting of the mine opening with a ring of cement, sealing off the exposure to air and water. Public protection is provided by applying limits to airblast and ground vibration and prohibiting flyrock.
Barricading and guarding a highway, as required by §§ 87.127 and 88.135 (relating to use of explosives: surface blasting requirements; and blasting: surface blasting requirements) is not always the best method for protecting the public from mine blasting near that highway. In many cases, careful design of blasts protects the public more than barricading roads that are heavily traveled, subjecting the traveling public to the threat of accidents resulting from blocking of the road.
The Mining and Reclamation Advisory Board (MRAB) considered the proposed rulemaking package at the August 15, 2005, October 27, 2005, and January 5, 2006, meetings. While there was general agreement on many sections, the MRAB deadlocked on whether certain changes should be made to affirm mine opening blasting is a surface mining activity. MRAB directed the Department to proceed to the Board and to note the MRAB's position in the proposed rulemaking package.
The notice of proposed rulemaking for the mine opening blasting amendments was published at 36 Pa.B. 5608 (September 2, 2006). There was a 30-day comment period. The Pennsylvania Coal Association (PCA) and the Independent Regulatory Review Commission (IRRC) submitted comments. The Department has considered these comments and has prepared a comment and response document. The comment and response document is available on the Department's web site and from the contact person listed in Section B of this order.
The MRAB considered this final rulemaking package at the January 25, 2007, meeting. The Department's regulatory authority over the blasting associated with the construction of the entire shaft was discussed. The discussion led to a motion that the MRAB not endorse the regulations. The motion not to endorse the regulations carried 4-3 because members of the MRAB hold that mine opening blasting down to the coal seam is not surface mining activity. Although the Department appreciated the advice of the MRAB, the Department moved forward to final-form rulemaking. The Department recommended proceeding to final-form rulemaking because the SMCRA statutory definition of ''surface mining activity'' includes ''strip, auger mining, dredging, quarrying and leaching, and all surface activity connected with surface or underground mining, including, but not limited to, exploration, site preparation, entry, tunnel, drift, slope, shaft and borehole drilling and construction . . .''
E. Summary of Comments and Responses on the Proposed Rulemaking and Changes Made in the Final-Form Rulemaking
The Board approved publication of the proposed rulemaking at its May 17, 2006, meeting, and the notice of proposed rulemaking was published at 36 Pa.B. 5608. The following is a summary of the major comments that the Board received along with the responses:
Statutory authority
The commentators questioned the Department's statutory authority to regulate all blasting in connection with the construction of an underground coal mine opening as surface coal mining blasting.
Both the SMCRA and the NCSMCRA apply to the construction of an opening to a mine from the surface to the coal seam or mineral deposit to be mined. The definition of ''surface mining activity'' in SMCRA and the definition of ''surface mining'' in NCSMCRA clearly include the construction of mine openings within the activities covered by these statutes.
Executive Order 1996-1
One commentator contended that this rulemaking establishes regulations that exceed federal standards without complying with Executive Order 1996-1.
The regulation is consistent with Executive Order 1996-1. The Department has received complaints about mine opening blasting. The compelling Pennsylvania interest is that blasting is an ultra-hazardous activity and unregulated blasting presents a risk of injury or death and property damage from flyrock; can be a nuisance to nearby inhabitants, especially if blasting occurs at night; and, can generate ground vibration and airblasts that damage nearby structures.
Blasts
One commentator is concerned that the term ''blast'' as used in §§ 77.564(b), 87.127(a) and 88.135(a) is vague and should be defined.
The Department agrees. The term ''blast'' has been defined as ''a detonation of explosives.'' In addition, the term blasting has been defined as ''the detonation of explosives.''
Requests for unscheduled mine opening blasting
A commentator inquired as to the criteria and process to be used by the Department to determine whether unscheduled blasting is necessary to maintain the mine opening's stability.
Blasting activity in connection with the construction of a mine opening is reviewed and approved as part of the mining permit. The vehicle for this review and approval is the blast plan. See for example, § 87.64 (relating to blasting plan). It is the operator's obligation to establish that blasting after sunset is necessary to maintain the mine opening's stability. A risk of instability in a mine opening under construction exists if that opening passes through sandstone or shale strata because these rocks deteriorate when exposed to air and water. If this situation exists, blasting on an as needed basis is necessary to enable the expeditious grouting of the mine opening with a ring of cement, sealing off the exposure to air and water.
Consent to alternative ground vibration and airblast limitations
A commentator recommended that the regulations indicate what information, including the blaster's strict liability, the building owner and lessee must be given before giving written consent to less stringent vibration limits.
An additional regulation is unnecessary. The regulations provide vibration limits that, if adhered to, ensure that damage will not occur to buildings or other structures. See for example, § 77.564(f) and (i). The written consent of a building owner is a civil agreement between the permittee and the owner of the building, and if applicable, the lessee. Each party is responsible for ensuring that their interests are protected. The Department cannot evaluate the appropriateness of a request for alternative vibration limits unless the consent is clear and specific.
A commentator recommended developing a standard consent form for waivers of peak particle velocity and airblast limits and asked if a homeowner's waiver of regulatory limits negates their insurance coverage.
It is not appropriate to use the regulations to develop forms. The Department is not in a position and does not have the authority to obtain and then analyze a homeowner's insurance policy to determine whether a civil agreement between a mine operator and a homeowner will affect the homeowner's insurance coverage.
Ground vibration and airblast limits
A commentator observed that the use of the term ''vibration limits'' was unclear.
The term has been changed to ''ground vibration and airblast limits.''
Airblast
A commentator questioned why it is no longer necessary to use excessive noise as a basis for placing further restrictions on blasting.
The term ''noise'' is a misnomer. The effect of blasting is an increase of air pressure above ambient levels which is called ''airblast.'' Noise relates to human hearing. Airblast levels at low frequencies (below 20 Hz), also referred to as concussions, are not audible by persons but may adversely affect buildings or other structures. To avoid confusion and to ensure consistency, the terms noise and sound pressure have been either deleted or replaced with the term ''airblast.''
Alternative measures
A commentator asked if local governments or residents will be given notice and the opportunity to participate in the Department's decision to approve alternate protective measures.
Local governments and residents will have the same opportunity to participate in the decision on a request for alternative measures as they are given for the other aspects of the permit application.
Blasting Reports
A change has been made to § 88.137(4) to specify that blast records must include the identity of the dwelling or other structure closest to the blasting as well as the distance and direction. The preamble to the notice of proposed rulemaking discussed making this change to §§ 87.129(4) and 88.137(4). However, the proposed amendment to § 88.137(4) was not in the Annex A approved by the Board and published as part of the notice of proposed rulemaking. This oversight has been corrected and the complete language has been included in this final-form rulemaking.
F. Benefits, Cost, and Compliance
Costs
This final-form rulemaking will not increase costs. The existing regulations require all blasting in connection with the construction of a mine opening, from the surface to the coal seam or mineral to be mined, to comply with the applicable surface mining explosives regulations. The final-form rulemaking amends the surface mining explosives regulations to eliminate any ambiguity that the regulations apply to mine opening blasting and to provide greater flexibility to enhance the safety of the workers constructing the mine opening and for the safety of the traveling public when blasting is in proximity to a public road.
Compliance assistance plan
Compliance assistance will be provided by the surface mine inspectors and explosives inspectors.
Paperwork requirements
This final-form rulemaking has no effect on existing paperwork requirements.
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 intended goals.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 17, 2006, the Department submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 5608, to the IRRC and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees (Committees).
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, the Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act, on June 18, 2008, these final-form regulations were deemed approved by the Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 19, 2008, and approved the final-form regulations.
I. Findings
The Board finds that:
(1) Public notice of 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 at 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) This final-form rulemaking does not enlarge the purpose of the proposal published at 36 Pa.B. 5608.
(4) This final-form rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.
J. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 77, 87--89 and 210, are amended by amending §§ 77.1, 77.564, 87.1, 87.124, 87.126, 87.127, 87.129, 88.1, 88.135, 88.137, 88.493, 89.5, 89.62, 210.11, 210.12 and 210.17 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board 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 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.
JOSEPH R. POWERS,
Acting Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 38 Pa.B. 3726 (July 5, 2008).)
Fiscal Note: Fiscal Note 7-400 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE I. LAND RESOURCES
CHAPTER 77. NONCOAL MINING
Subchapter A. GENERAL PROVISIONS § 77.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Blast--A detonation of explosives.
Blasting--The detonation of explosives.
* * * * * Mine opening blasting--Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development, from the surface down to the point where the mine opening connects with the mineral strata to be or being extracted.
* * * * *
Subchapter I. ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
USE OF EXPLOSIVES § 77.564. Surface blasting requirements.
* * * * * (b) Blasting shall be conducted between sunrise and sunset, at times announced in the blasting schedule, except that mine opening blasting conducted after the second blast, for that mine opening, may be conducted at any time of the day or night as necessary to maintain stability of the mine opening to protect the health and safety of mine workers. For mine opening blasting conducted after the second blast, for that mine opening, the Department may approve ground or airblast vibration limits at a dwelling, public building, school, church or commercial or institutional structure, that are less stringent than those specified in subsections (f) and (i) if consented to, in writing, by the affected building owner and lessee, if leased to another party.
(c) The Department may specify more restrictive time periods, airblast or ground vibration limits, based on public requests or other relevant information, according to the need to adequately protect the public from the adverse affects of ground vibration, airblast or safety hazards.
* * * * * (f) Airblasts shall be controlled so that they do not exceed 133 dBL at a dwelling, public building, school, chuch or commercial or institutional structure, unless the structure is owned by the person who conducts the surface mining activities and is not leased to another person. The lessee may sign a waiver relieving the operator from meeting the airblast limitations of this subsection.
(1) Exceptions. The Department may specify lower maximum allowable airblast levels than those in this subsection for use in the vicinity of a specific blasting operation, if necessary.
(2) Monitoring. The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The Department may require an airblast measurement of a blast, and may specify the location of the requirements.
* * * * *
CHAPTER 87. SURFACE MINING OF COAL
Subchapter A. GENERAL PROVISIONS § 87.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:
* * * * * Blast--A detonation of explosives.
Blasting--The detonation of explosives
* * * * * Mine opening blasting--Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development, from the surface down to the point where the mine opening connects with the coal seam to be or being extracted.
* * * * *
Subchapter E. SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 87.124. Use of explosives: general requirements.
(a) A person who conducts surface mining activities shall comply with this chapter and applicable State and Federal laws in the use of explosives.
(b) Blasts that use more than 5 pounds of explosive or blasting agents shall be conducted according to the schedule required under § 87.126 (relating to use of explosives: public notice of blasting schedule).
(c) Blasting operations shall be conducted by or under the supervision of a competent blaster licensed and operating in compliance with Chapter 210 (relating to blasters' licenses).
(d) Blasting operations shall be conducted in compliance with Chapter 211 (relating to storage, handling and use of explosives).
(e) A person responsible for blasting operations at a blasting site shall be familiar with the blasting plan and site-specific performance standards.
§ 87.126. Use of explosives: public notice of blasting schedule.
(a) Blasting schedule publication.
(1) Each person who conducts surface mining activities shall publish a blasting schedule in a newspaper of general circulation in the locality of the proposed site, at least 10 days, but not more than 30 days, before beginning a blasting program in which blasts that use more than 5 pounds of explosives or blasting agents are detonated.
(2) Copies of the schedule shall be distributed by mail to local governments and public utilities and by mail or delivered to each resident within 1/2 mile of the blasting area. Copies sent to residents shall be accompanied by information advising the owner or resident how to request a preblasting survey.
(3) The person who conducts the surface mining activities shall republish and redistribute the schedule by mail at least every 12 months.
(b) Blasting schedule contents.
(1) A blasting schedule may not be so general as to cover the entire permit area or all working hours, but must identify as accurately as possible the location of the blasting sites and the time periods when blasting will occur.
(2) The blasting schedule must contain at a minimum the following:
(i) Identification of the specific areas in which blasting will take place. Each specific blasting area described must be reasonably compact and not larger than 300 acres (121.4 hectares).
(ii) Dates and time periods when explosives are to be detonated.
(iii) Methods to be used to control access to the blasting area.
(iv) Types of audible warnings and all-clear signals to be used before and after blasting.
(v) A description of possible emergency situations that might prevent blasting at times announced in the blasting schedule, such as rain, lightning, other atmospheric conditions or operator or public safety which may require unscheduled detonation.
(c) Public notice of changes to blasting schedules.
(1) The person who conducts the surface mining activities shall prepare a revised blasting schedule before blasting in areas or at times not in a previous schedule.
(2) The blasting schedule shall be revised, published and distributed in accordance with this section. Advice on requesting a preblast survey need not be provided to those parties advised in the original distribution under subsection (a)(2).
§ 87.127. Use of explosives: surface blasting requirements.
(a) Blasting shall be conducted between sunrise and sunset, at times announced in the blasting schedule, except that mine opening blasting conducted after the second blast, for that mine opening, may be conducted at any time of day or night as necessary to maintain stability of the mine opening to protect the health and safety of mineworkers. For mine opening blasting conducted after the second blast, for that mine opening, the Department may approve ground vibration and airblast limits at a dwelling, public building, school, church or commercial or institutional structure, that are less stringent than those specified in subsection (e) or (m) if consented to, in writing, by the structure owner and lessee, if leased to another party.
(b) The Department may specify more restrictive time periods, airblast or ground vibration limits, based on public requests or other relevant information, according to the need to adequately protect the public from the adverse affects of ground vibration, airblast or safety hazards.
* * * * * (e) Airblast shall be controlled so that it does not exceed the level specified in this subsection at a dwelling, public building, school, church or commercial or institutional structure, unless the structure is located on the permit area when the structure owner and lessee, if leased to another party, have each signed a waiver relieving the operator from meeting the airblast limitations of this subsection.
(1) The maximum allowable airblast level is 133 dBL.
* * * * * (f) Requirements for blasting are as follows:
(1) Public highways and entrances to the operation shall be barricaded and guarded by the operator if the highways and entrances to the operations are located within 800 feet of a point where a blast is about to be fired. The operator may use an alternative measure to this requirement if the operator demonstrates, to the Department's satisfaction, that the alternative measure is at least as effective at protecting persons and property from the adverse affects of a blast. Alternative measures are measures such as:
(i) Slowing or stopping traffic in coordination with appropriate State or local authorities, including local police.
(ii) Using mats to suppress fly rock.
(iii) Designing the blast to prevent damage or injury to persons and property located on the public highways or at the operation's entrances by using design elements such as:
(A) Orienting the blast so that the direction of relief is away from public highways or operation entrances.
(B) Adjusting blast design parameters including:
(I) The diameter of holes.
(II) The number of rows.
(III) The number of holes.
(IV) The amount and type of explosive.
(V) The burden and spacing.
(VI) The amount and type of stemming.
(VII) The powder factor.
* * * * * (j) When seismographs are not used to monitor peak particle velocity, the maximum weight of explosives to be detonated within an 8 millisecond period may be determined by the formula W = (D/Ds)2 where W equals the maximum weight of explosives, in pounds, that can be detonated in any 8 millisecond period or greater, D equals the distance, in feet, from the blast to the nearest dwelling, school, church, commercial or institutional building and Ds equals the scaled distance factor. The development of a modified scaled-distance factor may be authorized by the Department on receipt of a written request by the operator, supported by seismographic records of blasting at the minesite. The modified scaled- distance factor shall be determined so that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of subsection (m) at a 95% confidence level.
* * * * * (l) The Department may require a seismograph record of blasts and may specify the location at which the measurements are taken.
(m) The maximum ground vibration may not exceed the following limits at the location of a dwelling, public building, school, church or community or institutional building:
Distance (D), from the blasting site, in feet Maximum allowable peak particle velocity (Vmax) for ground vibration, in inches/second1 Scaled-distance factor to be applied without seismic monitoring (Ds)2 0 to 300 1.25 50 301 to 5,000 1.00 55 5,001 and beyond .75 65 1Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements.
2Applicable to the scaled-distance equation of subsection (j).
(n) The Department will not permit blasting to be conducted until:
(1) Blasting plans, under § 87.64 (relating to blasting plan), are approved by the Department and the approved blasting plan is returned to the operator.
(2) Notification of completion of requested preblasting surveys, under § 87.125 (relating to use of explosives: preblasting survey), is received by the Department.
(3) Copy of the proof of publication of each blasting schedule, under § 87.126 (relating to use of explosives; public notice of blasting schedule), is received by the Department.
(o) An operator may use Figure 1, the blast level chart, to determine the maximum allowable ground vibration. If Figure 1 is used, the operator shall provide a seismograph record including both the particle velocity time-history (wave form) and the particle velocity and vibration frequency levels for each blast.
* * * * * (1) The vibration frequency shall be displayed and analyzed over the frequency range of 1 Hz through 100 Hz.
(2) The permittee shall obtain Department approval of the analytical method used to determine the predominant frequency before applying this alternative criterion.
§ 87.129. Use of explosives: records of blasting operations.
A record of each blast shall be retained for at least 3 years and shall be available for inspection by the Department and the public on request. Seismographic reports, if applicable, must be made a part of that record. The record must contain the following data:
(1) The name of the operator conducting the blast.
(2) The location, date and time of blast.
(3) The name, signature and license number of blaster-in-charge.
(4) The identification of and the direction and distance, in feet, to the nearest dwelling, public building, school, church, commercial or institutional building or other structure.
(5) Weather conditions, including temperatures, wind direction and approximate velocity.
(6) The type of material blasted.
(7) The number of holes, burden and spacing.
(8) The diameter and depth of holes.
(9) The types of explosives used.
(10) The total weight of explosives used.
(11) The maximum weight of explosives detonated per delay interval.
(12) The maximum number of holes detonated per delay interval.
(13) The initiation system.
(14) The type and length of stemming.
(15) The mats or other protections used.
(16) The type of delay detonator and delay periods used.
(17) A sketch of the blast pattern, including number of holes, burden, spacing, decks and delay pattern.
(18) The number of persons in the blasting crew.
(19) Seismographic and airblast records, when required, including the type of instrument, sensitivity and calibration signal of the gain setting or certification of annual calibration and the following:
(i) The seismographic or airblast level, or both, reading, including the exact location of seismograph and its distance from the blast.
(ii) The name of the person taking the seismograph reading.
(iii) The name of person and firm analyzing the seismographic record.
(20) The reasons and conditions for each unscheduled blast.
CHAPTER 88. ANTHRACITE COAL
Subchapter A. GENERAL PROVISIONS
PRELIMINARY PROVISIONS § 88.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Blast--A detonation of explosives.
Blasting--The detontation of explosives.
* * * * * Mine opening blasting--Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development from the surface down to the point where the mine opening connects with the coal seam to be or being extracted.
* * * * *
Subchapter B. SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS § 88.135. Blasting: surface blasting requirements.
(a) Blasting shall be conducted between sunrise and sunset, except that mine opening blasting conducted after the second blast for that mine opening may be conducted at any time of day or night as necessary to maintain stability of the mine opening to protect the health and safety of mine workers. For mine opening blasting conducted after the second blast, for that mine opening, the Department may approve ground vibration and airblast limits at a dwelling, public building, school, church or commercial or institutional structure, that are less stringent than those specified in subsection (h) if consented to, in writing, by the structure owner and lessee, if leased to another party.
(b) The Department may specify more restrictive time periods, airblast or ground vibration limits, based on public requests or other relevant information, according to the need to adequately protect the public from the adverse affects of ground vibration, airblast or safety hazards.
* * * * * (f) Blasting operations must meet the following requirements:
(1) Public highways and entrances to the operation shall be barricaded and guarded by the operator if the highways and entrances to the operations are located within 800 feet of a point where a blast is about to be fired. The operator may use an alternative measure to this requirement if the operator demonstrates, to the Department's satisfaction, that the alternative measure is at least as effective at protecting persons and property from the adverse affects of a blast. Alternative measures are measures such as:
(i) Slowing or stopping traffic in coordination with appropriate State or local authorities, including local police.
(ii) Using mats to suppress fly rock.
(iii) Designing the blast to prevent damage or injury to persons and property located on the public highways or at the operation's entrances by using design elements such as:
(A) Orienting the blast so that the direction of relief is away from public highways or operation entrances.
(B) Adjusting blast design parameters including:
(I) The diameter of holes.
(II) The number of rows.
(III) The number of holes.
(IV) The amount and type of explosive.
(V) The burden and spacing.
(VI) The amount and type of stemming.
(VII) The powder factor.
* * * * * (h) In all blasting operations, the blasts shall be designed and conducted in a manner that achieves either a scaled distance of 90 or meets the maximum allowable peak particle velocity as indicated by Figure 1 at the location of any dwelling, public building, school, church or commercial or institutional building. Peak particle velocities shall be recorded in three mutually perpendicular directions--longitudinal, transverse and vertical. The maximum peak particle velocity shall be the largest of any of three measurements. The Department 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. The airblast level may not exceed 133 dBL.
(i) The maximum peak particle velocity and airblast limitations of this section do not apply at the following locations:
(1) At structures owned by the person conducting the mining activity, and not leased to another party.
(2) At structures owned by the person conducting the mining activity, and leased to another party, if a written waiver by the lessee is submitted to the Department prior to the blasting.
(j) Where seismographs are not used to monitor peak velocity, the maximum weight of explosives to be detonated within any 8 millisecond period may be determined by formula W = (D/502) where W = the maximum weight of explosives, in pounds, that can be detonated in any 8 millisecond period, or greater and D = the distance, in feet, from the blast to the nearest dwelling, school, church or commercial institutional building.
(k) Where a seismograph is used to monitor the peak particle velocity a seismograph record shall be obtained for each blast.
(l) The Department may require a seismograph record of any blasts and may specify the location at which the measurements are taken.
§ 88.137. Use of explosives: records of blasting operations.
A record of each blast shall be retained for at least 3 years and shall be available for inspection by the Department and the public on request. Seismographic reports, if applicable, must be made a part of that record. The record must contain the following data:
(1) The name of the operator conducting the blast.
(2) The location, date and time of blast.
(3) The name, signature and license number of blaster-in-charge.
(4) The identification of and the direction and distance, in feet, to the nearest dwelling, school, church or commercial or institutional building if it is one of the following:
(i) Not located in the permit area.
(ii) Not owned nor leased by the person who conducts the surface mining activities.
(5) Weather conditions, including temperatures, wind direction and approximate velocity.
(6) The type of material blasted.
(7) The number of holes, burdens and spacing.
(8) The diameter and depth of holes.
(9) The types of explosives used.
(10) The scaled distance.
(11) The total weight of explosives used.
(12) The maximum weight of explosives detonated per delay interval.
(13) The maximum number of holes detonated per delay interval.
(14) The initiation system.
(15) The type and length of stemming.
(16) The mats or other protections used.
(17) The type of delay detonator and delay periods used.
(18) The arrangement of the delay pattern.
(19) The seismograph records, when required, including the calibration signal of the gain setting and the following:
(i) A seismograph reading, including exact location of seismograph and its distance from the blast.
(ii) The name of the person taking the seismograph reading.
(iii) The name of the person and firm analyzing the seismographic record.
Subchapter F. ANTHRACITE UNDERGROUND MINES § 88.493. Minimum environmental protection performance standards.
A person who conducts underground mining activities shall comply with the performance standards and design requirements of this section. The following performance standards shall be met:
* * * * * (7) Use of explosives includes:
(i) A person who conducts surface blasting activities incident to underground mining activities, including, but not limited to, mine opening blasting shall conduct the activities in compliance with §§ 88.45 and 88.134--88.137.
(ii) A person who conducts underground blasting activities shall comply with this chapter and applicable State and Federal laws and regulations in the use of explosives.
* * * * *
CHAPTER 89. UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES
Subchapter A. EROSION AND SEDIMENTATION CONTROL
GENERAL PROVISIONS § 89.5. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Mine opening blasting--Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development, from the surface down to the point where the mine opening connects with the coal seam to be or being extracted.
* * * * *
Subchapter B. OPERATIONS
PERFORMANCE STANDARDS § 89.62. Use of explosives.
Each person who conducts surface blasting activities incident to underground mining activities, including, but not limited to, mine opening blasting, shall conduct the activities in compliance with Chapter 87 (relating to surface mining of coal).
ARTICLE IV. OCCUPATIONAL HEALTH AND SAFETY
CHAPTER 210. BLASTERS' LICENSES § 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.
Mine opening blasting--Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development, from the surface down to the point where the mine opening connects with the mineral strata to be or being extracted.
Person--A natural person.
§ 210.12. Scope.
This chapter applies to persons engaging in the detonation of explosives within this Commonwealth. Except for persons engaging in mine opening blasting, 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).
§ 210.17. 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, mine opening blasting and underground noncoal mining), trenching and construction, seismic and pole line work, well perforation, surface mining, underground noncoal mining, mine opening blasting, 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 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.
[Pa.B. Doc. No. 08-1456. Filed for public inspection August 8, 2008, 9:00 a.m.]
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