§ 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.
(c) Warning and all-clear signals shall be different in pattern, audible within a range of 1/2 mile from the point of the blast, sounded before and after each blast. Each person within the permit area shall be notified of the meaning of the signals through appropriate instructions. These instructions shall be periodically delivered or otherwise communicated in a manner which can be reasonably expected to inform the persons of the meaning of the signals. Each person who conducts blasting incident to surface mining activities shall:
(1) Give sufficient warning when a blast is about to be fired, so that a person approaching within 500 feet of the blast area may be warned of the danger and be given ample time to retreat a safe distance from the blast area.
(2) Erect signs at least 500 feet from the blast areas reading: ‘‘BLAST AREA—SHUT OFF ALL TWO-WAY RADIOS’’ when electric blasting operations are located near highways or other public ways. The letters of these signs shall be not less than four inches in height on a contrasting background.
(3) Place at all entrances to the permit area from public roads or highways conspicuous signs which state ‘‘WARNING! EXPLOSIVES IN USE,’’ which clearly explain the blast warning and all clear signals that are in use and which explain the marking of blasting areas and charged holes within the permit area.
(d) Access to an area possibly subject to flyrock from blasting shall be controlled to protect the public and livestock. Access to the area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until an authorized representative of the person who conducts the surface mining activities has reasonably determined:
(1) That no unusual circumstances, such as imminent slides or undetonated charges, exist.
(2) That access to and travel in or through the area can be safety resumed.
(e) In all blasting operations, a scaled distance of 50 or numerically greater may be used to determine the maximum charge weight per delay interval of 8 milliseconds or greater without the use of seismic instrumentation.
(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.
(2) When a blast is about to be fired within 200 feet of a pipeline, the operator shall exercise necessary caution for the protection of the pipeline. The operator shall notify the owner of the line of his intention to blast, giving a description of the precautionary measures that will be taken under § 211.62 (relating to blasting in the vicinity of utility lines).
(3) No blasting may be done within the confines of an area of 300 feet of a public building or occupied dwelling unless prior written consent of the property owner has been obtained.
(4) Flyrock, including blasted material traveling along the ground, may not be cast from the blasting vicinity more than 1/2 the distance to the nearest dwelling or other occupied structure and in no case beyond the line of property owned or leased by the permittee, or beyond the area of regulated access required under subsection (d).
(5) Notwithstanding other regulations, no blasting, whether of overburden or of coal, may be done or performed in a manner and under such circumstances or conditions that eject debris into the air, as to constitute a hazard or danger or do harm or damage to persons or property in the area of the blasting.
(g) Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, or availability of groundwaters or surface waters and shall be prohibited in all cases where the effect of the blasting is liable to change the course or channel of any strea
(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.
Authority
The provisions of this § 88.135 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.4b); section 11 of the Noncoal Surface Mining Conservaton and Reclamation Act (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).
Source
The provisions of this § 88.135 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial pages (281206) and (244185) to (244186).
Cross References
This section cited in 25 Pa. Code § 88.82 (relating to signs and markers); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).
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