RELATES TO:
KRS 350.430
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 350 in
pertinent part requires the cabinet to promulgate rules and administrative
regulations establishing performance standards for protection of people and
property, land, water and other natural resources, and aesthetic values, during
surface mining activities and for restoration and reclamation of surface areas
affected by mining activities. This administrative regulation sets forth
specific requirements for the use of explosives for surface blasting, including
qualified supervision of blasting, preblasting surveys, blasting schedules,
warning signals, restrictions on timing and location of blasting, limitations
on air-blast and ground vibration, seismographic measurements, and records of
blasting operations.
Section 1. General
Requirements.
(1) Each permittee and person
who conducts blasting operations shall comply with all applicable local, state,
and federal laws and regulations in the use of explosives.
(2) Blasts that use more than five (5) pounds
of explosives or blasting agents shall be conducted according to the schedule
required by Section 3 of this administrative regulation.
(3) Each
permittee shall have all blasting
operations conducted under the direction of a
blaster certified in accordance
with
405 KAR
7:070. A certified
blaster and at least one (1) other
person shall be present at the firing of a blast. Persons responsible for
blasting operations at a blasting site shall be familiar with the blasting plan
and site-specific performance standards.
(4)
(a) An
anticipated blast design shall be submitted if blasting operations will be
conducted within:
1. 1,000 feet of any
building used as a dwelling; public building; school; church; or commercial,
community or institutional building outside the permit area; or
2. 500 feet of an active or abandoned
underground mine.
(b)
The blast design shall be presented as part of the permit application or shall
be submitted to the department's appropriate regional office at least thirty
(30) days prior to initiation of the blast.
(c) The blast design shall contain sketches
of the drill patterns, delay periods, and decking; shall indicate the types and
amounts of explosives to be used, critical dimensions, and the locations of
structures to be protected; shall include a general description of structures
to be protected; and shall contain a discussion of design factors to be used,
which protect the public and meet the applicable airblast, flyrock, and ground
vibration standards in this administrative regulation.
(d) The blast design shall be prepared and
signed by a certified blaster.
(e)
The cabinet may require changes to the design submitted in order to ensure
compliance with KRS Chapter 350; SMCRA; and 405 KAR Chapters 7 through
24.
Section
2. Preblasting Survey.
(1) At
least thirty (30) days before initiation of blasting, the permittee shall
notify, in writing, all residents or owners of dwellings or other structures
located within one-half (1/2) mile of the permit area how to request a
preblasting survey in accordance with subsection (2) of this section.
(2) A resident or owner of a dwelling or
other structure within one-half (1/2) mile of any part of the permit area may
request a preblasting survey. This request shall be made in writing directly to
the permittee or to the cabinet which shall promptly notify the permittee. The
permittee shall promptly conduct a preblasting survey of the dwelling or
structure. If a structure is renovated, modified, or added to subsequent to a
preblasting survey, then, upon request a survey of such additions and
renovations shall be performed in accordance with this section.
(3) The survey shall determine the condition
of the dwelling or structure and document any preblasting damage and other
physical conditions that could reasonably be affected by the blasting.
Structures such as pipelines, cables, transmission lines and cisterns, wells,
and other water systems warrant special attention; however, the assessment of
these structures may be limited to surface condition and readily available data
unless additional data are specifically required by the cabinet.
(4) A written report of the survey shall be
promptly prepared and signed by the person who conducted the survey. The report
may include recommendations of any special conditions or proposed adjustments
to the blasting procedure which should be incorporated into the blasting plan
to prevent damage. If the resident or structure owner or his representative
accompanies the surveyor, the report shall contain the name of such person.
Copies of the report shall be promptly provided to the person requesting the
survey and to the cabinet. If the person requesting the survey disagrees with
the results of the survey, he or she may submit, in writing to both the
permittee and the cabinet, a detailed description of the specific areas of
disagreement. The cabinet may require additional measures to ensure that
adequate and accurate information is included in the preblasting survey and to
ensure compliance with the requirements of this administrative
regulation.
(5) Any surveys
requested more than ten (10) days before the planned initiation of blasting
shall be completed by the permittee before the initiation of
blasting.
Section 3.
Public Notice of Blasting Schedule.
(1)
Blasting schedule publication.
(a) Each
permittee shall publish a blasting schedule at least ten (10) days, but not
more than thirty (30) days, before beginning a blasting program in which blasts
that use more than five (5) pounds of explosives or blasting agents are
detonated. The blasting schedule shall be published in a newspaper of general
circulation in the locality of the blasting site.
(b) Copies of the schedule shall be
distributed in accordance with the time frame specified in paragraph (a) of
this subsection to the appropriate department regional office, to local
governments and public utilities, and to each residence within one-half (1/2)
mile of the blasting site described in the schedule.
(c) The permittee shall republish and
redistribute the schedule at least every twelve (12) months and revise,
republish, and redistribute the schedule at least ten (10) days, but not more
than thirty (30) days, before blasting whenever the area covered by the
schedule changes, the actual time periods for blasting significantly differ
from those identified in the prior announcement, or the permittee changes the
types or patterns of warning or all-clear signals identified in the prior
schedule.
(2) Blasting
schedule contents. The blasting schedule shall contain at a minimum:
(a) The name, address, and telephone number
of the permittee;
(b)
Identification of the specific areas in which blasting will take
place;
(c) Identification of the
dates and time periods when explosives are to be detonated;
(d) Identification of the methods to be used
to control access to the blasting area; and
(e) Identification of the types and patterns
of audible warnings and all-clear signals to be used before and after
blasting.
Section
4. Surface Blasting Requirements.
(1) General requirements.
(a) The permittee shall conduct blasting
operations at times approved by the cabinet and announced in the blasting
schedule. The cabinet may limit the area covered, timing, and sequence of
blasting as listed in the schedule, if such limitations are necessary and
reasonable in order to protect the public health and safety or
welfare.
(b) All blasting shall be
conducted between sunrise and sunset. The cabinet may specify more restrictive
time periods based on public requests or other relevant information and
according to the need to adequately protect the public from adverse noise and
other impacts. Blasting may, however, be conducted between sunset and sunrise
if:
1. A blast that has been prepared during
the day must be delayed due to the occurrence of an unavoidable hazardous
condition and cannot be delayed until the next day because a potential safety
hazard could result that cannot be adequately mitigated;
2. Prior approval for conducting the blasting
between sunset and sunrise is obtained from the Kentucky Office of Mine Safety
and Licensing; and
3. A complete
written report of blasting at night is filed by the permittee with the cabinet
not later than three (3) days after the night blasting, not including
Saturdays, Sundays, or legal holidays. The report shall include a detailed
description of the reasons for the delay in blasting including why the blast
could not be held over to the next day, identification of the time at which the
blast was actually conducted, a description of the warning notices given, and a
copy of the blast record required by Section 6 of this administrative
regulation.
(c)
Unscheduled blasts may be conducted only where public or operator health and
safety so require and for emergency blasting actions. When a permittee conducts
an unscheduled blast, the permittee, using audible signals, shall notify all
persons within one-half (1/2) mile of the blasting site and document the reason
for the unscheduled blast in accordance with Section 6(20) of this
administrative regulation.
(d) The
use of a charge weight of explosives in excess of 40,000 pounds in any blast
shall not occur without a valid permit for such blasting from the Kentucky
Office of Mine Safety and Licensing. Such a permit shall be present at the
blast site while such blasting is being conducted.
(2) Warnings. Warning and all-clear signals
of different character or pattern that are audible within a range of one-half
(1/2) mile from the point of the blast shall be given. Each person within the
permit area and each person who resides or regularly works within one-half
(1/2) mile of the
permit area shall be notified of the meanings of the signals
as identified in the blasting schedule through appropriate communications.
These notifications shall be periodically delivered or otherwise communicated
to such persons in a manner which can reasonably be expected to inform such
persons of the meanings of the signals. Delivery or other appropriate
communication of the meanings of such signals to the head of a household or to
the person in charge of a place of business shall constitute sufficient
notification of the meanings of such signals to all persons at such household
or place of business. Each
permittee shall maintain signs in accordance with
405 KAR 16:030,
Section 6.
(3) Access control.
Access to the blasting area shall be controlled to prevent the presence of
livestock or unauthorized personnel during blasting until the
blaster has
reasonably determined:
(a) That no unusual
circumstances, such as imminent slides or undetonated charges, exist;
and
(b) That access to and travel
in or through the blasting area can be safely resumed.
(4)
(a)
Airblast. Airblast shall be controlled so that it does not exceed the values
specified in Appendix A of this administrative regulation at any dwelling;
public building; school; church; or commercial, community, or institutional
building outside the permit area except as provided in subsection (8) of this
section.
(b) In all cases except
those involving the use of C-weighted, slow-response devices, the measuring
systems used shall have a flat frequency response of at least 200 Hz at the
upper end. The C-weighted shall be measured with a Type 1 sound level meter
that meets the standard American National Standards Institute (ANSI) S1.4-1971
specifications.
(c) If necessary to
prevent damage, the cabinet shall specify lower maximum allowable airblast
levels than those in Appendix A of this administrative regulation for use in
the vicinity of a specific blasting operation.
(d)
1. To
evaluate compliance with the airblast standards of this administrative
regulation, throughout blasting operations the permittee shall periodically
monitor compliance with the airblast standards.
2. Monitoring pursuant to this paragraph
shall be deemed "periodic" if at least three (3) consecutive blasts are
monitored one (1) time during the period of January through June and one (1)
time during the period of July through December; provided however:
a. The cabinet may approve or require an
alternative frequency if deemed appropriate based on site conditions, the
anticipated blast design, the proposed blasting plan, and any other pertinent
information available to the cabinet. A plan for less frequent airblast
monitoring shall be deemed approved if the plan is specified as a condition of
permit issuance or is specified in the approved permit application and not
modified by a condition of permit issuance. A plan for more frequent airblast
monitoring shall be established in the approved permit application, as a
condition of permit issuance, or after permit issuance in accordance with
subparagraph 3 of this paragraph.
b. If detonation of explosives did not occur
during the designated monitoring period, airblast monitoring need not be
conducted during that period.
3. Subsequent to permit issuance, the cabinet
may require airblast measurements of any or all blasts and may specify the
locations of such measurements.
4.
The results of all airblast monitoring shall be recorded in accordance with
Section 6 of this administrative regulation.
(5) Flyrock. Flyrock, including blasted
material traveling along the ground, shall not be cast from the blasting site
more than half the distance to the nearest dwelling; public building; school;
church; commercial, community, or institutional building; or any occupied
structure and in no case beyond the boundary of the permit area or beyond the
area of regulated access required under subsection (3) of this
section.
(6) Prevention of adverse
impacts. Blasting shall be conducted to prevent injury to persons; damage to
public and private properties outside the permit area; adverse impacts on any
underground mine; changes in the courses, channels, and availability of surface
waters outside the permit area; and alterations of the ground water flow
systems and ground water availability outside the permit area.
(7) Ground vibration.
(a) General. In all blasting operations
except as otherwise authorized by subsection (8) of this section, the maximum
ground vibration shall not exceed the values approved in the blasting plan
required under
405 KAR
8:030. The maximum ground vibration at the location of
any dwelling;
public building; school; church; or commercial, community, or
institutional building outside the
permit area shall be established in
accordance with either the maximum peak particle velocity limits of paragraph
(b) of this subsection, in accordance with the scale-distance equations of
paragraph (c) of this subsection, in accordance with the blasting-level
equations of paragraph (d) of this subsection, or by the cabinet pursuant to
paragraph (e) of this subsection. All other structures in the vicinity of the
blasting area, such as water towers, pipelines, and other utilities; tunnels;
dams; impoundments; and underground mines shall be protected from damage by
establishment of a maximum allowable limit on the ground vibration proposed by
the
applicant in the blasting plan and approved by the cabinet.
(b) Maximum peak particle velocity. The
maximum ground vibration shall not exceed the limits established in Appendix B
of this administrative regulation at the location of any dwelling; public
building; school; church; or commercial, community, or institutional building
outside the permit area. Seismographic records shall be recorded for each
blast.
(c) Scale-distance
equations.
1. A permittee may use the
scale-distance equations of Appendix C of this administrative regulation to
determine the allowable charge weight of explosives to be detonated within any
eight (8) millisecond period without seismic monitoring.
2. The development of a modified
scale-distance factor may be authorized by the cabinet based on a written
request by the permittee supported by seismographic records of blasting at the
mine site. The modified scale distance factor shall be determined such that the
particle velocity of the predicted ground vibration will not exceed the limits
established in Appendix B of this administrative regulation at a ninety-five
(95) percent confidence level.
(d) Blasting-level equations. A permittee may
use the ground vibration limits calculated from the blasting-level equations in
Appendix D of this administrative regulation to determine the maximum allowable
ground vibration. If the blasting-level equations are used, a seismographic
record including both particle velocity and vibration-frequency levels shall be
provided for each blast. The method for the analysis of the predominate
frequency contained in the blasting records shall be approved by the cabinet
before application of this alternative blasting criterion.
(e) The maximum allowable ground vibration
shall be reduced by the cabinet beyond the limits of this subsection if the
cabinet determines that lower limits are necessary to provide damage protection
and ensure compliance with subsection (6) of this section.
(8) The maximum airblast and ground vibration
standards of this section shall not apply at the following locations:
(a) At structures owned by the permittee and
not leased to another party; and
(b) At structures owned by the permittee and
leased to another party, if a written waiver by the lessee is submitted to the
cabinet prior to blasting.
Section 5. Seismographic Measurements.
(1) The maximum peak particle velocity shall
be recorded as either the largest of the peak particle velocities measured in
three (3) mutually perpendicular directions or the vector sum
thereof.
(2) The cabinet may
require a permittee to conduct seismic monitoring of any or all blasts and may
specify the location at which such measurements are taken and the degree of
detail necessary in the measurement.
Section 6. Records of Blasting Operations. A
record of each blast, including any required seismograph reports, shall be
retained for at least five (5) years and shall be available for inspection by
the cabinet and the public on request. The record shall contain the following
data:
(1) Name of the permittee.
(2) Location, date, and time of the
blast.
(3) Name, signature,
certification number, and license number of the blaster in charge of the
blast.
(4) Identification of and
direction and distance, in feet, from the nearest blast hole to the nearest
dwelling; public building; school; church; or commercial, community, or
institutional building outside the permit area, except those described in
Section 4(8) of this administrative regulation.
(5) Weather conditions, including those which
may cause possible adverse blasting effects.
(6) Type of material blasted.
(7) Sketches of the blast pattern including
number of holes, burden, spacing, decks, and delay pattern.
(8) Diameter and depth of holes.
(9) Types of explosives used.
(10) Total weight of explosives
used.
(11) Total weight of
explosives used per hole.
(12)
Maximum weight of explosives detonated within any eight (8) millisecond
period.
(13) Maximum number of
holes detonated within any eight (8) millisecond period.
(14) Type of initiation system.
(15) Type of circuit.
(16) Type and length of stemming.
(17) Mats or other protection used.
(18) Type of delay detonator and delay
periods used.
(19) Seismographic
and airblast records, if used, which include for each record:
(a) Type of instrument, sensitivity, and
either calibration signal or certification of annual calibration;
(b) Exact location of instrument and the date
of, time of, and distance from the blast;
(c) For seismographic records, the actual
seismographic record;
(d) Name of
the person and firm taking the reading;
(e) Name of the person and firm analyzing the
seismographic record; and
(f) As
applicable, vibration and airblast levels recorded.
(20) Reasons and conditions for each
unscheduled blast.
Appendix A of 405 KAR 16:120 Airblast
Limitations
|
Lower frequency limit of measuring system in Hz
(+3dB)
|
Maximum level in dB
|
*0.1 Hz or lower - flat response
|
134 peak
|
2 Hz or lower - flat response
|
133 peak
|
6 Hz or lower - flat response
|
129 peak
|
*C-weighted, slow response
|
105 peak dBC
|
*These measuring systems shall be used only when approved by
the cabinet.
Appendix B of 405 KAR 16:120 Peak Particle Velocity
Limits
|
Distance from the blasting site in feet
|
Maximum allowable peak particle velocity for ground
vibration in inches per second
|
0 to 300
|
1.25
|
301 to 5,000
|
1.00
|
5,001 and beyond
|
0.75
|
Appendix C of 405 KAR 16:120 Scale-distance
Equations
|
Distance (D) from the blasting site in feet
|
Scale-distance equation
|
0 to 300
|
W = (D/50)2
|
301 to 5,000
|
W = (D/55)2
|
5,001 and beyond
|
W = (D/65)2
|
where: W = the maximum weight of explosives that can be
detonated within any eight (8) millisecond period.
where: D = the distance, in feet, from the blasting site to the
nearest protected structure.
Appendix D of 405 KAR 16:120 Blasting-level
Equations
|
Blasting vibration frequency
|
Blasting-level equation
|
Hz < 4
|
V = 0.19Hz0.9904
|
4 < Hz < 11
|
V = 0.75
|
11 < Hz < 30
|
V = 0.0719 Hz0.9776
|
Hz > 30
|
V = 2.00
|
where: Hz = the blast vibration frequency in hertz.
where: V = the maximum allowable particle velocity in inches
per second.