[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 ÷
WStemming--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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[Continued from previous Web Page] Subchapter B. STORAGE AND CLASSIFICATION OF EXPLOSIVES § 211.111. Scope.
This subchapter applies to the classification and storage of explosives. It establishes the requirements, procedures and standards for licensing, constructing, siting and maintaining magazines.
§ 211.112. Magazine license and fees.
(a) A person storing explosives shall do so in a magazine licensed by the Department. A person may not construct, install or modify a magazine until the Department has issued or amended the license in writing. The licensee shall store explosives in accordance with the approved application, the license and this chapter.
(b) The license specifies the types and quantities of explosives to be stored in the magazine and any other condition necessary to ensure that the proposed activity complies with applicable statutes and this chapter.
(c) Licenses expire annually on December 31 of each year. If the Department receives a complete renewal application by December 31, the licensee may continue to operate under the current license until the Department acts on the renewal application.
(d) License fees are as follows:
(1) License:
(i) Application--$50
(ii) Site inspection--$50
(2) License modifications--$50
(3) License renewals--$50
(4) License transfers--no fee
§ 211.113. Application contents.
(a) An application to obtain, renew, modify or transfer a magazine license shall be on forms approved by the Department. Before the Department issues, renews, transfers or modifies a license, the application must demonstrate that the applicant has complied with the applicable requirements of this chapter.
(b) A completed license application shall include:
(1) The applicant's name, address and telephone number.
(2) A contact person, including name, title and telephone number.
(3) The types and quantities of explosives to be stored within the magazine.
(4) A map, plan or a sketch of the site location showing the nearest buildings, nearest railways, nearest highways, and existing barricades, if any, and proposed barricades.
(5) A plan showing the design and specifications of the magazine to be licensed.
(c) A license renewal application shall include:
(1) The applicant's name, address and telephone number.
(2) A contact person, including name, title and telephone number.
(3) The maximum amount and type of explosives for which the magazine is currently licensed.
§ 211.114. Displaying the license.
The magazine license, or a legible copy of the license, shall be conspicuously displayed. If possible, the license shall be displayed inside the magazine. In all other cases, the license shall be displayed at the site and adjacent to the magazine to which it applies.
§ 211.115. Standards for classifying and storing explosives and constructing, maintaining and siting magazines.
(a) The provisions of 27 CFR Part 55, Subpart K (relating to storage), are incorporated herein by reference. These provisions shall be used to:
(1) Classify explosives.
(2) Determine which class of explosives may be stored in each type of magazine.
(3) Determine the quantity of explosives that may be stored.
(4) Determine the applicable construction standards for each type of magazine.
(5) Site the magazine.
(6) Specify maintenance and housekeeping standards for a magazine.
(7) Grant variances.
(b) For purposes of incorporation by reference of 27 CFR Part 55 Subpart K, the term ''Department'' is substituted for the term ''director,'' and the term ''representatives of the Department'' is substituted for the term ''ATF Official.''
Subchapter C. PERMITS § 211.121. General requirements.
(a) Except as otherwise provided in this subchapter, a person may not engage in blasting activities, or sell or purchase explosives in this Commonwealth without first obtaining the appropriate permit from the Department issued under this chapter.
(b) Permits under this chapter are not required for the sale, purchase or use of fireworks governed by the act of May 15, 1939 (35 P. S. §§ 1271--1277).
(c) A permit issued under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a), or the Noncoal Surface Mining and Conservation and Reclamation Act (52 P. S. §§ 3301--3326), and the regulations promulgated thereunder, authorizing blasting activity shall act as a blasting activity permit issued under this chapter.
(d) An application for a permit for the sale or purchase of explosives or to conduct blasting activities shall be on a form provided by the Department. A permit will not be issued unless the application is complete and demonstrates that the proposed activities comply with the applicable requirements of this chapter. The Department will notify applicants of an incomplete application and identify the items necessary to complete the application. The permittee shall comply with the approved application, the permit and this chapter.
(e) The Department will not issue a permit to any person who has either:
(1) Failed and continues to fail to comply with this chapter or a condition of a permit issued under this chapter or an order issued to enforce this chapter.
(2) Demonstrated an inability or lack of intention to comply with this chapter as indicated by past or continuing violations.
§ 211.122. Permits to sell explosives.
(a) An application for a permit to sell explosives shall:
(1) Identify the applicant's name, address, telephone number and type of business.
(2) Identify a contact person, including name, title and telephone number.
(3) Specify the type of explosives to be sold.
(4) State whether the applicant will purchase or manufacture the explosives to be sold.
(5) For in-State sellers, include the applicant's magazine license number, if applicable.
(b) Permits to sell explosives are not transferable.
(c) Permits to sell explosives expire on April 30 of each year. If the Department receives a complete renewal application by April 30, the permittee may continue to operate under the current permit until the Department acts on the renewal application.
(d) A permit to sell explosives shall:
(1) Identify the permittee.
(2) Specify the type of explosives that the permittee may sell.
(3) Contain conditions, as necessary, to ensure that the proposed activity complies with applicable statutes and this chapter.
§ 211.123. Permits to purchase explosives.
(a) An application for a permit to purchase explosives shall:
(1) Identify the applicant's name, address, telephone number and type of business.
(2) Identify a contact person, including name, title and telephone number.
(3) Identify the location and license number of the magazine to be used for storing the explosives, if applicable.
(4) Specify the type of explosives that will be purchased.
(5) Specify whether the explosives are being purchased for sale or use by the permittee.
(b) Permits to purchase explosives are not transferable.
(c) Permits to purchase explosives expire on April 30 of each year. If the Department receives a complete renewal application by April 30, the permittee may continue to operate under the current permit until the Department acts on the renewal.
§ 211.124. Blasting activity permits.
(a) An application for a blasting activity permit shall be prepared by a blaster and shall include:
(1) The applicant's name, address, telephone number and type of business.
(2) A contact person's name, title and telephone number.
(3) The identity of independent subcontractors who will be performing the blasting activities.
(4) The type of explosives to be used.
(5) The maximum amount of explosives that will be detonated per delay interval of less than 8 milliseconds.
(6) The maximum amount of explosives that will be detonated in any one blast.
(7) A map indicating the location where the explosives will be used.
(8) The purpose for which the explosives will be used.
(9) The location and license number of the magazine that will be used to store the explosives, if applicable.
(10) A description of how the monitoring requirements of Subchapter G (relating to requirements for monitoring) will be satisfied.
(11) Proof of third party general liability insurance in the amount of $300,000 or greater per occurrence. This requirement is not applicable if the permittee is a noncoal surface mine operator who produces no more than 2,000 tons (1,814 metric tons) of marketable minerals per year from all its noncoal surface mining operations.
(12) The anticipated duration of the blasting activity for which the permit is needed.
(13) The anticipated days of the week and times when blasting may occur.
(14) The distance and direction to the closest building not owned by the permittee or its customer.
(15) Other information needed by the Department to determine compliance with applicable laws and regulations.
(16) The printed name, signature and license number of the blaster who prepared the application.
(17) Proof that residents within 200 feet (65.61 meters) of the blast site were informed of the proposed blasting operation. This notification could be a personal notification, written material left at each residence, or first class mail. The notification will provide general information about the blasting operation including the duration of the operation.
(b) Blasting activity permits are not transferable.
(c) The blasting activity permit shall specify:
(1) The blasting activity permittee.
(2) Any independent subcontractors performing work under this permit.
(3) Limits on particle velocity and airblast.
(4) The types of explosives that may be used.
(5) The duration of the permit.
(6) Other conditions necessary to ensure that the proposed blasting activity complies with the applicable statutes and this chapter.
(d) The permittee may request extensions and modifications by submitting an amended application.
§ 211.125. Blasting activity permit-by-rule.
(a) A person shall be deemed to have a permit for a blasting activity if:
(1) The blasts are designed and performed for a scaled distance of 90 or greater.
(2) No more than 15 pounds (6.81 kilograms) of explosives are detonated per delay interval of less than 8 milliseconds.
(3) The total charge weight per blast does not exceed 150 pounds (68.18 kilograms).
(4) The person notifies the Department either verbally, in writing, or by other means approved by the Department prior to the initial blast. If the person gives verbal notification, a written notice shall be received by the Department within 5 working days. The notification shall indicate the following information for all blasts that will occur under this permit:
(i) The identity of the person.
(ii) The location where the blasting will occur.
(iii) The purpose of the blasting.
(iv) The distance to the nearest building not owned or leased by the person or its customer.
(v) The days of the week and times when blasting may occur.
(vi) The duration of blasting activities under this permit by rule.
(vii) The minimum scaled distance.
(viii) The maximum weight of explosives detonated per delay period of less than 8 milliseconds.
(ix) The maximum total weight of explosives per blast.
(x) A contact person and telephone number.
(5) Blast reports are completed in accordance with § 211.133 (relating to blast report).
(6) The other monitoring and performance standards of this chapter are met.
(b) The Department may revoke a blasting activity permit by rule under one of the following:
(1) The permittee has demonstrated an unwillingness or inability to comply with the applicable regulations.
(2) The blasting activity possesses a sufficient risk of harm to the public or the environment to warrant an individual blasting activity permit.
Subchapter D. RECORDS OF DISPOSITION OF EXPLOSIVES § 211.131. Sales records.
The seller shall keep an accurate record of every sale of explosives for 3 years. The record shall identify the purchaser's name and address, the Department purchase permit number, the date of the sale and the amount and types of explosives.
§ 211.132. Purchase records.
The purchaser shall keep a record of all purchases of explosives for 3 years. The record shall identify the date, types and amounts of explosives purchased and the name and address of the seller.
§ 211.133. Blast reports.
(a) The blaster-in-charge shall prepare a report of each blast to provide the Department with sufficient information to reconstruct the conditions and events surrounding a blast. The Department may develop and require a blast report form to be used. The blasting activity permittee shall retain the blast report for at least 3 years and shall make the blast report available to the Department upon request. Blast reports shall contain, at a minimum, the following:
(1) The locations of the blast and monitoring readings.
(2) The name of the blasting activity permittee.
(3) The blasting activity permit or appropriate mining permit number.
(4) The date and time of the blast.
(5) The printed name, signature and license number of the blaster-in-charge.
(6) The type of material blasted.
(7) A sketch showing the number of blast holes, burden, spacing, pattern dimensions and point of initiation.
(8) The diameter and depth of blast holes.
(9) The height or length of stemming and deck separation for each hole.
(10) The types of explosives used and arrangement in blast holes.
(11) The total weight in pounds of explosives and primer cartridges used.
(12) The maximum weight in pounds of explosives detonated per delay period of less than 8 milliseconds.
(13) The type of circuit, if electric detonation was used.
(14) The direction and distance in feet from the blast site to the nearest building not owned by the blasting activity permittee or its customer.
(15) A description of the nearest building location not owned or leased by the blasting activity permittee or its customer based upon local landmarks.
(16) The scaled distance.
(17) The weather conditions.
(18) The direction from which the wind was coming.
(19) The measures taken to control flyrock, including whether or not mats were used.
(20) The total quantity and type of detonators used and delays used.
(21) The number of individuals in the blasting crew.
(22) The maximum number of blast holes or portions of blast holes detonated per delay period less than 8 milliseconds.
(23) The monitoring records required by § 211.173 (relating to monitoring records). Monitoring records shall be made part of the blast report within 30 days of the blast. Beginning July 14, 2004, monitoring records shall be made part of the blast report within 14 days of the blast. The Department may grant a waiver to allow monitoring records to be made part of the blasting record within 30 days of the blast if all blasts, regardless of scaled distance, are monitored and monthly summaries of these reports, including the information required in subsection (b), are provided. Monitoring records shall be made part of the blast report within 7 days, if requested by the Department.
(24) If a misfire occurred, the actions taken to make the site safe as specified in § 211.157 (relating to postblast measures).
(b) The Department may require monthly summaries of these reports. The summaries shall include the date and time of the blasts, scaled distance, peak particle velocity, airblast, monitoring location, amount and types of explosives used and other information the Department deems necessary to ensure compliance with this chapter.
Subchapter E. TRANSPORTATION OF EXPLOSIVES § 211.141. General requirements.
The blasting activity, purchase or sale permittee shall:
(1) Immediately unload a vehicle carrying explosives upon reaching a magazine location. The unloaded vehicle shall be removed from the site. The only exception to this requirement is if the vehicle is a licensed magazine under Subchapter B (relating to the storage and classification of explosives).
(2) Load or unload explosives from a vehicle only after the engine is turned off, unless power is needed for the loading or unloading operation. The permittee shall take all precautions necessary, such as blocking the wheels, to prevent the movement of the vehicle while it is being loaded or unloaded.
(3) Load explosives only into a vehicle that is marked in accordance with the Department of Transportation standards for placarding vehicles transporting explosives.
(4) Prohibit smoking within 100 feet of a vehicle used for transporting explosives. ''NO SMOKING'' signs shall be posted when a vehicle containing explosives is parked at a blast site or magazine.
(5) Load no more than 2,000 pounds (908 kilograms) of explosives into an open body vehicle for transporting. The ends and sides shall be high enough to prevent explosives from falling off, and the load shall be covered with a fire-resistant tarpaulin, unless the explosives are transported in a magazine securely attached to the vehicle.
(6) Load explosives into a closed body vehicle if the load is more than 2,000 pounds (908 kilograms) of explosives.
(7) Only load explosives into a vehicle with a bed made of wood or other nonsparking material.
(8) Load explosives into a vehicle which is also transporting metal, metal tools, blasting machines or other articles or materials likely to damage the explosives, only if these items are separated from the explosives by substantial nonsparking bulkheads constructed to prevent damage to the explosives.
(9) Load detonators and other explosives into the same vehicle only if the detonators are in containers that conform to the current version of the Institute of Makers of Explosives Safety Library Publication # 22 available from the Institute of Makers of Explosives, 1120 Nineteenth Street, N. W., Suite 310, Washington, DC 20036-3605.
(10) Not load explosives into the same vehicle with materials such as matches, firearms, electric storage batteries, corrosive compounds, flammable substances, acids, oxidizing agents and ammonium nitrate not in the original containers.
(11) Only load explosives into vehicles equipped with a fire extinguisher having a National Board of Underwriters Laboratories rating of 10 B:C or more. The fire extinguisher shall be easily accessible and ready for immediate use.
(12) Load explosives into a vehicle so that explosives containers are not exposed to sparks or hot gases from the exhaust tailpipe. Exhaust systems that discharge upwards are recommended to avoid possible exposure of sparks or hot gases to explosives.
(13) Only load explosives into vehicles that have passed the State safety inspection or certification.
Subchapter F. BLASTING ACTIVITIES § 211.151. Prevention of damage.
(a) Blasting may not damage real property except for real property under the control of the permittee. If damage occurs, the blaster-in-charge shall notify the Department within 4 hours of learning of the damage.
(b) Blasting may not cause flyrock. If flyrock occurs, the blaster-in-charge shall notify the Department within 4 hours of learning of the flyrock.
(c) 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 closest building or other structure designated by the Department. However, blasting activities authorized prior to July 14, 2001, may continue as authorized unless the authorization is modified, suspended or revoked by the Department. The scaled distance and maximum allowable peak particle velocity does not apply at a building or other structure owned or leased by the permittee or its customer.
Figure 1. 
(d) Blasts shall be designed and conducted to control airblast so that it does not exceed the noise levels specified in Table 1 at a building or other structure designated by the Department unless the building is owned or leased by the permittee or its customer.
Table 1
Lower frequency limits of measuring
System in Hz(+3dB)
Maximum allowable levels in dBL0.1 Hz or lower --
flat response*134 peak 2.0 Hz or lower --
flat response133 peak 6.0 Hz or lower --
flat response129 peak C - weighted --
slow response*105 peak
*only when approved by the Department(e) The Department may establish an alternative peak particle velocity or airblast level if it determines that an alternative standard is appropriate because of density of population, land use, age or type of structure, geology or hydrology of the area, frequency of blasts or other factors.
§ 211.152. Control of noxious gases.
A blast shall be conducted so that the gases generated by the blast do not affect the health and safety of individuals. Effects from gases may be prevented by taking measures such as venting the gases to the atmosphere, interrupting the path along which gases may flow, and evacuating people from areas that may contain gases.
§ 211.153. General requirements for handling explosives.
(a) Only a nonferrous, nonsparking tool shall be used to open containers of explosives.
(b) Matches, lighters and smoking are prohibited within 100 feet (30.48 meters) of the blast site and areas where explosives are used or stored.
(c) If it becomes necessary to destroy damaged or deteriorated explosives, the permittee shall immediately contact the manufacturer for technical advice and assistance.
(d) Detonators may not be forced into cartridges of explosive or cast boosters. Detonators shall be completely inserted into a hole in an explosive cartridge made with an approved powder punch or into the detonator well of a cast booster.
(e) Explosives may not be left unattended. They are to be stored in a licensed magazine or kept under the permittee's supervision and control.
(f) A loaded blast shall always be under the continuous observation of the blaster-in-charge or a designee.
(g) Shooting or carrying ammunition or firearms on a blast site and in areas where explosives are used or stored is prohibited, except for material needed to initiate the blast.
(h) If blasting activities are conducted in the vicinity of electric lines such as transmission lines or electrified railways, a test shall be made for presence of stray electric currents. Electric blasting caps may not be used if stray electric currents in excess of 50 milliamperes are present.
(i) A package of explosives may not be thrown, slid along floors or over other packages of explosives, or handled roughly.
(j) If an electrical storm approaches an area where there is an activity involving explosives, the area shall be cleared by the permittee or licensee, who shall post guards at all approaches to prevent trespass of unauthorized persons.
(k) Explosives and equipment that are obviously damaged or deteriorated may not be used.
(l) Explosives may not be abandoned.
§ 211.154. Preparing the blast.
(a) The blasting activity permittee shall designate a blaster-in-charge for each blast. The blaster-in-charge shall control and supervise the blasting activity. The blaster-in-charge is responsible for all effects of the blast.
(b) Only equipment necessary for loading blast holes may be allowed to operate within 50 feet (15.24 meters) of the blast site. The Department may establish, in writing, a different distance limitation.
(c) A blaster-in-charge may not prepare or detonate a blast unless another person is present, able and ready to render assistance in the event of accident or injury.
(d) The blaster-in-charge shall make every effort to determine the condition of the material to be blasted from the individual who drilled the blast holes or from the drill log.
(e) Only the blaster-in-charge, other blasters, and up to six assistants per blaster may be at a blast site once loading of blast holes begins.
(f) While loading a blast hole, the following measures shall be followed:
(1) Ferrous material may not be used in the blast hole unless the use is approved by the Department in writing. This includes the use of steel casings, ferrous tools and retrieving equipment.
(2) Only nonferrous, nonsparking tamping sticks may be used in loading a blast hole. Sectional poles connected by brass fittings are permitted, if only the nonferrous, nonsparking end of the pole is used for tamping. Retrieving hooks shall be made from nonsparking metal such as brass or bronze.
(3) When using a pneumatic loading device, every precaution shall be taken to prevent an accumulation of static electricity. A loading operation shall be stopped immediately if static electricity or stray electrical currents are detected. The condition shall be remedied before loading may be resumed.
(4) The blast hole shall be carefully checked for obstructions with a nonferrous, nonsparking tamping pole, a tape, a light or a mirror before it is loaded. The use of magnifying mirrors is prohibited. Explosives may not be forced past an obstruction in a blast hole.
(5) Each blast hole shall be logged throughout the leading process to measure the amount and location of explosives placed in the blast hole. The information is to be recorded on the blast report required by § 211.133 (relating to blast report).
(6) A blast hole containing loose dynamite shall be stemmed but not tamped.
(7) The Department may specify the type and amount of stemming.
(g) Before connecting one loaded blast hole to another, all activity within the blast area shall cease, and all nonessential persons shall retreat to a safe place. The blaster-in-charge shall determine the blast area.
(h) Primers shall be prepared only at the hole to be loaded, immediately prior to loading. The components of the primer are to be kept separated at the collar of the blast hole. The primer may not be slit, dropped, deformed or carelessly handled and may not be tamped or forced into the blast hole.
(i) Immediately upon completing the loading of a blast hole, any wood, paper or other materials used to pack explosives shall be inspected for the presence of explosives and removed to an isolated area. These materials may be burned after the blast has been fired. Persons may not be within 100 feet (30.48 meters) of these burning materials.
(j) Measures shall be taken to reduce the chance of flyrock including:
(1) The use of blasting mats or other protective devices, if, in the opinion of the blaster-in-charge, the measures are necessary to prevent injuries to persons or damage to property.
(2) When blasting to an open, vertical face, checking the face for loose, hanging material or other faults prior to loading the blast holes.
(k) Explosives may not be brought to a blast site in greater quantities than are expected to be needed for that blast. Surplus explosives may not be stored in the blast area.
(l) Before a blast hole is loaded, it shall be checked to ensure that it is cool and does not contain any hot metal or smoldering material remaining from drilling the hole.
(m) The use of abrasive or sharp-edged constituents in stemming material shall be avoided if tamping is necessary and the tamping may sever blasting cap leg wires, shock tubes or detonating cords.
(n) Blasting activities may not be conducted within 800 feet (243.84 meters) of a public roadway unless precautionary measures are taken to safeguard the public. Precautionary measures include stopping or slowing of traffic and posting signs.
§ 211.155. Preblast measures.
Prior to detonating a blast, the blaster-in-charge shall:
(1) Ensure that all excess explosives have been removed from the blast area and are located in a safe area.
(2) Inspect the blast site to ensure that connections are proper and adequate.
(3) Ensure that the blast area is cleared and safeguarded.
(4) In addition to the warning signal, notify all persons who may be in danger.
(5) Ensure that the necessary precautions are in place to protect the public on public roads.
(6) At least 1 minute but no more than 2 minutes prior to detonation, sound a warning signal of three blasts, each lasting approximately 5 seconds. The warning signal shall be of sufficient power to be heard 1,000 feet (304.80 meters) from the blast site.
§ 211.156. Detonating the blast.
(a) A blast may be detonated only between sunrise and sunset unless the Department authorizes a blast at another time of day.
(b) Only the blaster-in-charge may detonate a blast.
§ 211.157. Postblast measures.
(a) After a blast has been detonated, no one may return to the blast area until all smoke and fumes have dissipated.
(b) After the smoke and fumes have cleared, the blaster-in-charge shall return to the blast site and closely inspect the blast site to ensure that it is safe with respect to the blasting activity.
(c) After the blaster-in-charge has determined the blast area is safe, the blaster-in-charge shall sound an all-clear signal, consisting of one long blast, lasting approximately 10 seconds. This all-clear signal shall be of sufficient power to be heard 1,000 feet (304.80 meters) from the blast site.
(d) The blaster-in-charge shall determine if a misfire occurred and shall take all actions necessary to render the blast site safe. The blast site shall be made safe before drilling or muck removal begins.
(e) If the blaster-in-charge suspects that undetonated ammonium nitrate/fuel mixture remains in the muck pile, the muck pile shall be thoroughly wetted down with water before any digging is attempted. Special attention shall be given to determine if primers, other explosives or detonators are present in the muck pile.
(f) The blaster-in-charge shall immediately complete the blast report as required by § 211.133 (relating to blast report).
(g) The blaster-in-charge shall notify the Department within 24 hours of the occurrence of a misfire. A copy of the blast report shall be forwarded to the Department.
§ 211.158. Mudcapping.
Mudcapping in blasting activities is allowed only if the blaster-in-charge determines that drilling the material to be blasted would endanger the safety of the workers. If mudcapping is necessary, no more than 10 pounds (4.53 kilograms) of explosives shall be used for a blast.
§ 211.159. Electric detonation.
(a) Electric blasting caps shall be tested for continuity with a blaster's galvanometer or blaster's multimeter specifically designed for testing blasting circuits. Testing shall be done:
(1) Before the primers are made up.
(2) After the blast hole has been loaded but prior to stemming.
(3) As the final connecting of the circuit progresses.
(b) When a shunt is removed from electric blasting cap leg wires, the exposed wires shall be reshunted.
(c) Electric blasting caps may not be employed in a blast if there is any possibility of wires from the circuit being thrown against overhead or nearby electric lines.
(d) An effort may not be made to reclaim or reuse electric blasting caps if the leg wires have been broken off near the top of the cap.
(e) Leg wires on electric blasting caps shall extend above the top of the blast hole. Wire connections and splices are not allowed in the blast hole.
(f) Only solid wire shall be used in a blasting circuit. The use of stranded wire is prohibited.
(g) When electric detonation is used near public roads, signs shall be erected at least 500 feet (152.40 meters) from the blast areas reading: ''BLAST AREA - SHUT OFF ALL TWO-WAY RADIOS.''
(h) A blasting machine is the only permissible source of electrical power for a detonation.
(i) The blasting circuit shall remain shunted until the time for detonation unless the circuit is being tested or connections are being made.
(j) A sticker shall be displayed on blasting machines that shows they have been tested within the last 30 days by procedures recommended by the manufacturer or supplier to ensure performance at rated capacity. If blasting caps are used in the test, they shall be covered with earth or sand.
(k) When electronic detonation is used, the blaster-in-charge shall determine that adequate current, as specified by the manufacturer of the detonators, is available to properly energize the detonators in the circuit.
§ 211.160. Nonelectric detonation.
Nonelectric initiation systems shall be checked and tested for secure connections in accordance with recommendations of the manufacturer of the system in use.
§ 211.161. Detonating cords.
(a) Detonating cord shall be cut from the supply roll immediately after placement in the blast hole. A sufficient length of downlines shall be left at the top of the blast hole for connections to trunk lines. The supply roll shall be immediately removed from the site. Scrap pieces of detonating cord shall be destroyed after connections are made.
(b) A trunk line shall be covered with at least 12 inches (0.30 meter) of earth or sand, unless otherwise authorized by the Department.
(c) Detonating cord may not be spliced if the resulting splice will fall within a blast hole.
§ 211.162. Safety fuse.
(a) When safety fuse is used in blasting, it shall be long enough to provide a burn time of 120 seconds or longer.
(b) Prior to using safety fuse, the blaster-in-charge shall conduct a test burn. The test burn will utilize at least a 12-inch (0.30-meter) section of fuse which is lit, then timed to determine actual burn time.
(c) A blasting cap shall only be crimped to a safety fuse with a proper crimping tool. A blasting cap may not be attached to a safety fuse in or within 10 feet (3.05 meters) of a magazine.
Subchapter G. REQUIREMENTS FOR MONITORING § 211.171. General provisions for monitoring.
(a) If the scaled distance of a blast is 90 or numerically less at the closest building not owned or leased by the blasting activity permittee or its customer, ground vibration and airblast monitoring shall be conducted. The Department may require the permittee to conduct ground vibration and airblast monitoring at other buildings or structures even if the scaled distance is greater than 90.
(b) Blasting activities without monitoring may be considered in compliance with this chapter if at a specified location, on at least five blasts, monitoring has demonstrated that the maximum peak particle velocity at the specified location represents more than a 50% reduction from the limit in the permit and this chapter. Future blasts shall maintain a scaled distance equal to or greater than the scaled distance for the monitored blasts.
(c) If monitoring is required, a ground vibration and airblast record of each blast shall be made part of the blast report.
(d) If monitoring is performed with instruments that have variable ''trigger levels,'' the trigger for ground vibration shall be set at a particle velocity of no more than .25 inches per second unless otherwise directed by the Department.
(e) If the peak particle velocity and airblast from a blast are below the set trigger level of the instrument, a printout from the instrument shall be attached to the blast report. This printout shall provide the date and time when the instrument was turned on and off, the set trigger levels and information concerning the status of the instrument during the activation period. When an instrument is used that does not provide this information, the Department will allow the permittee to supply on/off times on a signed statement.
§ 211.172. Monitoring instruments.
If monitoring is required, the monitoring instrument shall provide a permanent record of each blast.
(1) A monitoring instrument for recording ground vibration, at a minimum, shall have:
(i) A frequency range of 2 Hz to 100 Hz.
(ii) Particle velocity range of .02 to 4.0 inches (5.08 x 10-4 to 0.10 meters) per second or greater.
(iii) An internal dynamic calibration system.
(2) A monitoring instrument used to record airblast shall have:
(i) A lower frequency limit of 0.1, 2.0 or 6.0 Hz.
(ii) An upper end flat-frequency response of at least 200 Hz.
(iii) A dynamic range that, at a minimum, extends from 106 to 142 dBL.
(3) A monitoring instrument shall be calibrated annually and when an instrument is repaired and the repair may effect the response of the instrument. Calibration shall be done by the manufacturer of the equipment, or by an organization approved by the manufacturer, or by an organization having verifiable knowledge of the calibration procedures developed by the manufacturer. The calibration procedure shall include testing the response of the entire system to externally-generated dynamic inputs. These inputs shall test the entire monitoring system at a sufficient number of discrete frequency intervals to assure flat response throughout the frequency ranges specified by this chapter. Dynamic reference standards used for calibration shall be traceable to the National Institute of Standards and Technology (NIST). Calibration procedures and documentation of calibration shall be made available for review by the Department.
(4) A nonalterable sticker that is clearly visible shall be firmly affixed to the instrument. The sticker shall indicate the name of the calibration facility, the calibration technician, the date of calibration and frequency range of the airblast monitor.
§ 211.173. Monitoring records.
(a) Anyone using a monitoring instrument shall be trained on the proper use of that instrument by a representative of the manufacturer or distributor, or other competent individual. A record of that training is to be maintained and available for review by the Department.
(b) Monitoring records, at a minimum, shall contain:
(1) A calibration pulse on each of the mutually-perpendicular ground vibration traces. These pulses shall represent the dynamic response of the entire recording system to an internally-generated calibration signal, and shall allow the Department to verify that the seismograph is recording ground vibration to its specific accuracy.
(2) The time history of particle velocities for three mutually perpendicular ground vibration traces and one air-overpressure trace, including time base, amplitude scales and peak values for all traces.
(3) The results of a field calibration test for each channel.
(4) The frequency content of all vibration signals using either single degree of freedom (SDF) response spectrum or half-cycle zero-crossing analysis methods.
(5) Frequency versus particle velocity plots as indicated in § 211.151(c), Figure 1 (relating to prevention of damage).
(6) The name and signature of the individual taking the recording.
(7) The location of the monitoring instrument, date and time of the recording.
(8) The last calibration date of the monitoring instrument.
(c) If the Department questions the validity of a ground vibration or airblast record, or the interpretation of the record, the Department may require a ground vibration or airblast recording to be analyzed or certified by an independent, qualified consultant who is not related to the blasting activity permittee or its customer. When the Department requires that a recording be analyzed or certified, it shall be performed and included with the blast report within 30 days.
Subchapter H. BLASTING ACTIVITIES NEAR UTILITY LINES § 211.181. Scope.
This subchapter applies to buried or underground utility lines and utility lines making contact with the surface of the ground.
§ 211.182. General provisions.
(a) Blasts shall be designed and conducted so that they provide the greatest relief possible in a direction away from the utility line and to keep the resulting vibration and actual ground movement to the lowest possible level.
(b) Blasting shall use a type of explosive specifically designed to minimize the likelihood of propagation between explosive charges.
(c) When blasting within 200 feet (60.96 meters) of a utility line, blast holes may not exceed 3 inches (7.62 x 10-2 meters) in diameter.
(d) Blasting in the vicinity of a utility line shall be conducted as follows:
(1) Excavation from the ground surface to a depth corresponding to the elevation of the top of the buried utility line may proceed at the discretion of the blaster-in-charge, using safe, accepted techniques.
(2) Once the excavation has attained a depth equal to the elevation of the top of the buried utility line or if the line is exposed, or makes solid contact with the surface, the vertical depth of subsequent blast holes shall be restricted to one half the horizontal distance from the closest portion of the utility line.
(e) If one or more of the requirements listed in this section are not feasible or creates a potential safety problem, the permittee may apply to the Department for a waiver of the provision or provisions in question. This waiver will be granted if, in the judgment of the Department and the utility owning the lines, the alternate procedure does not endanger the utility line.
[Pa.B. Doc. No. 01-1271. Filed for public inspection July 13, 2001, 9:00 a.m.]
