N.M. Admin. Code § 19.8.36.31

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.36.31 - GENERAL PERFORMANCE STANDARDS: USE OF EXPLOSIVES (715.19)

A. General.

(1) The permittee shall comply with all applicable local, state and federal laws and regulations and the requirements of this section in the storage, handling, preparation and use of explosives.

(2) Blasting operations that use more than the equivalent of 5 pounds of TNT shall be conducted according to a time schedule approved by the regulatory authority.

(3) All blasting operations shall be conducted by experienced, trained and competent persons who understand the hazards involved. Persons working with explosive materials shall:

(a) Have demonstrated a knowledge of, and a willingness to comply with safety and security requirements;

(b) Be capable of using mature judgement in all situations;

(c) Be in good physical condition and not addicted to intoxicants, narcotics or other similar types of drugs;

(d) Possess current knowledge of the local, state and federal laws and regulations applicable to his work; and

(e) Have obtained a certificate of completion of training and qualification as required by state law or the regulatory authority.

B. Preblasting survey.

(1) On the request to the regulatory authority of a resident or owner of a manmade dwelling or structure that is located within one-half mile of any part of the permit area, the permittee shall conduct a preblasting survey of the dwelling or structure and submit a report of the survey to the regulatory authority.

(2) Personnel approved by the regulatory authority shall conduct the survey to determine the condition of the dwelling or structure and to document any preblasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipes, cables, transmission lines and wells and other water systems shall be limited to surface condition and other readily available data. Special attention shall be given to the preblasting condition of wells and other water systems used for human, animal or agricultural purposes and to the quantity and quality of the water.

(3) A written report of the survey shall be prepared and signed by the person or persons who conducted the survey and prepared the written report. The report shall include recommendations of any special conditions or proposed adjustments to the blasting procedures outlined in Paragraph (e) [now Subsection E of 19.8.36.31 NMAC] of this Section which should be incorporated into the the blasting plan to prevent damage. Copies of the report shall be provided to the person requesting the survey and to the regulatory authority.

C. Public notice of blasting schedule. At least 10 days, but not more than 20 days before beginning a blasting program in which explosives that use more than the equivalent of 5 pounds of TNT are detonated, the permittee shall publish a blasting schedule in a newspaper of general circulation in the locality of the proposed site. Copies of the schedule shall be distributed by mail to local governments and public utilities and to each residence within one-half mile of the blasting sites described in the schedule. The permittee shall republish and redistribute the schedule by mail at least every 3 months. Blasting schedules shall not be so general as to cover all working hours but shall identify as accurately as possible the location of the blasting site and the time periods when blasting will occur. The blasting schedule shall contain at a minimum:

(1) Identification of the specific areas in which blasting will take place. The specific blasting areas described shall not be larger than 300 acres with a generally contiguous border;

(2) Dates and times when explosives are to be detonated expressed in not more than 4-hour increments;

(3) Methods to be used to control access to the blasting area;

(4) Types of audible warnings and all-clear signals to be used before and after blasting; and

(5) A description of possible emergency situations (defined in Paragraph (e)(1)(ii) of this Section) [now Subparagraph b of Paragraph 1 of Subsection E of 19.8.36.31 NMAC], which have been approved by the regulatory authority, when it may be necessary to blast at times other than those described in the schedule.

D. Public notice of changes to blasting schedules. Before blasting in areas not covered by a previous schedule or whenever the proposed frequency of individual detonations are materially changed, the permittee shall prepare a revised blasting schedule in accordance with the procedures in Paragraph (c) [now Subsection C of 19.8.36.31 NMAC] of this Section. If the change involves only a temporary adjustment of the frequency of blasts, the permittee may use alternate methods to notify the governmental bodies and individuals to whom the original schedule was sent.

E. Blasting procedures.

(1) General.

(a) All blasting shall be conducted only during the daytime hours, defined as sunrise until sunset. Based on public requests or other considerations, including the proximity to residential areas, the regulatory authority may specify more restrictive time periods.

(b) Blasting may not be conducted at times different from those announced in the blasting schedule except in emergency situations where rain, lightning, other atmospheric conditions or operator or public safety requires unscheduled detonation.

(c) Warning and all-clear signals of different character that are audible within a range of one-half mile from the point of the blast shall be given. All persons within the permit area shall be notified of the meaning of the signals through appropriate instructions and signs posted as required by Section 715.12.

(d) Access to the blasting area shall be regulated to protect the public and livestock from the effects of blasting. Access to the blasting area shall be controlled to prevent unauthorized entry at least 10 minutes before each blast and until the permittee's authorized representative has determined that no unusual circumstances such as imminent slides or undetonated charges exist and access to and travel in or through the area can safely resume.

(e) Areas in which charged holes are awaiting firing shall be guarded, barricaded and posted, or flagged against unauthorized entry.

(f) Airblast shall be controlled such that it does not exceed 128 decibel linear-peak at any manmade dwelling or structure located within one-half mile of the permit area.

(g) Except where lesser distances are approved by the regulatory authority (based upon a preblasting survey or other appropriate investigations) blasting shall not be conducted within:

(i) 1,000 feet of any building used as a dwelling, school, church, hospital or nursing facility;

(ii) 500 feet of facilities including, but not limited to, disposal wells, petroleum or gas-storage facilities, municipal water-storage facilities, fluid-transmission pipelines, gas or oil collection lines or water and sewage lines; and

(iii) 500 feet of an underground mine not totally abandoned except with the concurrence of the mining enforcement and safety administration.

(2) Blasting standards.

(a) Blasting shall be conducted to prevent injury to persons, damage to public or private property, outside the permit area, adverse impacts on any underground mine and change in the course, channel or availability of ground or surface waters outside the permit area.

(b) In all blasting operations, except as otherwise stated, the maximum peak particle velocity of the ground motion in any direction shall not exceed 1 inch per second at the immediate location of any dwelling, public building, school, church or commercial or institutional building. The regulatory authority may reduce the maximum peak particle velocity allowed if it determines that a lower standard is required because of density of population or land use, age or type of structure, geology or hydrology of the area, frequency of blasts or other factors.

(c) The maximum peak particle velocity of ground motion does not apply to property inside the permit area that is owned or leased by the permittee.

(d) An equation for determining the maximum weight of explosives that can be detonated within any 8 millisecond period is given in Paragraph (v) [now Subparagraph e of Paragraph 2 of Subsection E of 19.8.36.31 NMAC]. If the blasting is conducted in accordance with this equation, the regulatory authority will consider the vibrations to be within the 1 inch per second limit.

(e) The maximum weight of explosives to be detonated within any 8 millisecond period shall be determined by the formula

W = (D/60)²

where W=the maximum weight of explosives, in pounds, that can be detonated in any 8 millisecond period, and D=the distance, in feet, to the nearest dwelling, school, church or commercial or institutional building.

For distances between 350 and 5,000 feet, solution of the equation results in the following maximum weight:

Distance, in feet (D): Maximum weight, in pounds (W):

350----------------------------------------------------------------34

400----------------------------------------------------------------44

500----------------------------------------------------------------69

600--------------------------------------------------------------100

700--------------------------------------------------------------136

800--------------------------------------------------------------178

900--------------------------------------------------------------225

1,000------------------------------------------------------------278

1,100------------------------------------------------------------336

1,200------------------------------------------------------------400

1,300------------------------------------------------------------469

1,400------------------------------------------------------------544

1,500------------------------------------------------------------625

1,600------------------------------------------------------------711

1,700------------------------------------------------------------803

1,800------------------------------------------------------------900

1,900----------------------------------------------------------1,002

2,000----------------------------------------------------------1,111

2,500----------------------------------------------------------1,736

3,000----------------------------------------------------------2,500

3,500----------------------------------------------------------3,402

4,000----------------------------------------------------------4,444

4,500----------------------------------------------------------5,625

5,000----------------------------------------------------------6,944

(f) If on a particular site the peak particle velocity continously exceeds one-half inch per second after a period of 1 second following the maximum ground particle velocity, the regulatory authority shall require the blasting procedures to be revised to limit the ground motion.

(3) Seismograph measurements.

(a) where a seismograph is used to monitor the velocity of ground motion and the peak particle velocity limit of 1 inch per second is not exceeded, the equation in Paragraph (v) [now Subparagraph e of Paragraph 2 of Subsection E of 19.8.36.31 NMAC] need not be used. However, if the equation is not being used, a seismograph record shall be obtained for every shot.

(b) The use of a modified equation to determine maximum weight of explosives for blasting operations at a particular site may be approved by the regulatory authority on receipt of a petition accompanied by reports including seismograph records of test blasting on the site. However, in no case shall the regulatory authority approve the use of a modified equation where the peak particle velocity limit of 1 inch per second required in Paragraph (e)(2)(ii) [now Subparagraph b of Paragraph 2 of Subsection E of 19.8.36.31 NMAC] of this Section would be exceeded.

(c) The regulatory authority may require a seismograph recording of any or all blasts.

(4) Records of blasting operations. A record of each blast, including seismograph reports, shall be retained for at least 3 years and shall be available for inspection by the regulatory authority and the public on request. The record shall contain the following data:

(a) Name of permittee, operator or other person conducting the blast;

(b) Location, date and time of blast;

(c) Name, signature and license number of blaster-in charge;

(d) Direction and distance, in feet, to nearest dwelling, school, church or commercial or institutional building neither owned or leased by the permittee;

(e) Weather conditions;

(f) Type of material blasted;

(g) Number of holes, burden and spacing;

(h) Diameter and depth of holes;

(i) Types of explosives used;

(j) Total weight of explosives used;

(k) Maximum weight of explosives detonated within any 8 millisecond period;

(l) Maximum number of holes detonated within any 8 millisecond period;

(m) Methods of firing and type of circuit;

(n) Type and length of stemming;

(o) If mats or other protections were used;

(p) Type of delay detonator used and delay periods used;

(q) Seismograph records, where required, including:

(i) Seismograph reading, including exact location of seismograph and its distance from the blast;

(ii) Name of person taking the seismograph reading; and

(iii) Name of person and firm analyzing the seismograph record.

N.M. Admin. Code § 19.8.36.31

Recompiled 6/4/02