###### Editorial Note on [Part 816](/current/title-30/part-816?toc=1)

#### Editorial Note:

At [82 FR 54979](https://www.federalregister.gov/citation/82-FR-54979), Nov. 17, 2017, as required by the Congressional Review Act and [Public Law 115-5](https://www.govinfo.gov/link/plaw/115/public/5), the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 816 made effective on Jan. 19, 2017, at [81 FR 93392](https://www.federalregister.gov/citation/81-FR-93392), Dec. 20, 2016.

#### § 816.67 Use of explosives: Control of adverse effects.

(a) *General requirements.* 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 surface or ground water outside the permit area.

(b) *Airblast* —

(1) *Limits.*

(i) Airblast shall not exceed the maximum limits listed below at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area, except as provided in [paragraph (e)](/on/2024-09-16/title-30/section-816.67#p-816.67(e)) of this section.

| Lower frequency limit of measuring system, in Hz (±3 dB) | Maximum level, in dB |
| --- | --- |
| 0.1 Hz or lower—flat response1 | 134 peak. |
| 2 Hz or lower—flat response | 133 peak. |
| 6 Hz or lower—flat response | 129 peak. |
| C-weighted—slow response1 | 105 peak dBC. |
| | |
| --- | --- |
| 1 Only when approved by the regulatory authority. | |

(ii) If necessary to prevent damage, the regulatory authority shall specify lower maximum allowable airblast levels than those of [paragraph (b)(1)(i)](/on/2024-09-16/title-30/section-816.67#p-816.67(b)(1)(i)) of this section for use in the vicinity of a specific blasting operation.

(2) *Monitoring.*

(i) The operator shall conduct periodic monitoring to ensure compliance with the airblast standards. The regulatory authority may require airblast measurement of any or all blasts and may specify the locations at which such measurements are taken.

(ii) The measuring systems shall have an upper-end flat-frequency response of at least 200 Hz.

(c) *Flyrock.* Flyrock travelling in the air or along the ground shall not be cast from the blasting site—

(1) More than one-half the distance to the nearest dwelling or other occupied structure;

(2) Beyond the area of control required under [§ 816.66(c)](/on/2024-09-16/title-30/section-816.66#p-816.66(c)); or

(3) Beyond the permit boundary.

(d) *Ground vibration* —

(1) *General.* In all blasting operations, except as otherwise authorized in [paragraph (e)](/on/2024-09-16/title-30/section-816.67#p-816.67(e)) of this section, the maximum ground vibration shall not exceed the values approved in the blasting plan required under [§ 780.13 of this chapter](/on/2024-09-16/title-30/section-780.13). The maximum ground vibration for protected structures listed in [paragraph (d)(2)(i)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)(2)(i)) of this section shall be established in accordance with either the maximum peak-particle-velocity limits of paragraph (d)(2), the scaled-distance equation of paragraph (d)(3), the blasting-level chart of [paragraph (d)(4)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)(4)) of this section, or by the regulatory authority under [paragraph (d)(5)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)(5)) of this section. All structures in the vicinity of the blasting area, not listed in [paragraph (d)(2)(i)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)(2)(i)) of this section, such as water towers, pipelines and other utilities, tunnels, dams, impoundments, and underground mines, shall be protected from damage by establishment of a maximum allowable limit on the ground vibration, submitted by the operator in the blasting plan and approved by the regulatory authority.

(2) *Maximum peak particle velocity.*

(i) The maximum ground vibration shall not exceed the following limits at the location of any dwelling, public building, school, church, or community or institutional building outside the permit area:

| Distance (*D*), from the blasting site, in feet | Maximum allowable peak particle velocity (*V* max) for ground vibration, in inches/second1 | Scaled-distance factor to be applied without seismic monitoring2 (*Ds*) |
| --- | --- | --- |
| 0 to 300 | 1.25 | 50 |
| 301 to 5,000 | 1.00 | 55 |
| 5,001 and beyond | 0.75 | 65 |
| | | |
| --- | --- | --- |
| 1 Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements. | | |
| 2 Applicable to the scaled-distance equation of [paragraph (d)(3)(i)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)(3)(i)) of this section. | | |

(ii) A seismographic record shall be provided for each blast.

(3) *Scale-distance equation.*

(i) An operator may use the scaled-distance equation, *W* = (*D/Ds*)2, to determine the allowable charge weight of explosives to be detonated in any 8-millisecond period, without seismic monitoring; where *W* = the maximum weight of explosives, in pounds; *D* = the distance, in feet, from the blasting site to the nearest protected structure; and *Ds* = the scaled-distance factor, which may initially be approved by the regulatory authority using the values for scaled-distance factor listed in [paragraph (d)(2)(i)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)(2)(i)) of this section.

(ii) The development of a modified scaled-distance factor may be authorized by the regulatory authority on receipt of a written request by the operator, supported by seismographic records of blasting at the minesite. The modified scale-distance factor shall be determined such that the particle velocity of the predicted ground vibration will not exceed the prescribed maximum allowable peak particle velocity of [paragraph (d)(2)(i)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)(2)(i)) of this section, at a 95-percent confidence level.

(4) *Blasting-level chart.*

(i) An operator may use the ground-vibration limits in Figure 1 to determine the maximum allowable ground vibration.

[![](https://img.federalregister.gov/ER17NO17.018/ER17NO17.018_large.png)](https://img.federalregister.gov/ER17NO17.018/ER17NO17.018_original_size.png)

(ii) If the Figure 1 limits are used, a seismographic record including both particle velocity and vibration-frequency levels shall be provided for each blast. The method for the analysis of the predominant frequency contained in the blasting records shall be approved by the regulatory authority before application of this alternative blasting criterion.

(5) The maximum allowable ground vibration shall be reduced by the regulatory authority beyond the limits otherwise provided by this section, if determined necessary to provide damage protection.

(6) The regulatory authority may require an operator to conduct seismic monitoring of any or all blasts or may specify the location at which the measurements are taken and the degree of detail necessary in the measurement.

(e) The maximum airblast and ground-vibration standards of [paragraphs (b)](/on/2024-09-16/title-30/section-816.67#p-816.67(b)) and [(d)](/on/2024-09-16/title-30/section-816.67#p-816.67(d)) of this section shall not apply at the following locations:

(1) At structures owned by the permittee and not leased to another person.

(2) At structures owned by the permittee and leased to another person, if a written waiver by the lessee is submitted to the regulatory authority before blasting.

[[48 FR 9807](https://www.federalregister.gov/citation/48-FR-9807), Mar. 8, 1983, as amended at [48 FR 44780](https://www.federalregister.gov/citation/48-FR-44780), Sept. 30, 1983; [81 FR 93392](https://www.federalregister.gov/citation/81-FR-93392), Dec. 20, 2016; [82 FR 54979](https://www.federalregister.gov/citation/82-FR-54979), Nov. 17, 2017]