N.Y. Comp. Codes R. & Regs. tit. 12 § 39.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 39.10 - General provisions for the possession, handling, storage and transportation of blasting agents

All of the provisions of this Part (rule) relating to the possession, handling, storage and transportation of explosives shall also apply to blasting agents with the following exceptions:

(a) Separation distances of blasting agents and ammonium nitrate from explosives or other blasting agents are given in Table 3 of this Part (rule). Table 3 applies only to the separation of stores. Table 1 shall be used in determining separation distances from inhabited buildings, public highways and passenger railways. Separation distances to prevent the explosion of ammonium nitrate and ammonium nitrate-based blasting agents are referred to in Table 3 of this Part (rule) as the donor. Ammonium nitrate, by itself, is not considered to be a donor when applying this table. Ammonium nitrate, ammonium nitrate fuel oil, or combinations thereof, are acceptors. If stores of ammonium nitrate are located within the sympathetic detonation distance of explosives or blasting agents, one half of the mass of the ammonium nitrate shall be included in the mass of the donor.

(b) When the ammonium nitrate and/or blasting agents are not barricaded, the distances shown in Table 3 of this Part (rule) shall be multiplied by six. Such distances allow for the possibility of high-velocity metal fragments from mixers, hoppers, truck bodies, sheet metal structures, metal containers and similar materials which may enclose the donor. Where storage is in bullet-resistant magazines recommended for explosives or where the storage is protected by a bullet-resistant wall, distances in excess of those listed in Table 1 of this Part (rule) are not required.

(c) The distances in Table 3 of this Part (rule) apply to ammonium nitrate that passes the insensitivity test prescribed in the definition of ammonium nitrate fertilizer promulgated by the National Plant Food Institute. Ammonium nitrate which fails to pass such insensitivity test shall be stored at separation distances determined by the licensee and such distances shall be acceptable to the commissioner.

(d) The separation distances listed in Table 3 of this Part (rule) also apply to nitro-carbo-nitrates and blasting agents which pass the insensitivity test prescribed in the United States Department of Transportation (DOT) regulations.

(e) Earth, sand dikes or enclosures filled with the prescribed minimum thickness of earth or sand are acceptable artificial barricades. Natural barricades, such as hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the "donor" when the trees are bare of leaves, are also acceptable.

(f) When the ammonium nitrate must be counted in order to determine the separation distances from inhabited buildings, public highways and passenger railways, it may be counted at one half of its actual weight.

(g) Pneumatic loading equipment when handling sensitized ammonium nitrate blasting agents shall not be grounded to water lines, air lines, rails or permanent electrical grounding systems.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 39.10