30 C.F.R. § 33.33
Allowable limits of dust concentration
(a) The concentration of dust determined by the control sample shall be subtracted from the average concentration of dust determined by the test samples collected at each drill operator's position, and the difference shall be designated as the net concentration of airborne dust. Calculations of the average concentration of dust determined from the test samples shall be based upon the results of not less than 80 percent of each set of test samples.
(b) Under each prescribed test condition, the net concentration of airborne dust at each drill operator's position shall not exceed 10 million particles (5 microns or less in diameter) per cubic foot of air when determined in accordance with the method given in § 33.32(a).
Notes of Decisions
Cited in 2
cases, 1982–2006 · leading case: United Mine Workers of Am. v. Miller, 291 S.E.2d 673 (W. Va. 1982).
United Mine Workers of Am. v. Miller, 291 S.E.2d 673 (W. Va. 1982). “4 (1981); see also 30 C.F.R. § 33.33 (1981). Thus the Director has a duty to require operators to control dust at its source within these allowable limits.”
Davis v. Eagle Coal & Dock Co., 640 S.E.2d 81 (W. Va. 2006). “Concerning what constitutes objectionable or harmful concentrations of dust, 30 C.F.R. § 33.33 (b) provides that "[u]nder each prescribed test condition, the net concentration of airborne dust at each drill operator’s position shall not exceed 10 million particles (5 microns or…”
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