C.F.R. » Title 30 » CHAPTER I—MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › SUBCHAPTER O—COAL MINE SAFETY AND HEALTH › PART 70—MANDATORY HEALTH STANDARDS—UNDERGROUND COAL MINES › Subpart B—Dust Standards

30 C.F.R. § 70.100

Respirable dust standards

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(a) Each operator shall continuously maintain the average concentration of respirable dust in the mine atmosphere during each shift to which each miner in the active workings of each mine is exposed, as measured with an approved sampling device and expressed in terms of an equivalent concentration, at or below:

(1) 2.0 milligrams of respirable dust per cubic meter of air (mg/m 3).

(2) 1.5 mg/m 3 as of August 1, 2016.

(b) Each operator shall continuously maintain the average concentration of respirable dust within 200 feet outby the working faces of each section in the intake airways as measured with an approved sampling device and expressed in terms of an equivalent concentration at or below:

(1) 1.0 mg/m 3.

(2) 0.5 mg/m 3 as of August 1, 2016.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1978–2021 · leading case: Sec'y of Labor, Mine Saf. & Health Admin. v. Excel Mining, LLC, 334 F.3d 1 (D.C. Cir. 2003).
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Sec'y of Labor, Mine Saf. & Health Admin. v. Excel Mining, LLC, 334 F.3d 1 (D.C. Cir. 2003). · cites it 3× “The current mandatory health standard for respirable coal dust in underground mines, adopted by the Secretary of Labor in 1980 and codified at 30 C.F.R. § 70.100 (a), tracks this statutory language.”
Consolidation Coal Co. v. Fed. Mine Saf. & Health Review Comm'n, Coal Emp. Proj., United Mine Workers of Am., Intervenors, 824 F.2d 1071 (D.C. Cir. 1987). · cites it 5× “The citation alleged that Consol had violated 30 C.F.R. § 70.100 , which sets forth respirable dust standards for coal mines, and that the violation was “of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or…”
Nat'l Mining Ass'n v. Sec'y, U.S. Dep't of Labor, 812 F.3d 843 (11th Cir. 2016). · cites it 2× “30 C.F.R. §§ 70.100 (b), 90.100. The rule also changes the method of calculating the lower RCD values applicable to any mining operation where respirable quartz dust (also called respirable silica dust) is present, although it maintains current absolute limits of 0.”
Int'l Union, United Mine Workers v. Mine Saf. & Health Admin., 407 F.3d 1250 (D.C. Cir. 2005). “at 17,494, 17,496-97 (citing 30 C.F.R. §§ 70.100 (b), 75.380(g), 75.333, 75.”
Energy West Mining Co. v. Fed. Mine Saf. & Health Review Comm'n & Sec'y of Labor, 111 F.3d 900 (D.C. Cir. 1997). · cites it 3× “§ 814 (b), for failure to abate a previously cited violation of 30 C.F.R. § 70.100 (a). Secretary of Labor v.”
Nat'l Mining Ass'n v. Sec'y of Labor, 589 F.3d 1368 (11th Cir. 2009). · cites it 2× “See 30 C.F.R. 70.100. MSHA regulations require mine operators to conform operations to certain standards, such as “maintaining] the average concentration of respirable dust in the mine atmosphere .”
United Mine Workers of Am. v. Cecil D. Andrus, Sec'y of the Interior, Carbon Fuel Co., Intervenor, 581 F.2d 888 (D.C. Cir. 1978). “Our suit, however, involves administrative review functions transferred to the Federal Mine Safety and 'Health Review Commission, supra, and we accordingly deny the joint motion of the Secretary of the Interior and the Secretary of Labor to add the Secretary of Labor as a…”
Howard Mullins & United Mine Workers of Am. v. Cecil D. Andrus, Sec'y of the Interior, Consolidation Coal Co., Intervenor, 664 F.2d 297 (D.C. Cir. 1980). “See 30 C.F.R. §§ 70.100 et seq. (1979). . “The provisions of sections 202 through 206 of this title and the applicable provisions of section 318 of title III shall be interim mandatory health standards applicable to all underground coal mines until superseded in whole or in part…”
In Re Howard, 570 F.3d 752 (6th Cir. 2009). “30 C.F.R. § 70.100 (a). That PEL was 2.0 mg/m3, the standard that the Mine Act required be adopted within three years of the Act’s passage.”
Sec'y Labor v. Rothermel, 327 F.3d 223 (3rd Cir. 2003). “30 C.F.R. §§ 70.100 , 72.620, 75.362(a)(2).”
Charley Barber v. Arch Ins. Co (6th Cir. 2021). · cites it 2× “, 30 C.F.R. §§ 70.100 , 70.201–212. If a mine is too dusty or the coal company fails to follow the MSHA’s regulations, the agency can halt production and assess fines.”
Scott Howard v. Hilda Solis (6th Cir. 2009). “30 C.F.R. § 70.100 (a). That PEL was 2.0 mg/m3, the standard that the Mine Act required be adopted within three years of the Act’s passage.”
— 30 C.F.R. § 70.100(b) — 1 case
Nat'l Mining Ass'n v. Sec'y of Labor, 589 F.3d 1368 (11th Cir. 2009). “See 30 C.F.R. 70.100. MSHA regulations require mine operators to conform operations to certain standards, such as “maintaining] the average concentration of respirable dust in the mine atmosphere .”
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