30 C.F.R. § 75.322

Harmful quantities of noxious gases

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Concentrations of noxious or poisonous gases, other than carbon dioxide, shall not exceed the threshold limit values (TLV) as specified and applied by the American Conference of Governmental Industrial Hygienists in “Threshold Limit Values for Substance in Workroom Air” (1972). Detectors or laboratory analysis of mine air samples shall be used to determine the concentrations of harmful, noxious, or poisonous gases. This incorporation by reference has been approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are available from MSHA's Office of Standards, Regulations, and Variances, 200 Constitution Avenue NW, Washington, DC 20210; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. The material is available for examination at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[80 FR 52991, Sept. 2, 2015; 91 FR 9448, Feb. 26, 2026]

Notes of Decisions

Cited in 2 cases, 1997–1999 · leading case: In Re United Mine Workers of Am. Int'l Union, 190 F.3d 545 (D.C. Cir. 1999).

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In Re United Mine Workers of Am. Int'l Union, 190 F.3d 545 (D.C. Cir. 1999). · cites it 2× “30 C.F.R. § 75.322 (1998). Concentrations in excess of permissible exposure limits (PELs) set by the agency are forbidden.”

Nat'l Mining Ass'n v. Mine Saf. & Health Admin., 116 F.3d 520 (D.C. Cir. 1997). “Citing 30 C.F.R. § 75.322 , NMA asserts that the existing air quality standard prior to adoption of the challenged rule required an oxygen level of 18 percent.”

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