30 U.S.C. § 864

Combustible materials and rock dusting

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(a) Accumulations; maintenance

Coal dust, including float coal dust deposited on rock-dusted surfaces, loose coal, and other combustible materials, shall be cleaned up and not be permitted to accumulate in active workings, or on electric equipment therein.

(b) Abatement of hazards in active working areas

Where underground mining operations in active workings create or raise excessive amounts of dust, water or water with a wetting agent added to it, or other no less effective methods approved by the Secretary or his authorized representative, shall be used to abate such dust. In working places, particularly in distances less than forty feet from the face, water, with or without a wetting agent, or other no less effective methods approved by the Secretary or his authorized representative, shall be applied to coal dust on the ribs, roof, and floor to reduce dispersibility and to minimize the explosion hazard.

All underground areas of a coal mine, except those areas in which the dust is too wet or too high in incombustible content to propagate an explosion, shall be rock dusted to within forty feet of all working faces, unless such areas are inaccessible or unsafe to enter or unless the Secretary or his authorized representative permits an exception upon his finding that such exception will not pose a hazard to the miners. All crosscuts that are less than forty feet from a working face shall also be rock dusted.

(d) Distribution of rock dust; places, quantities

Where rock dust is required to be applied, it shall be distributed upon the top, floor, and sides of all underground areas of a coal mine and maintained in such quantities that the incombustible content of the combined coal dust, rock dust, and other dust shall be not less than 65 per centum, but the incombustible content in the return aircourses shall be no less than 80 per centum. Where methane is present in any ventilating current, the per centum of incombustible content of such combined dusts shall be increased 1.0 and 0.4 per centum for each 0.1 per centum of methane where 65 and 80 per centum, respectively, of incombustibles are required.

(e) Limitation of applicability

Subsections (b) through (d) of this section shall not apply to underground anthracite mines.

(Pub. L. 91–173, title III, § 304, Dec. 30, 1969, 83 Stat. 774.)Statutory Notes and Related SubsidiariesEffective Date

Section operative 90 days after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.

Notes of Decisions

Cited in 4 cases, 1974–2012 · leading case: United States v. Consolidated Coal Co.

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United States v. Consolidated Coal Co. (1976) ohsd · cites it 2× “Those safety standards providing specific authorization are set forth at 30 U.S.C. §§ 864 (b), 873(c), 877(c) and 877(n).”

Black Beauty Coal Co. v. Federal Mine Safety & Health Review Commission (2012) cadc “Old Ben interpreted 30 U.S.C. § 864 (a), a provision almost identical to 30 C.”

A. T. Collins v. United States (1980) ca6 · cites it 3× “Particularly important to this litigation are the safety standards relating to combustible materials and “rock dusting”, 30 U.S.C. § 864 (d), and “permissible explosives” and “shot firing units”, 30 U.”

United States v. Finley Coal Company, a Partnership and Charles Finley, an Individual (1974) ca6 “Count 7 charged willful violations of 30 U.S.C. § 864 (a) and the regulations codified at 30 C.”

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