September 17, 2010
MSHA: Dust rules violated at UBB Mine
Mine owner Massey calls agency's data 'unproven or faulty'
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| MSHA officials said they are looking into what role the opening and closing of air-lock doors in the Upper Big Branch tunnels might have played in changing the flow of fresh air underground.

| Investigators are still looking into potential connections between the April 5 explosion and cracks discovered in the Upper Big Branch Mine floor. MSHA officials told family members that they have not been able to find any evidence that ventilation changes were made to control potential methane outbursts from the mine floor similar to those that occurred in 2003 and 2004.

With their release of the coal-dust data from Upper Big Branch, MSHA made public one of its most significant clues as to what might have sent the massive explosion rocketing through the Raleigh County mine, causing major damage across a 2 1/2-mile area underground.

Methane and coal dust are explosive and are created during the process of mining coal underground, but methane ignitions often can be smaller and less damaging, whereas a coal-dust explosion can rip through huge swaths of underground workings in an instant.

Under federal law, mine operators must spread crushed limestone, called "rock dust" across walls and other surfaces in underground tunnels to keep coal dust from igniting. The law requires operators to regularly "rock dust" to maintain the level of "incombustible" dust underground at a safe level.

Investigators at Upper Big Branch gathered dust samples from areas throughout the underground mine, and have analyzed those to determine if they comply with federal standards -- 65 percent in general, but 85 percent in "return" tunnels where dirty air is more likely to be present.

During Friday's media briefing, Stricklin said the samples taken weeks after the explosion at Upper Big Branch likely would overstate the compliance rate in Massey's favor.

As the explosion tore through mine tunnels, Stricklin said, it would burn up some of the combustible materials in mine dust, making the incombustible rock dust that was left appear to be a higher percentage of the total material present prior to the blast.

That was among the arguments MSHA made when it lost a lawsuit over the September 2001 explosion that killed 13 workers at the Jim Walter Resources No. 5 Mine in Brookwood, Ala.

In that case, Jim Walter appealed a citation in which MSHA blamed the explosion, in part, on the company's failure to properly rock-dust the No. 5 Mine. MSHA had based the citation on rock-dust samples taken after the explosion.

However, an administrative law judge with the Federal Mine Safety and Health Review Commission ruled that the post-explosion samples did not accurately reflect conditions in the mine prior to the blast. In a November 2005 ruling, Judge David F. Barbour ruled that the forces of the explosion probably had churned up more coal dust and blown rock dust around inside the mine. Barbour also noted that the No. 5 Mine had been flooded after the explosion to extinguish underground fires, and that the flooding probably had washed away some rock dust. Barbour also was unconvinced by additional testing of the coke content of the samples, which MSHA had argued helped show the rock-dusting samples were accurate.

This week, MSHA officials did not respond to questions about what changes they had made in their rock-dust sampling procedures since the Jim Walter case.

Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.

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