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Health, Safety, Environment Mining University Leoben

Thomas Spörker
working paper October 2018

part 1

1. Borehole Mining Standards - overview


1.1 Systematics of the Legal System
 legislative framework for the Austrian borehole mining activities
 hierarchy of Austrian established law

1.2 Federal Law Regulations

ordinary law of the state


 mining act
 health and safety at work act
 boiler law, electrical engineering act
 explosives act, electromagnetic radiation protection act
 water law, forest law, waste management act
 environmental impact assessment, environmental information act

regulations (order, ordinance)


 Borehole Mining order – BB-V
 ordinance concerning safety distances
 ordinance concerning persons in charge
 ordinance concerning drilling operations
 ordinance concerning explosive atmospheres, work equipment, workplace

individual administrative acts

direct and indirect federal administration

ordinary law of the nine provinces


 acts – regulations
o building codes, federal spatial planning act
o fire service law, disaster assistance act
o alarm system regulations

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1.3 Technical Standards

international standards
 ISO - International Organization for Standardization, Geneva
 publishing of an ISO standard
 ISO - API

regional standards
 CEN - European Committee for Standardization, Brussels
 Vienna agreement
 definition European standard

national standards
 Austrian Standards Institute, Vienna
 definition national standard; standards and public law

general rules of technology


 these rules are acknowledged to be right
 in practice used and tested for a long period of time

state of the art


 definition state of the art
 provisions in laws and regulations

state of science knowledge


 current state of research in a specific field that might be implemented in practice
 e.g. maximum allowable concentrations value

best available techniques


 definition "best", "available" and "techniques"
 BAT reference documents – BREF

sectorial standards
oil & gas industry-specific standards, examples
 API American Petroleum Institute, API – ISO – CEN – ON
 NACE National Association of Corrosion Engineers
 BVEG Federal Association Gas, Oil and Geoenergy
other specific standards, examples
 ÖVGW Austrian Association for gas and water industry, examples
 ÖBFV Austrian Federal fire fighters Federation, examples

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1.4 European Legal System

legal basis
 primary law: contracts and agreements, treaties and accession treaties
 secondary law: regulations, directives, decisions, recommendations, opinions

regulations
 examples
o European chemicals legislation REACH: 2006, regulation on the registration,
evaluation, authorization and restriction of chemicals

directives
 directives have to be transposed into national law
 examples
o machinery directive, pressure equipment directive, EIA, CCS directive
o safety and health of workers at work directive

new approach
 directives address the essential requirements
 technical specifications are set by harmonized standards

global approach
 overall concept for the conformity assessment
 introduction of modules, procedures for the designation of authorities, CE marking
 establishment of notified bodies

1.5 Directives under the New Approach

examples
 machinery, PSA, pressure equipment, explosives for civil use
 low voltage equipment, electromagnetic compatibility, explosion risk areas

scope
 directives apply to (new and second hand) product, which should be placed or put
into operation for the first time on the community market
 significant changed product = new product
 repairs without changing the design, purpose of use, output = no new product

placing on the market, putting into service


 placing a product on the market = first-time providing a product on the EC-market
 putting into service = first use on the EC-territory

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essential requirements
 essential requirements are listed in the annexes of the directives
 products may only be placed on the market and put into operation, if essential
requirements are met

harmonized standards, presumption of conformity


 compliance with harmonized standards  presumption of conformity

conformity assessment
 placing a product on the market, the manufacturer must undergo a conformity
assessment listed in the directives (8 modules)

technical file (records)


 manufacturer has to compile a technical file (technical documentation)
 includes all information that is required to demonstrate conformity

declaration of conformity
 manufacturer must assess conformity (overall responsibility)
 declaration of conformity must be shown to the authority
 for e.g. explosive areas declaration follows the product

notified body
 =independent institution, which carries out the conformity assessment
 notified bodies are named by the member states (accreditation) and reported
(notification) to the EC
 notified body receives an identification number; EC keeps a directory (NANDO)

CE-signing
 "passport for the European market"
 manufacturer respectively supplier to the market declare, that product complies with
all relevant directives and affixes the CE-marking
 CE indicates that the product has been subject to a conformity assessment according
the directive and meets the essential requirements

market surveillance, safeguard clauses

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2. Mining Law Provisions
2.1 Mining act
(as far as relevant to the area of borehole mining activities within this lecture)

mineral resources
 mineral resource are each mineral, mineral mixture and rock, every coal and any
hydrocarbon, if they are natural origin regardless if they are solid, dissolved, liquid or
gaseous
 state-owned mineral resource is a mineral resources that is property of the federal
state (hydrocarbons, salts, uranium and thorium-containing mineral resources)
 exploration, production and storage contract (private law)
o federal state may sign contracts with companies
o federal state leaves his exploration- and production rights (federally owned mineral
resource) for a reasonable fee to the companies

definitions
 exploration = direct and indirect search for mineral resources
 exploration rights = prospection + (actual) exploration within an exploration area
 production = the extraction (mining) of mineral resources
 exploitation rights = right to produce within exploitation fields (area)
 processing = the dry and/or wet processing of mineral resources into marketable
mineral products using physical, physical-chemical and/or chemical processes
 storage = the injection of mineral resources in a dissolved, liquid or gaseous state into
geological structures
 mining rights holder = the owner of exploration, production or storage rights
 authorized mining representative = person authorized to take orders and to receive
documents of the authorities
 mining operation = an independent organizational unit within which a mining rights
holder conducts mining operations
 independent operating unit = independent organizational unit within a mining
operation

scope mining act - borehole mining operations


 mining law applies to
o exploration and production of state-owned mineral resources
o processing of such resources if it is done in connection with exploration or
production by the mining rights holder

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o prospection and exploration of geological structures for underground storage and
the storage of liquid or gaseous hydrocarbons
o processing of the stored hydrocarbons
 parts of the mining law also apply to the mining aspects of
o prospection and exploration of geothermal energy as well as the production of this
energy if boreholes more than 300 m deep are used
o prospection and exploration of geological structures which could be suitable for the
injection of materials
o injection and storage of materials into such geological structures

duty to report
 mining rights holders, persons in charge shall report to the mining authority
o fatal or severe accidents (other than occupational accidents), near misses
o dangerous occurrences such as explosions, fires, gas and oil blowouts
immediately
o minor accidents involving personal injury (other than occupational accidents) within
one month

duty to take safety precautions


 the mining rights holder shall take precautions to protect
o human health and safety
o property owned by third parties and not assigned to him for his use
o the environment, mineral deposits, the surface and has to
o ensure that the surface remains useable after the cessation of mining activities

emergency plan
 mining rights holder shall draw up and regularly update an emergency plan
 for accidents, dangerous occurrences (§ 97) and
 reasonably predictable natural and industrial disasters and
 take the necessary action where required

mining installations
 original construction permits from the mining authority are required to construct
surface mining installations, boreholes or completed wells deeper than 300 m
 preconditions for the approval of mining installations

persons in charge
 persons in charge, broad-spectrum, examples
o occupational health physicians, safety experts, safety representatives
o fire protection officers, first aiders

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o waste management officer, poisons officer, supervisor landfill
o dangerous goods safety adviser and driver, blasting expert, …
 persons in charge – mining law
o site manager, technical superintendent
o mine surveyor in charge
o site manager for the activities of third-party contractors
o technical superintendent for the activities of third-party contractors
 mining rights holder has to determine duties and obligations of persons in charge
 mining rights holder has to notify the Ministry of Science, Research and Economy
persons in charge immediately
 requirements for appointment
o appropriate educational background (or proof of theoretical knowledge)
o sufficient relevant practical experience
o knowledge of the related legislation
 absence site manager, deputization regulation

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2.2 Borehole Mining Order – BB-V
Ordinance regarding measures to be taken during borehole mining

1. General Provisions
 objectives
o protection of human health and safety
o protection of third parties property
o protection of the environment, mineral deposits and the surface
o the safeguarding of surface utilization following mining operations
 substantive scope of application
o exploration, production, processing of hydrocarbons
o prospection and exploration of geological structures to be used for storage
o underground storage of hydrocarbons
o processing of stored hydrocarbons
o exploration for and production of other mineral resources using boreholes drilled
from the surface (e.g. salt)
o prospection and exploration of geothermal energy resources
o production of this energy (geothermal, heat of the water) (boreholes > 300 m)
o prospection and exploration of geological structures suitable for the storage of
materials
o injection and storage of materials in geological structures
 scope of application to persons
o prohibition of entry
o prohibitions in explosion risk areas
o prohibitions in fire risk areas
 definitions
o persons in charge
o high risk boreholes
o high risk pipelines
o suitable and competent persons
 recurrent inspection of mining installations
 admittance to mining installations
 records
o retention periods

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2. Explosion Protection
o definitions
o explosive atmosphere
o lower explosion limit (LEL) - upper explosion limit (UEL)
 primary explosion protection
o avoid potentially explosive atmospheres or explosion risk areas
o occurrence of potentially explosive atmospheres
o dangerous quantity of ex-atmosphere
o explosion risk areas - zoning
 zone 0: areas, where explosive atmospheres is present continuously, or for
long periods or frequently
 zone 1: areas, where explosive atmospheres is likely to occur in normal
operation occasionally
 zone 2: areas, where explosive atmospheres are not likely to occur in normal
operation but, if it does occur, will persist only for a short period of time
o conduct in explosion risk areas - permit to work
o explosion zone map
o equipment category (classification according to the required level of protection)
 equipment group, equipment category, temperature class
 explosions group (equipment subgroup), type of protection
 secondary explosion protection
o avoid ignition of explosive atmospheres - possible ignition sources
 tertiary explosion protection
o mitigate harmful effects of an explosion
o explosion pressure relief, explosion-resistant design, decoupling
 identification and assessment of explosion hazards
 explosion protection document
 technical or organizational measures

3. Fire Protection
 general provisions
 technical or organizational measures
 preventive fire protection, defensive fire protection
 fire protection code
 fire protection plan contains essential information for fire protection about an object
 fire risk areas
o areas where highly inflammable or highly combustible materials are present or
could arise in quantities that could cause fires

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 firebreaks
o zone without combustible materials or constructed of non-combustible materials
o propagation of fire is stopped
 conduct in fire risk areas and firebreaks
 fire fighting
o initial and subsequent firefighting, recurrent drills
o fire-fighting assistance
 company's own fire brigades
 cooperation and assistance agreements
 other appropriate means
o fire prevention officer
 specially trained staff responsible for fire protection measures

4. Protection from health endangering and irrespirable atmospheres


 general provisions
 health endangering and irrespirable atmospheres
 assessment of hazards
 technical or organizational measures
 gas protection document includes at least
o area of applicability
o organization of gas protection
o alarm procedure
o necessary plans (gas protection plan)
o information on hazards and their assessment
o necessary safety measures
 gas protection drill
o assumption: foreseeable malfunction
o gas protection document shall be checked and amended where necessary
 gas protection team
o wherever it is necessary to enter such atmospheres to
 rescue endangered persons or
 fight hazards
o PPE, respiratory protection device
o suitable and competent persons

5. Safety distances
 basic conception
 minimum safety distances to boreholes and mining installations

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 well head of uncompleted and completed wells minimum distance of
o 100 m from residential buildings, public facilities and non-mining installations
o 30 m from public transportation areas, overhead transmission lines, navigable
waters, forests and other buildings and at least 1.15 times the overall height of the
drilling rig
 area enclosed by explosion risk areas of technical equipment within mining
installations at least 30 m away from
o residential buildings, public facilities,
o public transportation infrastructure or non-mining installations
 increased safety distances for gas storage facilities
 increased safety distances H2S-wells
o 300 m from residential buildings, public facilities and non-mining installations
o 100 m from public transportation areas, navigable waters, other buildings
 increased safety distances H2S-mining installations
o fencing of mining installations must be minimum 100 m from residential buildings,
public facilities and non-mining installations, public transportation infrastructure
 safety distances H2S-piplines at least
o 200 m to residential, commercial or industrial areas
o 50 m from single buildings or scattered farmsteads
 alerting safety strips
o for all wells and mining installations > 1,0 Vol.-% H2S
o an additional alerting safety strip has to be designated
o outside of which a hazard to human health and safety is unlikely

6. Working on Boreholes - drilling, workover


 identification of wells
o name of the well
o name, address, telephone number of the mining rights holder and contractor
o name and address of the mining authority
 casing
o wells shall be secured with conductor pipes and casing
o withstand expected mechanical, thermal and chemical stresses
o setting depths according to the expected geological conditions to prevent fracturing
in uncased borehole sections
o surface casing string shall ensure reliable installation of BOP and following casings
 cementing
o casing strings shall be cemented to ensure sealing of the wellbore against the
uncemented annulus

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o surface casing string has to be completely cemented to surface
o minimum height of the cement columns to prevent
 communication of media between penetrated porous horizons and
 migration of media to the surface
o determine top of cement and tightness of casing and cementing at the casing shoe
 modifications to casing or cementing have to be reported to the mining authority
 blow-out preventers
o complete closure of the well and closure of the annulus
o choke manifold
o kill, pump and pressure relief equipment
o recurrent inspection
 prior to commissioning, following repairs, modifications,
 following jaw changes and unusual occurrences
 at regular intervals acc. to best practices
 flare system
 circulation fluids
o continuously monitoring of quantity and characteristics of circulation fluids
o HSE aspects
 precautions against blow-outs
o emergency plan, persons in charge
o recurrent instructions to employees and regular drills
 monitoring of the well path
o full length, to final depth
o inclination and direction (azimuth)
 drilling returns
o determine petrographic and geological characteristics continuously
 compulsory attendance
o person in charge must be at the rig always
o supervise difficult operations
 well integrity management, well barrier concept

7. Well tests
 test equipment
 venting or flaring of gas
 test duration and flow rates, minimizing environmental impacts
 collection of liquids in tanks or use of existing pipelines

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8. Production and Storage
 identification of completed wells
o name of the well, name and telephone number of the mining rights holder
o telephone number of a continuously manned control station
 general requirements for completed wells
o wellhead and christmas tree must seal tightly
o all components exposed to the production flow must withstand the expected
pressure, temperature and corrosive media or must be protected against corrosion
o shut-off devices to safely stop production or injection
o pressure gauges in the production string and annulus
 basic requirements – flowing wells
o automatically shut-off devices following the Christmas tree as pressure falls under
the minimum operating pressure in the production pipeline
 basic requirements – other wells
o shut-off devices for safely stopping production or injection in case
 pressure falls under the minimum pipeline operating pressure or
 maximum operating pressure is exceeded
 subsurface safety valve
 additional requirements for wells where media containing CO2 or H2S occur
o two master valves, measures to monitor corrosion
o shutting down the well and actuating the master valves remotely from a
continuously manned control station
o wind direction indicator at the well site
o well plate shall indicate the existence of a potential hydrogen sulfide hazard
o wells shall be inspected daily
 storage of natural gas
o initial reservoir pressure shall not be exceeded
 requirements for the injection of media into wells
o first injection of media into a horizon associated with secondary or tertiary recovery
shall be reported to the mining authority
o essential requirements
 prevent media from entering geological structures other than those intended
 pressure shall not exceed initial pressure
 avoid impairment of downhole equipment
 risk assessment and necessary technical or organizational safety measures
 recurrent inspections
o proper condition and operational safety

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 well head and christmas tree (prior to initial commissioning, following all
repairs, modifications and unusual occurrences)
 surface pressure treatment equipment other pressurized equipment
 safety devices at wells
o borehole mining order specifies recurrent intervals
 well record - content
o well scheme
 name and purpose of the well
 coordinates and the altitude of the drilling location
 time of the beginning and end of drilling
 well path full length (inclination and azimuth)
 depth, petrographic, geological characteristics and thickness of the strata
 well diameter, diameter and setting depth of casing strings
 heights of the cement columns
 position of perforation, zones of importance for safety
 time and nature of abandonment
o plan of the equipment, completion
o operating pressures, produced or injected media
o work performed on well, results and findings of inspections
o inspection intervals, unusual occurrences
 continuously manned control station, tele-monitoring
o hazardous or unusual operating conditions or events
o set necessary action immediately
 reservoir protection
o production of hydrocarbons shall be performed to maximize overall recovery
 well integrity management and barrier concept

9. Shutting in and plugging of wells


 shutting in of temporary inactive wells
o secure against unauthorized access
o monitor leak-tight integrity and pressure behavior of closed wells
 plug and abandonment of wells
o barrier concept, zonal isolation
o porous horizons have to be sealed off to prevent
 migration of gaseous or liquid media and
 harmful impacts on groundwater or surface
o plans to plug a completed well shall be notified to the mining authority
o content

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 reason for plugging the well
 setting depths of the casing and the heights of the cement columns
 pressure conditions in the annuli, penetrated porous horizons
 nature and quantities of the media produced or injected
 zones where hydrocarbon or groundwater have been identified and other
safety related zones
 details of withdrawal of casing
 plugging materials and plugging range, position of mechanical seals
 nature and duration of plugging measures verifying plugging results
o examples for properly abandonment

10. Pipelines
 systematic
o pressure equipment directive, boiler act
 general requirements
o pipelines have to withstand the mechanical, thermal and chemical stresses during
pipeline laying and operation
o safety devices, shut-off devices at each end
o subdivide into isolatable sections minimizing the release of media
 pipeline laying
o constructed of steel or cast steel, connected by welds
o other materials or pipe connections are permitted
o additional provisions: corrosion allowance, safety factors, weld seam inspections
 supplementary requirements for high risk pipelines
o electronically transmit critical operating conditions to a continuously manned
control station
o automatically shut-off devices in case pressure falls under minimum operating
pressure in a given pipeline section
o depressurize sections between shut-off devices safely
 pipeline routing, right-of-way strips
o indicate pipeline routing appropriately
o right-of-way strips outside enclosed area of stations
o buildings and other non-mining installations may not be built within strips
o usages within right-of-way strips may not endanger pipelines
 recurrent inspections, scope and range, qualifications
o operational safety, corrosion protection, leak integrity
 pipeline record
o route of the pipeline, details of crossings

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o pipe and pipeline components, materials and manufacturers certificates
o pipeline dimensions, operating pressures, media transported
o welding inspections and results
o results and findings of inspections, inspection intervals
o unusual occurrences with implications for pipeline safety
 extract from technical standards in the fields of
o design and construction
o appropriate determination of pipeline routing, right-of-way strips, safety distances
o possible impacts on transport pipelines
o active and passive corrosion protection
o monitoring of pipelines (visual inspection, functional testing)
o periodic inspection, pressure testing, leak testing
o security concept, emergency planning

11. Final provisions


 mining authority
 exemptions
 transitional provisions

2.3 Ordinance concerning safety distances


 basic concept
o adverse effects of mining
o borehole mining act addresses mine right holder
o ordinance concerning safety distances addresses neighbors
 safety distances for installations used in hydrocarbon mining
 safety distances from facilities used for comparable type of activities
 increased safety distances
 exemptions

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