Legal and Regulatory Status of CO2 Capture and Storage

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Legal and Regulatory Status ofCO2 Capture and
Storage

• John Gale
• IEA Greenhouse Gas RD Programme

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Introduction

• International acceptance under environmental
  conventions
• UNFCCC/Kyoto Protocol
• International marine environment
• London Convention/Protocol OSPAR
• National legal and regulatory frameworks
• Examples

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Environmental Conventions

• United Nations Framework Convention on Climate
  Change (UNFCCC)
• Set up after Earth summit in Rio de Janerio,
  Brazil 1992
• Entered into force in March 1994
• Its objective was to
• "to achieve stabilization of greenhouse gas
  concentrations in the atmosphere at a low enough
  level to prevent dangerous anthropogenic
  interference with the climate system."

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UNFCCC

• Treaty had no mandatory limits on GHG emissions
  for nations or enforcement provisions
• It was legally non-binding
• Places a requirement for signatories to develop a
  national greenhouse gas inventory
• Account for GHG emissions and removals
• Treaty provisions included for updates, or
  protocols
• Main update has been the Kyoto Protocol

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Kyoto Protocol

• Signed in 1992 and was then ratified in 2005
  after Russia signed in November 2004

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Kyoto Protocol

• Governments are separated into two categories
• Developed countries, referred to as Annex I
  countries
• Who have accepted greenhouse gas emission
  reduction obligations and must submit an annual
  GHG inventory
• Developing countries, referred to as Non-Annex I
  countries
• Who have no greenhouse gas emission reduction
  obligations but may participate in the Clean
  Development Mechanism
• By 2008-2012, Annex I countries have to reduce
  their greenhouse gas emissions by a collective
  average of 5 below their 1990 levels
• National limitations range from 8 reductions for
  the European Union to a 10 emissions increase
  for Iceland
• Reduction limitations expire in 2013
• Annex I countries can buy emission credits (CERs)
  from non Annex 1 countries under the Clean
  Development Mechanism

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Kyoto Protocol

• Main mitigation options in Kyoto Protocol were
  
• energy efficiency, fuel switching, renewable
  energy, nuclear power
• CCS added later
• UNFCCC requested a special report on CCS
• IPCC Special Report on CCS was presented at IPCC
  Plenary in Montreal, September 2007
• CCS accepted as a mitigation option under Kyoto
  Protocol in November 2007 at COP12/MOP2

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After Kyoto

• The non-binding Washington Declaration agreed
  on February 16, 2007,
• Canada, France, Germany, Italy, Japan, Russia,
  UK, USA, Brazil, China, India, Mexico and South
  Africa agreed in principle on a successor to the
  Kyoto Protocol.
• They envisage a global cap-and-trade system that
  would apply to both industrialized nations and
  developing countries,
• To be in place by 2009
• 33rd G8 Summit in 2007 agreed that G8 nations
  would 'aim to at least halve global CO2 emissions
  by 2050
• Details would be negotiated by environment
  ministers within the UNFCCC

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International Marine Conventions

• International marine environmental convention
  established in 1972
• London Convention (LC) prevents dumping of wastes
  at sea
• London Convention and extended London Protocol
• Below LC there are regional agreements covering
  specific regions of the ocean
• Convention for Protection of the Marine
  Environment of the North East Atlantic (OSPAR)

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London Convention

• London Convention introduced in 1975
• Prevents aims to control all sources of pollution
  to the marine environment
• Contracting parties agree to prevent dumping of
  of industrial wastes at sea
• Those that are liable to cause damage to human
  health, marine life etc.,
• Include precautionary approach to ensure
  preventative measures are taken in the event that
  anything introduced can cause harm
• Limited to sea not sea bed and subsoil

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London Protocol

• More extensive approach to dumping than LC
• Prevents dumping of all materials not included in
  a reverse list
• CO2 not in reverse list
• Includes sea, sea bed and sub soil
• But does not include sub sea bed repositories
  accessed by land
• Precautionary principle will apply

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OSPAR

• Entered into force in 1998
• Ratified by 15 signatory nations and EC
• Most comprehensive and strict legal convention
• Does not distinguish between water column and sub
  sea bed like the London Protocol
• Activities covered by a framework that considers
  sources and nature of placement

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Recent Amendments to Marine Conventions

• Amendment to London Protocol accepted in November
  2006
• CCS is a waste management option to be considered
  by Contracting Parties in their approaches to
  mitigating greenhouse gas emissions
• CCS in sub sea geological storage structures
  (CCS_SSGS) now legal under London Protocol
• CO2 to be included under list of wastes that can
  be disposed of
• The waste is overwhelmingly of carbon dioxide,
• No wastes or other matter are added.

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Recent Amendments to Marine Conventions

• London Protocol
• Guidelines adopted in April 2007 for use by
  national authorities regulating disposal at sea
• Guidelines indicate that acceptance of CCS does
  not remove obligation to reduce need for disposal
  under the Protocol
• Guidelines require
• Waste prevention audit/Waste management option
  review
• Characterisation of waste stream
• Site characterisation
• Impact assessment
• Permit Issue
• Compliance monitoring
• Performance monitoring
• Mitigation plan

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Recent Amendments to Marine Conventions

• In Spring 2007 OSPAR adopted amendments to the
  Annexes to the Convention to allow storage of CO2
  in geological formations under the seabed.
• Follows publication of reports on ocean
  acidification, which indicated early action was
  needed to prevent damage to the marine
  environment from natural uptake of CO2.
• CCS seen as one of a portfolio of measures to
  reduce emissions
• OSPAR adopted a Decision to ensure
  environmentally safe storage of carbon dioxide
  streams in geological formations
• OSPAR adopted guidelines for Risk Assessment and
  Management of that activity.
• A Decision was also adopted to legally rule out
  placement of CO2 into the water-column of the sea
  and on the seabed.
• Actions considered complimentary to those of
  London Protocol

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National Legal and Regulatory Frameworks

• Two key goals for Governments
• To promote CCS as a climate change option
• To ensure protection of public health and safety
• Development of a regulatory regime is a key step
  in developing industry public confidence
• Several countries regulating CCS under existing
  laws
• For many countries it will be quicker to adapt
  existing legislation than to develop new legal
  frameworks
• For countries without existing legislation this
  might be an issue

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Adaptation of Existing Laws

• Many countries looking at adaptation of existing
  laws
• UK - Petroleum Act for North Sea operations
• Norway regulated under Petroleum Act and
  Pollution Control Act
• Netherlands - Mining Law adapted for K-12B
• USA Existing Underground Injection Control
  programme for ground water protection adapted for
  Pilot projects
• USA/Canada CO2-EOR already permitted under
  existing laws
• Canada acid gas injection already permitted
• Most existing laws cover permitting,
  construction, operational and abandonment phases
  but NOT post closure
• European Commission developing a new CCS
  Directive
• Details of which are awaited
• Will require member states to have national CCS
  regulations in place

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Regulatory Components

• It is likely than any regulatory regime for CCS
  will include the following
• Detailed site characterisation for permitting and
  operational requirements
• Monitoring during all phases
• Pre-operational, operational, post operational
  and post abandonment
• Abandonment plan
• Remediation plan

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Development of Regulations

• In Europe
• OSPAR and new EU Directive on CCS will require
  regulations to be in place by 2012
• Planned demonstration projects to go ahead
• UK/Norway and Netherlands leading way
• USA and Australia working to similar timescales
• FutureGen
• Stanwell/ZeroGen

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Summary

• CCS legal under International Marine
  Environmental Conventions
• CCS accepted as a mitigation option under Kyoto
  Protocol
• National regulations being developed
• Need to be in place at latest by 2012

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