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Legal and Regulatory Status ofLegal and Regulatory Status ofCOCO22 Capture and Storage Capture and Storage

John GaleIEA Greenhouse Gas R&D Programme

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IntroductionIntroduction

• 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 ConventionsEnvironmental 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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UNFCCCUNFCCC

• 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 ProtocolKyoto Protocol

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

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Kyoto ProtocolKyoto 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 ProtocolKyoto 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 KyotoAfter 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 ConventionsInternational 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 ConventionLondon 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 ProtocolLondon 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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OSPAROSPAR• 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 ConventionsRecent 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 ConventionsRecent 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 ConventionsRecent 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 FrameworksNational 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 LawsAdaptation 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 ComponentsRegulatory 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 RegulationsDevelopment 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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SummarySummary

• 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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THANK YOU THANK YOU ANY QUESTIONS?ANY QUESTIONS?