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CARBON CAPTURE and STORAGE - SOME INTERNATIONAL LEGAL PERSPECTIVES

CARBON CAPTURE and STORAGE - SOME INTERNATIONAL LEGAL PERSPECTIVES. Professor Richard Macrory CBE Centre for Law and the Environment, University College London Climate Change and Its Challenges for the International Legal System, London 17 Oct 2008. UK Power Station Investments for 2015.

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CARBON CAPTURE and STORAGE - SOME INTERNATIONAL LEGAL PERSPECTIVES

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  1. CARBON CAPTURE and STORAGE- SOME INTERNATIONAL LEGAL PERSPECTIVES Professor Richard Macrory CBECentre for Law and the Environment, University College LondonClimate Change and Its Challenges for the International Legal System, London 17 Oct 2008

  2. UK Power Station Investments for 2015 11000MWe of approved applications: 7390 MWe CCGT 3690 MWe renewables Approved applications Applications in Process • 10000MWe of applications being processed • 7500MWe CCGT • 2500MWe renewables Source: BERR

  3. London Dumping Convention1972 and London Protocol 1996 • Global conventions to regulating dumping of waste at sea • In March 2006 the London Protocol in force, and will eventually supersede the Convention. • Both instruments continue to apply in parallel until full ratification of Protocol • Significance: they deal with CCS in different ways…

  4. London ConventionKey Legal Issues Concerning CCS - I • Dumping of CO2 not prohibited as such but general permit as “wastes or other matter” required • Jan 1996: ‘industrial waste’ included in Annex I - dumping absolutely prohibited. Defined as waste materials generated by manufacturing or processing operations • No consensus as to inclusion of CO2 within this category.

  5. London ConventionKey Legal Issues Concerning CCS - II • Exceptions to definition of ‘dumping’ (Art III.1(b)) • Waste disposed of during ‘normal operations’ • CO2 injection into seabed for Enhanced Oil Recovery permissible? • ‘Placement’ for purposes other than mere disposal, provided not contrary to aims of Convention • CO2 injected for EOR or climate change mitigation? • No consensus • Sub-seabed storage of CO2 in any event notcovered by convention? “Sea” means all marine waters other than internal waters (Art III)

  6. London Protocol • More clearly applies to sub-sea bed, though still arguments as to precise meaning, and note exclusion direct from land: "Sea" means all marine waters other than the internal waters of States, as well as the seabed and the subsoil thereof; it does not include sub-seabed repositories accessed only from land.

  7. London ProtocolKey problem concerning CCS • More restrictive measures for dumping of waste: • States required to prohibit dumping of all waste save for those listed in Annex 1. • Dumping of Annex 1 materials requires permit issued in accordance with Annex 2. • None of categories originally listed in Annex I allowed for CO2 storage

  8. Amending the Protocol 2004 – UK initiated process. Set up Legal and Technical Working Groups to clarify issues and areas of doubt 2005 - 27th Consultative Meeting • Acknowledges CCS role in abating climate change and ocean acidification • Recognised differing legal interpretations • Agreed London Convention and Protocol has role to facilitate and/or regulate – commissions working groups

  9. Process of Amendment April 2006 • Technical WG Risk Assessment Framework and Waste Assessment Guidance • Legal WG Options for clarification/amendment – drafted possible amendment for Annex 1 to include CO2.. • Amendment to Annex 1 formally proposed by Australia, co-sponsored by UK, Norway, France Spain Nov. 2006 Consultative Meeting Amendment resolution adopted 12 parties in favour, 5 abstain, 12 not present

  10. London ProtocolTimescale and process of amendment • 10 February 2007 • Amendment enters into force for all Contracting Parties to Protocol, save for those sending declaration under Article 22 regarding inability to accept amendment.

  11. London ProtocolEffect of the Amendment to Annex I • To allow storage of CO2 in sub-seabed geological formations. CO2 streams from CO2 capture processes for sequestration … only if: • Into a sub-seabed geological formation • Consists “overwhelmingly” of CO2. May contain incidental associated substances derived from the source material and capture and sequestration processes used • No wastes or other matter are added for the purpose of disposal.

  12. “Overwhelmingly” • Potential political problem • Greenpeace International drew attention to risks of the integrity of long-term storage: • Proposed the replacement of the term “overwhelmingly” with a quantitative purity limit, recommending 99.9% CO2 as a justifiable and achievable limit value.

  13. London ProtocolOutstanding issue – cross boundary exportation • Article 6: prohibition on the exportation of waste … • February 2008: Legal and Technical WG agree that this means transboundary transport of CO2 not allowed • Amendment proposed. • Greenpeace International present as an observer and (with Germany and Italy) proposed additional condition for CO2 export for storage: • “if disposal of CO2 streams from a particular source is not feasible within the State of origin” • Meeting of Contracting Parties to decide on Amendment.

  14. Some Observations on London Dumping Protocol • For an international convention and largely unproven technology, very fast process of amendment - two years from when issue first proposed • Although NGO had some involvement, did process capture public confidence?

  15. Other CCS Issues Need Resolving INTERNATIONAL • OSPAR Convention (restrictive) • Status of CCS with Emissions Trading under Climate Change Convention (enabling) • Status of CCS as Clean Development Mechanism (enabling) • Transboundary movements of waste (restrictive)

  16. Regional/ National Level • Process permitting regime • Transportation • Storage licence procedures - environmental assessment etc. • Length of storage licences and transfer provisions back to State • Liability regimes

  17. International Energy Agency • 2008 IEA establishes global network of CCS regulators in conjunction with Carbon Sequestration Leaders Forum and UCL Centre for Law and Environment • Ist meeting in Paris in May 2008 - over 150 participants • Further telephonic conferences (transportation, pilot demonstration projects) • Not aiming for harmonized regime but learning from each other

  18. UCL Carbon Capture Legal Programme • STERN Review calls for free exchange of information in relation to CCS • Legal contribution to have a open access and freely available resource site • www.ucl.ac.uk/cclp

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