Transcript CARBON CAPTURE and STORAGE

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
Approved applications
Applications in Process
8000
11000MWe of approved
applications:
– 7390 MWe CCGT
– 3690 MWe renewables
6000
CCGT
4000
wind
2000
bio &
other
0
2006
2008
8000
7000
6000
5000
CCGT
wind
bio & other
4000
3000
2000
10000MWe of applications
being processed
- 7500MWe CCGT
- 2500MWe renewables
1000
Source: BERR
0
2006
2007
2008
Total
London Dumping Convention
1972 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…
London Convention
Key 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.
London Convention
Key Legal Issues Concerning CCS - II
•
Exceptions to definition of ‘dumping’ (Art III.1(b))
1. Waste disposed of during ‘normal operations’
• CO2 injection into seabed for Enhanced Oil Recovery
permissible?
2. ‘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 not covered by
convention? “Sea” means all marine waters other than internal
waters (Art III)
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.
London Protocol
Key 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
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
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
London Protocol
Timescale 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.
London Protocol
Effect 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.
“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.
London Protocol
Outstanding 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.
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?
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)
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
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
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