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Obligating CO2 Capture: Legal Frameworks and Emissions Trading in the European Context

This document explores the legal frameworks surrounding CO2 emissions capture within the EU, focusing on EMA permits and obligations for point emitters. It discusses key topics such as the Emissions Trading Schemes implemented since 2005, the legal status of CO2 capture as a Best Available Technique (BAT), and the implications of proposed directives for large combustion plants. It also addresses environmental assessments, storage concerns, and recent regulations concerning CO2 as waste, reflecting on how evolving legal guidelines impact the future of carbon capture and storage technologies.

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Obligating CO2 Capture: Legal Frameworks and Emissions Trading in the European Context

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  1. CCS and the Environment Regulating Point Emitters Dr. Kars de Graaf K.J.de.Graaf@rug.nl

  2. Obligating Capture in EMA-permits? • Legal framework for reduction of emission • Emissions Trade Scheme since 2005 • Legal obligation for capturing of CO2? • IPPC and EMA  Best Available Techniques • Capturing CO2 is not (yet?) a BAT • Groningen: Capture Ready from 2010 • Impact of proposed Directive • Large Combustion Plants Directive (Art. 32) • IPPC Directive (Art. 30)

  3. Environmental Impact Assessment? • Legal framework EIA for (new) emitter • SEA/EIA Directive in EMA and EIA-Decree • No reference to capture-installation or CO2-pipeline • But: large combustion plan: > 200 Mw and storage of large amounts of waste • Impact of proposed Directive • Pipelines if longer than 40 km • Storage sites • Capture-installations

  4. Should CO2 be regarded as waste? • Legal framwork for waste • Waste Framework Directive: any substance or object [..] which the holder discards or intends or required to discard  CO2 • Possible consequence: storage is last resort • Recent amendments to London Dumping Convention and OSPAR-treaty makessub-seabed storage possible • Impact of proposed Directive • Captured CO2 is excluded from Waste Framework Directive

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