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Environmental Regulations for CCS Point Emitters: Legal Framework and Compliance Implications

This study explores the legal obligations and implications for capturing CO2 emissions from point sources under the Environmental Impact Assessment Directive. It examines the impact of the proposed directives on large combustion plants, storage sites, and capture installations for CO2. The analysis highlights the challenges and opportunities in regulating CO2 as waste and discusses the implications for compliance with environmental regulations.

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Environmental Regulations for CCS Point Emitters: Legal Framework and Compliance Implications

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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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