faculty of law
groningen centre of energy law
Date 31.10.2008
CCS and the Environment
Regulating Point Emitters
Dr. Kars de Graaf
[email protected]
faculty of law
groningen centre of energy law
Date 31.10.2008
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)
faculty of law
groningen centre of energy law
Date 31.10.2008
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
faculty of law
groningen centre of energy law
Date 31.10.2008
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 makes subseabed storage possible
>Impact of proposed Directive
- Captured CO2 is excluded from Waste
Framework Directive