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

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)

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

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 sub-seabed storage possible Impact of proposed Directive Captured CO2 is excluded from Waste Framework Directive