Overview - Why is transport of CO2 relevant to CCS?
Transport of CO2 is necessary when a suitable storage site is not located in close proximity to the capture installation. In a regional context, such as the European Union, transnational regulation of the transport phase is essential when CO2 is transported across the territory of different Member States in order to reach a storage site. The EU CCS Directive contains some provisions on this part of the CCS chain, although its primary focus is on the storage phase.
However, certain regional conventions, under the aegis of the United Nations Economic Commission for Europe (UNECE), could have an impact upon the rules that apply to the transport of CO2 and, therefore, upon the deployment of full-scale CCS.
How is CO2 transported?
Carbon dioxide can be transported by rail, road, ship and pipeline. At present the main options for CO2 transport for geological sequestration would seem to be pipelines and shipping.
Carbon dioxide pipelines have been used for decades in the context of Enhanced Oil Recovery (EOR) activities, especially in the United States. At present, about 5,600 km of CO2 pipelines operate worldwide with a throughput of over 50 million tonnes of CO2 per year. There is still no dedicated legislation for pipelines for CCS operations, a gap that may need to be filled if full-scale deployment of this technology is to take place.
Transport via pipelines requires that CO2 is pressurised and converted into a dense phase or supercritical state in order to facilitate its movement through the pipe.
Transport by ship is also possible, although some have argued that it is still in an embryonic stage (IPCC Special Report, 2005) and that it will only be economically feasible under specific conditions (CDM Executive Board, 2009. Some countries, such as Italy, are considering transport of CO2 by pressurised road container.
Legal challenges presented by the transport of CO2
Carbon dioxide transport touches upon different areas of law, and there are significant gaps in regulation at national, regional and international level. The main legal challenges raised by transporting CO2 are:
legal definition of the CO2 stream: is it a waste or a commodity? different legal consequences could stem from classifying CO2 in either of these categories;
conflicting state jurisdictions over pipeline control and management when CO2 pipelines cross national boundaries;
health and safety guidelines and procedures which need to be established in order to deal with potential risks to human health or the environment. In the EU context, the European Commission, has argued that the risks of transporting CO2 via pipelines are no higher than the risks of natural gas transmission;
liability for harm caused by accidents or leaks from CO2 pipelines or other transport facilities;
permitting issues;
third-party access to the network, transit rights and property rights with respect to the pipeline route;
environmental impact assessment (EIA) and planning procedures, taking into account public participation and public perception of CCS.
What are the key applicable laws?
In April 2009, the European Parliament and the Council of Ministers adopted the EU Directive on the geological storage of carbon dioxide (CCS Directive). This Directive is the starting point for analysis of CCS under EU law. It includes some provisions on transport of CO2 for CCS, covering issues such as jurisdiction, access of third parties to the network and EIA.
Apart from the CCS Directive, EU law does not cover transport of CO2 through dedicated legislation or by other means, such as technical guidelines. However, several standards are available within Europe for transport of oil and gas, both offshore and onshore, which could be used as benchmarks for future regulation of CO2 transport. In the context of regional conventions adopted by the United Nations Economic Commission for Europe (UNECE)
, the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) could have an impact upon any potential legislation for CO2 pipelines in the UNECE region. Although this convention does not specifically deal with CCS activities or CO2 transport, and the Contracting Parties have no plans to consider them in the near future, it does address some of the core issues associated with the transport phase of CCS.
What is their collective effect upon CCS activities?
Except for the provisions within the EU CCS Directive, transport of CO2 for CCS is not specifically regulated in Europe. There are no harmonised standards, so any regulation of pipelines has to rely on existing legislation concerning other activities, such as oil and gas, which predates the current debate about CCS.
If CCS is to become a common industrial process, it will require some kind of regulation of transport and transmission infrastructures, and a range of existing regulations will have to encompass CCS within their scope. A more comprehensive system of regulation of the transport phase would help to accelerate its development.