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Chapter 5: Underground geological storage 255 while placement for EOR, climate change mitigation or indeed mere disposal will be strictly subject to authorization or regulation. As regards onshore-derived CO2, placement only for experimental or EOR purposes will be allowed, subject to the same caveats as for offshore-derived CO2. The report concludes that, since the applicable OSPAR regime is determined by the method and purpose of placement and not by the effect of placement on the marine environment, the results may well be that placements with different impacts on the environment (for example, placement in the water column and placement in underground strata) may not be distinguished, while different methods of placement having the same impact may be treated differently. A similar analytical exercise concerning the LC/LP has been initiated by Parties to that Convention. sources. Any such discharges would probably be excluded from control by the LC because it would not involve ‘disposal at sea’ (Wall et al., 2005). Under OSPAR, however, States have general environmental obligations with respect to land-based sources (Purdy and Macrory, 2004) (and discharges from pipelines from land will be regulated, although not prohibited). 5.8.2 National regulations and standards There is uncertainty regarding the extent to which CO2 storage falls under the jurisdiction of the marine treaties. Some authors argue they will probably not allow such storage or that the LC (globally) and OSPAR (in the North East Atlantic) could significantly restrict geological offshore storage (Lenstra and van Engelenburg, 2002; Bewers, 2003). Specifically regarding the issues raised above, the following propositions have been suggested: States can regulate subsurface injection and storage of CO2 within their jurisdiction in accordance with their national rules and regulations. Such rules and regulations could be provided by the mining laws, resource conservation laws, laws on drinking water, waste disposal, oil and gas production, treatment of high- pressurized gases and others. An analysis of existing regulations in North America, Europe, Japan and Australia highlights the lack of regulations that are specifically relevant for CO2 storage and the lack of clarity relating to post-injection responsibilities (IEA-GHG, 2003; IOGCC, 2005). • The long-term storage of CO2 amounts to ‘dumping’ under the conventions (Purdy and Macrory, 2004); if CO2 were to be injected for an industrial purpose, that is, EOR, it would not be considered dumping of waste and would be allowed under the LC (Wall et al., 2005); Presently, CO2 is injected into the subsurface for EOR and for disposal of acid gas (Section 5.2.4). Most of these recovery or disposal activities inject relatively small quantities of CO2 into reasonably well-characterized formations. Generally, the longevity of CO2 storage underground and the extent of long- term monitoring of the injected fluids are not specified in the regulation of these activities, which are generally regulated under the larger umbrella of upstream oil and gas production and waste disposal regulations that do not specify storage time and need for post-operational monitoring. • CO2 captured from an oil or natural gas extraction operation and stored offshore in a geological formation would not be considered ‘dumping’ under the LC (Wall et al., 2005); In Canada, the practice of deep-well injection of fluids in the subsurface, including disposal of liquid wastes, is legal and regulated. As a result of provincial jurisdiction over energy and mineral resources, there are no generally applicable national laws that specifically regulate deep-well injection of fluids. Onshore CO2 geological storage would fall under provincial laws and regulations, while storage offshore and in federally administered territories would fall under federal laws and regulations. In the western provinces that are major oil and gas producers, substantive regulations specifically manage the use of injection wells. In Alberta, for example, there are detailed procedural regulations regarding well construction, operation and abandonment, within which specific standards are delineated for five classes of injection wells (Alberta Energy and Utilities Board, 1994). In Saskatchewan, The Oil and Gas Conservation Regulations 1985 (with Amendments through 2000) prescribe standards for disposal of oil field brine and other wastes. In addition, capture, transport and operational injection of fluids, including acid gas and CO2, are by and large covered under existing regulations, but no regulations are in place for monitoring the fate of the injected fluids in the subsurface and/ or for the post-abandonment stage of an injection operation. In the United States, the Safe Drinking Water Act regulates most underground injection activities. The USEPA Underground Injection and Control (UIC) Program, created in 1980 to provide minimum standards, helps harmonize regulatory requirements for underground injection activities. The explicit goal of the UIC • There remain some ambiguities in the provisions of some conventions, especially in relation to the option of geological storage under the seabed (Ducroux and Bewers, 2005). UNCLOS provides the international legal basis for a range of future uses for the seafloor that could potentially include geological storage of CO2 (Cook and Carleton, 2000); • Under the LC, CO2 might fall under the ‘industrial waste’ category in the list of wastes prohibited for disposal, while under the LP and OSPAR, it would probably not fall under the categories approved for dumping and should therefore be considered as waste and this is prohibited (Purdy and Macrory, 2004). If CO2 is transported by ship and then disposed of, either directly from the ship or from an offshore installation, this will be prohibited under the LC/LP (Wall et al., 2005) and OSPAR (Purdy and Macrory, 2004). If CO2 is transported by pipeline to an offshore installation and then disposed of, that would be prohibited under the LC/LP, but not necessarily under OSPAR, where prohibition against dumping applies only to installations carrying out activities concerning hydrocarbons (Purdy and Macrory, 2004). The option of storing CO2 transported through a pipeline from land appears to remain open under most conventions (Ducroux and Bewers, 2005); the LC/LP apply only to activities that involve ships or platforms and contain no further controls governing pipeline discharges from land-basedPDF Image | CARBON DIOXIDE CAPTURE AND STORAGE
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