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256 IPCC Special Report on Carbon dioxide Capture and Storage programme is to protect current and potential sources of public drinking water. The Safe Drinking Water Act expressly prohibits underground injection that ‘endangers’ an underground source of drinking water. Endangerment is defined with reference to national primary drinking water regulations and adverse human health effects. For certain types or ‘classes’ of wells, regulations by the USEPA prohibit injection that causes the movement of any contaminant into an underground source of drinking water. Act of 2003 that covers ‘substances’ stored underground and unites previously divided regulation of onshore and offshore activities. Storage is defined as ‘placing or keeping substances at depth of more than 100 m below the surface of the earth’. Legal interpretation indicates that CO2 intended for storage would have to be treated as waste, because it was collected with the explicit purpose of disposal. Wells injecting hazardous wastes require the additional development of a no-migration petition to be submitted to the regulators. These petitions place the onus of proof on the project proponent that injected fluid will not migrate from the disposal site for 10,000 years or more. The fluids can exhibit buoyancy effects, as disposed fluids can be less dense than the connate fluids of the receiving formation. Operators are required to use models to demonstrate they can satisfy the ‘no-migration’ requirement over 10,000 years. Wilson et al. (2003) suggests that this process of proving containment could provide a model for long-term storage of CO2. While detailed requirements exist for siting, constructing and monitoring injection well operation, there are no federal requirements for monitoring or verification of the actual movement of fluids within the injection zone, nor are there general requirements for monitoring in overlying zones to detect leakage. However, there are requirements for ambient monitoring in deep hazardous and industrial waste wells, with the degree of rigour varying from state to state. Regulating CO2 storage presents a variety of challenges: the scale of the activity, the need to monitor and verify containment and any leakage of a buoyant fluid and the long storage time – all of which require specific regulatory considerations. Additionally, injecting large quantities of CO2 into saline formations that have not been extensively characterized or may be close to populated areas creates potential risks that will need to be considered. Eventually, linkages between a CO2 storage programme and a larger national and international CO2 accounting regime will need to be credibly established. Vine (2004) provides an extensive overview of environmental regulations that might affect geological CO2 storage projects in California. Given that a developer may need to acquire up to 15 permits from federal, state and local authorities, Vine stresses the need for research to quantitatively assess the impacts of regulations on project development. Storage of CO2 in the subsurface raises several questions: Could rights to pore space be transferred to another party? Who owns CO2 stored in pore space? How can storage of CO2 in the pore space be managed so as to assure minimal damage to other property rights (e.g., mineral resources, water rights) sharing the same space? Rights to use subsurface pore space could be granted, separating them from ownership of the surface property. This, for example, appears to apply to most European countries and Canada, whereas in the United States, while there are currently no specific property-rights issues that could govern CO2 storage, the rights to the subsurface can be severed from the land. In Australia, permitting responsibility for onshore oil and gas activities reside with the State Governments, while offshore activities are primarily the responsibility of the Federal Government. A comprehensive assessment of the Australian regulatory regime is under way, but so far only South Australia has adopted legislation regulating the underground injection of gases such as CO2 for EOR and for storage. Stringent environmental impact assessments are required for all activities that could compromise the quality of surface water or groundwater. Scale is also an important issue. Simulations have shown that the areal extent of a plume of CO2 injected from a 1 GW coal-fired power plant over 30 years into a 100-m-thick zone will be approximately 100 km2 (Rutqvist and Tsang, 2002) and may grow after injection ceases. The approach to dealing with this issue will vary, depending on the legal framework for ownership of subsurface pore space. In Europe, for example, pore space is owned by the State and, therefore, utilization is addressed in the licensing process. In the United States, on the other hand, the determination of subsurface property rights on non-federal lands will vary according to state jurisdiction. In most jurisdictions, the surface owner is entitled to exclusive possession of the space formerly occupied by the subsurface minerals when the minerals are exhausted, that is, the ‘pore space’. In other jurisdictions, however, no such precedent exists (Wilson, 2004). Some guidance for answering these questions can be found in the property rights arrangements associated with natural gas storage (McKinnon, 1998). The 25 member states of the European Union (EU) have to ensure that geological storage of CO2 is in conformity with relevant EU Directives. A number of directives could have an influence on CO2 geological storage in the EU, notably those on waste (75/442/EEC), landfill (1999/31/EC), water (2000/60/EC), environmental impact assessment (85/337/EEC) and strategic environmental assessment (2001/42/EC). These directives were designed in a situation where CO2 capture and storage was not taken into account and is not specifically mentioned. 5.8.4 Long-term liability It is important that liabilities that may apply to a storage project are clear to its proponent, including those liabilities that are applicable after the conclusion of the project. While a White There is one comprehensive Dutch study detailing legal and regulatory aspects of CO2 underground injection and storage (CRUST Legal Task Force, 2001), including ownership of the stored CO2, duty of care, liability and claim settlement. It has as its basis the legal situation established by the Dutch Mining 5.8.3 Subsurface property rightsPDF Image | CARBON DIOXIDE CAPTURE AND STORAGE
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