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Chapter 6: Ocean storage 309 a requirement that could be relied upon by proponents and opponents alike. Churchill (1996) also focuses on UNCLOS in his assessment of the international legal issues, and finds that the consent of the coastal state would be required if ocean storage occurred in that state’s territorial sea (up to12 miles from the coast). In that state’s Exclusive Economic Zone (up to 200 miles), the storage of CO2 via a vessel or platform (assuming it constituted ‘dumping’ under the Convention) would again require the consent of that state. Its discretion is limited by its obligation to have due regard to the rights and duties of other states in the Exclusive Economic Zone under the Convention, by other treaty obligations (London and OSPAR) and the Convention’s general duty on parties not to cause damage by pollution to other states’ territories or areas beyond their national jurisdiction. He finds that it is uncertain whether the definition of ‘dumping’ would apply to use of a pipeline system from land for ocean storage, but, in any event, concludes that the discharge of CO2 from a pipeline will, in many circumstances, constitute pollution and thus require the coastal state to prevent, reduce and control such pollution from land-based sources. But ocean storage by a pipeline from land into the Exclusive Economic Zone will not fall within the rights of a coastal or any other state and any conflict between them will be resolved on the basis of equity and in the light of all the relevant circumstances, taking into account the respective importance of the interests involved to the parties as well as to the international community as a whole. He finds that coastal states do have the power to regulate and control research in their Exclusive Economic Zones, although such consent is not normally withheld except in some cases. States are obliged to comply with the provisions of international law mentioned above in Section 6.8.1, in particular treaty law to which they are parties. States have to implement their international obligations regarding CO2 ocean storage either by enacting relevant national laws or revising existing ones. There have been a few commentaries and papers on the assessment of the legal position of ocean storage at national level. However, the number of countries covered has been quite limited. Summaries of the assessment of the national legal issues having regard to each type of storage mentioned above to be considered when implementing either experimental or fully- fledged ocean storage of CO2 are provided below. As for the permissibility of discharge of CO2 into the high seas (the area beyond the Exclusive Economic Zone open to all states), Churchill (1996) concludes that this will depend upon whether the activity is a freedom of the high sea and is thus not prohibited under international law, and finds that the other marine treaties will be relevant in this regard. The US Environmental Protection Agency (US EPA) specified protective criteria for marine waters, which held pH to a value between 6.5 and 8.5, with a limit on overall excursion of no more than 0.2 pH units outside the naturally occurring range (see: Train, 1979). Much of the early work on marine organisms reflected concerns about the dumping of industrial acid wastes (e.g., acid iron wastes from TiO2 manufacture) into marine waters. For the most part, however, these studies failed to differentiate between true pH effects and the effects due to CO2 liberated by the introduction of acid into the test systems. Finally, the London Convention is considered by Campbell (1996), who focuses particularly on the ‘industrial waste’ definition contained in Annex I list of prohibited substances, but does not provide an opinion upon whether CO2 is covered by that definition ‘waste materials generated by manufacturing or processing operations’, or indeed the so-called reverse list exceptions to this prohibition, or to the general prohibition under the 1996 Protocol. States can regulate the activity of injection within their jurisdiction in accordance with their own national rules and regulations. Such rules and regulations would be provided by, if any, the laws relating to the treatment of high-pressure gases, labour health and safety, control of water pollution, dumping at sea, waste disposal, biological diversity, environmental impact assessment etc. It is, therefore, necessary to check whether planned activities of injection fall under the control of relevant existing rules and regulations. 6.8.2 National laws 6.8.2.1 Introduction CO2 ocean storage, excluding injection from vessels, platforms or other human-made structures into the subseabed to which the Assessment made in Section 5.8 applies, is categorized into the following two types according to the source of injection of the CO2 (land or sea) and its destination (sea): (1) injection from land (via pipe) into the seawater; (2) injection from vessels, platforms or other human-made structures into sea water (water column, ocean floor). 6.8.2.3 Injection from vessels, platforms or other humanmade structures into sea water (water column, ocean floor) With regard to the United States, insofar as CO2 from a fossil-fuel power plant is considered industrial waste, it would be proscribed under the Ocean Dumping Ban Act of 1988. The Marine Protection, Research, and Sanctuaries Act of 1972 (codified as 33 U.S.C. 1401–1445, 16 U.S.C. 1431–1447f, 33 U.S.C. 2801–2805), including the amendments known as the Ocean Dumping Ban Act of 1988, has the aim of regulating intentional ocean disposal of materials, while authorizing related research. The Ocean Dumping Ban Act of 1988 placed a ban on ocean disposal of sewage sludge and industrial wastes after 31 December 1991. 6.8.2.2 Injection from land (via pipe) into seawater It is necessary to check whether the ocean storage of CO2 is interpreted as ‘dumping’ of ‘industrial waste’ by relevant national laws, such as those on dumping at sea or waste disposal, because this could determine the applicability of the London Convention and London Protocol (see Section 6.8.1). Even if ocean storage is not prohibited, it is also necessary to check whether planned activities will comply with the existing relevant classes of rules and regulations, if any, mentioned above.PDF Image | CARBON DIOXIDE CAPTURE AND STORAGE
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