1. CCS and the Environment
Regulating Point Emitters
Dr. Kars de Graaf

2. 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)

3. 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

4. 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