【国际能源署】碳捕获、利用和储存（CCUS）的法律和监管框架_111页_5mb

Summary of the IEA CCUS Handbook on Legal and Regulatory Frameworks

Core Content

The IEA CCUS Handbook provides a comprehensive guide for policymakers and regulators in developing and updating legal and regulatory frameworks to support the deployment of Carbon Capture, Utilisation and Storage (CCUS) technologies. CCUS is identified as a critical tool for achieving net zero emissions by 2050, with the potential to capture over 7.6 billion tonnes of CO₂ globally by that year. The handbook outlines 25 priority legal and regulatory issues that must be addressed to ensure the safe, secure, and permanent storage of CO₂, as well as the broader implementation of CCUS across the energy system.

Main Viewpoints

• CCUS is essential for decarbonisation, particularly in hard-to-abate sectors such as heavy industry and long-distance transport.
• Regulatory frameworks are necessary to provide oversight, clarify rights and responsibilities, and ensure the safety and sustainability of CCUS activities.
• Legal and regulatory considerations span the entire CCUS value chain, from capture to storage, with a particular emphasis on the storage phase due to its complexity and long-term implications.
• Existing frameworks are being tested by growing commercial CCUS projects, and regulatory experiences are evolving to address new challenges and opportunities, such as CCUS hubs and international transport.
• Model regulatory text and an online database are provided to support the development of tailored legislation and to promote global best practices.

Key Information

Legal and Regulatory Issues for CCUS Deployment

The handbook categorises 25 priority issues into eight main categories:

1. Defining the regulatory scope

   • Classification and purity of CO₂
   • Ownership and title of CO₂ across the CCUS value chain

2. Environmental reviews and permitting

   • Environmental Impact Assessments (EIA)
   • Permitting and authorisation for CO₂ injection and storage
   • Public engagement and consultation mechanisms

3. Enabling first-mover projects

   • One-off legislation for specific projects
   • Preferential development rights and special administrative arrangements

4. Ensuring safe and secure storage

   • Storage resource assessment
   • Ownership of pore space
   • Measurement, Monitoring, and Verification (MMV) plans
   • Storage site inspections
   • Operational liabilities and financial security
   • Site closure process

5. Addressing long-term storage liabilities

   • Liability transfer post site closure
   • Financial assurances for long-term stewardship

6. International and transboundary issues

   • Cross-border CO₂ transport regulation
   • Compliance with the London Protocol
   • Interaction of pressure fronts across borders
   • Overlap between multiple regulatory frameworks

7. Facilitating CCUS hubs

   • Access to shared transport infrastructure
   • Access to shared storage infrastructure
   • Compensation and dispute resolution mechanisms

8. Other key and emerging issues

   • Treatment of CO₂ removal technologies (e.g., DAC)
   • Interaction with other surface and subsurface resources
   • Transition from CO₂-EOR to dedicated storage
   • CCUS-ready requirements for facilities

Global Context and Experience

• Over 30 commercial CCUS facilities are currently operating in nine countries, with more than 200 projects in development.
• North America hosts the majority of these projects, although deployment is diversifying to other regions.
• The 2010 Model Regulatory Framework has been used as a reference in several countries, including Mexico and South Africa.
• The handbook includes case studies and model legislative text to assist in the development of national and regional regulations.

Role of CCUS in Net Zero

CCUS plays four major roles in achieving net zero:

• Tackling emissions from existing energy assets
• Reducing emissions in hard-to-abate sectors
• Providing a platform for low-carbon hydrogen production
• Removing carbon from the atmosphere via technologies such as Direct Air Capture (DAC) and Bioenergy with Carbon Capture and Storage (BECCS)

Priority Actions for Policymakers and Legislators

1. Establish the foundation

   • Identify key regulatory issues
   • Review international best practices
   • Assess existing frameworks
   • Identify gaps and barriers
   • Choose an appropriate framework approach (project-specific, comprehensive, or hybrid)
   • Implement a regular regulatory review process

2. Define the regulatory scope

   • Review definitions of hazardous waste, pollutants, and commodities
   • Clearly define CO₂ ownership, especially for common carrier models

3. Establish environmental safeguards and support public engagement

   • Use existing frameworks for environmental assessments
   • Incorporate specific assessment needs for CCUS projects
   • Ensure internal capacity for processing permits
   • Establish rights and mechanisms for public engagement

4. Enable first-mover projects

   • Consider project-specific legislation in the absence of a comprehensive framework
   • Provide preferential development rights and special administrative arrangements

Conclusion

The handbook serves as a vital resource for governments seeking to develop effective legal and regulatory frameworks for CCUS. It highlights the need for flexibility, clarity, and international cooperation in the face of growing CCUS deployment. The Model Regulatory Text and database are key tools for policymakers to tailor regulations to their national context while ensuring environmental protection, public safety, and technological viability.