【国际能源署】碳捕获、利用和储存（CCUS）的法律和监管框架-2022.7_111页_6mb

Summary of Legal and Regulatory Frameworks for CCUS (IEA CCUS Handbook)

Core Content

The Legal and Regulatory Frameworks for CCUS handbook by the International Energy Agency (IEA) is a comprehensive resource aimed at supporting policy makers and regulators in the development and updating of legal and regulatory frameworks for Carbon Capture, Utilisation and Storage (CCUS). It outlines the critical importance of legal frameworks in enabling the safe, secure, and permanent storage of CO₂, which is essential for achieving global net zero emissions by 2050.

CCUS is identified as a key technology for reducing emissions in hard-to-abate sectors, such as heavy industry and long-distance transport, and for enabling low-carbon hydrogen production and direct air capture (DAC) for atmospheric carbon removal. The handbook highlights that the successful deployment of CCUS at scale depends on robust legal and regulatory structures that provide clarity, oversight, and protection for all stakeholders involved.

Main Views and Key Information

1. Importance of Legal and Regulatory Frameworks

• Legal frameworks are essential for the effective stewardship of CCUS activities and ensuring the safe storage of CO₂.
• These frameworks must address environmental protection, public health, stakeholder rights and responsibilities, and provide legal certainty for investors and developers.
• They also help build public confidence and acceptance of CCUS technologies.

2. Scope of the Handbook

• The handbook identifies 25 priority legal and regulatory issues that should be addressed in CCUS frameworks.
• These issues are grouped into eight categories, including:
  • Defining the regulatory scope
  • Environmental reviews and permitting
  • Enabling first-mover projects
  • Ensuring safe and secure storage
  • Addressing long-term storage liabilities
  • International and transboundary issues
  • Facilitating CCUS hubs
  • Other key and emerging issues

3. Global Experience and Trends

• Over 20 national and sub-national jurisdictions have developed legal and regulatory frameworks for CCUS.
• As of early 2022, there are around 30 commercial CCUS facilities operating in nine countries, with more than 200 projects in development across 25+ countries.
• The United States hosts the majority of CCUS projects, but deployment is diversifying globally.
• The handbook includes global case studies and model legislative text to guide the development of tailored regulations.

4. Regulatory Focus on CO₂ Storage

• CO₂ storage is the primary regulatory focus due to its complexity and long-term implications.
• Issues include:
  • Classification and ownership of CO₂
  • Environmental impact assessments and permitting for CO₂ injection and storage
  • Measurement, monitoring, and verification (MMV) requirements
  • Site inspections, liabilities, and financial security obligations
  • Post-site closure responsibilities and liability transfer mechanisms

5. International and Cross-Border Considerations

• Cross-border CO₂ transport and storage may require international agreements and compliance with the London Protocol.
• The 2009 amendment to Article 6 of the London Protocol has been provisionally applied to facilitate offshore CO₂ storage, though bilateral agreements are still pending.
• Legal frameworks must address transboundary pressure fronts and overlap between regulations in different jurisdictions.

6. CCUS Hubs and Infrastructure Sharing

• CCUS hubs can promote efficiencies and economies of scale by enabling shared infrastructure for CO₂ transport and storage.
• Regulatory considerations include:
  • Third-party access to transport and storage infrastructure
  • Compensation and dispute resolution mechanisms
  • Regulatory oversight of shared infrastructure to ensure fairness and safety

7. Emerging Issues

• The handbook addresses new and evolving regulatory considerations, such as:
  • Treatment of CO₂ removal technologies (e.g., DAC and BECCS)
  • Interaction with other surface and subsurface resources
  • Transition from CO₂-EOR to dedicated storage
  • CCUS-ready requirements for facilities

Priority Actions for Policy Makers and Legislators

1. Establish the foundation

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

2. Define the regulatory scope

   • Review definitions of hazardous waste, pollutants, and commodities to avoid regulatory barriers.
   • Clearly define CO₂ ownership across the CCUS value chain, especially in frameworks promoting a common carrier model.

3. Establish environmental safeguards and support public engagement

   • Use existing frameworks to assess environmental review needs for CCUS projects.
   • Incorporate specific requirements for storage site exploration and pipeline development.
   • Ensure relevant authorities have the capacity to process applications.
   • Establish public engagement and consultation mechanisms.
   • Promote early public consultations to build stakeholder confidence.

4. Enable first-mover projects

   • Consider project-specific legislation in the absence of a comprehensive framework.
   • Provide preferential development rights and administrative support for strategic projects.

Conclusion

This handbook serves as a practical guide for developing legal and regulatory frameworks that support the safe and sustainable deployment of CCUS technologies. It provides a structured approach for policy makers and regulators, drawing on global experiences and offering model texts for reference. The focus is on ensuring that all aspects of the CCUS value chain are covered, with a particular emphasis on CO₂ storage, liability management, and international coordination.