fr-111107 ieg transposition of the directive co synthesis

8/12/2019 FR-111107 IEG Transposition of the Directive CO Synthesis

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General Directorate for Energy & Climate Change

Transposi t ion of the CCSdi rec t ive in France

Lio nel PERRETTECO2 capture & s torageGeneral Director ate for Energy & Cl imate Change

IEG Meeting

Brussels , 14 November 2011


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Presentat ion out l ine

France and CCS

France and CCS

Implementing CCS in France : Milestones


Transposition strategy


Options taken when transposing


Public consultation and social acceptance


Issues

Issues


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France and CCS

France and CCS

France and CCS





Issues


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France and CCS

Interest in cutting down CO2 emissions, in particular from industrial emitters(steel and glass industry).

CCS taken as a bridging technology among other more sustainable long termsolutions (efficiency, renewable energies).

Geological context not in favour of straightforward storage: Capacitiesmainly available onshore in deep saline aquifers.

Interest in cutting down CO2 emissions, in particular from industrial emitters(steel and glass industry).

CCS taken as a bridging technology among other more sustainable long termsolutions (efficiency, renewable energies).

Geological context not in favour of straightforward storage: Capacitiesmainly available onshore in deep saline aquifers.

Urgent need for robust regulatory framework to support CCS pilot and demoprojects in France (Lacq ULCOS France Nord C2A2)

Urgent need for robust regulatory framework to support CCS pilot and demoprojects in France (Lacq ULCOS France Nord C2A2)


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Implement ing CCS in France: mi lestones

France and CCS

Implementing CCS in France : MilestonesImplementing CCS in France : Milestones




Issues


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Implement ing CCS in France: m i lestones (1/2)

Key dates and stages for CCS in France: May 2009 First integrated pilot plant Total Lacq August 2009 Law n2009-967 So called Grenelle de lenvironnement ):

Art 19 VI - New coal power plants must be CCS ready + full scale CCS demoprogram

Art 22 CO2 capture and storage will be supported by the set up of appropriatelegal framework and by participation to project funding

May 2010 Funding of 3 CCS projects 38 M)July 2010 Law n 2010-788

Art 80: exploration permit Art 256: ability to transpose the directive by ordinance

Key dates and stages for CCS in France: May 2009 First integrated pilot plant Total Lacq August 2009 Law n2009-967 So called Grenelle de lenvironnement ): Art 19 VI - New coal power plants must be CCS ready + full scale CCS demo

program Art 22 CO2 capture and storage will be supported by the set up of appropriate

legal framework and by participation to project funding

May 2010 Funding of 3 CCS projects 38 M)July 2010 Law n 2010-788

Art 80: exploration permit Art 256: ability to transpose the directive by ordinance


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Implement ing CCS in France: m i lestones (2/2)

July 2010 Arrt du 23 juillet 2010 on combustion installations new combustion plant above 600 MWthshall save land space for capture unit +

feasibility study for CCS Transpose art 33

October 2010 Ordinance n2010-1232 (ratified by law n2011-12 on the 5th of January) Storage permit Transfer of responsibility

Third party access

May 2011- Submission of the ULCOS-BF project to the EU for funding underNER300 (steel making / blast-furnace) July 2011 Public consultation for granting an exploration permit ULCOS-BFproject) 19 October 2011: Granting of exploration permit to the ULCOS-BF project 31 October 2011: Entry into force of executive decree n 2011-1411 on CO2storage

Complementary to legislative provisions Terminates directive 2009/31/EC transposition

July 2010 Arrt du 23 juillet 2010 on combustion installations new combustion plant above 600 MWthshall save land space for capture unit +

feasibility study for CCS Transpose art 33

October 2010 Ordinance n2010-1232 (ratified by law n2011-12 on the 5th of January) Storage permit

Transfer of responsibility

Third party access

May 2011- Submission of the ULCOS-BF project to the EU for funding underNER300 (steel making / blast-furnace) July 2011 Public consultation for granting an exploration permit ULCOS-BFproject) 19 October 2011: Granting of exploration permit to the ULCOS-BF project 31 October 2011: Entry into force of executive decree n 2011-1411 on CO2storage

Complementary to legislative provisions Terminates directive 2009/31/EC transposition


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Transp os i t ion strategy

France and CCS


Transposition strategyTransposition strategy



Issues


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Transposi t ion s trategy

Lead on transposition taken by the General directory for energyand climate change (DGEC) assisted by the General directory forrisk prevention

Two steps process: directive provisions split into law andregulatory level provisions

Provisions embedded into the environmental code withreferences to the mining code

Legislative work mainly limited to provisions set by the directive +necessary ones (access right to the underground)

Few provisions deepened (exploration)


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Share between law and regu lato ry level p rov is ions

Legal framework shared between legal parliament) and regulatoryprovisions government)Legal framework shared between legal parliament) and regulatoryprovisions government)

Key provisions related to permits, guarantees, transfer ofresponsibility Transposition by mean of an ordinance in 2010Ordinance includes a public consultation through the internet +

review by various State departments (water ressource, mining)+ State Council

Law provisions can be found in article L. 229-27 to L. 229-54 of

the environmental code

Key provisions related to permits, guarantees, transfer ofresponsibility Transposition by mean of an ordinance in 2010Ordinance includes a public consultation through the internet +

review by various State departments (water ressource, mining)+ State Council

Law provisions can be found in article L. 229-27 to L. 229-54 ofthe environmental code

Law Level

Regulatory Level More detailed expectations and procedures

Transposition by mean of an executive decree (gov level)

Includes industrial and public consultation through the internet Includes review by various governmental forums + State CouncilRegulatory provisions can be found in article R. 229-57 to R.

229-102

More detailed expectations and procedures Transposition by mean of an executive decree (gov level) Includes industrial and public consultation through the internet Includes review by various governmental forums + State CouncilRegulatory provisions can be found in article R. 229-57 to R.

229-102

Provisions kept at a level as high as possible due to the specificity of this new technologylarge volumes, large area, long term, potential impact on drinkable water)

Provisions kept at a level as high as possible due to the specificity of this new technologylarge volumes, large area, long term, potential impact on drinkable water)


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Share between env ir onmen tal and m ining code

No dedicated legal framework for CCS: best use of existing rules. Whenever necessaryexisting rules have been completed / adapted.

No dedicated legal framework for CCS: best use of existing rules. Whenever necessaryexisting rules have been completed / adapted.

C02 storage is regulated by the environmental code Inserted under the GHG chapter Storage permits, FS, operation, changes, inspection based onhazardous industrial sites regulation: Installations Classes pour

la Protection de lEnvironnement

In addition, dedicated provisions for specific topics such as post-

closure, transfer of responsibility or third party access

C02 storage is regulated by the environmental code Inserted under the GHG chapter Storage permits, FS, operation, changes, inspection based onhazardous industrial sites regulation: Installations Classes pour

la Protection de lEnvironnement In addition, dedicated provisions for specific topics such as post-

closure, transfer of responsibility or third party access

EnvironnementalCode

Mining CodeBut relies for some aspects on mining rules

Access right to the underground: property rightGranting of exploration or storage permit open to all entities

Regulates exploration activities

But relies for some aspects on mining rules Access right to the underground: property rightGranting of exploration or storage permit open to all entities

Regulates exploration activities


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Opt ions taken when t ranspos ing

France and CCS



Options taken when transposingOptions taken when transposing


Issues


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Exploration permits Public consultation before granting of exploration permit Drilling activities and injection tests require dedicated authorizations

(which include environmental impact assessment and publicconsultation)

Injection tests can take place (R.229-60):

Limited to quantity strictly necessary for site characterisation

In any case limited to 100 kT Evidence that aquifer is unsuitable for other purposes waterressource) prior to injection

Set up of a public information commission whenever injection testundertaken (L. 229-30)

Exploration permits Public consultation before granting of exploration permit Drilling activities and injection tests require dedicated authorizations

(which include environmental impact assessment and publicconsultation)

Injection tests can take place (R.229-60):

Limited to quantity strictly necessary for site characterisation

In any case limited to 100 kT Evidence that aquifer is unsuitable for other purposes waterressource) prior to injection

Set up of a public information commission whenever injection testundertaken (L. 229-30)


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Storage permit: Storage activity requires access right to the underground + storagepermit, both submitted to public consultation (L. 229-37) Storage permit and concession awarded for a given period of time

(L. 229-38)

Set up of a public information commission (L. 229-40) Ministry of mine: granting of concession

Local representative of the government: granting of storage permit

Various plans reviewed at least every 5 years (L.229-38)

In case of permit withdrawal, the State does not intend to operate thesite: issue of new permit or site closuse (L. 229-43).

Storage permit: Storage activity requires access right to the underground + storagepermit, both submitted to public consultation (L. 229-37) Storage permit and concession awarded for a given period of time

(L. 229-38)

Set up of a public information commission (L. 229-40) Ministry of mine: granting of concession Local representative of the government: granting of storage permit

Various plans reviewed at least every 5 years (L.229-38)

In case of permit withdrawal, the State does not intend to operate thesite: issue of new permit or site closuse (L. 229-43).


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Post-closure period: Periodic report to be handed out during post-closure period (R. 229-84)

30 years long post-closure period (L. 229-43) Revision: can be shorten down to 10 years upon ministerial decision

(R.229-88)

Transfer of responsibility: Post-closure plan encompasses also post transfer of responsibility

period (L.229-38)

Financial mechanism encompasses surveillance & prevention measures(L.229-43)

Financial mechanism expanded to transfer of equipment, studies, anynecessary data (L.229-43)

Responsibility transfer taken upon ministerial decision (R.229-98)

Post-closure period: Periodic report to be handed out during post-closure period (R. 229-84)

30 years long post-closure period (L. 229-43) Revision: can be shorten down to 10 years upon ministerial decision

(R.229-88)

Transfer of responsibility: Post-closure plan encompasses also post transfer of responsibility

period (L.229-38)

Financial mechanism encompasses surveillance & prevention measures(L.229-43)

Financial mechanism expanded to transfer of equipment, studies, anynecessary data (L.229-43)

Responsibility transfer taken upon ministerial decision (R.229-98)


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Dif f icul t ies

Storage in aquifers / transposition of art 32 into geological formations which for natural reasons are permanently

unsuitable for other purposes Aquifers would have been more appropriate than geological

formation ? Geological formation refers to an open perimeter whereas storage

occupies a limited one Other purposes , though in the contexte of the WFD, was not

possible to clarify in the transpostion text.

Further difficulties to come: Financial security

Storage in aquifers / transposition of art 32 into geological formations which for natural reasons are permanently

unsuitable for other purposes

Aquifers would have been more appropriate than geologicalformation ?

Geological formation refers to an open perimeter whereas storageoccupies a limited one

Other purposes , though in the contexte of the WFD, was notpossible to clarify in the transpostion text.

Further difficulties to come: Financial security


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Publ ic consu l ta tion

France and CCS




Public consultationPublic consultation

Issues


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Publ ic con sul tat ion

Debate / National debate on CCS ?Debate on CCS as part of more general debate on sustainable developpementpolicy Grenelle de lenvironnement: Law n2009-967 Art 22 CO2 capture and

storage will be supported by the set up of appropriate legal framework and by participationto project funding

Public information took place while drafting the various transposition texts(internet consultation) Few inputs

Public consultation in CCS projectsPublic information / consultation takes place as part of any CCS project (local

action): Exploration permit: EIA + public consultation Injection tests: EIA + public consultation+ public information commission

Public debate for storage sites above 10 MT (Commission Nationale dudbat public): more extensive public inquest complementary to existingones

Concession: EIA + public inquest Storage permit : EIA + public inquest+ public information commission

Debate / National debate on CCS ?Debate on CCS as part of more general debate on sustainable developpementpolicy Grenelle de lenvironnement: Law n2009-967 Art 22 CO2 capture and

storage will be supported by the set up of appropriate legal framework and by participationto project funding

Public information took place while drafting the various transposition texts(internet consultation) Few inputs

Public consultation in CCS projectsPublic information / consultation takes place as part of any CCS project (local

action): Exploration permit: EIA + public consultation Injection tests: EIA + public consultation+ public information commission

Public debate for storage sites above 10 MT (Commission Nationale dudbat public): more extensive public inquest complementary to existingones

Concession: EIA + public inquest Storage permit : EIA + public inquest+ public information commission


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CCS is in a demonstration phase

A robust legal framework with high level guaranties andsafeguards is a necessity to accompany pilot and demo projects

Having a legal framework in place is one aspect of a broader

initiative: financing, demo, workshop, knowledge sharing are also

part of it

The learning curve does not only concern technologies, it also

concerns the regulatory framework. Pilot and demo projects alsoserve this aim

CCS is in a demonstration phase

A robust legal framework with high level guaranties andsafeguards is a necessity to accompany pilot and demo projects

Having a legal framework in place is one aspect of a broader

initiative: financing, demo, workshop, knowledge sharing are alsopart of it

The learning curve does not only concern technologies, it also

concerns the regulatory framework. Pilot and demo projects alsoserve this aim

Conc lus ion


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Lionel PERRETTECO2 capture, transport and storage

General Directorate for Energy and Climate Change

[email protected]

Lionel PERRETTECO2 capture, transport and storage

General Directorate for Energy and Climate Change

[email protected]

Thank yo u very much for your attent ion!
mailto:[email protected]:[email protected]:[email protected]

fr-111107 ieg transposition of the directive co synthesis

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