Carbon capture usage and storage—permitting requirements
Produced in partnership with Begonia Filgueira of Foot Anstey
Carbon capture usage and storage—permitting requirements

The following Environment guidance note Produced in partnership with Begonia Filgueira of Foot Anstey provides comprehensive and up to date legal information covering:

  • Carbon capture usage and storage—permitting requirements
  • Brexit impact
  • What is carbon capture and storage (CCS)?
  • Implementation of the Carbon Capture and Storage Directive 2009 (CCS Directive)
  • Permits and licences
  • Permit application requirements
  • Granting a permit
  • Permit conditions
  • Licensing /permitting authority
  • Monitoring, inspection, notifications and reporting
  • more

Brexit impact

As of exit day (31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

What is carbon capture and storage (CCS)?

CCS is a method of reducing carbon dioxide emissions to the atmosphere from sources such as fossil fuel power stations. It generally involves three steps:

  1. capturing carbon dioxide (CO2) from power plants or industry and compressing it to a liquid state

  2. transporting the CO2 (usually via pipelines) to deep geological storage points such as depleted oil and gas fields or deep saline aquifers

  3. storing the CO2 in these sites

CCS was re-badged as carbon capture usage and storage (CCUS) in the government’s Clean Growth Strategy 2017. This change reflects the fact that the captured CO2 can either be used in long-term storage or used in industrial processes.

Implementation of the Carbon Capture and Storage Directive 2009 (CCS Directive)

The CCS Directive is an enabling directive as it does not require Member States to develop CCS but where CCS is developed, it must