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The Storage of Carbon Dioxide (Licensing etc.) Regulations (Northern Ireland) 2015

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Regulation 6

SCHEDULE 1PROVISIONS TO BE INCLUDED IN A LICENCE

Closure of storage site by the operator

1.—(1) If a storage permit is granted under the licence in respect of a storage site then, subject to regulation 12 of the Storage of Carbon Dioxide (Licensing etc.) Regulations (Northern Ireland) 2015 (“the Regulations”), the operator shall close the storage site if the conditions referred to in regulation 9(1)(k) of the Regulations are met.

(2) The operator may close the storage site if—

(a)the consent of the authority has been given following an application under sub-paragraph (3), and

(b)any conditions attached to that consent have been met.

(3) An application for the authority’s consent to the closure of the storage site shall—

(a)be made in writing and sent to the Department of Enterprise, Trade and Investment; and

(b)contain the reasons why the operator proposes to close the storage site.

(4) A storage site shall not be closed under sub-paragraph (1) or (2) until the terms of the post-closure plan have been determined under regulation 13(3) of the Regulations.

Post-closure plan

2.—(1) Prior to the closure of the storage site in accordance with paragraph 1(1) or (2) the operator shall submit a proposed post-closure plan to the authority for approval.

(2) The proposed post-closure plan shall be based on the provisional post-closure plan, subject to any modifications proposed by the operator.

(3) In deciding whether to propose any such modifications, the operator shall take into account—

(a)an analysis of the relevant risks;

(b)current best practice; and

(c)any improvements in the available technology.

Post-closure obligations

3.—(1) After the storage site has been closed and until the licence is terminated, the operator shall continue to comply with the obligations in the storage permit to—

(a)monitor the storage site;

(b)report and notify leakages and significant irregularities (with the exception of the obligation to provide information on the quantities, properties and composition of the CO2 streams that have been delivered to and injected into the storage site); and

(c)take corrective measures.

(2) For the purpose of complying with the obligations referred to in sub-paragraph (1), any reference to the monitoring plan or the corrective measures plan is to be read as a reference to the post-closure plan.

(3) The operator shall seal the storage site and remove the injection facilities and, where applicable, in accordance with Part 4 of the Petroleum Act 1998.

Extraction of stored CO2

4.  The operator shall not (and shall not permit any other person to) extract stored CO2 from the storage site except with the prior written consent of the authority and in accordance with any conditions subject to which any such consent is given.

Interpretation

5.—(1) In this licence the following expressions have the meanings given by regulation 2(3) of the Storage of Carbon Dioxide (Licensing etc.) Regulations (Northern Ireland) 2015—

“the authority”;

“corrective measures plan”;

“injection”;

“licence”;

“monitoring plan”;

“operator”;

“post-closure plan”;

“provisional post-closure plan”; and

“storage permit”.

(2) The following expressions have the meanings given by Article 3 of Directive 2009/31/EC of the European Parliament and of the Council of 29 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (and cognate expressions are to be construed accordingly)—

“closure” (in relation to a storage site);

“corrective measures”;

“CO2 stream”;

“leakage”;

“significant irregularity”;

“storage site”.

Regulation 9(2)

SCHEDULE 2PROVISIONS TO BE INCLUDED IN A STORAGE PERMIT

Acceptance and injection of CO2

1.—(1) In order to be injected into the storage site the CO2 stream shall consist overwhelmingly of carbon dioxide, and shall in particular satisfy the conditions in sub-paragraph (2).

(2) The CO2 stream—

(a)shall contain no waste or other matter added for the purposes of disposal;

(b)may contain incidental substances or trace substances (to the extent permitted by any legislation applicable to those substances), but only if the concentration of all such substances are below levels that would—

(i)adversely affect the integrity of the storage site or the relevant transport infrastructure, or

(ii)pose a significant risk to the environment or human health.

(3) In sub-paragraph (2)—

(a)“incidental substance” means a substance which has become associated with the CO2, either at its original source or as a result of the process of capture or injection; and

(b)“trace substance” means a substance which has been added to the CO2 in order to assist in the monitoring and verifying of its migration after injection.

(4) Before accepting and injecting the CO2 stream the operator shall ensure that the conditions in sub-paragraphs (1) and (2) can be met, by carrying out—

(a)an analysis of the composition of the stream, and in particular of any corrosive substances that may be present in it; and

(b)an assessment of the risk that the stream will fail to comply with those conditions.

(5) The operator shall maintain a register, at a place and in a manner approved by the authority, of the quantities and properties of the CO2 streams that have been delivered to, and injected into, the storage site (including the composition of those streams).

Monitoring

2.—(1) The operator shall carry out a programme of monitoring of the storage complex and injection facilities for the purposes specified in sub-paragraph (3).

(2) Such monitoring shall include (where possible) the monitoring of the CO2 plume, and (where appropriate) of the surrounding environment.

(3) The purposes are—

(a)the comparison of the actual and modelled behaviour of the CO2 (and the naturally-occurring formation water) in the storage site;

(b)the detection of any significant irregularities;

(c)the detection of any migration of CO2;

(d)the detection of any leakage of CO2;

(e)the detection of any significant adverse effects on the surrounding environment, and in particular on—

(i)drinking water;

(ii)human populations; and

(iii)users of the surrounding biosphere;

(f)the assessment of the effectiveness of any corrective measures taken;

(g)updating the assessment of the safety and integrity, both short-term and long-term, of the storage complex (including the assessment of whether the stored CO2 will be completely and permanently contained).

(4) The monitoring shall be based on the monitoring plan.

(5) The monitoring plan shall be updated in accordance with Annex II to the Directive, and in any event within five years of the original plan, in order to take account of—

(a)changes to the assessed risk of leakage;

(b)changes to the assessed risks to the environment and human health;

(c)new scientific knowledge; and

(d)improvements in best available technology.

(6) The updated plan shall be submitted for approval by the authority.

(7) The authority may—

(a)approve that plan; or

(b)require the operator to make such modifications to it as the authority (after consulting the operator) considers necessary,

and the updated monitoring plan is the plan as so approved or modified.

(8) Sub-paragraphs (5) to (7) apply to the further updating of an updated plan as they apply to the updating of the original plan.

Reporting and notification of leakages and significant irregularities

3.—(1) The operator shall send to the authority a report in respect of each reporting period containing the information specified in sub-paragraph (5).

(2) The report shall be sent to the authority no later than four weeks after the end of the relevant reporting period.

(3) Unless the authority determines otherwise under sub-paragraph (4), the reporting periods are the period of one year beginning with the commencement of injection, and each subsequent yearly period.

(4) At any time before the commencement of injection, or during a current reporting period, the authority may notify the operator that (beginning with the next reporting period) reporting periods are to be a period of less than one year as is specified in the notice.

(5) The information is—

(a)the results of the monitoring carried out in accordance with the provisions of the storage permit (including details of the monitoring technology employed);

(b)the quantities, properties and composition of the CO2 streams delivered to and injected into the storage site in the reporting period, and registered by the operator under paragraph 1(5);

(c)proof that the financial security required by paragraph 7 has come into effect and remains in force;

(d)any other information requested by the authority that the authority considers relevant for the purposes of assessing compliance with the conditions of the storage permit or for increasing knowledge of the behaviour of the CO2 stored at the storage site.

(6) If the operator becomes aware of any leakages or significant irregularities, the operator shall immediately notify the authority.

(7) If the operator becomes aware of any leakages or significant irregularities which imply the risk of leakage, the operator shall immediately notify the person who is the regulator in relation to the storage site for the purposes of the legislation implementing the ETS Directive.

Notification and implementation of changes

4.—(1) The operator shall notify the authority of any change planned in the operation of the storage site, including any change concerning the operator.

(2) A notification under sub-paragraph (1) shall specify the date on which the operator proposes to implement the planned change (“the target date”).

(3) Except where sub-paragraph (4) applies, such a notification shall be given at least three months before the target date.

(4) If the change solely concerns the operator, the notification shall be given at least four weeks before the target date.

(5) The change may not be implemented before the later of—

(a)the target date, or any date notified under regulation 11(4)(b) of the Regulations; or

(b)the date notified by the authority in accordance with regulation 11(1)(b)(ii) of the Regulations.

(6) The change may not be implemented if the authority gives notification to that effect under regulation 11(2)(b) of the Regulations.

(7) Notwithstanding sub-paragraphs (5) and (6), the change may be implemented on or after the later of the dates referred to in sub-paragraph (5)(a) if the authority has not before then given notification under regulation 11(1)(b)(ii) or (2)(b) of the Regulations.

Review, and modification or revocation of the storage permit

5.  The permit shall be reviewed, and where necessary modified or (as a last resort) revoked, by the authority in accordance with regulation 11 of the Regulations.

Corrective measures

6.—(1) If the operator becomes aware of any leakages or significant irregularities, the operator shall take the necessary corrective measures and measures for the protection of human health.

(2) Subject to regulation 10, the measures taken shall include those set out in the corrective measures plan.

Financial security

7.—(1) The operator shall maintain a financial security that—

(a)is of an amount (“the secured amount”) sufficient to ensure that the obligations specified in sub-paragraph (5) can be met;

(b)is in force before the commencement of injection; and

(c)subject to sub-paragraph (2), remains in force until the licence is terminated.

(2) If the storage permit is revoked, the financial security shall remain in force—

(a)until a new storage permit is granted; or

(b)if the storage site is closed following such revocation, until the licence is terminated and the financial contribution obligation is fulfilled.

(3) Following receipt of each report made by the operator in accordance with paragraph 3(1) to (5), the authority shall assess whether the secured amount is appropriate in the light of—

(a)the assessed risk of leakage; and

(b)the estimated costs of meeting the obligations specified in sub-paragraph (5).

(4) If, following that assessment, the authority decides that the secured amount is to be adjusted—

(a)the authority shall notify the operator of the new amount that is required; and

(b)if the secured amount is less than that new amount, the operator shall within three months of receiving that notification—

(i)ensure that the secured amount is increased to the new amount; and

(ii)furnish evidence of such increase to the authority.

(5) The obligations are—

(a)all obligations of the operator arising under the storage permit, including those arising in respect of the closure of the storage site and during the period between such closure and the termination of the licence;

(b)the obligation to pay the authority’s costs under regulation 10(4)(b) or 12(6);

(c)any obligations of the operator arising in respect of the storage site under legislation implementing the ETS Directive; and

(d)the obligation to provide the financial contribution to the authority in accordance with Article 20(1) of the Directive.

(6) Where the storage permit is revoked—

(a)the obligations of the operator under this paragraph continue in effect until the licence is terminated, but

(b)the assessment by the authority under sub-paragraph (3) is to be made at such intervals as the authority may determine.

Interpretation

8.—(1) In this storage permit—

(a)“the Regulations” means the Storage of Carbon Dioxide (Licensing etc.) Regulations (Northern Ireland) 2015;

(b)the following expressions have the meanings given by regulation 2(3) of the Regulations;

“the authority”;

“CO2”;

“corrective measures plan”;

“the Directive”;

“the ETS Directive”;

“financial security”;

“injection”;

“licence”;

“monitoring plan”;

“operator”;

“storage permit”.

(2) The following expressions have the meanings given by Article 3 of the Directive (and cognate expressions are to be construed accordingly)—

“closure” (in relation to a storage site);

“corrective measures”;

“CO2 plume”;

“CO2 stream”;

“leakage”;

“migration”;

“significant irregularity”;

“significant risk”;

“storage complex”;

“storage site”;

“waste”.

Regulation 16(1)

SCHEDULE 3POWERS OF INSPECTORS

1.  The powers of an inspector are—

(a)to enter, at any reasonable time (or, in an emergency, at any time) any premises which the inspector has reason to believe it is necessary to enter;

(b)on entering any premises by virtue of sub-paragraph (a), to—

(i)be accompanied by any other inspector or person; and

(ii)take any equipment or materials,

as the inspector considers necessary for the purpose for which entry is made;

(c)to make such examination and investigation as the inspector considers necessary, and for this purpose to install or maintain monitoring or other apparatus on the premises;

(d)to direct that the premises or any part of them, or any thing in or on them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);

(e)to take such measurements and photographs and make such recordings as the inspector considers necessary for the purpose of any examination or investigation under sub-paragraph (c);

(f)to take samples or cause samples to be taken of any thing found in or on the premises or in any air, water, land or seabed (including the subsoil of the seabed) in, or in the vicinity of, the premises;

(g)subject to paragraphs 2 and 3, in the case of any thing found in or on the premises, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary);

(h)in the case of any thing referred to in sub-paragraph (g), to take possession of it and detain it for so long as is necessary for all or any of the following purposes—

(i)to examine it, or cause it to be examined, and do to it anything which the inspector has power to do under that sub-paragraph;

(ii)to ensure that it is not tampered with before examination of it is completed; and

(iii)to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations or under Chapter 3.

(i)to require any person whom the inspector has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c) to provide the inspector with such information as the inspector may reasonably require for the purpose of any such examination or investigation;

(j)to require the production of (or where the information is recorded in computerised form, the furnishing of extracts from), and to inspect and take copies of (or of any entry in)—

(i)any records which are required to be kept by virtue of any provision of a licence or storage permit; or

(ii)any records which the inspector considers it necessary to see for the purposes of an examination or investigation under sub-paragraph (c); and

(k)to require any person to afford the inspector such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable the inspector to exercise any of the powers conferred on the inspector by these Regulations and this Schedule.

2.  Where an inspector proposes to exercise the power conferred by paragraph 1(g) in the case of any thing found in or on any premises, the inspector shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

3.  Before exercising the power conferred by paragraph 1(g), an inspector shall consult—

(a)such persons having duties on the premises where the thing is to be dismantled or subjected to the process or test; and

(b)such other persons,

as appear to the inspector appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which the inspector proposes to do or cause to be done under the power.

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