4.1.3 Comparison between regulations in the US and in the EU

The World Resources Institute (WRI) developed a dynamic web-based tool that allows visitors to compare CCS regulations and regulatory proposals across a number of key issues. The tool compares CCS-specific regulations from EU (the EU CCS Directive), USA (the USEPA rules) and IEA Model Framework (IEA MRF) to each other to convey where key issues are managed similarly or differently and where they are not addressed. Based on this tool, major differences between the USEPA rules and the EU CCS Directive were found (WRI based tool):

  • Both regulations set monitoring durations (EPA 50 years and EU 20 years, but both are flexible in this respect) and anticipate to be decreased if evidence exist the storage project will not leak. However, the CCS Directive applies stricter performance-based standards requiring that all available evidence indicates that the stored CO2 will be completely and permanently contained.
  • Major differences exist on the storage site registration: the EU CCS Directive specifically mentions that a publicly accessible registry should be created and maintained, while EPA does not specify anything like it.
  • In terms of financial responsibility both require that the operator demonstrate financial responsibility for the expected costs of a storage project. However, the EU CCS Directive includes coverage for 30 years of monitoring as part of the plan; under the EPA rule the default time period would be 50 years, although this is not mentioned explicitly. In addition, the EPA addresses neither the funding for long-term stewardship nor the transfer of responsibility of the site to a long-term caretaker. Both regulations anticipate funding security.
  • EPA does not prescribe a mechanism for long-term stewardship after a site is closed, while the CCS Directive requires the transfer of responsibility for a closed site to a competent authority.
  • Major differences exist in terms of post-closure definition. EPA defines it as a period of time after injection, but before the site is closed, during which the operator is responsible for monitoring and verification. However, the CCS Directive defines post-closure as the time after the site is closed, including before and after responsibility of the site is transferred.
  • Injection pressure determination is also dissimilar: EPA states that operators cannot exceed 90% of the fracture pressure while the EU CCS Directive does not impose specific restrictions - the key question is whether the available storage space would be significantly decreased by and whether certain cap rocks would fail at an injection pressure greater than 90% of the fracture pressure.
  • Both rules include consideration about the area of elevated pressure as part of the project footprint that is monitored. EPA rules are much more definitive and specifically demand testing and monitoring. However, the EU CCS Directive does not explicitly mention an area of elevated pressure, but instead more generally focuses on monitoring "pressure-volume behaviour and areal/vertical distribution of CO2-plume."
  • Both preview the model updates and include provisions for using a predictive model that is based on operational data, which is updated throughout the project. The detailed provisions on the model updates differ slightly as the EPA's regulation requires updates also after a fixed period of time (every five years and when the area of review is updated).
  • Mixed approaches about monitoring requirements exist. Both frameworks identify data requirements for operational monitoring that are largely consistent and both recommend that the operator report the composition of the injected fluid, the volume injected, the flow rate, and reservoir pressure. Meanwhile, the EU CCS Directive focuses on the outcomes rather than on specifying methods. Moreover, the EPA rule does not specify reporting leakage emissions as an operational data requirement.

As concerns flexibility of monitoring area, choice of monitoring tools and sitting requirements focused on geological characteristics, both regulations are comparable.