5.2.2 Regulatory regimes for site remediation worldwide

International regimes

The OSPAR Guidelines for Risk Assessment and Management of Storage of CO2 Streams in Geological Formations (OSPAR, 2007) include a Framework for Risk Assessment and Management (OSPAR-FRAM, 2007). FRAM sets out a framework for assessing the risks posed by a CO2 storage project to the marine environment. There are six stages of FRAM, the last of which ("f") focuses on risk management: including monitoring, mitigation and remediation measures. According to the Guidelines, any CO2 storage permit or approval must contain a risk management plan that should include (among others):

  • mitigation and remediation options including the pre-closure phases; and
  • requirement for a site closure plan, including a description of post-closure monitoring and mitigation and remediation options.

For leakage occurring through an active or abandoned well, the OSPAR Guidelines propose the following remediation methods:

  • Recapping wells or repairing faults in cement between rock and casings; and
  • Drilling intersecting wells followed by controlling the leak with heavy mud followed by recapping.

If leakage occurs through faults or fractures, recommended remediation methods are:

  • Lowering the injection pressure or the formation pressure by removing water or other fluids;
  • Halting the injection until the project is stabilised;
  • Transferring CO2 streams to a more suitable formation; and
  • Plugging the pathway by injecting sealing material.

The London Protocol parties adopted in 2012 Specific Guidelines for the Assessment of Carbon Dioxide for Disposal into Sub-seabed Geological Formations (LC, 2012) that take over many parts of the 'OSPAR FRAM' framework. In addition, a mitigation or remediation plan is separately defined. Such a plan should be in place to enable a rapid and effective response to leakage to the marine environment. Seismicity in the area, which could potentially lead to leakage, should be considered in these plans. The mitigation or remediation plan should consider the likelihood that carbon dioxide streams will migrate or leak as well as the types and magnitudes of potential effects of such migration or leakage over time. The requirements of the mitigation or remediation plan and the corresponding preventive and corrective measures are determined by national authorities on the basis of the potential impact of the migration or leakage on human health and the marine environment both in the short- and long-terms. If leakage poses a significant risk to the marine environment and cannot be controlled by any mitigation or remediation operation, injection should be ceased, or be modified, or the CO2 may be transferred to a more suitable location depending upon site-specific factors.

The IEA model regulatory framework (IEA, 2010) also uses the 'OSPAR FRAM' as one of the most important input materials. The OSPAR-FRAM chapter 6.8 provides a description, explanation and model text of regulation on corrective and remediation measures. According to the report, it is important that regulatory frameworks for COstorage ensure that any significant leakage, unintended migration or other irregularity in storage site operations are corrected in a timely manner and that any damages are remediated. CO₂ regulatory frameworks should stipulate both the entity that is to be financially liable for corrective measures and remediation measures and the entity required to perform those measures.

USA

The USEPA regulations, namely the Federal Requirements Under the Underground Injection Control Program for Carbon Dioxide Geologic Sequestration Wells (USEPA, 2010), require that the storage site owner or operator must develop and maintain an emergency and remedial response plan that describes actions to be taken to address events that may cause endangerment to underground sources of drinking water (USDW) during the construction, operation, and post-injection periods of the project. The plan should describe measures that would be taken in the event of adverse conditions at the well, such as a loss of mechanical integrity, the opening of faults or fractures within the area, or if movement of injection or formation fluids caused an endangerment to a USDW.

The plan should be site-specific and risk-based. Response in case of failure should be made through consultation between owners or operators and the Director (the person responsible for permitting, implementation, and compliance of the Underground Injection Control /UIC/ program) because each response action will be site and event specific. If an owner or operator obtains evidence of endangerment to a USDW, he or she must:

  • immediately cease injection;
  • take all steps reasonably necessary to identify and characterise any release;
  • notify the Director within 24 hours; and,
  • implement the approved emergency and remedial response plan.

Owners or operators must also periodically update the emergency and remedial response plan to incorporate changes to the area or other significant changes to the project.

The World Resources Institute provides Guidelines for Carbon Dioxide Capture, Transport, and Storage (WRI, 2008) where mitigation or remediation planning is an integral part of Storage Guideline 1: Recommended Guidelines for MMV. Remediation options need to be associated to every possible risk scenario. At the same time, risk assessments should provide the basis for mitigation/remediation plans for response to unexpected events; such plans should be developed and submitted to the regulator in support of the proposed MMV plan. The guidelines provide a nice overview of possible mitigation and remediation measures that can be applied in response to typical risk scenarios that appear in the risk assessment process of a CO2 storage project (see Tab. 5-3).

In addition to the Federal level of rules and guidelines, there are individual state regulations (e.g. Louisiana, Texas, Wyoming, etc.) that, however, usually do not include detailed provisions regarding remediation measures, except well plugging.

Tab. 5-3: Mitigation/remediation options associated with typical risk scenarios of a CO2 storage project (WRI, 2008).

O. Tab. 5-3

Canada

In Canada, the regulations predominantly fall under provincial jurisdiction. The provinces of Alberta and Saskatchewan have the most advanced regulatory frameworks. CO2 storage is usually handled in the framework of other activities (acid gas disposal, EOR) and no detailed requirements for remediation measures related specially to CCS are specified.

Australia

The Offshore Petroleum and Greenhouse Gas Storage Act (OPA, 2013) defines the term "serious situation", which in fact combines the terms "significant irregularity" and "leakage" according to the EU CCS Directive. In case of a "serious situation", the responsible Commonwealth Minister may direct the licensee, among others, to cease or suspend injection operations and undertake remediating activities. The Minister possesses considerable power and responsibility in such situations, which are properly described in the Act.

While the OPA act deals with Australian offshore, the onshore activities are covered by legislation of individual states, which mostly mirrors the Commonwealth acts. Usually, no detailed provisions regarding site remediation are provided.