Regulating CCS
CCS is an emerging process and is not specifically addressed by GB health and safety legislation. However, existing legislation can be used to effectively regulate the safety of the CCS process chain. In particular the Health and Safety at Work etc. Act 1974 (HSWA) applies to CCS processes onshore and, from April 2013, offshore. Sections 2 and 3 of HSWA require employers to ensure the health and safety of workers and members of the public, so far as is reasonably practicable. CCS does not currently attract duties under GB major accident hazard legislation. However, the general duties under the existing legislation means that CCS operators will be required to take a proportionate approach to managing all CCS risks.
In addition the following legislation will also apply to the CCS process chain:
- Pipelines Safety Regulations 1996 (PSR): For onshore and offshore pipelines Part II of PSR, which covers safe design and operation, will apply to CO2 pipelines.
- Control of Major Accident Hazards Regulations 1999 (COMAH): Where CO2 capture sites use dangerous substances in quantities above a certain threshold COMAH will apply to the whole site. In these cases the site operator will be required to submit a safety report to HSE.
- Offshore Installations (Safety Case) Regulations 1995 (OSCR): Where Enhanced Oil Recovery (EOR) is undertaken at an offshore installation as part of the CO2 storage process OSCR will apply and the operator will be required to submit an offshore safety case to HSE.