Lybster CO2 storage: short life working group - terms of reference

Background

We recently commissioned SCCS (via Climatexchange) to explore the potential total CO2 storage capacity within inshore Scottish waters – those that are within 12 nautical miles of the shore. The study also looked at the current regulatory and licencing landscape, potential sources of biogenic CO2 and costs of inshore storage.

The study found that Lybster in Caithness is currently the only commercially viable CO2 storage within inshore waters, with an expected capacity of around two megatonnes. 

Scottish ministers have agreed in principle for CO2 to be stored at Lybster depending on the results of a ‘desk based’ exercise (and then all subsequent requisite licencing etc) to ensure that all legislative and operational aspects are understood, can be operationalised and are agreeable to Scottish ministers.

Aim

The aim of the working group is to establish if each of the bodies and agencies within the group understand their role and have the necessary legislation and process in place to fulfil this role. This will be supported by industry and academic expertise.

Remit

Following already established guidance on CO2 licencing and storage from the NSTA, the group will work through a theoretical licence application for CO2 storage at Lybster. Each of the bodies and agencies identified will work through the process from their perspective, identifying any unanswered questions, and identifying where there are legislative or operative deficiencies. 

Scottish ministers will be the licencing authority for CO2 storage, and so any decisions that Scottish ministers will need to make within that role will be identified and appropriate advice sought from the group (as an example, Ministers will have to determine how long after closure the storage site will need to be monitored).

Initial actions

The group will be invited to an initial meeting where any gaps in representation can be identified, the terms of reference agreed, and a work programme established.

Responsibilities

In addition to attending meetings, members will be expected to obtain feedback from their organisations to progress the work of the group. Members should expect that some of this work will take place outwith meetings.

Governance

The Scottish Government will provide all secretariat for the group. 

A record of decisions will be produced from each meeting. The TOR, meeting agendas and recorded actions will be available publicly on the group's webpage.

It is expected at the outset that the group will meet on up-to six occasions, once per month. 

Routine progress updates will be provided to ministers as the work of the short-life working group progresses.

Membership of the group

Participants have been invited to the group to offer their expertise which will be used to advise ministers around storing CO2 at Lybster.

Being part of the group does not imply that any member of the group will be involved in a licence for storage at Lybster in the future.

If Scottish ministers wish to proceed with CO2 storage at Lybster in the future, they would first have to appoint a licencing body on their behalf. Practice in England and Wales (through the NSTA) would suggest that a fair and open competition is held for a CO2 licence allocation, which Scottish Ministers may also wish to adopt.