이산화탄소 포집, 수송 및 저장(CCS) 시설에 대한 승인유형에 관한 연구

Abstract

The recently adopted CCS law in Germany provides the legal framework for the testing of technologies for capturing and storing carbon dioxide (English: Carbon dioxide capture and storage - CCS). In the CCS process, the carbon dioxide emitted by industry and coal power plants is to be deposited and stored in underground storage facilities for the interests of climate protection. The KSPG regulates each the approval procedure for transmission lines, for exploring possible storage facilities, the storage facilities itself and its decommissioning. For the immission control authorization procedures is especially important that the new construction of CO2 separation systems requires permission under column 1 of the Annex(The 4th BImSchV). When retrofitting an industrial plant with a CO2 capture plant, a modification permit is necessary pursuant to § 16 BImSchG. The article gives an overview and legal nature, which conditions are imposed on permits testing of CCS technology, and illuminates the approvals from the carbon dioxide storage in Korea. 1. Construction, operation and substantial change of a carbon dioxide capture system requires permission(Genehmigung). And for the closure of a carbon dioxide storage shall require permission. Provided that the conditions of permission are met, there is a legal entitlement to permission(Rechtsanspruch auf Erteilung der Genehmigung) (bound administrative act ; gebundener Verwaltungsakt). The Federal Pollution Act(Bundes-immissionsschutzgesetz) follows insofar as the regulatory model of preventive ban with permit reservation (praeventives Verbot mit Erlaubnisvorbehalt). 2. Construction, operation and substantial change of carbon dioxide lines require prior planning approval(Planfeststellung) by the competent authority. And the establishment, operation and substantial change of carbon dioxide storage requires the previous planning approval by the competent authority. 3. The investigation of the subsurface for its suitability for the construction of carbon dioxide storage must be permitted. Legal nature of the permission is Kozession.