The International Maritime Organization And Ocean Dumping—Update On Carbon Capture And Seabed Storage

The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the “London Convention”) is an international treaty spearheaded by The International Maritime Organization (“IMO”) Contracting Parties in a collective endeavor to protect the marine environment. The United States ratified the London Convention on April 29, 1974, and the treaty entered into force 50 years ago on August 30, 1975.

In 1996, the Contracting Parties to the London Convention negotiated a subsequent treaty known as the London Protocol, which broadens the ambit of protection from marine transport to the marine environment. Although the United States signed the London Protocol in 1996, the U.S. has not ratified the London Protocol. Annex I of the London Protocol provides for the capture of Carbon Dioxide and ‘sequestration in sub-seabed geological formations.' Annex I also contains guidelines for compliance with capture and sequestration of Carbon Dioxide.

The United States complies with all requirements of the London Convention and the London Protocol through the Marine Protection, Research and Sanctuaries Act (“MPRSA”)¹ The United States participates in the annual Consultive Meeting of the Contracting Parties to the London Protocol and London Convention, and further participates in the meetings of the London Convention Scientific Group. The EPA, the State Department, the Navy, NOAA, the Coast Guard, the Department of Energy are a few of the active participants. The United States also submits an annual Ocean Dumping Report to the Secretariat for the London Convention.²

The IMO is currently focused on Carbon Capture and Storage /Sequestration (“CCS”) to capture Carbon Dioxide and combat global warming.³ Once the Carbon Dioxide is captured using a variety of methods,⁴ it is compressed into a liquid state and dehydrated to enable it to be transported by tanks, pipelines, or ships to a storage site, where it is injected into deep underground rock formations more than one kilogram beneath the sea floor to permanently retain the liquid Carbon Dioxide.⁵ One overriding concern is to ameliorate any risk of leakage or spillage of Carbon Dioxide from geologic formations and to eliminate damage to the marine environment.

In 2009, the Contracting Parties to the London Protocol amended Article 6 of the Convention to allow Member States to export Carbon Dioxide internationally, although this Amendment has not yet been entered into force.⁶ In 2012, the Contracting Parties to the London Convention and London Protocol developed the Risk Assessment and Management Framework for Carbon Dioxide Sequestration in Sub-Seabed Geological Structures.⁷ In addition, Specific Guidelines on Assessment of Carbon Dioxide Streams for Disposal into a Sub-Seabed Geological Formations were developed to comply with the requirements of the London Convention, London Protocol, and other applicable conventions.⁸

The mandatory requirements for ship transport of liquid Carbon Dioxide are governed by the IGC Code and the IMDG Code of the IMO. Specifically, the International Code for the Construction and Equipment of Ships Carry Liquified Gasses in Bulk (“IGC Code”) contains compulsory design requirements, including specifications for the imperative temperature, pressure, and containment systems for Carbon Dioxide aboard ships.⁹ The International Maritime Dangerous Goods (IMDG) Code¹⁰ contains requirements for the transport of dangerous goods pursuant to Chapter VII of the International Convention for the Safety of Life at Sea, 1974 (SOLAS), and MARPOL.

Footnotes

1 33 U.S.C. §§ 1401 – 1421, also known as the Ocean Dumping Act.

2 https://www.epa.gov/marine-protection-permitting/london-convention-and-londonprotocol-international-treatiesprevent#:~:text=The%20Convention%20on%20the%20Prevention,protect%20and%20preser ve%20our%20oce

3 https://www.imo.org/en/mediacentre/hottopics/pages/carbon-capture-and-storage- (ccs).aspx

4 CCS is currently used in other industrial settings. https://en.wikipedia.org/wiki/Carbon_capture_and_storage

5 https://www.imo.org/en/mediacentre/hottopics/pages/carbon-capture-and-storage- (ccs).aspx

6 Id.

7 https://view.officeapps.live.com/op/view.aspx?src=https://wwwcdn.imo.org/localresou rces/en/OurWork/Environment/Documents/CO2SEQUEST RATIONRAMF2006.doc&wdOrig in=BROWSELINK

8 https://wwwcdn.imo.org/localresources/en/OurWork/Environment/Documents/2012%2 0SPECIFIC%20GUIDELINES%20FOR%20THE%20ASSESSMENT%20OF%20CARBON%20DIO XIDE.pdf

9 https://www.imo.org/en/ourwork/environment/pages/igccode.aspx

10 https://www.imo.org/en/ourwork/safety/pages/dangerousgoodsdefault.aspx#:~:text=The%20IMDG%20Code%20was%20developed%2cprevent%20pollutio n%20to%20the%20enviro

Originally published by Association of Transportation Law Professionals.

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