Contents Contents i 1 Introduction 1 1.1 Subjects of the Thesis . 1 1.2 Legal Sources and Methodology . 2 1.2.1 Legislation . 2 1.2.2 Legal Question . 3 1.2.3 Structure of the Thesis . 4 2 Legislation on waste incineration: comparing the Danish and Italian approaches 7 2.1 The Danish approach: The Environment Protection Act . 8 2.2 The Italian approach: Testo Unico Ambiente . 9 2.3 Duties of Local Authorities . 10 2.3.1 Denmark . 10 2.3.2 Italy . 12 2.3.3 Observations . 13 2.4 Waste Tax . 14 2.4.1 Denmark . 14 2.4.2 Italy . 17 2.4.3 Observations . 18 2.5 European Waste Directives . 19 2.5.1 Implementation of the Landfill Directive . 20 2.5.2 The Waste Framework Directive . 22 3 District Heating and Waste to Energy 25 3.1 District Heating . 25 3.2 Danish legislation on District Heating . 25 3.2.1 The Public Heating Act . 26 3.3 Waste to Energy taxation . 28 3.3.1 Waste Incineration . 28 3.3.2 The waste heat tax . 30 3.3.3 Waste incineration plants and CO2 quotas . 30 4 Carbon Capture and Storage 33 4.1 The potential of Carbon Dioxide Removal . 34 4.1.1 CCS and Environmental law principles . 35 4.1.2 The European CCS Directive . 35 4.2 How does CCS work? . 37 i Contents 4.2.1 Storage Capacity . 37 4.2.2 Environmental Protection Regulation . 37 4.3 CCS and Waste to Energy . 38 5 Conclusions 41 Bibliography 43 ii Chapter 1 Introduction 1.1 Subjects of the Thesis In this thesis, the role of Danish legislation had in making Denmark one of the front runners in Waste to Energy is discussed. The Italian experience will be used as a subject of comparison to understand how two different legal approaches to the same problem, may produce completely different outcomes. Waste incineration, especially in Denmark, has a long history. In past times, it was used as fast remedy to get rid of waste without any attention to possible environmental problems. Nowadays, waste incineration has gained a new dress for the gala ball. The new generation of Waste to Energy facilities have low GHGs emission, high-efficiency level and often they work together with a renewable energy source (such as wind energy) or Carbon Capture and Storage (CCS). Denmark, as others Nordic countries, has made huge investments on waste incineration1 before and Waste to Energy2 now. The European Union thanks to its high environmental goals and GHGs emission reduction, has had an important role in the development of greener Waste to Energy facilities. Waste management with climate change mitigation is among the main policy challenges in the European Union Environmental Agenda. The Waste Framework Directive (Directive 2008/98/EC) allowed high- efficiency installations, such as waste incineration with energy/steam production, to step up in the waste hierarchy and be labeled as “recovery” rather than “disposal”. By doing this, Waste to Energy got a role in the European circular economy system. Waste to Energy plants have a crucial role in safeguarding a non-toxic cycle and treating not recyclable waste. Their role is to decontaminate the waste streams, removing waste with toxic substances from the recycling circle. Waste to Energy plant helps to achieve a clean circular economy by acting as a sink for pollutants. The only alternative treatment for this waste stream would be landfilling which is the least desirable option concerning the European Waste Hierarchy (Art.4 of Directive 2008/98/EC) and climate protection goals. Since the introduction of the first Landfill Directive (1999/31/EC), land- fill diversion, and promotion of alternative forms of waste disposal have been seen as key policies to attain a good environmental status. The serious health and environmental problems caused by groundwater leakages, microplastic pollution and methane emissions from landfills pushed the European Union to issue various directives to promote the use of alternative disposal methodologies. 1Incineration is a waste treatment process that involves the combustion of organic substances contained in waste materials. 2Waste-to-Energy (WtE) is the process of generating energy in the form of electricity and/or heat from the primary treatment of waste, or the processing of waste into a fuel source 1 1. Introduction The most important step in this transition has been the Waste Framework Directive (Directive 2008/98/EC) which guides the European waste management evolution towards a “recycling society”. The cornerstone of the directive was the consolidation of the waste hierarchy, i.e, a ranking of waste choices, in which prevention is the preferred one and landfilling the worst possible option. The second step in this long path is the promulgation of the Circular Economy package in 2015, which settles the basis for a new definition of the European economic system. The European Parliament proposes a new conception of the economy in which production is a circular flow, based on a solid combination of reusing, repairing, refurbishing, and recycling, with the final aim of turning waste into resources. However, despite all efforts in source separation, there will always be some biodegradable part in the fraction of industrial, commercial, and municipal waste, which is not suitable for quality recycling or composting, at this step Waste to Energy plants play their role. The profound reorganization of the entire waste management system led to a sudden increase in recycling and incineration activities which, in 2010 accounted, on average, for more than 60 [MR09] percent of the total Danish waste treatment. This important goal has been achieved thanks to landfill diversion. 1.2 Legal Sources and Methodology This thesis has as core point the analysis of the Danish waste model which recognizes a strong role to waste incineration. Throughout the study of Danish waste regulations, the reasons why waste incineration has gained an essential role in Denmark are examined. The thesis analyses Danish waste regulation from its early beginning and the district heating system, without which it would have been impossible for Denmark to have such a high incineration rate. Denmark included waste incineration into its waste management system incentivizing Waste to Energy conversion and discouraging landfilling throughout successive legal steps. The analysis of the "Danish Model" takes Italy as a yardstick to better understand the efficacy of Danish waste regulations. Carbon Capture and Storage will be analyzed in the final chapter of this thesis because it offers an effective solution to climate change problems. The thesis chooses to analyze how the Danish waste regulation has led to efficient waste incineration, according to Climate Change goals. This should offer a new perspective on how to look at waste incineration. 1.2.1 Legislation This thesis will discuss the relevant European directives regarding Waste manage- ment and Carbon Capture and Storage which have introduced and incentivised the development of related national policies and green technologies. 2 Legal Sources and Methodology Concerning to waste management, the main piece of legislation at the Eu- ropean level is the Waste Framework Directive (WFD -2008/98/EC) which has set clear waste prevention procedures, including reporting, reviewing, monitoring, and evaluating national waste regulations and waste data such as recycling/incin- eration/landfill rate. Based on the WFD, the European Commission will offer support to the Member States in developing waste prevention programs through guidelines and information sharing on best practices. Monitoring and evaluating waste prevention practices are critical activities, as they constitute the main tools to allow policymakers, at both national and local levels, to develop their strategic plans and to ensure that waste prevention initiatives are effective and produce behavioural changes. The Waste Framework Directive works in synergy with the Renewable Energy Directive, Industrial Emissions Directive 2010/75/EC, and EIA Directive. The last chapter of the thesis takes as virtuous example the Norwegian waste to energy plants in Oslo, Klemetsrud, on which has added a CCS system. For this reason, it is also important to outline the EEA Agreement (Directive 98/2008/EC), which entered into force on 1st January 1994. This agreement brings together the EU Member States and the three EEA EFTA States - Iceland, Liechtenstein, and Norway - in a single market, referred to as the "Internal Market". The agreement involves common rules and requirements for goods and services applying to health and safety, environmental protection and consumer protection. The Directive 98/2008/EC has as major principles the protection of the environment and human health and for this reason, the Directive has been implemented in Norway by regulation No. 1042 amending the Regulation on the waste recycling. 1.2.2 Legal Question The thesis work deals with the obligations arising from waste management under EU law and the most important legal tools used by Denmark to shape its waste management. The thesis does not claim to cover every aspect arising from EU law and all aspects of Danish waste management. Instead, it aims to provide a balanced overview of the most critical Member State’s obligations regarding waste law and the legal tools needed to develop appropriate waste management in which waste incineration has a prominent role. The use of many legal tolls is required in order to reach satisfying waste management which can prevent, and contain environmental and health issues. The thesis has the purpose of presenting and analyzing the most important ones. As stated above, the thesis presents the whole incineration cycle from lo- cal authorities’ duty to Carbon Capture and Storage and the most important 3 1. Introduction legal steps introduced by Denmark to reach its waste management efficiency and how similar legal steps could be applied to different and more significant reality such as Italy.