Fluorinated GHGs

• Regulation (EC) No. 517/2014 of the European Parliament and of the Council on fluorinated greenhouse gases

Regulation 517/2014 (which revokes Regulation (EC) No 842/2006) entered into force on the 9th June 2014 and will apply to all Member States from the 1st January 2015. The new Regulation aims to further reduce F-gas emissions by extending containment provisions and promoting the use of low global warming potential (GWP) alternatives through market bans on certain products and equipment and phasing down the use of HFCs.

• Fluorinated Greenhouse Gases Regulations 2009

Fluorinated gases are man-made gases that are used in a number of different sectors. They have been developed to replace ozone depleting substances such as CFCs and HCFCs; typically found in refrigeration and air-conditioning equipment. Fluorinated gases are also found in fire fighting and electronics sectors.

Fluorinated gases are long-lived powerful greenhouse gases; and they are included in the ‘basket of gases’ under the Kyoto Protocol.

The main provisions in the Regulations cover: containment through responsible handling during use, recycling and end-of-life recovery; reporting on quantities produced, supplied, used and emitted.

The 2009 Regulations cover England, Wales and Scotland, and revoke and replace the 2008 Regulations and prescribe offences and penalties applicable to infringements of EU Regulation 842/2006 on certain fluorinated greenhouse gases (F gases), amongst others, as well as dealing with other requirements relating to leakage checking, reporting and labelling, together with proposed powers for authorised persons to enforce these Regulations.

• Kyoto Protocol to the United Nations Framework Convention on Climate Change

The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change. The major feature of the Kyoto Protocol is that it sets binding targets for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions .These amount to an average of five per cent against 1990 levels over the five-year period 2008-2012.

The major distinction between the Protocol and the Convention is that while the Convention encouraged industrialised countries to stabilize GHG emissions, the Protocol commits them to do so.

• Regulation (EC) 600/2012 on the verification of greenhouse gas emission reports and tonne-kilometre reports and the accreditation of verifiers pursuant to Directive 2003/87/EC

This Regulation came into effect on the 1st January 2013. It lays down provisions for the verification of reports submitted pursuant to Directive 2003/87/EC and for the accreditation and supervision of verifiers.

• Regulation (EC) 1493/2007 (OJ:L332/7/2007) on the format for the report to be submitted by producers, importers and exporters of certain fluorinated greenhouse gases (FGHGs)

This Regulation outlines the format for the report which producers, importers and exporters of certain FGHGs are required to submit under Regulation (EC) 517/2014.

The offshore industry guidance documents on the EU F-Gases Regulations have been updated.

• DECC Guidance document for the offshore oil / gas industry on the EU Fluorinated Greenhouse Gases (F-Gases) Regulation 842/2006 (July 2014).

Key changes to the guidance document include:

- Para 1.6 - New link to the latest details on the Consent to Locate (CTL) process;

- Para 2.3 part (c) item (i) - Clarification on records maintenance;

- Para 2.5 - Updated example of calculating GWPs;

- Para 4.1 - New link to other guidance sources;

- Paras 5.1 to 5.4 - Brief details pertaining to the new F-Gases Regulation (EU) No. 517/2014;

- Annex D - Updated Global Warming Potential (GWP) values for various substances; and

- Annex E - New ‘Regulatory Non-Compliance Notification Form’.

Additional guidance can be found on the DEFRA F-Gas Support website

No consent is required, although annual reporting where derogations or exemptions are being used is required to be submitted to DECC. 

DECC will regard the licensed operator (i.e. the licence holder) as being responsible for ensuring that the provisions of the EU F-Gases are complied with. Where another company is responsible for management of operations, the licensed operator will still need to make sure that sufficient systems and procedures are in place to ensure adherence to the requirements, e.g. where a MODU is in the field on contract.

Not Applicable.

Control of the placing on the market and use of controlled substances

F-Gas Containing Equipment

The placing on the market of certain F-Gas containing equipment is prohibited. This equipment is listed in Annex II to the EU Regulations. If any operators obtained such equipment on or after that date they may be required to remove it for safe disposal/destruction, unless it can be proven that it was manufactured before the applicable prohibition date.

Operators of refrigeration and air-conditioning systems, heat pumps (including their circuits) and fire-protection equipment are to:

• Prevent leaks of F-gases listed in Annex 1 to the EU F-Gas Regulations (i.e. HFCs, PFCs and SF6); and
• Repair detectable leakages ASAP (also see Reporting requirements) and check within one month that repairs have been effective.

Fire protection equipment installed before 4 July 2007 had to have a leakage detection system for F-Gases fitted by 4 July 2010 (obligations would be fulfilled where an existing inspection regime is in place to meet the ISO14520 standard) (also see Inspection)

Equipment containing >300kg of F-Gas should have a leakage detection system (LDS) installed (also see Inspection)

Where F-Gases are added on site to relevant equipment, the quantity added/resulting total quantity should be recorded on the existing label - in line with Commission Regulation (EC) No 1494/2007.

Operators are required to inspect relevant equipment for leakages according schedule provided in Annex A of the DECC Guidance on the EU F-Gases Regulations.

• 3 kg+ F-Gas - once every 12 months (except for appliances labelled as hermetically sealed and where the content of F-Gas is <6kg).
• 30 kg+ F-Gas - once every 6 months. Where leakage detection systems are installed inspections can be every 12 months.
• 300 kg+ F-Gas - once every 3 months. Equipment containing these levels of F-Gas should have a leakage detection system installed (to be checked every 12 months) - inspections would then be every 6 months.
• Fire protection equipment installed before 4 July 2007 had to have a leak detection system fitted by 4 July 2010. This obligation would be met if an inspection regime met ISO14520 standards.

The equpment or system also needs to be checked for leakage within one month after a leak has been detected to make sure the repair has been effective (it is recommended that Operators ensure leakage checks are undertaken by certified personnel).

Relevant equipment is to be inspected in line with the following recent EU Regulations on leakage checking standards:

• Commission Regulation (EC) No 1516/2007 establishing standard leakage checking requirements for stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases.
• Commission Regulation (EC) No 1497/2007 establishing, standard leakage checking requirements for stationary fire protection systems containing certain fluorinated greenhouse gases.

The following data should be reported:

• Data on total F-gas emissions to air from intentional/inherent and unintentional/accidental releases should be acquired by operators.
• Significant unintentional/accidental releases of F-gas emissions equal to or greater than 1,000 tonnes of CO2 equivalent must be reported (along with the corresponding amount in kgs) to DECC using the form at Annex C of the DECC F-Gas Guidance. A record of these types of emissions should also be maintained as indicated in Section 10 of the Annex B form in the DECC F-Gas Guidance. Where such emission are <1,000 t/CO/e then a record of these should be kep by Operators in accordance with SEction 10(a) of the Annex B form.
• Any potential, or actual instances of, regulatory non-compliance.

For relevant equipment containing 3 kg+ F-Gases, operators are also to maintain records of the:

• Quantity/type of F-gases installed and any quantities added;
• Any F-gases that are added to, or recovered from equipment on site during maintenance servicing and final disposal;
• Leakage checking/repairs - including the dates and results of the checks.
• Checks on the proper functioning of any leakage detection systems that are fitted to equipment - including the dates and results of the checks.
• Identification of the technician (or Company) who performed the servicing/maintenance/leakage checking - including any checks on leakage detection systems;
• Information identifying separate equipment with 30 kg+ and 300 kg+ of F-Gases.

The template provided in Annex B to the DECC F-Gas Guidance can be used for recording the above data.

These records are to be made available on request to DECC (for checking compliance and if needs be for responding to requests for such information from the EU Commission).

DECC put out an Environmental Alert in November 2013 alerting operators that many have not been reporting all F-Gas emissions to the atmosphere through the Environmental Emissions Monitoring System (EEMS). It is DECC’s understanding that this is attributed to a mistaken belief that if an F-Gas is not listed on the relevant EEMS reporting form then this eliminates the requirement to report the emission.
 
DECC reiterates the point that when operators become aware of the requirement to report an F-Gas to EEMS that is not included within the existing reporting form, they are requested to inform DECC by e-mail, who will then arrange for this product to be added to the return. This will ensure the details of the F-Gas are recorded on the system for future reporting.

Use and Service/Maintenance/Leakage Tests - Records to be maintained and made available to DECC on request.

Emissions to atmosphere - report via EEMS Portal (see EEMS website).

Non compliances should be reported to DECC's Offshore Inspectorate

EEMS report to be submitted by 7th February each year.

Unintentional/accidental releases of F-Gas > 1,000 tonnes CO2 equivalent - report within 48 hours of the incident occurring.

Other records are to be made available on request to DECC (i.e. for checking compliance and if needs be for responding to any requests for such information from the EU Commission).

Obligations enforced by the F-Gas Regulations 2009 which set out offences/penalties for non-conformance, powers include:

• Enforcement Notices
• Prohibition Notices (where serious risk of pollution)
• Court proceedings and financial penalties
• Fixed fee penalties for certain activities

The EU Commission undertook an extensive consultation in late 2011, and responses have now been received on this. According to responses, there was widespread support for tougher EU action on F-gases, but the complexity of the issue means that a mix of policies may be needed. The Commission hope to publish formal legislative proposals in Autumn 2012.

Information on the stakeholder event and results of the consultation are available on the EU Climate Page.

Any future EU proposals are likely to complement and be influenced by further UN negotiations on the international phase-down of HFCs.

DECC has produced a revised list of GWP values for F-gases. Click here for details.