Ozone Depleting Substances and Fluorinated GHGs

• EC Regulation No 1005/2009 on substances that deplete the ozone layer
• EC Regulation No 744/2010 amending EC Regulation No 1005/2009 with regard to the critical use of halons

These Regulations consolidate and replace EC Regulation 2037/2000 as amended as well as introducing tighter controls on the use/reuse of certain controlled substances. The Regulations apply directly to EU Member States. UK Statutory Instruments providing for EC Regulation 2037/2000 will continue to be in force until updated/amended for the new consolidated Regulation (see Pending Legislation).

EC Regulation No 744/2010 extends the cut off date for the use of certain essential uses of halons in fire protection systems (see Performance Standards).

• Environmental Protection (Controls on Ozone Depleting Substances) Regulations 2002

These Regulations make provision in the UK for EC Regulation 2037/2000 (as amended) and provide for a system of measures and penalties to control (amongst others) the emission of certain substances (in particular halons) that deplete the ozone layer. See Pending Legislation.

• Environmental Protection (Controls on Ozone-Depleting Substances) (Amendment) Regulations 2008

These Regulations amend the 2002 Regulations and extend them to offshore installations. Amongst other intentions the proposed amending Regulations:

Amend the powers currently provided for enforcement of the obligations in EC Regulation 2037/2000 on substances that deplete the ozone layer so as to provide additional enforcement powers for the Environment Agency, the Scottish Environment Protection Agency and local authorities and to remove references to any functions to be exercised by the Health and Safety Executive;

Apply the relevant provisions of the amended SI 2002/528 to offshore oil and gas installations;

Set new offences and penalties in relation to failure to supply information/records about halon exports and production/use of bromochloromethane in breach of EU/international bans;

Provide powers for the Secretary of State to require persons to dispose of improper exports of a controlled substance, a product or equipment and for it to be an offence for failure to do so.

• Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases
  
  
• 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.

NB: Although Fluorinated gases do not damage the ozone layer (unlike the CFCs that they were designed to replace) they are long-lived powerful greenhouse gases; 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 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.

• MARPOL 73/78 Annex VI - Prevention of Air Pollution from Ships Annex VI entered into force on 19 May 2005 and a revised Annex VI was adopted in October 2008 which entered into force on 1 July 2010.
• The Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010

The Revised MARPOL Annex VI introduces requirements for the prohibition of certain ozone depleting substances on ships. See Guidance Notes for more information.

• Ozone Depleting Substances (Qualifications) Regulations 2009

These Regulations replace the 2006 Regulations (as amended) and updates the minimum qualifications , in order to take account of changes made by the Fluorinated Greenhouse Gases Regulations 2009.

These Regulations specify the qualifications which a person needs in order to be competent for the purposes of carrying out work which involves recovering, recycling, reclaiming and destroying controlled substances; and preventing and minimising the leakage of controlled substances.

• Montreal Protocol 1987

Several EC Regulations underpin the system to control and monitor use of Ozone Depleting Substances (ODS) and other greenhouse gases:

• Regulation 2007/1516/EC establishing pursuant to Regulation (EC) 842/2006 standard leakage checking requirements for stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases.
• Regulation 2007/1494/EC establishing pursuant to Regulation (EC) 842/2006 the form of labels and additional labelling requirements for products and equipment containing certain fluorinated greenhouse gases.
• Regulation 2007/1493/EC establishing pursuant to Regulation (EC) 842/2006 the format for the report to be submitted by producers, importers and exporters of certain fluorinated greenhouse gases.

• DECC Guidance document for the offshore oil / gas industry on the EU Fluorinated Greenhouse Gases (F-Gases) Regulation 842/2006 (April 2011)

• DECC Guidance document for the offshore oil / gas industry on the EU Ozone-Depleting Substances (ODS) Regulation 2037/2000 (December 2010)

Please note EC Regulation 2037/2000 is now replaced with EC Regulation 1005/2009 (see Pending Legislation).

• Additional guidance can be found on the DEFRA F-Gas Support website - this covers guidance on both ODS and F-Gases
• Refrigeration and air-conditioning: CFC and HCFC phase out - advice on alternatives and guidelines for users (pdf)

This guide provides details of how the EC Regulation 2037/2000 will affect manufacture and use of refrigeration and air-conditioning equipment. Please note EC Regulation 2037/2000 is now replaced with EC Regulation 1005/2009 (see Pending Legislation).

• Phase out of ozone depleting solvents - advice on alternatives and guidelines for users of CFC, HCFC and 1,1,1 - Trichloroethane. (pdf)
• Phase out of halons - advice on alternative and guidelines for users of firefighting and explosion protection systems. (pdf)

Information regarding the critical or essential use of ozone depleting substances is available on the EU Ozone Webpage.

• MIN 395 - Revised Annex VI of MARPOL: Prevention of Air Pollution from Ships (pdf file)

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

Laboratory Users of ODS for essential purposes must be registered with the EU - for more information see the EU Ozone Webpage

Not Applicable.

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

Prohibited Use

Placing on the market/use (in new equipment) of CFCs, halons and other controlled substances (see Annex 1 of the EU ODS Regulations) is prohibited.

The use of CFCs/halons for maintenance or servicing of existing refigreration, air conditioning and heat pump equipment is prohibited.

The use of virgin HCFCs (e.g. Freon R22) for maintenance of refrigeration and air conditioning systems ended on December 31st 2009. It is illegal after that date to use any stocks of virgin HCFCs already purchases, and existing stocks should be returned to the supplier.

Use of HCFCs in newly manufactured equipment is prohibited. Although there are some short-term exceptions, companies should endeavour to select new equipment that does not utilise HCFC gases or blends of them.

If any operators still have equipment containing these substances they may be required to remove it for safe disposal/destruction unless the equipment is subject to a critical use exemption. See Critical Use for more details.

There is an exception for the critical use of halons in fire protection equipment. The EU is to phase out the use of halons in fire protection equipment on offshore installations by 2020 (with exemptions still possible after that date - where justified) (see Halons Critical Use for further information).

Allowed Use of Reclaimed/Recycled HCFCs

The use of reclaimed/recycled HCFCs is allowed until 31st December 2014 for the maintenance or servicing of existing refrigeration, air conditioning and heat pump equipment under the following conditions:

• Provided that the container is labelled with an indication that the substance has been reclaimed and source information.
• Provided that they have been recovered from such equipment and may only used by the undertaking which carried out the recovery as part of maintenance or servicing for which the recovery was carried out.
• Meets labelling requirements laid out in ANnex I to EU Regulation No 1272/2008.

Whilst the use of reclaimed/recycled HCFCs will be prohibited from 1 January 2015, further extensions for continued uses of HCFCs after that date may be possible where this could be justified (ie if it was demonstrated that, for a particular use, technically and economically feasible alternative substances or technologies were not available or could not be used), although this would not extend beyond 31 December 2019.

Oil in Water Testing

Following the adoption of the EU Regulation as well as a decision under the global Montreal Protocol, CFCs (Freon/Arklone) are no longer to be used to analyse the oil content in produced water. The use of tetrachloroethylene (TTCE) remains approved and DECC will consider any other testing method if it can be proved to correspond to the TTCE result. As of 1st July 2010 containers holding TTCE must be clearly marked for use only for laboratory/analytical purposes, and any use must be registered.

F-Gas Containing Equipment

The placing on the market of F-Gas containing equipment was prohibited from 4 July 2007. If any operators obtained such equipment on or after that date they may be required to remove it for safe disposal/destruction.

EC Regulation No 744/2010 introduces new end dates for use of halon for critical use. Most are related to aircraft and military vehicles, however the following apply to the upstream oil and gas industry.

• For oil, gas and petro-chemical facilities for the protection of spaces where flammable liquid or gas could be released. Halon use in fixed extinguisher systems:
  • Halon use for new systems is now prohibited (from 31 December 2010)
  • Any system containing halon must be decommissioned before 31 December 2020
• On commercial cargo ships for the inerting of normally occupied spaces where flammable liquid or gas could be released. Halon use in fixed extinguisher systems:
  • Halon has not be allowed for use in new system since 31 December 1994
  • Any system containing halon must be decommissioned before 31 December 2016

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
• Prevent leaks of controlled substances under the EU ODS Regulations (i.e. recovered/recycled HCFCs and allowed use halons); and
• Repair detectable leakages ASAP (or within 14 days for ODS controlled substances only) and check within one month that repairs have been effective.

Fire protection equipment installed before 4 July 2007 is 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).

Equipment to be inspected in line with EU Regulations on leakage checking standards:

• Commission Regulation (EC) No 1516/2007
• Commission Regulation (EC) No 1497/2007

Operators of relevant equipment are to put in place arrangements for the proper recovery of F-gases and controlled substances under the ODS Regulations to ensure their recycling, reclamation or destruction. Operators are to ensure recovery is undertaken by certified personnel.

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.

Reclaimed HCFCs - container to be labelled with an indication that the substance has been reclaimed and source information in line with Annex I to Commission Regulation (EC) No 1272/2008

The revision prohibits the use of equipment which contain ozone-depleting substances (other than HCFCs) on ships constructed on or after 19 May 2005.

Equipment that contain HCFCs shall be prohibited on ships constructed on or after 1 January 2020.

A revised International Air Pollution Prevention Certificate (IAPPC) now includes the need to list all equipment containing ozone depleting substances.

Each ship which has a rechargeable system containing ODSs shall have an ODS record book, which must be used to record recharging events, maintenance and repairs, discharges to the atmosphere and supply of ozone depleting substances.

Further information can be found in MIN 395.

Operators to check annually for leakages from equipment with a fregeration fluid charge >3kg.

Also see Reporting

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. Where leakage detection system is 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.

There are stringent requirements for the recovery of ozone depleting refrigerants (CFCs, HCFCs and their blends). Systems with more than 3 kg of refrigerant gas must be checked annually for leaks.

HCFCs, CFCs and Halons

The following data are to be reported:

• Data on total emissions to air of controlled substances i.e. halons, CFCs (if applicable) and HCFCs and F-Gases as a result of intentional/inherent and unintentional/accidental emissions.
• Significant unintentional/accidental releases of halon, CFC and HCFC 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 ODS Guidance.
• Any potential, or actual instances of, regulatory non-compliance.

For relevant equipment containing 3 kg+ or more of controlled substances, operators are also to maintain records of the:

• Quantity and type of controlled substances that have been added during the maintenance/servicing of refrigeration, air conditioning and heat pump equipment (i.e. reclaimed/recycled HCFCs) and fire protection systems (i.e. halons subject to the critical use exemption)
• Quantity and type of controlled substances recovered for recycling, reclamation or destruction during the maintennace/servicing and final disposal of refrigeration, air conditioning and heat pump equipment and FPS.
• Identification of the technician (or Company) who performed the servicing/maintenance/leakage checking - including any checks on leakage detection systems;
• Dates and results of the leakage checks undertaken; and
• Sources that have supplied reclaimed and/or recycled HCFCs.

Fluorinated 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.
• 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.

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 controlled substances and 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).

Not Applicable.

Revised EU ODS Regulations (EC Regulation No 1005/2009) came into force in September 2010. These Regulations are directly in force in EU States. The new Regulations are largely a consolidation of the heavily amended EC Regulations 2037/2000, however they also set out the permitted critical uses of halons as well as the time-frames for their phasing out.

Amendment to existing UK Regulations and DECC Guidance will be required to ensure all requirements under the new EC Regulations are captured (see new GB Regulations below).

The Environmental Protection (Controls on Ozone Depleting Substrances) (Amendment) Regulations 2008 came into force on 15 February 2008, and these prescribe penalties for the EC Regulations 2037/2000. These regulations remain in force for the time being.

These regulations will be replaced by new GB ODS Regulations which are expected to enter into force during early 2011 and will enforce the revised provisions of the EU ODS Regulations including those in the new Annex VI.