Ozone Depleting Substances and Fluorinated GHGs

• EC Regulation No 1005/2009 on substances that deplete the ozone layer

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).

• 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.

• 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.

• 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

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

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.

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.

Operators of refrigeration and air-conditioning systems, heat pumps 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 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 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

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.

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

Note - new text is as provided for in the replacement EC Regulations 1005/2009. UK legislation/guidance is still to be revised in line with these new Regulations.

Placing on the market/use of CFCs and halons in equipment was prohibited from 1 October 2000. The use of CFCs/halons for maintenance of equipment was banned from 1 January 2001. If any operators still have equipment containing these substances which was acquired on or after 1 October 2000 they may be required to remove it for safe disposal/destruction unless the equipment was manufactured before the prohibition date or it is subject to a critical use exemption.

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).

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.

The use of virgin HCFCs (e.g. Freon R22) for maintenance of refrigeration and air conditioning systems ended on December 31st 2009. Thereafter only reclaimed HCFCs will be allowed to be used and then only until 31st December 2014. Resale of recycled HCFCs is prohibited. Any equipment containing reused/recycled HCFCs must be clearly labelled as containing such substances.

Operators may use HCFCs as fire-fighting agents for replacing halons under these conditions:

• Halons contained in fire protection equipment are replaced completely;
• Halons withdrawn are destroyed (70% of the destruction costs are to be covered by the supplier of the HCFC); and
• Operators to advise DECC (annually) of any installations making use of the derogation and the quantities of HCFCs involved.

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.

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.

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 to the following schedule:

• 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.

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

Operators to report annually emissions to air of HCFCs, CFCs and halons.

Operators using the exemption in respect of fire protection equipment and/or other equipment (i.e. refrigeration) that contains the banned substances and which was purchased before the prohibition date, are to provide DECC (annually) with the following information:

• The quantities of halons in critical use to which the Annex VII critical use exemption applies;
• The quantities of halons (and CFCs if applicable) in use in other equipment;
• Measures taken to reduce emissions from relevant equipement;
• Estimate of halon, and if applicable CFC, emissions;
• Activities to identify and use adequate alternatives.

Data on total halon, CFC and HCFC emissions to air from intentional/inherent and unintentional/accidental releases should be acquired by operators.

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.

Fluorinated Gases

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

• Quantity/type of F-gases installed and any quantities added;
• Quantity recovered during servicing, maintenance and disposal;
• Identification of the technician (or Company) who performed the servicing/maintenance;
• Dates/results of any leakage checks carried out; and
• 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.

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.

CFCs, Halons and HCFCs

Emissions of CFCs, halons and HCFCs to be reported via the EEMS Portal (see EEMS website).

Fluorinated Gases

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

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

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

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

Not Applicable.

Revised EU ODS Regulations (EC Regulation No 1005/2009) came into force on 1 January 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 some tightening of the requirements have also been brought in.

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