Ozone Depleting Substances and Fluorinated GHGs

• 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.

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

These Regulations amend the 2002 Regulations and extend them to offshore installations. Amonst 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 2008

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.

• EC Regulations 2037/2000 on Substances that Deplete the Ozone Layer (as amended)

The Regulations were formally adopted in October 2000 and apply directly to EU Member States. General phase-out of halon for refrigerant, air conditioning and fire fighting systems. Exemption possible in occupied spaces offshore.

The EU has produced a schedule leading to the phasing out of ozone depleting chemicals such as: Chlorofluorocarbons, other fully halogenated CFCs, Carbon Tetrachloride, 1,1,1-trichloroethane, methyl bromide and hydrochlorofluorocarbons. The production of most ozone depleting substances is generally prohibited with limited exceptions, e.g. medical uses.

• Ozone Depleting Substances (Qualifications) Regulations 2006

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.

The purpose of these Regulations is to specify the minimum qualification requirements for perons handling ozone depleting substances. UK industry has developed minumum qualifications for handlers of ozone depleting substances, which has been operating on a voluntary basis. The Regulations have been developed to demonstrate the UK's compliance with EC legislation and to make the minimum qualifications statutory opposed to voluntary.

• Montreal Protocol 1987

Several EC Regulations underpin the system to control and monitor use of 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

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

  Draft DECC Guidance document for the offshore oil / gas industry on the EU Ozone-Depleting Substances (ODS) Regulation 2037/2000
• General DECC Guidance on Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases
• General DECC Guidance on Guidance on EC Regulation No 2037/2000 on substances that deplete the ozone layer
• Guidance on new EC Regulation No. 2037/2000 on substance that deplete the ozone layer (pdf)

This guidance presents a summary of key aspects of the EC Regulation No. 2037/2000 on Ozone Depleting Substances, which became applicable on 1 November 2000.

• Refrigeration and air-conditioning: CFC and HCFC phase out - advice on alternatives and guidelines for users (pdf)

This guide provides details of the how EC Regulation 2037/2000 will affect manufacture and use of refrigeration and air-conditioning equipment.

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

This guide provides details on how EC Regulation 2037/2000 affects the use of ozone depleting solvents.

• Phase out of halons - advice on alternative and guidelines for users of firefighting and explosion protection systems. (pdf)

This guide provides detail on how EC Regulation 2037/2000 will affect the use of fire fighting systems and explosion protection equipment.

Information on EC Regulation 2037/2000 on substances that deplete the ozone layer can be found on the Europa website.

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

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

Not Applicable

Operators of refrigeration and air-conditioning systems, heat pumps and fire-protection equipment are to:

• Prevent leaks of F-gases; 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).

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 EU Regulations on Labelling

EU Labelling Regulations will also be enforced by new UK Regulations in 2009.

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 will end on December 31st 2009. Thereafter only reclaimed HCFCs will be allowed to be used and then only until 31st December 2014. 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.

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:

• 3kg+ F-Gas - once every 12 months (except for appliances labelled as hermetically sealed and where the content of F-Gas is <6kg)
• 30kg+ F-Gas - once every 6 months. Where leakage detection systems are installed inspections can be every 12 months.
• 300kg+ 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 now be checked annually for leaks.

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;
• Measures taken to reduce emissions;
• Estimate of halon, and if applicable CFC, emissions;
• Activities to identify and use adequate alternatives.

HCFCs

Operators to report annually emissions to air of HCFCs.

Fluorinated Gases

For relevant equipment containing 3kg+ 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 checks carried out; and
• Information identifying separate equipment with 30kg+ and 300kg+ of F-Gases.

Data on F-gas emissions to air should be acquired by Operators and reported to EEMS.

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

Other required information to be submitted annually in writing to DECC ODU-EDU (Environmental Management Team).

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

Note - that as a prerequisite DECC has requested that all operators provide information on any refrigeration and air-conditioning systems, heat pumps, fire protection equipment and high-voltage switchgear on installations that contain 3kg or more of F-Gases and/or HCFCs/halons and CFCs by 30 September 2008.

Not Applicable

There are a number of other obligations under the EU Regulations concerning training and qualification requirements for personnel handling/recovered F-Gases and ODS from equipment (regardless of levels contained) that will be revised in accordance with revised EU REgulations and enforced via new UK Regulations (expected to enter into force in early 2009). DEFRA plans to launch a public consultation on the new Regulations in 3Q 2008. More information on these aspects can be found at the following links:

• DECC Guidance on Regulation (EC) No 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases
• DECC Guidance on EC Regulation No 2037/2000 on substances that deplete the ozone layer

A DEFRA consultation to seek views on proposals that carry forward the Commission Regulations covered by EC Regulation 842/2006 on certain fluorinated greenhouse gases.  The proposed Regulations will be of particular interest to  those responsible for offshore oil and gas platforms.

DECC Submissions on F-Gas and ODS Installation Data

Note - that as a prerequisite DECC has requested that all operators provide information on any refrigeration and air-conditioning systems, heat pumps, fire protection equipment and high-voltage switchgear on installations that contain 3kg or more of F-Gases and/or HCFCs/halons and CFCs by 30 September 2008.