Ozone Depleting Substances

For information on the impact of Brexit on oil and gas environmental legislation, please refer to the pdf document downloadable from the Home Page.

Key Legislation:

For more detail on the Legislation relevant to this page, please use the following links:

Supporting Legislation:

The Department for Energy Security and Net Zero Guidance document for the offshore oil / gas industry on the Ozone-Depleting Substances (ODS) Regulations (PDF document)

  • The EU Ozone Depleting Substances (ODS) Regulation (EC) No. 1005/2009 (EU ODS Regulation) was introduced in early-2010 to prohibit and control the production / use of ozone-depleting substances in order to reduce atmospheric emissions of these substances in line with the Montreal Protocol.
  • In particular, the EU ODS Regulation concerns the control of emissions from refrigeration systems, air-conditioning units, fire-protection systems and heat pumps.
  • The following changes have been made to the guidance document:
    • Paragraph 1.6 – New link to the latest details on the CTL process
    • Paragraph 2.5 part (C) item (i) – Additional clarification on records maintenance
    • Paragraph 2.7 – Updated example of calculating GWPs
    • Paragraph 4.1 – New link to other guidance sources
    • Annex A: ‘Maintaining Records and Reporting – item (i)’ – Reflecting the extra clarification provided in paragraph 2.5 part (C) item (i)
    • Annex D – Updated GWP values for various substances
    • Annex E – New ‘Regulatory Non-Compliance Notification Form’

Fluorinated gases and ozone-depleting substances: how to do business in the transition period.

  • This guidance outlines how businesses using F gas or ozone depleting substances should comply with regulations during the transition (i.e. implementation) period. Reporting of F gas and ozone depleting substances activities to the European Commission will remain the same during the transition period.

Fluorinated Gases and Ozone-Depleting Substances: How to Do Business From 1 January 2021.

  • This guidance, produced by DEFRA, currently outlines the reporting requirements for Fluorinated Greenhouse Gases and Ozone depleting Substances. This will be updated with what is required from 1 January 2021 in due course.

Guidance Document for the Offshore Industry On the Ozone Depleting Substances (ODS) Regulation (EC) No. 1005 / 2009 [Recasting and Repealing ODS Regulation (EC) No. 2037 / 2000] (PDF document)

  • The Department for Energy Security and Net Zero has issued an updated version of its guidance on the EU Ozone Depleting Substances (ODS) Regulations.
  • Introduced in January 2010, prohibiting and controlling the production / use of ozone-depleting substances thereby reducing atmospheric emissions of these substances in line with the Montreal Protocol (an international agreement to combat the threat of damage posed to the ozone layer by ozone-depleting substances). EU ODS Regulations in particularly concerns the control of emissions from refrigeration systems, air-conditioning units, fire-protection systems and heat pumps.

Managing fluorinated gases and ozone-depleting substances: Guidance for commercial, industrial and public sector organisations who use fluorinated greenhouse gases and ozone depleting substances

  • Fluorinated greenhouse gases (F-gases) are a group of chemicals containing fluorine, which are inherently powerful greenhouse gases. Ozone-depleting substances (ODS) are gases which damage the ozone layer in the upper atmosphere and are currently being phased out, but can be found in older equipment. Common uses for ODS and F-gases include refrigeration, air-conditioning equipment, aerosols, solvents, foam blowing agents, firefighting fluids and high voltage switchgear.
  • DEFRA have produced a guide, which was updated in February 2013, explaining what F-gases and ODS are, how different types of businesses can comply with the F-gas and ODS legislation, and importantly, how the legislation is being enforced. The updated version provides guidance specifically for the offshore operators. The purpose of the document is to set out the requirements on Operators under the EU ODS Regulations.

Refrigeration and air-conditioning: CFC and HCFC phase out – advice on alternatives and guidelines for users (PDF document): This guide provides details of how the EC Regulation 2037/2000 will affect manufacture and use of refrigeration and air-conditioning equipment.

Refrigeration and Freezer equipment: Changes to refrigerant gases that can be used: Guidance to prepare for the ban of hydrofluorocarbons in refrigerants which comes into force on 1 January 2020.

Phase out of halons – advice on alternative and guidelines for users of firefighting and explosion protection systems (PDF document)

Information regarding the critical or essential use of ozone depleting substances is available on the EC Air Quality website.

The Environment Agency has brought out two new guidance documents relating to activities using Ozone Depleting Substances. This includes:

Consent Needed:

No consent is required, although annual reporting where derogations or exemptions are being used is required to be submitted to the Department for Energy Security and Net Zero.

The Department for Energy Security and Net Zero will regard the licensed operator (i.e. the licence holder) as being responsible for ensuring that the provisions of the EU ODS Regulations 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.

Laboratory Users of ODS for essential purposes must be registered with the EU. For more information see the EC Climate Action website.

How to Apply: N/A
Who to Apply to: N/A
When to Apply: N/A
Leakage prevention and Recovery:

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

  • Prevent leaks of controlled substances; and
  • Repair detectable leakages ASAP/within 14 days (also see both the Sampling and Reporting Requirements tabs) and check within one month that repairs have been effective.
Control of the placing on the market and use of controlled substances:

Prohibited Use

Placing on the market/use (in new equipment) of halons and CFCs (although there are exceptions for certain Critical Use, see below)

The use of halons/CFCs for the maintenance or servicing of existing refrigeration; air conditioning and heat pump equipment – where halons/CFCs in such equipment are used-up, then they may, if technically feasible, be replaced with reclaimed or recycled HCFCs (see below).

The use of halons in existing FPS and fire extinguishers (unless subject to a critical use exemption, see the Critical Use section below).

Use of virgin HCFCs for the maintenance/servicing of refrigeration and air conditioning equipment is prohibited. It is illegal to use any stocks of virgin HCFCs already purchased, existing stocks should be returned to the supplier.

Allowed Use of Reclaimed/Recycled HCFCs

The use of reclaimed/recycled HCFCs is allowed until 31 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 (i.e. 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 the Department for Energy Security and Net Zero will consider any other testing method if it can be proved to correspond to the TTCE result. As of 1 July 2010, containers holding TTCE must be clearly marked for use only for laboratory/analytical purposes, and any use must be registered.

The determination of hydrocarbons, oils and greases in water, soil, air or waste is not considered essential under EC Regulation 291/2011 and use of controlled substances other than HCFCs remains prohibited.

Halon Critical Use:

Under Annex VI of the EC Regulation No 744/2010 (PDF document) the following exemptions exist for:

  • Critical use of halons in existing FPS until 31 December 2020
  • Critical use of halons in new FPS prohibited since 31 December 2010 (with extension to this date possible where justified)
Mandatory minimum qualification: The Regulation on Ozone Depleting Substances (Qualifications) Regulations 2009 sets out the mandatory minimum qualifications for handlers of ozone depleting substances. The Department for Energy Security and Net Zero and DEFRA have published a series of four guidance notes (see the Guidance under the Legislation tab).

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 (PDF document).

Revised MARPOL Annex VI (shipboard equipment): The revision prohibits the use of equipment which contains ozone-depleting substances (other than HCFCs) on ships constructed on or after 19 May 2005. Equipment that contains 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 (PDF document).
Leakage Checking:

Operators are to ensure relevant equipment is checked for leakages according to the following schedule, and that leakage checks are undertaken by certified personnel:

  • 3kg+ – Once every 12 months (except for hermetically sealed equipment with <6kg of controlled substances)
  • 30kg+ – Once every 6 months
  • 300kg+ – Once every 3 months

The equipment or system needs to be checked for leakage within one month after a leak has been detected to make sure the repair has been effective.

Also see the Reporting Requirements tab.

What to Report:

The following data is 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 from refrigeration, air conditioning, heat pumps and fire-protection systems.
  • 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 kg) to the Department for Energy Security and Net Zero using the form at Annex C of the DECC ODS Guidance (Word document) within 48 hours of it being established such an incident has occurred. A record of these types of emissions should also be maintained as indicated in Section 11 of the Annex B form of the DECC ODS Guidance (Word document). Where such emissions are <1,000 t/CO2/e then a record of these should be kept by Operators in accordance with Section 11(a) of the Annex B form.
  • 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 maintenance/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.

The template in Annex B of the DECC ODS Guidance (Word document) can be used by Operators (if they wish) for record maintenance purposes.

Who to Report to:

Use and Service/Maintenance/Leakage Tests

Records are to be maintained and made available to the Department for Energy Security and Net Zero on request.

Emissions to atmosphere

Report via EEMS Portal (see EEMS website). The EEMS helpdesk can be contacted via this link.

Non compliances should be reported to the Department for Energy Security and Net Zero Offshore Inspectorate at offshore.inspectorate@decc.gsi.gov.uk

When to Report:

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

Unintentional/accidental releases of controlled substances and F-Gas > 1,000 tonnes CO2 equivalent are to be reported within 48 hours of the incident occurring.

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

What to do if in Breach of Consent: Any potential or actual non-compliance with the Ozone Depleting Substance (ODS) regulations 2015 should be reported to OPRED via the submission of an ODS NCN on the Integrated Reporting Service (IRS) on the UK Energy Portal. If the IRS system is unavailable, the Annex C – Reporting Form for Unintentional / Accidental Releases of Controlled Substances form should be sent to OPRED.
Renewal of Permit: N/A
None at present.