Ozone Depleting Substances

• 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.

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 2011

These regulations came into force on 20 July 2011, and revoke and replace the 2002 Regulations (as amended). The Regulations set out the provisions for the enforcement of the EU ODS Regulations (1005/2009/EC) as amended by the EU Regulations (744/2010/EC).

• 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.

• EU Regulation No 291/2011 on essential uses of controlled substances other than hydrochlorofluorocarbons for laboratory and analytical purposes under EC Regulation No 1005/2009

Allows the controlled use of substances other than HCFCs for specified laboratory and analytical purposes in the EU. However the determination of hydrocarbons, oils and greases in water, soil and air is not considered essential and controlled substance use remains prohibited (see Oil in Water)

• 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 Ozone-Depleting Substances (ODS) Regulations (March 2012)

• 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.

• 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. 

DECC 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 EU Ozone Webpage

Not Applicable.

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 Inspection and Reporting requirements) 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)

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 suchject to a critical use exemption, see Critical Use).

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 purchaes, existing stocks should be returned to the supplier.

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.

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.

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

• Critical use of halons in existing FPS until 31 December 2020; and
• Critical use of halons in new FPS prohibited since 31 December 2010 (with extension to this date possible where justified)

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 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 deteced to make sure the repair has been effective.

Also see Reporting

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 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 kgs) to DECC using the form at Annex C of the DECC ODS Guidance within 48 hours of it being established such an incident has occurred. A record of these type of emissions should also be maintained as indicated in Section 11 of the Annex B form of the DECC ODS Guidance. 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 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.

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

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.