Scottish Environmental Protection Agency Fines Health Food Supplements Manufacturer £75,000 for F-gas Regulation Breaches 

DSM Nutritional Products (UK) Ltd, a health food supplements manufacturer based in Dalry, Ayrshire, has been fined £75,000 by the Scottish Environmental Protection Agency (SEPA) for violations of the F-gas regulations. This marks the first civil penalty issued in Scotland under these regulations, as the company failed to implement a leakage detection system on its refrigeration equipment. 

SEPA is responsible for enforcing F-gas regulations in Scotland, conducting audits to ensure compliance and taking appropriate enforcement actions where necessary. Companies are required to submit annual data to SEPA under the Scottish Pollutant Release Inventory (SPRI). 

In 2020, DSM reported emissions of 898.2kg, which exceeded the reporting threshold by over eight times, significantly higher than previous years. The SPRI identified DSM as one of the top three highest emitters in Scotland. 

Following this discovery, SEPA’s Carbon Reduction, Energy, and Industry Unit launched an investigation, revealing accidental releases of F-gases from the site. While F-gas regulations do not mandate informing SEPA of such releases, operators of equipment containing F-gases must take precautions to prevent unintentional leakage. In some cases, automatic leakage detection systems may be required. 

SEPA’s carbon reduction, energy, and industry unit manager, Jamie McGeachy, pointed out that the requirement for installing a leak detection system was established in 2006, making DSM non-compliant for 14 years before the leak occurred. He emphasized that it is unacceptable for industries using greenhouse gases to neglect their environmental responsibilities. The civil penalty imposed on DSM demonstrates SEPA’s dedication to enforcing obligations under the F-gas regulations and serves as a warning to other operators using F-gases. 

DSM Nutritional Products operates four chilled water units, each holding 600kg of R134a. Legally, any chiller with a capacity of over 500 tonnes of CO2 equivalent must have a leak detection system to alert the operator or a service company of any leakage. However, the four chiller tanks with a total capacity of 3,432tCO2e had no leak detection system in place. 

DSM informed SEPA that the two water chillers responsible for most of the leaks were installed in 1980 by the previous site operator. Over the years, refrigerants had changed, and the holding capacity had increased, but the labels on the machines were not updated. 

The F-gas regulations allow for a maximum civil penalty of £100,000 for breaches of the requirement to install a leakage detection system when required. 

So, what are the F-gas rules and regulations? 

The F-gas regulations in Scotland are aligned with the European Union’s F-gas Regulation (EU) No 517/2014, which aims to reduce emissions of fluorinated greenhouse gases (F-gases) and mitigate their impact on climate change. The F-gas regulations are part of Scotland’s commitment to combat global warming and contribute to the broader efforts to protect the environment. 

Here are some key rules and requirements of the F-gas regulations in Scotland: 

  1. Leak Prevention: Operators of equipment containing F-gases must take all necessary precautions to prevent the unintentional release or leakage of these gases. Regular maintenance and leak checking are essential to minimize emissions. 
  1. Leak Detection Systems: For certain equipment, such as refrigeration systems or air conditioning units, operators may be required to install automatic leak detection systems that promptly alert them or service companies of any potential leaks. 
  1. Reporting Requirements: Companies and operators that use, produce, import, or export F-gases above specified thresholds are obligated to report their activities and related emissions to the relevant authorities. In Scotland, this reporting is done through the Scottish Pollutant Release Inventory (SPRI). 
  1. Quota System: The regulations may impose restrictions on the total amount of F-gases that can be placed on the market. Companies may need to hold quotas or authorizations to carry out certain activities involving F-gases. 
  1. Certification and Training: Individuals handling F-gases must undergo appropriate training and certification to ensure they handle these substances safely and effectively. 
  1. Service Company Obligations: Service companies working with equipment containing F-gases must follow specific requirements, including proper handling, containment, and recovery of these gases. 

It’s important to note that regulations and requirements might evolve over time, so it’s essential to consult the latest guidelines and updates from the relevant regulatory authorities in Scotland, such as the Scottish Environment Protection Agency (SEPA), to stay compliant with F-gas regulations. If you are directly involved in activities related to F-gases, seeking guidance from SEPA or other appropriate authorities is highly recommended to ensure full compliance with the current regulations. 

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