Ayrshire firm given Scotland's first fine under greenhouse gas leak laws

An Ayrshire health food supplements manufacturer has become the first firm in Scotland to be fined under regulations aimed at preventing greenhouse gases from leaking.

SEPA has issued a £75,000 penalty to DSM Nutritional Products in Dalry, the first fine to be issued in Scotland under the Fluorinated Greenhouse Gases Regulations 2015 (the F-Gas regulations 2015), which are designed to control fluorinated greenhouse gases (F-gases).

DSM Nutritional Products Limited operates equipment that requires an F-gas to function, and the company is required to submit data to SEPA every year.

2020 emissions at DSM flagged as in the top three highest in Scotland

In 2020 the emissions reported (898.20kg) were over eight times the reporting threshold, considerably higher than previous years and were flagged by SPRI as being in the top three highest emitters for Scotland.

SEPA's specialist Carbon Reduction, Energy and Industry Unit began an investigation and discovered there had been accidental releases of F -gases from the site. While there is no requirement under the F-gas regulations 2015 to inform SEPA of any release, operators of equipment that contains F-gases must take precautions to prevent the unintentional release (‘leakage’) of those gases. For some equipment automatic leakage detection systems may be required.

Jamie McGeachy, SEPA’s Carbon reduction, Energy and Industry Unit Manager, said:

“The scale of the environmental challenge facing humanity is enormous, with a need for a real urgency to act. The F-gas regulations aim to reduce the use of HFC refrigerants, through better control of their containment in existing applications and their recovery for recycling or destruction – and compliance with them is not optional.

"A warning to other operators"

“The requirement to install a leak detection system first came into force in 2006, which means the company was non-compliant for 14 years before this leak happened. It is simply unacceptable for industries that use greenhouse gases to fail to meet their environmental responsibilities. This civil penalty demonstrates SEPA’s commitment to enforcing obligations under the F-Gas Regulations and I hope it serves as a warning to any operator using F-gases.

“Operators will get the environmental regulator they deserve. Check your equipment and ensure that you are fully compliant with the regulations - if you need help and advice get in touch, you will find a helpful and supportive agency. If you’re not compliant, whether through complacency or a deliberate act, we’ll take the appropriate action to force you to comply.”

The maximum civil for breach of the requirement to install a leakage detection system where one is required is £100,000, but as DSM Nutritional Products cooperated fully with SEPA’s investigation and provided the required documentation this was reduced to £75,000 – which has been paid.

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