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Chemours fined €1m for alleged F-gas breach

NETHERLANDS: Chemours must pay a penalty of €1m for violating the European F-gas regulation by importing the high GWP HFC23 gas for use at its polymer and elastomer plant in Dordrecht. 

According to the Human Environment and Transport Inspectorate (ILT), which is responsible for enforcing compliance with the F-gas regulation in the Netherlands, claims that the company repeatedly placed more HFCs on the European market than it was allowed under the company’s F-gas quota. 

The violation specifically concerns the import of HFC23 (trifluoromethane), a gas with a high GWP of 14,800. It is a by-product of the manufacture of a number of refrigerants but is also used as a feedstock. 

Chemours reported to the European Commission that the gas was imported to its Dordrecht site for destruction, which is exempt from quota. However, research by the ILT showed that Chemours was using HFC23 in the production process and that in fact there was a quota exceedance.

The chemical manufacturer claims to have filed reports in full compliance with its F-gas reporting obligations on the amount of F-gases it produces, imports, exports and destroys, Despite this, Chemours claims that there was an “administrative difference of opinion” with ILT about the method of reporting quantities of HFC23 that Chemours has imported and subsequently destroyed in the production process. 

“Despite Chemours being fully transparent about the different process flows, there is a difference in the interpretation of the F-gas regulation and the way Chemours has reported this particular flow,” the company said.

The ILT reveals that In 2023, Chemours placed a total of 98,515 tonnes of CO2 equivalent more hydrofluorocarbons on the market than permitted. While it admits that the use of HFC23 in the production process results in limited emissions to atmosphere, it points out that HFC23 has a huge GWP.

“Chemours considers it unfortunate that a penalty of €1m is now being imposed for an alleged exceedance of quota for what is disputed to be placing on the market of destroyed HFC23. The alleged exceedance concerns an HFC23 stream that is imported for destruction. Chemours therefore considers that this falls under the exemption referred to in Article 15(2)(a) of the F-gas regulation 517/2014 and should not be quota-consuming. 

“The spirit of the F-gas regulation and quotas is to reduce overall greenhouse gas emissions. Chemours is constantly and demonstrably making efforts to achieve this,” it adds.

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