Refrigerant Management Regulations 2020
Key information
- Source
- DOE - P.U. (A) 79/2020
The Environmental Quality (Refrigerant Management) Regulations 2020 replaced the 1999 Regulations with effect from 1 June 2020.
Regulation 1. Citation and commencement
- (1)These regulations may be cited as the Environmental Quality (Refrigerant Management) Regulations 2020.
- (2)These Regulations come into operation on 1 June 2020.
Regulation 2. Interpretation
- In these Regulations, “refrigerant” means any environmentally hazardous substance specified in the First and Second Schedules, whether used as a single refrigerant or in a mixture.
Regulation 3. Prohibition on use of refrigerant
- (1)No person shall use any refrigerant specified in the First Schedule in the manufacturing or assembling of any refrigeration or air-conditioning equipment.
- (2)No person shall use any refrigerant specified in the Second Schedule in the manufacturing or assembling of any air-conditioning equipment with 2.5 horsepower (25,000 Btu/hour) and lower for use in Malaysia.
- (3)Any person who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 4. Use of refrigerant subject to approval
- (1)No person shall use any refrigerant specified in the Second Schedule in the manufacturing or assembling of any air-conditioning equipment with more than 2.5 horsepower (25,000 Btu/hour) which is for use either in or outside Malaysia without the prior written approval of the Director General.
- (2)The Director General may only grant an approval under subregulation (1) if the Director General is satisfied that there is no other alternative substance suitable to be used for the particular type of refrigeration or air-conditioning equipment except any of the refrigerants specified in the Second Schedule.
- (3)Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 5. Conditions on person using refrigerant
- (1)No person shall repair or service any refrigeration or air-conditioning equipment, or repair, service or adjust any refrigeration or air-conditioning system where such repair, service or adjustment involves the use of refrigerants unless he is a trained person who has attended any course for refrigerant handling certified by the Director General.
- (2)Any person carrying out any repair, service or adjustment under subregulation (1)—
- (a)shall comply with the technical guidance document issued by the Director General; and
- (b)shall ensure that any container or product which contains refrigerants is labelled according to its type and such label is displayed and visible.
- (a)
- (3)Any person carrying out any reclamation or recycling involving the use of refrigerant shall use a reclamation or recycling machine, as the case may be, which is in accordance with the AHRI Standard 740, ISO 11650 or EN 35421, or any other international standards or equivalent Malaysian standards.
- (4)Any person who contravenes subregulation (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 6. Duty of manufacturer of refrigeration or air-conditioning equipment
- (1)Where the use of refrigerants is for the purpose of retrofitting by removing the refrigerant from any refrigeration or air-conditioning equipment and modifying the equipment so that the equipment can be operated with any alternative substance, the manufacturer of the refrigeration or air-conditioning equipment—
- (a)shall provide adequate training programme to the person carrying out the retrofitting of the refrigeration or air-conditioning equipment of the manufacturer; and
- (b)shall ensure that the person trained pursuant to paragraph (a) is informed of the design of the refrigeration or air-conditioning equipment and the functions of the refrigeration and air-conditioning system.
- (a)
- (2)Any manufacturer who contravenes paragraph (1)(a) or (b) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 7. Prohibition on discharge of refrigerant
- (1)No person shall discharge any refrigerant into the environment.
- (2)Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 8. Prohibition on moving refrigerant into or out of Malaysia
- (1)No person shall move any refrigerant into or out of Malaysia without the prior written approval of the Director General.
- (2)The Director General may grant an approval under subregulation (1) subject to the following conditions:
- (a)in relation to the moving of any refrigerant into Malaysia, that the amount of the refrigerant shall not exceed the amount determined by the Director General;
- (b)in relation to the moving of any refrigerant out of Malaysia for reclamation—
- (i)that the process of reclamation of the particular refrigerant is not available in Malaysia; and
- (ii)that the product of the reclaimed refrigerant shall be brought back into Malaysia;
- (i)
- (c)in relation to the moving of any refrigerant out of Malaysia for disposal, that the process of disposal of the particular refrigerant is not available in Malaysia; and
- (d)in relation to the moving of any refrigerant specified in the Second Schedule out of Malaysia, that the purpose shall be for export.
- (a)
- (3)Any person who contravenes subregulation (1) or any condition in subregulation (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 9. Disposal of refrigerant
- (1)No person shall dispose any refrigerant except in the prescribed premises under the Environmental Quality (Prescribed Premises) (Scheduled Wastes Treatment and Disposal Facilities) Order 1989 [P.U. (A) 140/1989].
- (2)Any person who contravenes subregulation (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 10. Alternative to refrigerant
- (1)Any person may apply to the Director General for an approval to use any substance as an alternative to refrigerants.
- (2)The Director General shall, in considering the application made under subregulation (1), have regard to the following:
- (a)the suitability of the substance to be used for the particular type of refrigeration or air-conditioning equipment;
- (b)the ability of the substance to cool or to refrigerate a system;
- (c)the ozone depleting potential and global warming potential of the substance; and
- (d)the suitability of the physical or chemical characteristics of the substance for the purpose of the proposed usage.
- (a)
Regulation 11. Records to be kept
- (1)Any person who is carrying out any trade in, or reclamation, recycling or disposal of, refrigerant, shall, for a period of at least three years from the date of carrying out such trade, reclamation, recycling or disposal, keep and maintain records of such trade, reclamation, recycling or disposal and update the inventories in the premises where such trade, reclamation, recycling or disposal is carried out, and such records and inventories shall be made available for inspection by any authorized officer.
- (2)Unless the Director General directs otherwise, the person referred to in subregulation (1) shall prepare and submit a report on the inventories to the Director General on or before 31 January of each year.
- (3)Any person who contravenes subregulation (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Regulation 12. Offences which may be compounded
- (1)The offences specified in the Third Schedule are prescribed as offences which may be compounded.
- (2)The offences referred to in subregulation (1) may be compounded with the consent in writing of the Public Prosecutor in accordance with the methods and procedures prescribed in the Environmental Quality (Compounding of Offences) Rules 1978 [P.U. (A) 281/1978].
Regulation 13. Revocation
- The Environmental Quality (Refrigerant Management) Regulations 1999 [P.U. (A) 451/1999] are revoked.
FIRST SCHEDULE [Regulations 2 and 3] - REFRIGERANT
SECOND SCHEDULE [Regulations 2, 3, 4 and 8] - REFRIGERANT
THIRD SCHEDULE [Regulation 12] - PROVISIONS ON OFFENCES WHICH MAY BE COMPOUNDED
- Subregulation 3(1)
- Subregulation 3(2)
- Subregulation 4(1)
- Subregulation 5(1)
- Subregulation 5(2)
- Subregulation 5(3)
- Subregulation 6(1)
- Subregulation 7(1)
- Subregulation 8(1)
- Subregulation 9(1)
- Subregulation 11(1)
- Subregulation 11(2)