Malaysia promulgates regulations regarding refrigerant management

On March 2, 2020, “Environmental Quality (Refrigerant Management) Regulations 2020” was promulgated in Malaysia. This regulation will come into effect on June 1, 2020, and the current “Environmental Quality (Refrigerant Management) Regulations 1999” will be invalidated accordingly. The regulation provides for the prohibition of the manufacture and assembly of refrigeration equipment or air conditioners using specified refrigerants, the disposal of specified refrigerants and import/export control.

The original text of this regulation can be downloaded from the following URL.
http://www.federalgazette.agc.gov.my/outputp/pua_20200302_PUA%2079.pdf

Specific refrigerants

Specific refrigerants subject to this regulation are the following substances listed in Attached list 1 and 2. Not only single substances but also mixtures containing these substances are also subject to the regulation.

• • Attached list 1: 5 types of CFCs
  • Attached list 2: 40 types of HCFCs

Prohibitions regarding specific refrigerants

The following matters are prohibited for the above refrigerants that are subject to this Regulation.

• • Use of refrigerants on the Attached list 1 in the manufacture and assembly of refrigeration equipment or air conditioning equipment
  • Use of refrigerants on the Attached list 2 in the manufacture and assembly of air conditioning equipment of 25,000 Btu/hour or less intended for use in Malaysia
  • Discharge of refrigerants into the environment
  • Disposal of refrigerants (except for certain waste disposal facilities based on the “Environmental Quality (Prescribed Premises) Order 1989”)

Matters that require prior approval

Whether used in or outside Malaysia, prior approval from Director General of the Department of Environment is required for the use of refrigerants on the Attached list 2 in the manufacture and assembly of air conditioning equipment more than 25,000 Btu/hour. This approval will be issued only if Director General of the Department of Environment determines that there is no alternative to the refrigerant.

In addition, prior approval will also be required for the move of refrigerants within or out of Malaysia. The conditions are as follows.

• • For move within Malaysia, the amount specified by the Director General of the Department of Environment shall not be exceeded.
  • In the case of move outside Malaysia for reuse purposes, (i) it shall not be possible to secure any means of reusing the refrigerants in Malaysia and (ii) the regenerated products shall return to Malaysia.
  • In the case of move outside Malaysia for the purpose of disposal, it shall not be possible to secure any means of disposal of the refrigerants in Malaysia.
  • For the refrigerants on the Attached list 2, the purpose of the move outside Malaysia shall be to export them.

Retention of records

Persons who trade, reuse, recycle, or dispose of regulated specific refrigerants must maintain and update the related records and inventory for at least three years from the date of their activities, and keep them available for inspection by the authorities. For the records and inventory created, a report must be submitted to the Director General of the Department of Environment by January 31 of each year.