Document ID: chunk:federal_register_of_legislation:F2024C01008:reg:2aaa
Version: federal_register_of_legislation:F2024C01008
Segment Type: reg
Provision Reference: reg 2AAA
Character Range: 19043–21009

2AAA  Meaning of prohibited refrigerant charging

Scope of this regulation
 (1) This regulation applies in relation to equipment that is designed:
 (a) to be used for the heating or cooling of anything; and
 (b) to operate solely by using a particular refrigerant (the design refrigerant) other than an HCFC refrigerant.
 (2) For the purposes of paragraph (1)(b), equipment is taken to be designed to operate solely by using a particular refrigerant if:
 (a) the equipment has a compliance plate that specifies that particular refrigerant; or
 (b) both of the following subparagraphs apply:
 (i) a manual, issued by the manufacturer, that relates to the equipment states that the equipment is designed to operate solely by using that particular refrigerant;
 (ii) the equipment does not have a compliance plate that specifies any particular refrigerant.

Meaning of prohibited refrigerant charging
 (3) A person engages in prohibited refrigerant charging if:
 (a) the person charges the equipment with a GWP refrigerant (the new refrigerant) other than the design refrigerant; and
 (b) either:
 (i) the design refrigerant is not a scheduled substance; or
 (ii) the design refrigerant is a GWP refrigerant and the new refrigerant has a higher 100‑year global warming potential than the design refrigerant; and
 (c) subregulation (4) does not apply.
 (4) This subregulation applies if:
 (a) the continued functioning of the equipment is essential for health or public safety purposes; and
 (b) no refrigerant that:
 (i) is not a GWP refrigerant; or
 (ii) is the design refrigerant; or
 (iii) has a 100‑year global warming potential equal to or lower than that of the design refrigerant;
  is available as an alternative to the new refrigerant to ensure the continued functioning of the equipment.

Meaning of GWP refrigerant
 (5) A GWP refrigerant is an HCFC or HFC for which a 100‑year global warming potential is specified in Part V or IX of Schedule 1 to the Act.