Hong Kong Regulations

AIR POLLUTION CONTROL (VOLATILE ORGANIC COMPOUNDS) REGULATION - SCHEDULE 1

REGULATED PAINTS

[sections 2, 3, 4, 5, 6, 7, 8 & 9]

PART 1

DEFINITIONS

In this Schedule, unless the context otherwise requires— “aluminium roof
coatings” (屋頂銀漆) means roof coatings containing at least 84 grams of
elemental aluminium pigment per litre of coating when in a ready to use
condition; “appurtenances” (附屬物) means accessories to a stationary
structure, including but not limited to hand railings, cabinets, bathroom and
kitchen fixtures, fences, rain-gutters and down-spouts, window screens,
lamp-posts, heating and air conditioning equipment, other mechanical
equipment, large fixed stationary tools, signs, motion picture and television
production sets, and concrete forms; “architectural coatings”
(建築塗料) means any coatings that are applied to stationary structures
and their appurtenances, to pavements or to kerbs; “below-ground wood
preservatives” (地下木料防腐劑) means wood preservatives that are
formulated for architectural use to protect below-ground wood; “bituminous
coating materials” (瀝青塗料物料) means black or brownish coating
materials, soluble in carbon disulphide, consisting mainly of hydrocarbons and
are obtained from natural deposits, or as residues from the distillation of
crude petroleum oils or of low grades of coal; “bond breakers”
(黏合分隔材料) means coatings that are formulated for or applied between
layers of concrete to prevent the freshly poured top layer of concrete from
bonding to the substrate over which it is poured; “clear brushing
lacquers” (透明手髹漆) means clear wood finishes that—

   (a)  are formulated with nitrocellulose or synthetic resins to dry by
        solvent evaporation without chemical reaction and to provide a solid
        protective film; and

   (b)  are intended exclusively for application by brush,
but does not include clear lacquer sanding sealers; “clear wood finishes”
(透明木面塗料) means clear and semi-transparent architectural coatings,
including lacquers and varnishes, that are applied to wood substrates to
provide a transparent or translucent solid film; “concrete-curing
compounds” (混凝土養護混合料) means coatings that are formulated for
or applied to freshly poured concrete to retard the evaporation of water;
“dry-fog coatings” (乾霧塗料) means architectural coatings that are
formulated only for spray application so that when sprayed, overspray droplets
dry before falling on floors and other surfaces; “exempt compound”
(豁免化合物) means any of the following compounds—

   (a)  acetone;

   (b)  1-chloro-1,1-difluoroethane (HCFC-142b);

   (c)  chlorodifluoromethane (HCFC-22);

   (d)  1-chloro-1-fluoroethane (HCFC-151a);

   (e)  chlorofluoromethane (HCFC-31);

   (f)  chloropentafluoroethane (CFC-115);

   (g)  2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

   (h)  cyclic, branched, or linear, completely fluorinated alkanes;

   (i)  cyclic, branched, or linear, completely fluorinated ethers with no
        unsaturations;

   (j)  cyclic, branched, or linear, completely fluorinated tertiary amines
        with no unsaturations;

   (k)  cyclic, branched, or linear, completely methylated siloxanes (VMS);

   (l)  1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC-43-10mee);

   (m)  dichlorodifluoromethane (CFC-12);

   (n)  1,1-dichloro-1-fluoroethane (HCFC-141b);

   (o)  3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);

   (p)  1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);

   (q)  1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);

   (r)  2,2-dichloro-1,1,1-trifluoroethane (HCFC-123);

   (s)  1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);

   (t)  1,1-difluoroethane (HFC-152a);

   (u)  difluoromethane (HFC-32);

        (v)    2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
               ((CF3)2CFCF2OCH3);

   (w)  ethane;

        (x)    2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3
               )2CFCF2OC2H5);

   (y)  1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5);

   (z)  ethylfluoride (HFC-161);

   (za) 1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

   (zb) 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

   (zc) methyl acetate;

   (zd) methylene chloride (dichloromethane);

   (ze) 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3);

   (zf) parachlorobenzotrifluoride (PCBTF);

   (zg) 1,1,1,3,3-pentafluorobutane (HFC-365mfc);

   (zh) pentafluoroethane (HFC-125);

        (zi)   1,1,2,2,3-pentafluoropropane (HFC-245ca);

   (zj) 1,1,2,3,3-pentafluoropropane (HFC-245ea);

   (zk) 1,1,1,2,3-pentafluoropropane (HFC-245eb);

   (zl) 1,1,1,3,3-pentafluoropropane (HFC-245fa);

   (zm) perchloroethylene (tetrachloroethylene);

   (zn) sulphur-containing perfluorocarbons with no unsaturations and with
        sulphur bonds only to carbon and fluorine;

   (zo) 1,1,2,2-tetrafluoroethane (HFC-134);

   (zp) 1,1,1,2-tetrafluoroethane (HFC-134a);

   (zq) 1,1,1-trichloroethane (methyl chloroform);

   (zr) trichlorofluoromethane (CFC-11);

   (zs) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

   (zt) 1,1,1-trifluoroethane (HFC-143a);

   (zu) trifluoromethane (HFC-23); “extreme high-gloss coatings for metal”
        (極高光金屬塗料) means architectural coatings for metal parts
        and products that, when tested by ASTM D523, show a reflectance of 75
        or more on a 60-degree meter; “fire-proofing exterior coatings”
        (防燃外部塗料) means opaque architectural coatings that are
        formulated to protect the structural integrity of outdoor steel and
        other outdoor construction materials and listed by the Underwriters
        Laboratories Inc. of the United States for the fire protection of
        steel; “fire-retardant coatings” (阻燃塗料) means
        architectural coatings that are labelled and formulated to retard
        ignition and flame spread; “flat coatings” (啞面塗料) means
        architectural coatings that register a gloss of less than 15 on a
        85-degree meter or less than 5 on a 60-degree meter; “floor
        coatings” (地台塗料) means opaque coatings that are formulated
        for or applied to flooring, including but not limited to decks,
        porches, gymnasiums and bowling alleys, but do not include industrial
        maintenance coatings; “granite look-alike coatings or textured
        undercoaters” (仿石塗料或浮雕底漆) means granite
        look-alike, ceramic look-alike or mosaic look-alike lithic paints and
        textured undercoaters; “graphic arts (sign) coatings”
        (印藝(標誌)塗料) means coatings that are formulated for
        hand-application by artists using brush or roller techniques to indoor
        and outdoor signs (excluding structural components) and murals,
        including lettering enamels, poster colours, copy blockers and
        bulletin enamels; “high-temperature industrial maintenance
        coatings” (耐高溫工業保養塗料) means industrial maintenance
        coatings that are formulated for or applied to substrates exposed
        continuously or intermittently to temperatures above 204°C;
        “industrial maintenance coatings” (工業保養塗料) means
        architectural coatings, including primers, sealers, undercoaters,
        intermediate coatings and topcoats, that are formulated for or applied
        to substrates (including floors) that are exposed to one or more of
        the following extreme environmental conditions—

   (a)  immersion in water, waste water, or chemical solutions (aqueous and
        non-aqueous solutions) or chronic exposure of interior surfaces to
        moisture condensation;

   (b)  acute or chronic exposure to corrosive, caustic or acidic agents, or
        similar chemicals, chemical fumes, chemical mixtures or solutions;

   (c)  repeated exposure to temperatures in excess of 121°C;

   (d)  repeated heavy abrasion, including mechanical wear and repeated
        scrubbing with industrial solvents, cleaners or scouring agents; or

   (e)  exterior exposure of metal structures; “interior stains”
        (室內索色劑) means stains that are labelled and formulated
        exclusively for use on interior surfaces; “Japans or faux finishing
        coatings” (仿藝漆) means glazes that are designed for wet-in-wet
        techniques and used as a stain or glaze to create artistic effects,
        including but not limited to dirt, old age, smoke damage and simulated
        marble and wood grain; “lacquers” (清漆) means clear or
        pigmented wood finishes, including clear lacquer sanding sealers, that
        are formulated with nitrocellulose or synthetic resins to dry by
        evaporation without chemical reaction; “low-solids coatings”
        (低固含量塗料) means architectural coatings containing 0.12 kg
        or less of solids per litre of material; “magnesite cement
        coatings” (菱鎂土水泥塗料) means coatings that are formulated
        for or applied to magnesite cement decking to protect the magnesite
        cement substrate from erosion by water; “mastic coatings”
        (膠脂塗料) means architectural coatings that are formulated to
        cover holes and minor cracks and to conceal surface irregularities,
        and applied to a thickness of at least 0.25 mm (dry, single coat);
        “metallic pigmented coatings” (金屬顏料塗料) means
        architectural coatings in a ready to use condition, excluding roof
        coatings, containing at least 48 grams per litre of coating, of
        elemental metallic pigment (excluding zinc), mica particles or any
        combination of metallic pigments and mica particles; “Method 24”
        (方法24) means Method 24, “Determination of Volatile Matter
        Content, Water Content, Density, Volume Solids, and Weight Solids of
        Surface Coatings”, as adopted by US EPA; “Method 303”
        (方法303) means Method 303, “Determination of Exempt Compounds”,
        as adopted by the South Coast Air Quality Management District of
        California, United States; “multi-colour coatings” (多彩漆)
        means architectural coatings that exhibit more than one colour when
        applied and are packaged in a single container and applied in a single
        coat; “non-flat coatings” (非啞面塗料) means architectural
        coatings that register a gloss of 5 or greater on a 60-degree meter
        and a gloss of 15 or greater on a 85-degree meter; “other
        architectural coatings” (其他建築塗料) means any architectural
        coatings not otherwise listed in this Schedule; “post-consumer
        coatings” (用後塗料) means finished coatings that would have
        been disposed of as waste, having completed their usefulness to a
        consumer, and do not include manufacturing wastes; “pre-treatment
        coatings for metal” (預處理金屬塗料) means architectural
        coatings that contain no more than 12% solids by weight, and at least
        0.5% acid by weight, are used to provide surface etching, and are
        applied directly to metal surfaces to provide corrosion resistance,
        adhesion and ease of stripping; “pre-treatment wash primers”
        (預處理蝕洗底漆) means architectural coatings that contain a
        minimum of 0.5% acid by weight, applied directly to bare metal
        surfaces to provide necessary surface etching; “primers” (底漆)
        means architectural coatings that are applied to a surface to provide
        a firm bond between the substrate and subsequent coats; “quick-dry
        enamels” (快乾磁漆) means non-flat coatings that—

   (a)  are capable of being applied directly from the container by brush or
        roller under normal conditions (the normal conditions being ambient
        temperatures between 16°C and 27°C);

   (b)  when tested by ASTM D1640, are set-to-touch in 2 hours or less,
        dry-hard in 8 hours or less and tack-free in 4 hours or less by the
        mechanical test method; and

   (c)  have a dried film gloss of 70 or greater on a 60-degree meter;
        “quick-dry primers, sealers and undercoaters”
        (快乾底漆、封固底劑及中層底漆) means primers, sealers
        and undercoaters that are intended to be applied to a surface to
        provide a firm bond between the substrate and subsequent coats and
        that are dry-to-touch in half an hour and can be recoated in 2 hours
        (ASTM D1640); “recycled coatings” (再造塗料) means
        architectural coatings that are formulated such that 50% or more of
        the total weight consists of secondary and post-consumer coatings and
        10% or more of the total weight consists of post-consumer coatings;
        “roof coatings” (屋頂塗料) means coatings that are formulated
        for application to roofs for the primary purpose of preventing
        penetration of the substrate by water or reflecting heat and
        ultraviolet radiation; “roof primers (bituminous)”
        (屋頂底漆(瀝青)) means primers that are formulated for or
        applied to roofing that incorporates bituminous coating materials;
        “rust preventative coatings” (防銹塗料) means architectural
        coatings that are formulated for use in preventing the corrosion of
        metal surfaces in residential and commercial situations; “sanding
        sealers” (摻砂封固底劑) means clear wood architectural
        coatings that are formulated for or applied to bare wood for sanding
        and to seal the wood for subsequent application of coatings;
        “sealers” (封固底劑) means architectural coatings that are
        applied to either block materials from penetrating into or leaching
        out of a substrate, to prevent subsequent coatings from being absorbed
        by the substrate or to prevent harm to subsequent coatings by
        materials in the substrate; “shellacs” (蟲膠) means clear or
        pigmented architectural coatings that are formulated solely with the
        resinous secretions of the lac beetle (laccifer lacca), thinned with
        alcohol, and formulated to dry by evaporation without a chemical
        reaction; “specialty primers” (專業底漆) means architectural
        coatings that are formulated for or applied to a substrate to seal
        fire, smoke or water damage, or to condition excessively chalky
        surfaces that have chalk rating of 4 or less as determined by the ASTM
        D4214–Photographic Reference Standard No. 1; “stains”
        (索色劑) means opaque or semi-transparent architectural coatings
        that are formulated to change the colour but not conceal the grain
        pattern or texture; “superior durability solvent-borne coatings for
        metal” (極耐用油性金屬塗料) means solvent-borne
        architectural coatings for metal with—

   (a)  a minimum of 10 years’ durability;

   (b)  no less than 500 hours weather resistance as determined by ASTM G154;
        and

   (c)  protection against corrosion in an acidic or alkaline environment;
        “swimming pool coatings” (游泳池塗料) means coatings that are
        specifically formulated for or applied to the interior of swimming
        pools and to resist swimming pool chemicals; “swimming pool repair
        coatings” (游泳池維修塗料) means chlorinated and rubber-based
        coatings that are used for the repair and maintenance of swimming
        pools over existing chlorinated and rubber-based coatings; “traffic
        coatings” (道路塗料) means coatings that are formulated for or
        applied to public streets, highways and other surfaces, including but
        not limited to kerbs, berms, driveways and parking lots;
        “undercoaters” (中層底漆) means architectural coatings that
        are formulated for or applied to substrates to provide a smooth
        surface for subsequent coats; “varnishes” (光油) means clear
        wood finishes that are formulated with various resins to dry by
        chemical reaction; “volatile organic compound”
        (揮發性有機化合物) means any volatile compound of carbon
        excluding methane, carbon monoxide, carbon dioxide, carbonic acid,
        metallic carbides, metallic carbonates, ammonium carbonate and exempt
        compounds; “waterproofing concrete or masonry sealers”
        (防水混凝土或磚石封固底劑) means clear or pigmented
        sealers that are formulated for sealing concrete and masonry to
        provide resistance against water, alkalis, acids, ultraviolet light
        and staining; “waterproofing sealers” (防水封固底劑) means
        architectural coatings that are formulated for the primary purpose of
        preventing penetration of porous substrates by water; “wood
        preservatives” (木料防腐劑) means architectural coatings that
        are formulated to protect wood from decay or insect attack by the
        addition of a wood preservative chemical; “zinc-rich industrial
        maintenance primers” (富鋅工業保養底漆) means primers that
        are formulated to contain a minimum of 65% metallic zinc powder (zinc
        dust) by weight of total solids for application to metal substrates.

PART 2

MAXIMUM LIMITS OF VOLATILE ORGANIC COMPOUND CONTENT FOR REGULATED PAINTS TO
WHICH SECTION 3(1) OF THIS REGULATION APPLIES

The following maximum limits of volatile organic compound content, expressed
as grams of volatile organic compounds per litre of coating and as determined
under section 1 of Part 5, are specified for the following regulated paints
when in a ready to use condition—

Item

Regulated paints
Maximum limits of volatile
organic compound content

1. Aluminium roof coatings 250 2. Below-ground wood preservatives 350 3. Bond
breakers 350 4. Clear brushing lacquers 650 5. Clear wood finishes (sanding
sealers) 150 6. Concrete-curing compounds 350 7. Dry-fog coatings 400 8.
Fire-proofing exterior coatings 350 9. Graphic arts (sign) coatings 500 10.
Interior stains 250 11. Magnesite cement coatings 450 12. Mastic coatings 300
13. Other architectural coatings 250 14. Pigmented lacquers 275 15. Recycled
coatings 250 16. Roof coatings (exposed) 50 17. Roof coatings (non-exposed)
250 18. Shellacs (clear) 730 19. Shellacs (pigmented) 550 20. Specialty
primers 350 21. Stains 100 22. Swimming pool repair coatings 340 23. Swimming
pool coatings (other) 340 24. Waterproofing concrete or masonry sealers 400
25. Wood preservatives (other) 350

PART 3

MAXIMUM LIMITS OF VOLATILE ORGANIC COMPOUND CONTENT FOR REGULATED PAINTS TO
WHICH SECTION 3(2) OF THIS REGULATION APPLIES

The following maximum limits of volatile organic compound content, expressed
as grams of volatile organic compounds per litre of coating and as determined
under section 1 of Part 5, are specified for the following regulated paints
when in a ready to use condition—

Item

Regulated paints
Maximum limits of volatile
organic compound content

1. Fire-retardant coatings (clear) 650 2. Flat coatings 50 3. Granite
look-alike coatings or textured undercoaters 100 4. Japans or faux finishing
coatings 350 5. Multi-colour coatings 250 6. Non-flat coatings 150 7. Roof
primers (bituminous) 350

PART 4

MAXIMUM LIMITS OF VOLATILE ORGANIC COMPOUND CONTENT FOR REGULATED PAINTS TO
WHICH SECTION 3(3) OF THIS REGULATION APPLIES

1. The following maximum limits of volatile organic compound content,
expressed as grams of volatile organic compounds per litre of coating and as
determined under section 1 of Part 5, are specified for the following
regulated paints when in a ready to use condition—

Item

Regulated paints
Maximum limits of volatile
organic compound content

1. Clear wood finishes (lacquers) 550 2. Clear wood finishes (varnishes) 150
3. Extreme high-gloss coatings for metal 420 4. Fire-retardant coatings
(pigmented) 350 5. Floor coatings 250 6. High-temperature industrial
maintenance coatings 420 7. Industrial maintenance coatings 250 8. Metallic
pigmented coatings 500 9. Pre-treatment coatings for metal 420 10.
Pre-treatment wash primers 420 11. Primers, sealers and undercoaters 200 12.
Quick-dry enamels 250 13. Quick-dry primers, sealers and undercoaters 200 14.
Rust preventative coatings 400 15. Superior durability solvent-borne coatings
for metal 420 16. Traffic coatings 150 17. Waterproofing sealers 250 18.
Zinc-rich industrial maintenance primers 250

2. The following maximum limit of volatile organic compound content, expressed
as grams of volatile organic compounds per litre of material and as determined
under section 2 of Part 5 is specified for the following regulated paint when
in a ready to use condition—

Item

Regulated paint
Maximum limit of volatile
organic compound content

1. Low-solids coatings 120

PART 5

METHOD OF CALCULATING THE VOLATILE ORGANIC COMPOUND CONTENT OF REGULATED
PAINTS

1. With the exception of low-solids coatings, the volatile organic compound
content of regulated paints in a ready to use condition shall be calculated by
the following formula—

Wa － Wb － Wc － Wd ——————————— Ve － Vf － Vg

where— Wa represents the weight of volatile compounds in grams as determined
by Method 24; Wb represents the weight of water in grams as determined by
Method 24; Wc represents the weight of exempt compounds in grams as determined
by Method 303; Wd represents the weight of volatile organic compounds in grams
of any colourant added to tint base per litre of material, as provided by the
paint manufacturer or importer; Ve represents the volume of material in litres
as determined by Method 24; Vf represents the volume of water in litres as
determined by Method 24; Vg represents the volume of exempt compounds in
litres as determined by Method 303.

2. For low-solids coatings in a ready to use condition, the volatile organic
compound content shall be calculated by the following formula—

Wa － Wb － Wc － Wd ——————————— Ve

where— Wa represents the weight of volatile compounds in grams as determined
by Method 24; Wb represents the weight of water in grams as determined by
Method 24; Wc represents the weight of exempt compounds in grams as determined
by Method 303; Wd represents the weight of volatile organic compounds in grams
of any colourant added to tint base per litre of material, as provided by the
paint manufacturer or importer; Ve represents the volume of the material in
litres as determined by Method 24. “aluminium roof coatings”
(屋頂銀漆) “appurtenances” (附屬物) “architectural coatings”
(建築塗料) “below-ground wood preservatives” (地下木料防腐劑)
“bituminous coating materials” (瀝青塗料物料) “bond breakers”
(黏合分隔材料) “clear brushing lacquers” (透明手髹漆) “clear
wood finishes” (透明木面塗料) “concrete-curing compounds”
(混凝土養護混合料) “dry-fog coatings” (乾霧塗料) “exempt
compound” (豁免化合物) “extreme high-gloss coatings for metal”
(極高光金屬塗料) “fire-proofing exterior coatings”
(防燃外部塗料) “fire-retardant coatings” (阻燃塗料) “flat
coatings” (啞面塗料) “floor coatings” (地台塗料) “granite
look-alike coatings or textured undercoaters” (仿石塗料或浮雕底漆)
“graphic arts (sign) coatings” (印藝(標誌)塗料) “high-temperature
industrial maintenance coatings” (耐高溫工業保養塗料) “industrial
maintenance coatings” (工業保養塗料) “interior stains”
(室內索色劑) “Japans or faux finishing coatings” (仿藝漆)
“lacquers” (清漆) “low-solids coatings” (低固含量塗料)
“magnesite cement coatings” (菱鎂土水泥塗料) “mastic coatings”
(膠脂塗料) “metallic pigmented coatings” (金屬顏料塗料)
“Method 24” (方法24) “Method 303” (方法303) “multi-colour
coatings” (多彩漆) “non-flat coatings” (非啞面塗料) “other
architectural coatings” (其他建築塗料) “post-consumer coatings”
(用後塗料) “pre-treatment coatings for metal” (預處理金屬塗料)
“pre-treatment wash primers” (預處理蝕洗底漆) “primers”
(底漆) “quick-dry enamels” (快乾磁漆) “quick-dry primers, sealers
and undercoaters” (快乾底漆、封固底劑及中層底漆) “recycled
coatings” (再造塗料) “roof coatings” (屋頂塗料) “roof primers
(bituminous)” (屋頂底漆(瀝青)) “rust preventative coatings”
(防銹塗料) “sanding sealers” (摻砂封固底劑) “sealers”
(封固底劑) “shellacs” (蟲膠) “specialty primers” (專業底漆)
“stains” (索色劑) “superior durability solvent-borne coatings for
metal” (極耐用油性金屬塗料) “swimming pool coatings”
(游泳池塗料) “swimming pool repair coatings” (游泳池維修塗料)
“traffic coatings” (道路塗料) “undercoaters” (中層底漆)
“varnishes” (光油) “volatile organic compound”
(揮發性有機化合物) “waterproofing concrete or masonry sealers”
(防水混凝土或磚石封固底劑) “waterproofing sealers”
(防水封固底劑) “wood preservatives” (木料防腐劑) “zinc-rich
industrial maintenance primers” (富鋅工業保養底漆)