EPD - Legislation for Management of Air Quality

Legislation for the Management of Air Quality

The Air Pollution Control Ordinance (APCO) is the principal law for managing air quality. Regulations cover specific areas related to air pollution, such as power plant emissions, motor vehicle fuel and emissions, asbestos control, construction dust and industrial emissions.

Pollution from motor vehicles is controlled through fuel and emission controls. The permitted sulphur content of motor diesel fuel has been progressively tightened from 0.2 per cent in April 1995 to 0.035 per cent from January 2001. Diesel with a sulphur content of 0.005 per cent became widely available in 2000, and was made mandatory for motor diesel in April 2002. The sale of leaded petrol was banned from April 1999. The benzene level in petrol was tightened from 5 per cent to not more than 1 per cent, effective April 2000. The unleaded petrol specifications were tightened to Euro IV level from January 2005.

For motor vehicle emissions, all newly registered vehicles have had to comply with stringent emission standards since 1995. These have been progressively tightened to stay in line with that of the European Union, the United States and Japan. The Euro III emission standard was implemented in phases starting from 2001 and will be tightened to Euro IV level in phases starting from January 2006. Newly registered taxis are required to use LPG or petrol starting from August 2001. Pre-Euro light diesel vehicles up to 4 tonnes are required to have an emission reduction device for licence renewal starting from December 2003.

In terms of global obligations, the Ozone Layer Protection Ordinance is regularly reviewed to ensure it's effectiveness in implementing the amendments to the Montreal Protocol on substances that deplete the ozone layer.

Electricity generation remains the biggest source of air pollution in Hong Kong. It accounts for 89% of the SO2, 44% of the NOx and 32% of the RSP emitted locally in 2006. Under the APCO, power plants are subject to licence control, under which they have required to use the Best Practicable Means to prevent and minimise the air pollutant emission. To minimise the emissions, new power plants built after 1997 have been required to consume clean gaseous fuel. Starting from August 2005, emission caps are imposed in the renewed licences of power plants, requiring them to progressively reduce the emission to meet reduction targets for 2010.

VOCs play a significant role in the formation of ozone and fine particulates in the atmosphere, which causes smog and reduces visibility. The new Air Pollution Control (Volatile Organic Compounds) Regulation, effective from April 2007, controls the VOC emissions from architectural paints/coatings, printing inks and six selected consumer products - air fresheners, hairsprays, multi-purpose lubricants, floor wax strippers, insecticides and insect repellents. This regulation imposes maximum limits on the VOC content of selected products, and requires emission reduction devices to be installed on lithographic heatset web printing machines.

Environmental Legislation for Air Pollution Control in Effect as at 31 December 2007

Legislation		Description of Control
Air Pollution Control Ordinance (Cap. 311) 1983		Provides for the control of air pollution from stationary sources and motor vehicles. Also enables promulgation of regulations (as below).
Air Pollution Control (Air Control Zones) (Declaration) (Consolidation) Order 1993		Provides for consolidated declaration of Air Control Zones.
Air Pollution Control (Appeal Board) Regulations 1983		Stipulates the procedures and run down of an appeal.
Air Pollution Control (Asbestos) (Administration) Regulation 1996		Provides for the qualifications and fees for registration of asbestos consultants,contractors, supervisors and laboratories.
Air Pollution Control (Construction Dust) Regulation 1997		Requires contractors to take dust reduction measures when construction work is being carried out.
Air Pollution Control (Dry-cleaning Machines) (Vapour Recovery) Regulation 2001		Requires dry-cleaning machines using PCE as a dry-cleaning agent to be equipped with a vapour recovery system and to meet the stipulated emission standard.
Air Pollution Control (Dust and Grit Emission) Regulations 1974		Stipulates the emission standards, assessment procedures and requirements for particulate emissions from stationary combustion sources.
Air Pollution Control (Emission Reduction Devices for Vehicles) Regulation 2003		Requires pre-Euro light diesel vehicles up to 4 tonnes to have emission reduction devices for licence renewal.
Air Pollution Control (Fuel Restriction) Regulations 1990		Prohibits the use of high sulphur content solid and liquid fuel for commercial and industrial appliances. (In Shatin, only gaseous fuel is allowed except for the appliances used in construction sites or for emergency purposes.)
Air Pollution Control (Furnaces, Oven and Chimneys) (Installation and Alteration) Regulations 1972		Requires prior approval to ensure suitable design for the installation and alteration of furnaces, ovens and chimneys.
Air Pollution Control (Motor Vehicle Fuel) Regulation 1994		Sets out the specifications of liquid motor vehicle fuel to be used in motor vehicles and prohibits the sale of leaded petrol.
Air Pollution Control (Open Burning) Regulation 1996		Prohibits open burning of construction waste, tyres and cables for metal salvage, and controls other open burning activities by permit system.
Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation 1999		Requires petrol dispensers and petrol storage tanks of petrol filling stations and petrol delivery vehicles to be equipped with effective vapour recovery systems and to observe good practice during petrol unloading and vehicle refuelling.
Air Pollution Control (Smoke) Regulation 1983		Restricts emission of dark smoke from stationary combustion sources.
Air Pollution Control (Specified Processes) Regulations 1987		Provides the administrative framework for the licensing of Specified Processes.
Air Pollution Control (Specified Processes) (Removal of Exemption) Order 1993, 1994 and 1996		Removes the exemption granted to the owner of premises for conduct of certain specified processes.
Air Pollution Control (Specified Processes) (Specification of Required Particulars and Information) Order 1993 and 1994		Provides for the supply of information and specifications by owners of certain existing specified processes to the Air Pollution Control Authority.
Air Pollution Control (Vehicle Design Standards) (Emission) Regulations 1992		Sets out the emission standards for newly registered vehicles.
Air Pollution Control (Volatile Organic Compounds) Regulation 2007		Imposes limits on the VOC content of architectural paints/coatings, printing inks and six selected consumer products - air fresheners, hairsprays, multi-purpose lubricants, floor wax strippers, insecticides and insect repellents, and requires emission reduction devices to be installed on lithographic heatset web printing machines.
Building (Demolition Works) Regulations (Cap.123) 1962		Regulates building demolition, including prevention of nuisance.
Ozone Layer Protection Ordinance (Cap. 403) 1989		Gives effect to Hong Kong's international obligations under the 1985 Vienna Convention, the 1987 Montreal Protocol and any amendments to control the manufacture, import and export of ozone depleting substances.
Ozone Layer Protection (Controlled Refrigerants) Regulation 1994		Requires the conservation of controlled refrigerants used in large scale installations and motor vehicles.
Ozone Layer Protection (Products Containing Scheduled Substances) (Import Banning) Regulation 1993		Prohibits the import of portable fire extinguishers containing halons from all countries and other controlled products from a country or place not a party to the Montreal Protocol unless the Authority considers that it complies with the requirements of the Protocol.
Public Health and Municipal Services Ordinance (Cap. 132) 1960		Makes provision for urban services and public health, including control of nuisance caused by emissions of fumes.
Road Traffic Ordinance (Cap. 374) 1984		Regulates road traffic, vehicle and users of roads and related matters; includes provisions to limit pollution from vehicles.
Road Traffic (Construction and Maintenance of Vehicles) Regulations 1984		Specifies emission limits for in-service vehicles.
Shipping and Port Control Ordinance (Cap. 313) 1978		Regulates and controls ports, vessels and navigation, including control of smoke emissions.
Summary Offences Ordinance (Cap. 228) 1933		Provides for the control on dropping dirt in a public place, for example from trucks onto a public road.


Details of the above ordinances and regulations can be found in the "Bilingual Laws Information System" website of the Department of Justice at http://www.legislation.gov.hk/.

Development of New Air Legislation

Good progress was made in the development of new legislation in 2005 (See summary table). Legislation was amended to tighten the emission standards for vehicles not more than 3.5 tonnes to Euro IV in two phases from January 2006. A further legislation amendment is being prepared to tighten the emission standards for vehicles over 3.5 tonnes to Euro IV from October 2006. The Air Pollution Control (Emission Reduction Devices for Vehicles) Regulation was amended in 2005 requiring all pre-Euro diesel vehicles over 4 tonnes, except long idling vehicles, to install approved emission reduction devices as from 1 April 2006. To ensure a smooth, timely and transparent implementation of the emission caps for the power plants with a view to meet the 2010 emission reduction targets, a proposal to amend the Air Pollution Control Ordnance will be introduced into the Legislative Council in early 2008 to, inter alia, stipulate the emission caps for power plants in Hong Kong in 2010 and beyond; and to allow power plants to use emissions trading as an alternative means for achieving the emission caps.

Proposed Legislation/Control	Features	Current Status
Amendment of the Air Pollution Control (Vehicle Design Standards)(Emission) Regulations	The emission standards for newly registered vehicles will be tightened to Euro IV standards in step with the European Union.	The Amendment Regulation for vehicles not over 3.5 tonnes was approved by the Legislative Council and will commence in phases from January 2006. The amendment for vehicles over 3.5 tonnes is being prepared.
Amendment of the Air Pollution Control (Emission Reduction Devices for Vehicles) Regulation	Pre-Euro diesel vehicles over 4 tonnes will be required to be installed with emission reduction devices.	The amendment was tabled at the Legislative Council on 30 November 2005 and will commence on 1 April 2006.
Amendment of the Air Pollution Control Ordinance	To stipulate the emission caps for sulphur dioxide, nitrogen oxides and respirable suspended particulates from power plants in Hong Kong in 2010 and beyond; To allow power plants to use emissions trading as an alternative means for achieving the emission caps; To repeal the provision that enables the Director of Environmental Protection to refer an Appeal Board’s decision for review by the Chief Executive in Council and to bar public officers from serving on an Appeal Board, except that a judge may still be appointed as the Chairman of the Appeal Board.	Scheduled for introduction to Legislative Council in early 2008
Amendment of the Air Pollution Control (Fuel Restriction) Regulations	To tighten the sulphur content of industrial diesel from no more than 0.5% to Ultra Low Sulphur Diesel (ULSD) level of no more than 0.005% and to allow fuel users to use other fuels and technologies as an alternative to ULSD so long as a set of specified emission limits is met.	The amendment is to be introduced to the Legislative Council by April 2008 with a view to coming into operation on 1 July 2008.

2005

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Last Revision Date : 26 August 2008