Hong Kong Reinforces Control over POPs

From October 20, 2023, the manufacture, import, export, and use of the following chemicals are subject to permit controls in Hong Kong. - Hexachlorobutadiene (HCBD) - Polychlorinated naphthalenes (PCNs) - Decabromodiphenyl ether (decaBDE) - Short-chain chlorinated paraffins (SCCPs) - PFOA, its salts, and its PFOA-related compounds - Pentachlorophenol and its salts and esters (PCP)

Recently, the Government of the Hong Kong tabled at the Legislative Council amendments of two regulations to align with international conventions. The involved two regulations are:

Hazardous Chemicals Control Ordinance (Cap. 595) (a.k.a. “HCCO”)
Pesticides Ordinance (Cap. 133) (a.k.a. “PO”)

The amendments focus on expanding lists of chemicals regulated under the HCCO and the PO (see "Main pionts" below). They were adopted and will take effect on October 20, 2023.

“Any person found guilty of manufacturing, importing, exporting, or using regulated chemicals without a permit is liable to a maximum fine of $50,000 and imprisonment for one year.”

Main points of the two amendments include:

Hazardous Chemicals Control Ordinance (Amendment of Schedule 1 and 2) Order 2023

Add HCBD, PCNs, decaBDE to Schedule 1.
List SCCPs (currently listed in Schedule 2) to Schedule 1 to impose more stringent control.
Add PFOA, its salts and PFOA-related compounds to Schedule 2.

Under the HCCO, the manufacture, import, export, and use of these listed chemicals require permit.

Note 1: In general, Part 1 of Schedule 1 to the HCCO includes chemicals listed in Annex A of the Stockholm Convention. Issuance and renewal of permits authorizing the manufacture of any chemicals listed under Part 1 of Schedule 1 are subject to more stringent conditions. Chemicals regulated by Annex B of the Stockholm Convention or Annex III of the Rotterdam Convention may be added to Part 1 of Schedule 2 to the HCCO.

Pesticides Ordinance (Amendment of Schedule 1) Order 2023

Add PCP to Schedule 1.

PCP is already subject to Pesticide Permit controls under the PO. Its import, manufacture, sale,supply, possession or use must hold a valid Pesticide Permit. After PCP is listed in Schedule 1 to the PO, its export will be further restricted.

Note 2: Pesticides regulated under the Stockholm Convention and the Rotterdam Convention are specified respectively in Schedule 1 and Part 1 of Schedule 2 to the PO.

The table below are details about the target chemicals mentioned above.

/	Regulated chemicals	CAS Number	Common usage
1	Hexachlorobutadiene (HCBD)	87-68-3	Used as a solvent for rubber and other polymers, and a scrubber to remove volatile organic components from gas.
2	Polychlorinated naphthalenes (PCNs) Including: dichlorinated naphthalenes;* trichlorinated naphthalenes; tetrachlorinated naphthalenes; pentachlorinated naphthalenes; hexachlorinated naphthalenes; heptachlorinated naphthalenes; and octachlorinated naphthalene.	-	Used as wood preservatives, additives to paints and engine oils, cable insulation materials, and in capacitors.
3	Decabromodiphenyl ether (decaBDE)	1163-19-5	Used as flame-retardant additive in plastics, textiles and adhesives, etc.
4	Short-chained chlorinated paraffins (SCCPs)	E.g., 85535-84-8 68920-70-7 71011-12-6 85536-22-7 85681-73-8 108171-26-2	Used as a constituent of metal working fluids and lubricants. Also used as plasticiser or flame retardant in plastic (especially polyvinyl chloride (PVC)), or as a flame-retardant additive to a variety of products including rubber formulations, paint, coatings or sealants.
5	Perfluorooctanoic acid (PFOA) *Including its salts and its PFOA-related compounds.	335-67- 1	Used as coating agents for carpets, textiles, furniture, shoes, paper and food wraps.
6	Pentachlorophenol and its salts and esters	-	Used as pesticides

Legislative council brief of these two amendments can be accessed here.