AlAfghani, MM and Paramita D, Polychlorinated Biphenyls (PCBs) Phasing-Out Regulation in Indonesia, Final Report. All rights reserved.
Indonesian regulatory framework distinguishes between “hazardous and toxic substances” (bahan berbahaya dan beracun or “B3”) and the waste of hazardous and toxic substances (limbah bahan berbahaya dan beracun or “Limbah B3”). This distinction is also reflected in the division of units (and its regulatory competences) at the Ministry of Environment and Forestry. The B3 leading legislation is Government Regulation 74 Year 2001 on Hazardous and Toxic Substance Management (“GR 74”) and the leading legislation for LimbahB3 is the Government Regulation No. 22 of 2021 on the Management of the Environment (“GR 22”). Both Government Regulations directly implements the primary environmental legislation, the Law Number 32 Year 2009 on Environmental Protection and Management (“Law 32/2009”).
GR No. 74 defines B3 as substances that, due to their characteristic, concentration and/or amount, either directly or indirectly, can pollute and/or damage the environment, and/or harm the environment, health and the life of humans and other living beings34. Government Regulation No. 74 of 2001 regulates several pollutants addressed in the Stockholm Convention. The pollutants listed in the attachment of the GR No. 74 are as follows:
List of POPs Based on GR No. 74/2001
|Substances||Category Under GR No. 74/2001||
B3 that is forbidden to be used
Chemical Abstract Service (CAS)35: 309-00-2 Synonym: HHDN
Molecule formula: C12H8Cl6
B3 that is forbidden to be used CAS: 57-74-9
Synonym: CD68; Velsicol 1068; Toxichlor; Niran; Octachlor; Orthoclor; Synclor; Belt; Corodane.
Molecule formula: C10H6Cl8
B3 that is forbidden to be used CAS: 60-57-1
Synonym: Compound 497; ENT 16225; HEOD; Insectiside No.497; Octalox
B3 that is forbidden to be used CAS: 50-29-3
Synonym: Dichlorodiphenyltrichloroethane; D- 58; Chlorophenothane; Clofenotane; Dicophane; pentachlorin; p,p-DDT; Agritan; Gesapon; Gesarex; Gesarol; Guesapon; Neocid.
Molecule formula: C14H9Cl5
|Endrin||B3 that is forbidden to be used||Annex A|
|Mirex||B3 that is forbidden to be used||Annex A|
|Heptachlor||B3 that is forbidden to be used||Annex A|
B3 that is forbidden to be used CAS: 1336-36-3
Synonym: Polychlorinated Biphenyls; Chlorobiphenyls; Aroclor; Clophen; Fenclor; Kenachlor; Phenochlor; Pyralene; Santotherm.
Molecule formula: C12X X=H or C
|Annex A and C|
|Hexaclorbenzene||B3 that is forbidden to be used||-|
|Toxaphene||B3 that is forbidden to be used||-|
|Lindane||B3 that is restricted to be used||-|
From the previous table in section 1 , it is shown that GR No. 74/2001 does not include chemicals under Annex C of the Stockholm Convention (chemicals which are unintentionally produced). This is because GR No. 74/2001 focuses on the chemicals as a raw material for activities rather than chemicals which is resulted (unintentionally) from certain activities.
In addition, as explained above, currently, there are another chemicals being assessed by the POP Review Committee. In the future, the list of POPs to be eliminated and restricted will continue to grow. This is a very crucial issue for Indonesia, especially on the technicalities of how GR 74 can cope with the evolving list of POPs. Should the attachment be amended whenever there is a new list of POPs or should the Ministry of Environment formulate specific regulation regarding new POPs list?
2. Regulation on the waste of hazardous and toxic substances (Limbah B3)
The leading regulation on Limbah B3 is GR 22, the regulation replaced GR 101 which was enacted in 2014. GR 22 reflects the Basel Convention as it not only regulates the management of Limbah B3 but also the transboundary movement of Limbah B3. PCBs is categorized as hazardous and toxic waste. It is listed under the attachment of the GR, (Limbah B3 from an unspecific source), coded as A101d and classified as hazard category 1. However, the GR still have not comprehensively adopted several Annexes of the Convention which classify articles containing or contaminated with PCBs, and categorise them as hazardous and toxic waste.
34 Article 1 No. 1 GR No. 74/2001
35 Chemical Abstract Service Registry Number, it is universally used to provide a unique, unmistakable identifier for chemical substances. A CAS Registry Number itself has no inherent chemical significance but provides an unambiguous way to identify a chemical substance or molecular structure when there are many possible systematic, generic, proprietary or trivial names. CAS Registry Numbers are used in many other public and private databases as well as chemical inventory listings and, of course, are included in all CAS-produced databases. https://www.cas.org/faqs