AlAfghani, MM and Paramita D, Polychlorinated Biphenyls (PCBs) Phasing-Out Regulation in Indonesia, Final Report. All rights reserved.
Transportation of B3
Government Regulation No. 74 /2001 (GR 74) on the Management of B3 require transporters to be equipped with Materials Safety Data Sheet (MSDS).141 Further, GR No. 74/2001 refer to prevailing transportation regulations in terms of the roadworthiness of each vehicle.
Transportation of B3 Waste
Government Regulation No.101/2014 Chapter VI contain provision regarding the transportation of B3 waste. The B3 transporter must have a recommendation letter to transport B3 waste from the Ministry of Environment and Forestry and a permit regarding B3 waste management to transport B3 waste from the Minister of Transportation.142 In order to obtain the letter of recommendation, a written application should be submittedalong with: a) theidentity of the applicant, b) the deed of the establishment of the businessentity, c) a proof of ownership pertaining to the environmental prevention and pollution funds and/or environmental damage and environmental rehabilitation assurance fund, d) a proof of ownership regarding the vehicle, e) B3 waste transport document143 f) contract/agreement among the B3 waste producer and the B3 waste collector, B3 waste utilisator (pemanfaat limbah B3), B3 waste treator (pengolah limbah), and/or B3 waste hoarder (penimbun limbah B3) whose have permit144.
1. Road Transportation
General provisions regarding road transportation of hazardous substance is regulated under GR No. 74/2014 on Road Transportation. The detailed requirements are further stipulated under the Ministry of Transportation Decree No. KM.69/1993 on Goods Transportation by Road and its amendment, Decree No. KM 30/2002.
Based on the Decree No. KM.69/1993, the transportation of hazardous substances should use vehicle that meets the technical requirements.145 The vehicleshould equipped with company’s name, placard, driver’s identity, first aid box, and radio communication. It is also required to be equipped by eyeglasses, mask, gloves, and safety clothesfor the passengers146. Attachment IV of the Decree provides examples of the shape and size of the placard for the vehicle transporting hazardous substance.
Further requirements regarding the transport of hazardous substance is regulated under the Director General of Land Transportation Decree No. SK.725/AJ.302/DRJD/2004 regarding the Land Transportation of the Hazardous and Toxic Substance. Some of the provisions on the Decreeregulates: a) Vehicleto transport B3; b) Driverand Driver’s Helper;c) Hazardous and toxic substance trajectory; d) Operational procedure for vehicle transporting hazardous and toxic substance; e) Approval for the hazardous and toxic substance transportation; f) Obligation of the hazardous and toxic substance transporter; g) The responsibility of the owner and/or party responsible for the hazardous and toxic substance; h) Supervision; and i) Information system and management.
In addition, obtaining an approval from the Director General of Land Transportation prior to transporting B2 is a must147. For the purpose of the approval, the Director General of Land Transportation issued DecreeNo. SK.1280/AJ.302/DRJD/2004 on the Form, Color and Size of a Letter of Approval regarding the Transport of Heavy Equipment and Hazardous and Toxic Substances.
The hazardous substance transport services have specific characteristics that should be fulfilled such as: the road infrastructure traversed for transporting B2 should comply with the road classification; the availability of places, loading and unloading facilities; the hazardous substance is transported by the designated vehicle that meets criteria to transport hazardous substance; the availability of transportation document from relevant agency; the transportation should have special signs and labels as classified in the attachment III of the Decree No. 69/KM.1993148.
There is a slight different definition regarding hazardous substance based on the Decree with other existing regulations such as Ministry of Trade Regulation and GR No. 74/2001.
The Minister of Transportation Decrees and the Director General Decree only mention transportation for hazardoussubstance/hazardous and toxicsubstance. It does not specify the transportation for the hazardous waste and/or hazardous and toxic waste.
2. Marine Transportation
Transporting B3 (Hazardous and Toxic Substances)
Minister of Transportation Decree No KM. 17/ 2000 regarding Guideline on Handling Substances/Dangerous Goods in Indonesia Navigation was issued to implement the International Maritime Dangerous Goods (IMDG) Code as a guide to handle hazardous substance/material in Indonesia’s navigation. The guide consists of Book I, II, III, IV and its supplements as the attachment of the Decree.
Minister of Transportation Regulation No. KM 02/ 2010 on the amendment of Minister of Transportation Decree No. KM 17 of 2000, states that the Director General of Marine Transportation is appointed as the competent authority for the implementation of International Maritime Dangerous Goods/IMDG Code 2008 within Indonesia’s water territory 149 . The authorities of the Director General are: a) organizing and stipulating requirements for hazardous substance handling training; b) stipulating the classifications of hazardous substances; c) authorize the hazardous substance packing; d) authorizing certain requirements from IMDG Code 2008; e) exempting IMDG Code 2008150.
Based on the IMDG Code, dangerous goods mean the substances, materials and articles covered by the IMDG Code151. Substances (which include mixtures and solution) and articles that are regulated under the Code are assigned to one of the classes 1-9 based on the hazard or the highest threat of the hazard they present. The hazard classes can be found in the attachment.152Several substances from classes 1 to 9 are considered as marine pollutants. Specific marine pollutants with extreme pollution potential are identified as severe marine pollutants.
Transporting B3 Waste (Hazardous and Toxic Waste)
In terms of terms of wastes, they should be transported based on the provisions of the appropriate class, considering their hazards and criteria in the Code. IMDG Chapter7.8 Provide Provisions regarding Transport of Wastes. Based on the Preamble of the chapter, it is states that “ wastes, whichare dangerous goods,shall be transported in accordance with the relevant international recommendations and conventions and, in particular, where it concernstransport by sea, with the provisions of this code”. Wastes that are not subject to this Code but covered under the Basel Convention may be transported under Class 9153.
In 2014, the Minister of Transportation issued Regulation No. PM 29/2014 regarding Marine Pollution Prevention. Chapter V of the regulation specifically includes provisions regarding B3 Waste Transportation. The vessel that is used to transport B3 waste has to comply with the requirement 154 . Several requirements are: manifest document, marking, labelling and stowage, loading procedure (tata cara pemuatan), pollution control and safety equipment155. The applicant/transporter has to provide: sufficient data regarding the vessel, copy of pollution prevention certificate, copy of safety certificate, data and information regarding type of B3 waste being transported, standard operational procedure for transporting the B3 waste156. In the event that the requirements are fulfilled, the Director General of Marine Transportation (Direktur Jenderal Perhubungan Laut) issues the permit letter for transporting of hazardous and toxic waste, in which the format of the letter is provided by the regulation157.
In 2015 the Director General of Marine Transportation issued Circular Letter No.003/I/2/DK- 15 regarding B3 waste Transportation for the Indonesian Flag Vessels ( Pengangkutan Limbah Bahan Berbahaya dan Beracun Bagi Kapal-Kapal Berbendera Indonesia ). The circular letter requires a reporting obligation for the ship owner to report all the B3 waste transportation activities to the local harbormaster (syahbandar) and provides the copy of the report to the Direktur Perkapalan dan Kepelautan, Ditjen Hubungan Laut (Hubla).
3. Air Transportation
Air Transporation is regulated under Ministry of Transportation Regulation No.KM 16/2009 on Civil Aviation Safety Regulation (CASR) Part 92 on the Safe Transport of Dangerous Goods by Air. The Director General of Air Transportation is in charge to monitor the implementation of this regulation. The definition regarding dangerous goods is refer to the CASR that is “Articles or substances which are capableof posing a risk to health, safety,property or the environment and which are shown in the list of dangerous goods in the technical instructions or which are classifies according to those instructions158.” The technical instruction refers to the document entitled Technical Instruction for the Safe Transport of Dangerous Goods by Air, issues by the International Civil Aviation Organization.
Nevertheless, the Ministry of Transportation Regulation KM 16/2009 applies only for civil aviation and it is not assigned for specific aircrafts transporting dangerous goods.
141 Article 12 GR No. 74/2001
142 Article 48(1) GR No.101/2014
143 The document should covers information regarding the amount and type of vehicle, source, name and characteristic of B3 waste, B3 waste emergency respond procedure, equipment to handle B3 waste, loading and unloading of B3 waste procedure.
144 Article 48(3) GR No.101/2014
145 Article 11(1) Decree No. 69/KM.1993
146 Article 14(1)(2) Decree No. 69/KM.1993
147 Article 12 (1) Decree No. 69/KM.1993
148 Article 13 Decree No. 69/KM.1993
149 Article 1A (1) Minister of Transportation Regulation No. KM 02/ 2010
150 Article 1A (2) Minister of Transportation Regulation No. KM 02/ 2010
151 Chapter VII Regulation 1 IMDG Code
152 IMDG Code
153 Section 220.127.116.11 IMDG Code
154 Regulation No. PM 29/2014, Article 80 (1)
155 Regulation No. PM 29/2014, Article 80 (3)
156 Regulation No. PM 29/2014, Article 80 (1)
157 Regulation No. PM 29/2014, Article 80 (4)
158 Subpart 92.010 CASR Part 92