Copied from:
AlAfghani, MM and Paramita D, Polychlorinated Biphenyls (PCBs) Phasing-Out Regulation in Indonesia, Final Report. All rights reserved.
1. Waste under Conventions and EU Law
EU Directive
Based on Directive 2006/12/EC on Waste, the term “waste” is defined as a “substance or object, which the holder discards,intends to discard,or is required to discard.84” In this regard, ‘waste’ includes any substance or object in the categories in Annex I of the Directive, which the holder discards, intends to discard, or is required to discard. Contaminated materials (e.g. oil contaminated with PCBs, etc) are included in the Annex I. In addition, disposal means that the content of the wasteis not utilized but that the wasteis incinerated, landfilled or disposed of some other way (KEMI, 2014).
The Basel Convention
The Basel Convention defines waste as “substances or objects, which are disposed of or are intendedto be disposed of or are requiredto be disposed of by the provision of national law”. Furthermore, hazardous wastes that shall be subject to the transboundary movement for the purpose of the Basel Convention are:
The Convention does not cover the following:
2. Waste under Indonesian Law
GR 101 – the leading regulation on B3 waste – covers the the stipulation of B3 waste, elimination of B3 waste, storage of B3 waste, collection of B3 waste, transportation of B3 waste, utilisation of B3 waste, management of B3 waste, stockpilling of B3 waste, dumping of B3 waste, exception of B3 waste, transboundary movement of B3 waste, environmental pollution control and/or environmental damage and environmental function rehabilitation, emergency response and B3 waste management, guidance, supervision, financing and administrative sanctions.
Waste is defined by GR 101 as: remnants of business and/or activities that contain B390. A “remnant” means a quantity or a part that is left after the greaterpart has been used, removed or destroyed91. Remnant/residue is associated with leftover materials. The definition of B3 waste as a remnant of business and or activities that contain B3 reflects the end of pipe approach or proactive environmental reaction since the focus is on the remnant/residue.
Furthermore, the GR defines B3 as: “…substances, energy, and/or other components that, due to their characteristics, concentration and/or amount, either directly or indirectly, can pollute and/or damage the environment, and/or harm the environment, healthand the life of humans and other living beings.”92. Thus there is a slightly different definition regarding the term “hazardous and toxic” (B3) within GR 101 and GR 74. Based on GR No. 74/2001, B3 is “…substances that, due to their characteristics and or 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 beings93.
Stipulation of B3 Waste
Chapter II, of GR 101, especially Article3 and 5 includes procedure regarding the stipulation of B3 waste.
Article 3(2) states that B3 waste based on its hazard category consists of:
Article 3(3) the B3 waste aforementioned in article (2) based on the sources are consists of:
Table 1. List of B3 waste from non-specific sources. Waste from specific sources means B3 waste that is not generated from the main process but from activities such as equipment maintenance, washing, corrosion prevention, corrosion inhibition, crust dissolution and packaging94. The waste includes:
Further consultation with experts is needed to determine whether a transformer (regardless its condition) that contains PCBs or is contaminated with PCBs, can be categorized as B3 waste from the non-specific source.
In addition, list of B3 waste from Common Specific Source – Table 3, attachment of the GR, as follows:
|
Industry /Activity Code |
Type of Industry/Activity |
Waste Source | Waste Code | Waste Description | Hazard Category |
| 32 |
All types of industry that produce or use electricity |
Energy distribution facility Replacement refilling, reconditioning, retrofitting process from the transformer and capacitor Gas treatment facility Oil treatment and/or storage facility Air pollution control facility |
A332-1 |
Sludge from the oil treatment or storage facility |
1 |
| B332-1 |
Sludge and filter cakes from the gas treatment |
2 | |||
| B332-2 |
Dust from the air pollution control facility |
2 |
The table does not specifically include a PCB contaminated transformer or a transformer containing PCBs – although PCB can still be covered under A101d as above.
The process of replacement, refilling, reconditioning, retrofitting from the transformer and capacitor is identified as a source of waste. The waste that is described as a result of this process only cover sludge and dust.
Artice 5(1) states in the event that there is waste which fall outside the B3 waste listed in the Attachment I that is indicated to have B3 waste characteristics, the Minister shall conduct characteristic test95 to identify the waste as either category 1, category 2 or non-B3 waste.
In terms of PCBs, GR No.101/2014 Article 107 (5) states the treatment must comply with the efficiency standard of at least a 99.9999% destruction and removal of the polychlorinated biphenyl compounds. The emission standards related to the treatment will be further stipulated in the Ministerial Regulation96. Law 32/2009 regulates that if there is an expired B3 then it should be treated as B3 waste97. The same is stipulated in GR No. 101 Article 3(3) b mentioned above and GR No. 74/2001 which states that the expired B3 and/or B3 that does notfulfill the specification and/or used packagingmust be managedunder provision regarding hazardous and toxic waste (B3) management98. In this case, expiredPCBs should be treated as B3 waste. Nevertheless, there is yet a specific regulation to manage articles/equipment contaminated with PCBs. As yet, there are no technical guidelines regarding the management of equipment/products, such as transformers, capacitors and other electronic and electrical equipment containing PCBs, nor is there a technical code of practice or incentive mechanism for the extermination of PCBs.
Related regulations regarding the management of B3 waste can be found in the Attachment II of the report. Several legal issues which may arise are as follows:
As previously mentioned, GR No. 101/2014 defines “limbah” (waste) as remnants/residue. In this case, this definition cannot be applied for transformer. If the Ministry of Environment extend the term residue extensively, the application to the transformer would be as follows:
There is a gap between GR No. 101/2014 and the Basel Convention. The Basel Convention regulates PCB contaminated materials as shown in the table below, but the GR does not explicitly regulate it.
Annex – Basel Convention
|
Annex I: Categories of Waste to Be Controlled (Waste Streams) |
Y10 |
Waste substance and articles containing or contaminated with PCBs and/or Polychlorinated terphenyls (PCTs) and/or Polybrominated biphenyls (PBBs). |
| Annex VIII, List A A1. Metal and Metal-Bearing Wastes | A1180 |
Electrical waste and electronic assemblies or scarp (e-waste) containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCBs capacitors, or contaminated with Annex I constituents (e.g.cadmium, mercury lead,polychlorinated biphenyl) to an extentthat they possess any of the characteristics contained in Annex III (note the related entry on list B B1110)99 |
| A1190 |
Waste metal cables coated or insulated with plastics containing or contaminated with col tar, PCB100, lead, cadmium, other organohalogen compounds or other Annex I constituents to an extent that they exhibit Annex III characteristics. |
|
|
Annex VIII, List A A3. Waste Containing Principally Organic Constituents, Which May Contain Metals and Inorganic Materials |
A3180 |
Waste substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more101. |
The Basel Convention defines PCBs as any material or substance containing a PCB concentration more than 50 ppm.
PCB and e-wastes
Some PCBs are used chemicals in electrical products (chemical-in-products). It is therefore important to mentionsome regulation on e-waste, which is also listed in Annex VIII of the Basel Convention. There is yet a specific definition or specific regulation on e-waste management, however, GR 101 lists e-waste:
GR No. 101/2014 includes several types of e-waste (e.g printed circuit board, cathod ray tube, etc) as shown in the table below:
List of B3 Waste from Common Specific Source
| Industry/ Activity Code |
Type of Industry/ Activity |
Waste Source | Waste Code | Waste Description | Hazard Category |
| 28 | The assembly of electronic components or electronic equipment |
Electronic components or electronic equipment manufacture and assembly Waste water treatment facility which treats the effluent |
A327-5 |
Sludge from waste water treatment facility |
2 |
| A328-1 | Mercury contactor/switch | 1 | |||
| A328-2 | Fluorescent lamp (hg) | 1 | |||
| A328-3 | Solution for printed circuit | 1 | |||
| A328-4 | Caustic strapping (photoresist) | 1 | |||
| A328-5 |
Sludge from the assembly production process |
1 | |||
| B328-1 | Cathode Ray Tube (CRT) | 2 | |||
| B328-2 | Coated glass | 2 | |||
| B328-3 | Solder residue and its flux | 2 | |||
| B328-4 | Printed circuit board (PCB) | 2 | |||
| B328-5 | Metal cable waste & its insulation | 2 | |||
| B328-6 | Sludge from waste treatment facility | 2 | |||
| 29 | Recondition or remanufac- turing electronic goods |
Electronic component and equipment remanufacture, recondition and assembly Waste water treatment facility which treats the effluent |
A329-1 | Mercury contactor/switch | 1 |
| A329-2 | Fluorescent lamp (hg) | 1 | |||
| A329-3 | Caustic strapping (photoresist) | 1 | |||
| A329-4 | Cathode Ray Tube (CRT) | 2 | |||
| A329-5 |
Solution for printed circuit |
1 | |||
| A329-6 | Sludge from production process | 1 | |||
| A329-1 | Coated glass | 2 | |||
| A329-2 | Solder residue and its flux | 2 | |||
| B329-3 |
Printed circuit board (PCB) |
2 | |||
| B329-4 | Metal cable waste & its insulation | 2 |
Relevant Regulations Regarding to E-waste Management
| No |
Regulations Title |
| 1 | Environmental Protection and Management Act No. 32/2009 |
| 2 | Law No. 18/2009 on the Waste Management |
| 3 | Presidential Decree No. 61/1993 on Basel Convention Ratification |
| 4 | Presidential Regulation No. 47/2005 on the Ratification of the Amendment of Basel Convention |
| 5 | Government Regulation No. 101/2014. |
| 6 |
Minister of Public Work Regulation No. 03/PRT/M/2013 on the Waste’s infrastructure and facilities in order to handle the domestic waste and similar type of waste |
| 7 |
Minister of Trade and industry Decree No. 39/2005 regarding Imported Used Machinery and Equipment (transportation equipment) |
| 8 |
Minister of Industry and Trade Decree No. 520/MPP/Kep/8/2003 regarding the Prohibition of Hazardous and Toxic Waste Import |
E-waste is unusable and/or nonfunctioning electronic or electric appliances since it becomes obsolete and needs to be disposed of either in whole form or as parts102. E-waste that is categorised as toxic and hazardous waste should be any e-waste containing components or parts made of or containing toxic and hazardous substance103. According to one official, after the e-waste is dismantled, it is only the components containing or contaminated by hazardous and toxic substance/materials that would be categorised as hazardous and toxic waste104.
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84 Article 1 (a) Directive 2006/12/EC on Waste
85 Article 1 a Basel Convention
86 Article 1 b Basel Convention
87 Article 2 Basel Convention
88 Article 3 Basel Convention
89 Article 4 Basel Convention
90 Article 1 No. 3 GR No. 101/2014, Limbah Berbahaya dan Beracun adalah sisa suatu usaha dan/atau kegiatan yang mengandung B3.
91 Definition based on Kamus Besar Bahasa Indonesia
92 Article 1 No. 1 GR No. 101/2014, zat, energi, dan/atau komponen lain yang karena sifat, konsentrasi, dan/atau jumlahnya, baik secara langsung maupun tidak langsung, dapat mencemarkan dan/atau merusak lingkungan hidup, dan/atau membahayakan lingkungan hidup, kesehatan, serta kelangsungan hidup manusia dan makhluk hidup lain. 93 GR No. 74/2001 “bahan yang karena sifat dan atau konsentrasinya dan atau jumlahnya, baik secara langsung maupun tidak langsung, dapat mencemarkan dan atau merusak lingkungan hidup, dan atau dapat membahayakan lingkungan hidup, kesehatan, kelangsungan hidup manusia serta makhluk hidup lainnya.”
94 Elucidation Article 3(3) GR No. 101/2014 “Limbah B3 dari sumber tidak spesifik merupakan Limbah B3 yang pada umumnya bukan berasaldari proses utamanya,tetapi berasal dari kegiatan antaralain pemeliharaan alat, pencucian, pencegahan korosi atau inhibitor korosi, pelarutan kerak, dan pengemasan”.
95 GR 101/2014, Article 8, and 9 states that the characterictic test is conducted by a B3 waste expert tim appointed by the Minister. The decision regarding the category of waste will be stipulated by The Minister.
96 GR No. 101/2014 Article 107(8)
97 Article 59 Law No.32/2009
98 Article 20 GR No. 74/2001
99 PCBs are at a concentration level of 50 mg/kg or more
100 Ibid
101 The 50 mg/kg level is considered to be an internationally practical level for all wastes. However, many individual countries have established lower regulatory levels (e.g. 20 mg/kg) for specific wastes.
102 Haruki Agustiana, Indonesian Ministry of Environment, Identification of E-Waste and Secondhand e-products in Indonesia, Beijing, 28-29 March 2007
103 Ibid
104 Ibid