Indonesia New regulation on emergency response programs for hazardous substances and hazardous waste in Indonesia

The Regulation of the Minister of Environment and Forestry No. 74 of 2019 on emergency program for the management of hazardous substances and/or hazardous waste (hereinafter referred to as the Regulation) was enacted in Indonesia on October 31, 2019 and came into effect immediately. The regulation, consisting of eight chapters and 34 articles in total, requires businesses that handle hazardous substances (B3) and hazardous waste (B3 waste) to prepare for emergency response programs.

The original text of this regulation is downloadable at the following URL.
http://jdih.menlhk.co.id/uploads/files/P_74_2019_KEDARURATAN_B3_menlhk_11112019091007.pdf

 

Regulated companies

B3 or B3 waste management emergency response programs are mandated to be developed by the following various parties that handle them.

    1. Each person who manufactures, transports, distributes, stores, uses or disposes of B3, or
    2. Each person who generates, collects, transports, utilizes, processes or disposes of B3 waste in landfills

Since the detailed definition of B3 and the B3 waste management are described in the Government Decree No. 74 of 2001 and the Government Decree No. 101 of 2014, respectively, it is necessary to refer to these laws and regulations.

 

Emergency program

The regulated entities must develop emergency programs, which consists of the following two sections.

    1. Infrastructure
    2. Response functions

The “a. Infrastructure” section above can be further subdivided into the following five categories.

Categories Detailed Overview
Organization a.   Coordinator,

b.   Deputy coordinator,

c.   Secretary,

d.   Rapid review team,

e.   Emergency response team,

f.    Health service team,

g.   Logistics team,

h.   Evacuation team, or

i.    Security team

Coordination a.    Emergency communication flow,

b.    Team coordination system, and

c.    Procedures for coordinating with government agencies and/or local governments

Facilities and equipment including early warning and alarm devices a.    Evacuation route map,

b.    Emergency warning device, and/or

c.    Others that can be readily understandable to workers and the public

Response procedures a     Accident identification,

b     Accident report,

c      Activation or task allocation of B3 and/or B3 waste management emergency team,

d     Determination of the location and distribution of estimated damage and/or the hazard area,

e     Mitigation measures,

f      Immediate protective measures

g     Preventing emergencies from happening,

h     Protective measures for emergency response personnel, workers, the public, as well as environmental protection, and/or

i      Dissemination of information on warning of environmental management emergency situations

Emergency exercises a     Providing facilities, and

b     Creating a schedule to conduct preliminary exercises

(Preliminary exercises should be performed at least once a year.)

The emergency program must be prepared in accordance with the format set forth in the annex to the regulation.

 

Implementation of emergency measures:

In the event of an emergency situation in B3 or B3 waste management, emergency measures must be implemented. Until the measures are completed, operators are required to report on a daily basis in writing to the Minister of Environment and Forestry, the provincial governor, and the regent/mayor.