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REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA

NUMBER 74 OF 2001
ON
THE MANAGEMENT OF HAZARDOUS AND TOXIC SUBSTANCES

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering:
a. that with the increase of development activities in various fields, especially in the fields of industry and
trade, there is also an increasing tendency of hazardous and toxic substance usage;
b. that up until now, there are several laws and regulations that regulate the management of hazardous
and toxic substances, but they are still inadequate, especially to prevent the occurrence of
environmental pollution or damage;
c. that to prevent the occurrence of impacts that may damage the environment, human health, and other
living organisms, there is a need for integrated management of hazardous and toxic substances in
accordance with scientific and technological developments;
d. that based on the considerations as referred to in letter a, letter b, and letter c, as well as to implement
the provision of Article 17 paragraph (3) of Law Number 23 of 1997 on Environmental Management, it
has been deemed necessary to establish Regulation of the Government on the Management of
Hazardous and Toxic Substances.

Observing:
1. Article 5 paragraph (2) of the 1945 Constitution, as amended by the Second Amendment to the 1945
Constitution;
2. Law Number 1 of 1970 on Occupational Safety (State Gazette of the Republic of Indonesia of 1970
Number 1, Supplement to the State Gazette Number 2918);
3. Law Number 14 of 1992 on Road Traffic and Transportation (State Gazette of the Republic of
Indonesia of 1992 Number 49, Supplement to the State Gazette Number 3480);
4. Law Number 21 of 1992 on Seafaring (State Gazette of the Republic of Indonesia of 1992 Number 98,
Supplement to the State Gazette Number 3493);
5. Law Number 23 of 1992 on Health (State Gazette of the Republic of Indonesia of 1992 Number 100,
Supplement to the State Gazette Number 3495);
6. Law Number 10 of 1995 on Customs (State Gazette of the Republic of Indonesia of 1995 Number 75,
Supplement to the State Gazette Number 3612);
7. Law Number 23 of 1997 on Environmental Management (State Gazette of the Republic of Indonesia of
1997 Number 68, Supplement to the State Gazette Number 3699);
8. Law Number 22 of 1999 on Regional Government (State Gazette of the Republic of Indonesia of 1999
Number 60, Supplement to the State Gazette Number 3839);
9. Regulation of the Government Number 7 of 1973 the Oversight of the Circulation, Storage and Use of
Pesticides (State Gazette of the Republic of Indonesia of 1973 Number 12);
10. Regulation of the Government Number 18 of 1999 on the Management of Hazardous and Toxic Waste
Substances (State Gazette of the Republic of Indonesia of 1999 Number 31, Supplement to the State
Gazette Number 3815) as amended by Regulation of the Government Number 85 of 1999 on the
Amendment to Regulation of the Government Number 18 of 1999 on the Management of Hazardous

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and Toxic Waste Substances (State Gazette of the Republic of Indonesia of 1999 Number 190,
Supplement to the State Gazette Number 3910).

HAS DECIDED:

To establish:
REGULATION OF THE GOVERNMENT ON THE MANAGEMENT OF HAZARDOUS AND TOXIC
SUBSTANCES.

CHAPTER I
GENERAL PROVISION

Article 1
Under this Regulation of the Government, the following definitions are employed:
1. and Toxic Substances (Bahan Berbahaya dan Beracun), from this point onward is referred to as B3,
are any substances which due to its properties, concentration and/or amount, whether directly or
indirectly, may pollute and/or damage the environment, and/or may endanger the environment, health,
human survival and other living organisms;
2. B3 Management is the activity of producing, transporting, circulating, storing, using and/or dumping
B3;
3. B3 Registration is the registration and numbering of B3 that exists within the territory of the Republic of
Indonesia;
4. B3 Storing are the B3 placement techniques for maintaining the quality and quantity of B3 and/or
preventing the negative impacts of B3 toward the environment, human health, and other living
organisms;
5. B3 Packaging are packaging, filling in, or inserting B3 into a container and/or packaging, closing it
and/or sealing it;
6. B3 Symbol is a picture that indicates the classification of B3;
7. Label is a short description that indicates, among others, the classification and type of B3;
8. B3 Transporting is transferring B3 from one place to another place using a means of transportation;
9. Limited use B3 are B3 whose use, import and/or production are limited;
10. Banned B3 are types of B3 that are prohibited from being used, produced, circulated and/or imported;
11. B3 Import is the activity of bringing in B3 into Indonesian customs territory;
12. B3 Export is the activity of releasing B3 from Indonesian customs territory;
13. Notification for export is an advance notification from the authority of the exporting country to the
authority of the recipient country and transit country if a cross-border transfer of limited use B3 is about
to be carried out;
14. Notification for import is an advance notification from the authority of the exporting country if a cross-
border transfer of limited use B3 or B3 which is imported for the first time is about to be carried out;
15. Person is an individual person and/or group of persons, and/or legal entity;
16. Responsible agency is the agency responsible for the field of environmental impact control;
17. Authorized agency is the agency authorized to grant licenses, supervise and perform other things that

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are in accordance with their respective fields;

18. B3 Commission is an independent body that serves to provide advice and consideration to the
Government in the management of B3 in Indonesia;
19. Governor is the Head of a Provincial Region;
20. Regent/Mayor is the Head of a Regency/City Region;
21. Minister is the Minister assigned to manage the environment.

Article 2
The arrangements of B3 management aims to prevent and/or reduce the risk of B3 impacts toward the
environment, human health and other living organisms.

Article 3
The B3 Management not included in the scope of this Regulation of the Government are the management of
radioactive materials, explosives, mining products, as well as oil-and-natural-gas and their processed
products, food and beverages as well as other food additives, household health supplies and cosmetics,
pharmaceutical preparation, narcotics, psychotropic, and their precursors as well as other addictive
substances, chemical weapons and biological weapons.

Article 4
Every person who conducts B3 management activities must prevent the occurrence of environmental
pollution and/or damages.

CHAPTER II
B3 CLASSIFICATION

Article 5
(1) B3 can be classified as follows:
a. explosive;
b. oxidizing;
c. extremely flammable;
d. highly flammable;
e. flammable;
f. extremely toxic;
g. highly toxic;
h. moderately toxic;
i. harmful;
j. corrosive;
k. irritant;
l. dangerous to the environment;
m. carcinogenic;

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n. teratogenic;
o. mutagenic.
(2) The B3 classification as referred to in paragraph (1) consists of:
a. Usable B3;
b. Banned B3; and
c. Limited use B3.
(3) The B3 as referred to in paragraph (2) are set out under the Appendix to this Regulation of the
Government.

CHAPTER III
B3 ADMINISTRATION AND MANAGEMENT

Article 6
(1) Every B3 must be registered by its manufacturer or importer.
(2) The mandatory registration of B3 as referred to in paragraph (1) applies 1 (one) time for B3 that are
produced and/or imported for the first time.
(3) The B3 Registration as referred to in paragraph (1) that are:
a. included in the provision of Article 3, shall be submitted to the authorized agency in accordance
with provisions of prevailing laws and regulations;
b. not included in the provision of Article 3, shall be submitted to the responsible agency.
(4) The authorized agency that issues a B3 registration number as referred to in paragraph (3) letter a
shall deliver its carbon copy to the responsible agency.
(5) The responsible agency that issues a B3 registration number as referred to in paragraph (3) letter b
shall deliver its carbon copy to the authorized agency.
(6) Procedures for the registration as referred to in paragraph (5) and the national B3 registration system
shall be stipulated by a Decree of the Head of the responsible agency.

Article 7
(1) Every person who carries out the activity of exporting limited use B3 must submit a notification to the
authority of the export destination country, the authority of the transit country and the responsible
agency.
(2) The B3 Export as referred to in paragraph (1) can only be carried out after securing approval from the
authority of the export destination country, the authority of the transit country and the responsible
agency.
(3) An approval from the responsible authority as referred to in paragraph (2) is the basis for the
authorized agency in the field of trade to issue or reject export license.

Article 8
(1) Every person who carries out the activity of importing limited use B3 and/or B3 which is imported for
the first time must follow the notification procedure.
(2) The notification as referred to in paragraph (1) must be submitted by the authority of the exporting
country to the responsible agency.

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(3) The responsible agency must provide an answer toward the notification as referred to in paragraph (2)
by no later than 30 (thirty) business days from the date of receipt of the notification request.

Article 9
(1) Every person who carries out the activity of importing new B3 that are not included in the list as
referred to in Article 5 paragraph (3) must follow the notification procedure.
(2) The notification as referred to in paragraph (1) must be submitted by the authority of the exporting
country to the responsible agency.
(3) The responsible agency as referred to in paragraph (2) immediately inform the B3 Commission to
request suggestion and/or consideration from the B3 Commission.
(4) The B3 Commission shall provide suggestion and/or consideration to the responsible agency as
regards the B3 as referred to in Article 9 paragraph (1).
(5) Based on the suggestion and/or consideration provided by the B3 Commission to the responsible
agency, then the responsible agency shall:
a. submit an amendment toward the appendix of this Regulation of the Government; and
b. grant approval to the authorized institution in the field of trade as the basis for issuing or
rejecting import license.

Article 10
Procedures for the notification as referred to in Article 7 paragraph (1), Article 8 paragraph (1) and Article 9
paragraph (1) shall be stipulated by a Decree of the Head of the responsible agency.

Article 11
Every person who produces B3 must draw up a Material Safety Data Sheet.

Article 12
Every person in charge of B3 transportation, storage, and circulation must enclose the Material Safety Data
Sheet as referred to in Article 11.

Article 13
(1) B3 Transportation must use operation-worthy means of transportation, as well as its implementation
should conform to the transportation procedures set out under prevailing laws and regulations.
(2) The requirements for means of transportation and transportation procedures as referred to in
paragraph (1) shall be stipulated by the authorized agency in the field of transportation.

Article 14
Every produced, transported, circulated, and stored B3 must be packaged according to its classification.

Article 15
(1) Every B3 packaging must be provided with symbols and labels, as well as be equipped with a Material
Safety Data Sheet.

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(2) Procedures for packaging and granting symbols and labels as referred to in paragraph (1) shall be
stipulated by a Decree of the Head of the responsible agency.

Article 16
(1) In the case of B3 packaging which is damaged, then for:
a. B3 that can still be repackaged, its packaging must be carried out by the distributor;
b. that cannot be repackaged and may cause environmental pollution and/or, and/or human
health, then the distributor must carry out their handling.
(2) B3 as referred to in paragraph (1) letter a and letter b, shall be stipulated further by a Decree of the
Head of the responsible agency.
(3) In the case of the Decree of the Head of the responsible agency as referred to in paragraph (2) is yet
to be available, then the B3 handling procedures as referred to in paragraph (1) shall refer to the
applicable scientific principles.

Article 17
(1) In the case of damaged symbols and labels, then new symbols and labels should be provided.
(2) The responsibility to provide symbols and labels as referred to in paragraph (1) for damages at the
stage of:
a. production, the responsibility lies with the manufacturers/producers;
b. transportation, the responsibility lies with the persons in charge of transportation activities;
c. storage, the responsibility lies with the persons in charge of storage activities.
(3) Procedures to provide the symbols and labels as referred to in paragraph (1) shall be stipulated by a
Decree of the Head of the responsible agency.

Article 18
(1) Every B3 storage area must be provided with symbols and labels.
(2) The B3 storage area as referred to in paragraph (1) must satisfy the requirements for:
a. location;
b. building construction.
(3) The requirement criteria for B3 storage area as referred to in paragraph (2) shall be stipulated further
by a Decree of the Head of the responsible agency.

Article 19
The management of B3 storage area as referred to in Article 18 paragraph (2) must be equipped with an
emergency response system and B3 handling procedures.

Article 20
B3 that expires and/or does not meet specifications and used B3 packaging must be managed in accordance
with provisions of laws and regulations in the field of management of hazardous and toxic waste substances.

CHAPTER IV

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B3 COMMISSION

Article 21
(1) For the purpose of B3 management, the B3 Commission that has the duty of providing suggestions
and/or considerations to the Government is established.
(2) The B3 Commission as referred to in paragraph (1) may consist of several B3 Sub Commissions.
(3) The membership composition of the B3 Commission as referred to in paragraph (1) are comprised of
authorized agency representative, responsible agency representative, and representatives from
universities, environmental organizations and associations.
(4) The membership composition, duties, functions, and work procedures of the B3 Commission as
referred to in paragraph (3) shall be stipulated by a Decree of the President.

CHAPTER V
OCCUPATIONAL HEALTH AND SAFETY

Article 22
(1) Every person who conducts B3 management activities must maintain occupational health and safety.
(2) The obligation as referred to in paragraph (1) shall be implemented in accordance with prevailing laws
and regulations.
(3) In implementing the obligation as referred to in paragraph (1), the persons in charge of B3
management activities must include the role of their workforce.
(4) The role of the workforce as referred to in paragraph (3) shall be implemented in accordance with the
guideline stipulated by the authorized agency in the field of manpower.

Article 23
(1) A periodic medical examination must be carried out to maintain the health and safety of B3 workers
and supervisors.
(2) The medical examination as referred to in paragraph (1) shall be organized by the respective agencies
in accordance with prevailing laws and regulations.

CHAPTER VI
EMERGENCY AND ACCIDENT MANAGEMENT

Article 24
Every person who conducts B3 management activities must cope with the occurrence of an emergency or
accident due to B3.

Article 25
In the case of an emergency and/or accident occurring due to B3, then every person who conducts B3
management activities as referred to in Article 24 must take the following measures:
a. secure (isolate) the place where the accident occurred;

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b. cope with the accident in accordance with the standard operating procedures for accident handling
(prosedur tetap penanggulangan kecelakaan);
c. report the emergency and/or accident to the local Regency/City Government apparatus; and
d. provide information, assistance, and conduct evacuation toward the community around the location of
the incident.

Article 26
After receiving reports on the occurrence of an emergency situation and/or accident due to B3 as referred to
in Article 25 letter c, the local Regency/City Government apparatus must immediately take the necessary
handling measures.

Article 27
The obligation as referred to in Article 26 does not eliminate the obligation of every person who conducts B3
management activities to:
a. compensate losses due to emergencies and/or accidents; and/or
b. restore damaged or polluted environmental conditions;
caused by B3.

CHAPTER VII
SUPERVISION AND REPORTING

Article 28
(1) The supervisory authority toward B3 management activities shall be carried out by the responsible
agency and the authorized agency in accordance with their respective fields of duty.
(2) In certain cases, the supervisory authority toward B3 management activities as referred to in
paragraph (1) can be transferred to become the affairs of Provincial/Regency/City regions.
(3) The transfer of the supervisory authority as referred to in paragraph (2) shall be stipulated by the
responsible agency and/or the authorized agency in their respective fields of duty.

Article 29
In implementing the supervision toward B3 management activities as referred to in Article 28 paragraph (1), a
supervisor must be equipped with identification and a letter of assignment issued by the responsible agency
and the authorized agency in accordance with their respective fields of duty.

Article 30
Every person who conducts B3 management activities must:
a. allow supervisors to enter work location and help the implementation of supervisory duties;
b. allow supervisors to take B3 samples;
c. provide information correctly, both orally and in writing;
d. allow supervisors to take photographs and/or pictures in the work location.

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Article 31
Every person who conducts B3 management activities must submit a periodic written report on B3
management at least every 6 (six) months to the responsible agency and authorized agency in their
respective fields of duty, with a copy being sent to Governors/Regents/Mayors.

CHAPTER VIII
ENHANCEMENT OF COMMUNITY AWARENESS

Article 32
Governors/Regents/Mayors/Head of the responsible agency and Head of the authorized agency may
improve community awareness toward the potential impacts that may arise toward the environment, human
health and other living organisms due to the existence of B3 management activities.

Article 33
Every person who conducts B3 management activities must improve community awareness toward the
potential impacts that may arise toward the environment, human health and other living organisms due to the
existence of B3 management activities.

Article 34
The improvement of community awareness as referred to in Article 32 and Article 33 can be carried out by
way of disseminating comprehension on B3.

CHAPTER IX
INFORMATION DISCLOSURE AND COMMUNITY ROLE

Article 35
(1) The community has the right to acquire information on the effort to control environmental impacts due
to B3 management activities.
(2) The information as referred to in paragraph (1) must be provided by the person in charge of B3
management activities.
(3) The provision of information as referred to in paragraph (2) can be submitted through printed media,
electronic media and/or announcement board.

Article 36
Every person has the right to play a role in B3 management in accordance with prevailing laws and
regulations.

CHAPTER X
FINANCING

Article 37

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The costs for carrying out activities as referred to in:

a. Article 6 paragraph (6), Article 10, Article 13 paragraph (2), Article 15 paragraph (3), Article 16
paragraph (2), Article 17 paragraph (3), Article 18 paragraph (3), Article 21 paragraph (4), Article 22
paragraph (4), Article 23 paragraph (2), Article 28 paragraph (1) and Article 32 shall be charged to the
State Revenue and Expenditure Budget (Anggaran Pendapatan dan Belanja Negara – “APBN”) and/or
other sources of fund in accordance with prevailing laws and regulations;
b. Article 26, Article 28 paragraph (2) and Article 32 shall be charged to the Regional Revenue and
Expenditure Budget (Anggaran Pendapatan dan Belanja Daerah – “APBD”) and/or other sources of
fund in accordance with prevailing laws and regulations.

CHAPTER XI
ADMINISTRATIVE SANCTION

Article 38
(1) Violation toward the provisions of Article 4, Article 6 paragraph (1), Article 7 paragraph (1), Article 8
paragraph (1), Article 9 paragraph (1), Article 11, Article 12, Article 13 paragraph (1), Article 14, Article
15 paragraph (1), Article 16 paragraph (1), Article 17 paragraph (1) and paragraph (2), Article 18
paragraph (1) and paragraph (2), Article 19, Article 20, Article 22, Article 23, Article 24, Article 25,
Article 30, Article 31, Article 33, and Article 35 shall be subject to administrative sanctions.
(2) The administrative sanctions as referred to in paragraph (1) shall be carried out according to the
severity and mildness of violation types in accordance with prevailing laws and regulations.

CHAPTER XII
INDEMNITY

Article 39
(1) The person in charge of business and/or activity whose business and activity has a major and
important impact on the environment, who use hazardous and toxic waste substances, and/or who
produce hazardous and toxic waste substances are subject to strict liability for the losses incurred,
with the obligation to pay compensation directly and immediately at the time an environmental
pollution and/or damage occurred.
(2) The person in charge of business and/or activity may be exempt from the obligation to pay
compensation as referred to in paragraph (1) if the person concerned can prove that the
environmental pollution and/or damage is caused by one of the following reasons:
a. there are natural disasters or armed conflicts; or
b. there are force majeur beyond human capabilities; or
c. there are third party actions that cause environmental pollution and/or damages.
(3) In the case of there are losses caused by third parties as referred to in paragraph (2) letter c, then third
parties shall be responsible for paying compensation.

CHAPTER XIII
CRIMINAL PROVISION

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Article 40
Every person who violate the provisions of Article 4, Article 6 paragraph (1), Article 11, Article 12, Article 13
paragraph (1), Article 14, Article 15 paragraph (1), Article 16 paragraph (1), Article 17 paragraph (1), Article
18 paragraph (1) and paragraph (2), Article 19, Article 20, Article 22, and Article 24 that causes
environmental pollution and/or damages shall be subject to criminal sanction as referred to in Article 41,
Article 42, Article 43, Article 44, Article 45, Article 46, and Article 47 of Law Number 23 of 1997 on
Environmental Management.

CHAPTER XIV
TRANSITIONAL PROVISION

Article 41
If at the time this Regulation of the Government:
a. banned B3 still exists in Indonesia, then the said B3 can be exported to countries that need it in
accordance with the applicable export mechanisms;
b. there are B3 that has been circulating but has not been registered, then it should be registered by the
depositor, distributor and/or user according to the provisions as referred to in Article 6 paragraph (3).

Article 42
At the time this Regulation of the Government comes into force, all laws and regulations that relate with
existing B3 management are declared to remain valid, provided that they are not contradictory to and have
not been replaced according to this Regulation of the Government.

CHAPTER XV
CLOSING PROVISION

Article 43
This Regulation of the Government shall come into force 6 (six) months from the date of its promulgation.
For public cognizance, it is hereby ordered that this Regulation of the Government be promulgated in the
State Gazette of the Republic of Indonesia.

Established in Jakarta,
On 26 November 2001
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
MEGAWATI SOEKARNOPUTRI

Promulgated in Jakarta,
On 26 November 2001
THE SECRETARY OF THE STATE OF THE REPUBLIC OF INDONESIA,

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Signed.
BAMBANG KESOWO

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2001 NUMBER 138

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ELUCIDATION OF
REGULATION OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
NUMBER 74 OF 2001
ON
THE MANAGEMENT OF HAZARDOUS AND TOXIC SUBSTANCES

I. GENERAL
The increase of development activities in Indonesia may encourage the increase of in use of
hazardous and toxic substances (B3) in various sectors such as industry, mining, agriculture, and
health. The said B3 may come from within the country or from overseas (import). There are also
domestically produced B3 that are exported to a certain country. These import and export process is
getting easier to be conducted with the entry of the era of globalization.
During the last three decades, the use and amount of B3 in Indonesia are increasing. If the
management of B3 usage that continues to increase and are widespread in all sectors is not carried
out properly, then it may cause losses toward human health, other living organisms and the
environment such as air pollution, land pollution, water pollution, and sea pollution. So that B3
management does not pollute the environment and to achieve a high degree of security while standing
on the principles of sustainable development and improvement of human life’s quality, then there is a
need to improve its management efforts in a better and more integrated manner.
Currently existing B3 management policies are still partially organized by various relevant agencies,
thus still encounter many obstacles in their implementation. Therefore, there is an increasing
awareness on the need for a Regulation of the Government on B3 Management in an integrated
manner which encompasses the activities of production, storage, packaging, granting of symbols and
labels, transportation, usage, import, export, and its disposal. The importance of formulating this
Regulation of the Government is also expressly stated under Agenda 21 Indonesia, the National
Strategy for Sustainable Development, and as the implementation of Article 17 paragraph (3) of Law
Number 23 of 1997 on Environmental Management.

II. ARTICLE BY ARTICLE

Article 1
Number 1
Self-explanatory
Number 2
Self-explanatory
Number 3
The registration aims to discover the amount of B3 circulating in Indonesia to allow supervision to be
carried out from the beginning, thus allowing the reduction of negative impacts toward the
environment, human health and other living organisms. Registration is the initial measure in B3
management.
Number 4
Self-explanatory
Number 5
Self-explanatory

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Number 6
By way of example, flammable B3 uses the symbol of fire.
Number 7
Labels, for example, are the writing of “explosive” and “flammable”.
Number 8
Self-explanatory
Number 9
Self-explanatory
Number 10
Self-explanatory
Number 11
Self-explanatory
Number 12
Self-explanatory
Number 13
Self-explanatory
Number 14
Self-explanatory
Number 15
Self-explanatory
Number 16
Self-explanatory
Number 17
Self-explanatory
Number 18
Self-explanatory
Number 19
Self-explanatory
Number 20
Self-explanatory
Number 21
Self-explanatory

Article 2
Self-explanatory

Article 3

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Self-explanatory

Article 4
Self-explanatory

Article 5
Paragraph (1)
To be able to properly and correctly manage B3, then there is a need to be familiar with the
classification of said B3.
Explanation of the classification concerned are as follows:
a. Explosive is any substance that, in standard temperature and pressure (25°C, 760 mmHg), may
explode, or through chemical and physical reactions may produce high-temperature and high-
pressure gases that may rapidly damage the surrounding environment. Its testing can be carried
out using Differential Scanning Calorimetry (DSC) or Differential Thermal Analysis (DTA), using
2,4-dinitrotoluene or Dibenzoyl-peroxide as a reference compound. The heating value shall be
acquired from the results of said testing. If the heating value of a substance is greater than the
reference compound, then the said substance shall be classified as explosive.
b. Oxidizing
The testing of solid substances that are included in the criteria of oxidizing B3 can be carried out
through combustion testing method using ammonium persulfate as the standard compound.
Meanwhile, for liquid substances, nitric acid solution shall be used as the standard compound.
Through the said testing, a substance is declared as an oxidizing B3 if the burning time of the
said substance is equal to or shorter than the burning time of the standard compound.
c. Extremely flammable is any B3, either in solid or liquid form, which has a flash point below 0°C
and a boiling point lower than or equal to 35°C.
d. Highly flammable is any B3, either in solid or liquid form, which has a flash point between 0°C -
21°C.
e. Flammable has one of the following characteristics:
1. In liquid form
Any substance in liquid form containing alcohol less than 24% of its volume and/or at a
flash point of no more than 60°C (140°F) will be ignited if it comes in contact with fire,
sparks or another source of ignition at an air pressure of 760 mmHg. Its testing can be
carried out with the Closed-Up Test method.
2. In solid form
Any B3 not in a liquid form that, in standard temperature and pressure (25°C, 760
mmHg), easily cause a fire through friction, moisture absorption or spontaneous chemical
change, and when burned can cause a continuous fire in 10 seconds. Moreover, a solid
substance is classified as flammable B3 if a less than 40°C flash point was acquired in a
test using the Seta Closed-Cup Flash Point Test method.
f. Self-explanatory
g. Self-explanatory
h. Moderately toxic
B3 that are poisonous to humans will cause death or serious pain when it enters the body
through respiration, the skin, or the mouth.

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The toxicity level of B3 are classified as follows:

Order Class LD50 (mg/kg)

1. Extremely toxic <1

2. Highly toxic 1 - 50

3. Moderately toxic 51 - 500

4. Slightly toxic 501 - 5.000

5. Practically non-toxic 5001 - 15.000

6. Relatively harmless > 15.000

i. Harmful are substances, either solid or liquid or gas, that if contact occurs or through inhalation
or oral may cause health hazards to a certain extent.
j. Corrosive
Corrosive B3 have, among others, the following characteristics:
1) Causes irritation (burning) on the skin;
2) Causes rusting process to an SAE 1020 metal plate with corrosion rate greater than 6.35
mm/year in a testing temperature of 55°C;
3) Have a pH of equal to or less than 2 for acidic B3 and equal to or greater than 12.5 for
alkaline B3.
k. Irritant
Substances, either solid or liquid, that when a direct contact occurs, and if the said contact
occurs continuously with the skin or mucous membrane [sic!] may cause inflammation.
l. Dangerous to the environment
The danger caused by a substance such as damaging the ozone layer (e.g., CFCs), persistent
in the environment (e.g., PCBs), or the said substance may damage the environment.
m. Carcinogenic is the characteristics of substances that cause cancer cells, namely rogue cells
that may damage body tissues.
n. Teratogenic is the characteristics of substances that may affect the formation and growth of the
embryo.
o. Mutagenic is the characteristics of substances that cause changes in the chromosome hich
means it can change genetics.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory

Article 6
Paragraph (1)
B3 Registration can be carried out through, among others, correspondence or e-mail.
Paragraph (2)

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Self-explanatory
Paragraph (3)
Letter a
in accordance with provisions of prevailing laws and regulations are, among others, for products of
mining, oil-and-gas, as well as their processed products shall be regulated under laws and regulations
in the fields of energy and mineral resources.
Letter b
Self-explanatory
Paragraph (4)
The delivery of carbon copy to the responsible agency is intended as a form of coordination so that B3
imports and circulation can be known by the responsible agency.
Paragraph (5)
Self-explanatory
Paragraph (6)
In stipulating the national registration system, the responsible agency will draw up a registration
procedure guideline that contains, among others, registration system, data contents that need to be
submitted by manufacturers and/or importers to the agency responsible for making registration
number.
The granting of the said registration number is necessary as a control device toward the circulation of
B3 in Indonesia, therefore the supervision and prevention of occurrence of B3 impacts toward the
environment can be easily conducted.

Article 7
Self-explanatory

Article 8
Paragraph (1)
Self-explanatory
Paragraph (2)
The authority of the exporting country is the authorized agency in the environmental sector from the
exporting country.
Paragraph (3)
Self-explanatory

Article 9
Paragraph (1)
New B3 is B3 that are imported for the first time and have not been included in the B3 list as set out
under the appendix to this Regulation of the Government.
Paragraph (2)
Self-explanatory
Paragraph (3)

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Self-explanatory
Paragraph (4)
Self-explanatory
Paragraph (5)
Letter a
The amendment to the appendix to this Regulation of the Government shall be carried out at a
certain time.
Letter b
Based on international provisions, the agency authorized to grant B3 notification are the
responsible agency. Meanwhile, the authority to issue import license lies with the authorized
agency in the field of trade. Therefore, the said notification needs to be forwarded to the agency
concerned for the issuance or rejection of import license.
The issuance of the said license shall be granted after the amendment to the appendix to this
Regulation of the Government has been completed.

Article 10
Self-explanatory

Article 11
A Material Safety Data Sheet contains:
a. trademark;
b. the chemical formula of B3;
c. the type of B3;
d. the classification of B3;
e. storage technique; and
f. handling procedures if an accident occurred.

Article 12
Self-explanatory.

Article 13
Self-explanatory

Article 14
Self-explanatory

Article 15
Paragraph (1)
Packaging is the place or container for storing, transporting and circulating B3.

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Material Safety Data Sheets can be multiplied by way of reduplicating Material Safety Data Sheets as
needed.
The provision of symbols and labels on every B3 packaging is intended to know the classification of
B3 so that its management can be properly carried out in order to minimize the risks which may arise
from the B3.
Paragraph (2)
Provisions on the method for packaging, granting symbols and labels which will be stipulated by the
Head of the responsible agency shall conform to prevailing laws and regulations.

Article 16
Paragraph (1)
Self-explanatory
Paragraph (2)
The definition of the B3 concerned includes B3 that can still be repackaged and B3 that can no longer
be repackaged.
Paragraph (3)
The scientific principles concerned are, among others, handbooks, textbooks, and manuals.

Article 17
Self-explanatory

Article 18
Paragraph (1)
A storage area that satisfies the requirements is a separate place designed in accordance with the
characteristics of stored B3, by way of example, reactive B3 (strong reducing agent) cannot be mixed
with oxidizing mineral acid because they might generate heat, toxic gas and fire. Moreover, a B3
storage area must be able to contain the amount of B3 to be stored. By way of example, an industrial
activity which produce B3 must store B3 in a B3 storage area which has the capacity in accordance
with the B3 to be stored and satisfy the technical health and environmental protection requirements.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory

Article 19
The emergency response system is the mechanism or procedure to cope with the occurrence of a disaster in
B3 management which requires handling speed and accuracy so that the danger that occurs can be reduced
as small as possible.

Article 20
Expired B3 are B3 that, due to any mistake in its handling, cause changes in composition and/or
characteristics and therefore the said B3 no longer conforms to its specification. Meanwhile, B3 that does not

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meet specifications are B3 that, in their production process, are not in accordance with what is
desired/determined.

Article 21
Paragraph (1)
The Government refers to authorized agencies in their respective fields such as transportation,
agriculture, industry and trade, energy and mineral resources, and health.
Paragraph (2)
Examples of B3 Sub Commissions are, among others, the Pesticide Sub Commission.
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory

Article 22
Paragraph (1)
Self-explanatory
Paragraph (2)
Prevailing laws and regulations are laws and regulations in the field of occupational health and safety.
Paragraph (3)
Self-explanatory
Paragraph (4)
Self-explanatory

Article 23
Paragraph (1)
Medical examination for B3 workers and supervisors must be carried out at least 1 (one) time in 1
(one) year with the aim of knowing any contamination by B3 substances/chemical compounds toward
workers and supervisors as early as possible.
Paragraph (2)
Self-explanatory

Article 24
B3 accident is the release or spill of B3 to the environment. To prevent the widespread impact of the said B3,
any B3 accident must be swiftly and accurately handled.
An emergency is the escalation or increase of B3 accident, thus requiring more comprehensive handling.

Article 25
Letter a

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Self-explanatory
Letter b
Self-explanatory
Letter c
The local Regency/City Government apparatus are, among others, district apparatus and/or
village/sub-district.
Letter d
Self-explanatory

Article 26
The handling measures may take the form of, among others, instructions given by regional government
apparatus to the community to avoid the location of an incident and head to a safer place.

Article 27
Self-explanatory

Article 28
Paragraph (1)
The supervisory authority is still conducted by the Central Government because B3 management is
much related to interprovincial borders and international borders.
In accordance with their respective fields of duty are, by way of example, the field of transportation is
undertaken by the agency responsible for the field of transportation, and the environmental sector is
undertaken by the agency responsible for the environmental sector.
Paragraph (2)
Certain cases are situations where Regional Governments are already capable of implementing
supervision in the field of B3 management.
Paragraph (3)
Self-explanatory

Article 29
This identification and letter of assignment are important to avoid any fake supervisory officers, or to prevent
the occurrence of abuse of authority. The identification shall at least contain the name, civil servant
registration number, a photograph of the person concerned, as well as the name of the agency giving the
assignment.

Article 30
Self-explanatory

Article 31
Self-explanatory

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Article 32
The potential impacts that need to be informed to the community are not only the negative impacts but also
the positive impacts of the existence of said B3 management businesses and/or activities.

Article 33
Self-explanatory

Article 34
Disseminating comprehension on B3 can be carried out by way of, among others, outreach and training
activities.

Article 35
Paragraph (1)
The right over information on activities in the field of B3 management is a logical consequence of
community rights and roles in B3 management that are based upon the principle of transparency. The
said right over information will increase the value and effectiveness of community role in B3
management, aside from opening opportunities for the community to actualize their rights over good
and healthy environment. The said information may take the form of data, explanation, or other
information relating to B3 management that, according to their nature and purpose, are indeed open to
be known by the community such as environmental impact analysis documents, reports and
evaluations on B3 management monitoring results, both the monitoring of compliance and the
monitoring of changes in environmental quality.
Paragraph (2)
Self-explanatory
Paragraph (3)
Self-explanatory

Article 36
The role in question encompasses roles in the decision-making process, either by way of submitting an
objection, holding [sic!] a hearing or other measures stipulated under the laws and regulations. The said role
is carried out, among others, in the evaluation process of environmental impact analysis or the formulation of
environmental policies. Its implementation shall be based on the principle of transparency. With
transparency, it is possible to allow the community to participate in thinking and giving viewpoints, as well as
considerations, in the decision making within the field of B3 management.

Article 37
Other sources of fund are, among others, environmental funds or donations from certain
organizations/associations.

Article 38
Self-explanatory

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Article 39
Paragraph (1)
The definition of strict liability is that the plaintiff does not need to prove the element of guilt as the
basis for the payment of compensation. The provision of this paragraph is a lex specialis within a tort
lawsuit in general. The amount of compensation value that can be imposed toward environmental
pollution perpetrators or environment destroyers [sic!] under this article can be stipulated up to a
certain threshold.
Up to a certain threshold are, if according to the ruling of prevailing laws and regulations, the necessity
of insurance for the business and/or activity concerned are determined or environmental funds are
available.
Paragraph (2)
Self-explanatory
Paragraph (3)
Third party actions in this paragraph are acts of unfair competition or errors conducted by the
Government.

Article 40
Self-explanatory

Article 41
Self-explanatory

Article 42
Self-explanatory

Article 43
Self-explanatory

SUPPLEMENT TO THE STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 4153

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