www.epa.nsw.gov.au www.epa.nsw.gov.au
NSW EPA PFAS Investigation Program Background, Program and why it is important for Councils to consider PFAS
Presenters
Corrie Ford – Senior Operations Officer
Sam Waskett – Senior Policy Officer
Contents
01
Who is the NSW EPA?
02
What is the NSW EPA PFAS Investigation Program?
03
Why should Councils be aware of PFAS?
04
Case study – Lake Macquarie biota sampling
05
NSW EPA Contaminated Land Management
Workshops for Council Officers
NSW EPA PFAS investigation program – Hunter Councils – 22 February 2018 2
Who is the NSW EPA?
Who is the NSW EPA?
The NSW Environment Protection Authority protects
our environment and community
We do this by being a leader, a partner and protector
We lead in protecting our air, waterways, land and
health of the community
We work with communities, government (state and
local) and business
We hold people and organisations to account through:
o Licensing
o Monitoring
o Regulation
o Enforcement
We are also the lead agency for the NSW Government
PFAS response
NSW EPA PFAS investigation program – Hunter Councils – 22 February 2018 4
What is the PFAS
Investigation Program?
Why are the NSW EPA investigating PFAS?
NSW EPA PFAS investigation program – Hunter Councils – 22 February 2018
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02
September 2015 – Williamtown
EPA recognised that PFAS is a unique chemical likely to
be widely found in environment due to firefighting foam
use
Precautionary approach
Unique characteristics:
o Extreme persistence – need to assume indefinite lifetime
in the environment
o High water solubility – shown to travel great distances in
ground and surface water
o High bioaccumulation potential
PFAS release to the environment
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02
PFAS mobility
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Groundwater Plume Length
ARCADIS 2016
What is the PFAS investigation program?
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NSW EPA PFAS investigation program launched in February
2016
8 (3) of CLM Act 1997 allows EPA to take reasonable steps to
investigate contaminated land and threat of harm from it
Investigation program:
o Understand the extent of PFAS use in NSW
o Users of PFAS, and for what purposes
o To identify significant current and historical releases of
PFAS to the environment.
o Initial focus on sites where likely significant use of PFAS-
based fire fighting foams were used.
o Investigations designed to identify risks to public and
environmental health
PFAS investigation program focus
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02
• Firefighting training sites:
o Department of Defence sites
o Fire & Rescue NSW
o Rural Fire Service
o Airports
o Power stations
o Petrochemical manufacturing and storage
o Mines Rescue Services
• Industrial uses / diffuse:
o Metal plating
o Surface coating
o Paint / Ink manufacturer
o Landfills
o Sewage treatment plants
PFAS Investigations
http://www.epa.nsw.gov.au/working-together/community-engagement/pfas-investigation-program
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02
• 28 high priority
investigations
• Program currently
considering range of sites
across NSW
In Hunter Region:
o RAAF Base Williamtown
o Mines Rescue Stations
Argenton and Singleton
Heights
o Power stations
o Lake Macquarie
PFAS Investigations
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02
What does the EPA investigation involve?
• Desktop assessment of likely PFAS users
• Involves historical checks; interviews with staff;
questionnaire; site visit
• Where PFAS contamination deemed likely, EPA requests
preliminary site investigation (PSI). Sampling of
groundwater, surface water and soil
• Consideration of exposure pathways – nearby sensitive
environs/receivers e.g. groundwater users, fishing
• Where PFAS found as part of preliminary investigation,
triggers need for detailed site investigation (DSI)
• DSI for PFAS needs unique approach
PFAS site investigations – guidance
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• PFAS extremely leachable – if on-
site, assume it has migrated off-site
unless solid evidence shows
otherwise
• Surface water concentrations variable
– single ‘nil detect’ not enough
evidence to rule out pathway
• If PFAS found in rivers/creeks near
site, assume in biota unless evidence
to show otherwise
• Potential for PFAS bioaccumulation
makes edible biota sampling essential
PFAS Conceptual Site Model
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02
Credit – Victoria EPA
Challenges
• Number of stakeholders
• Developing a position on emerging issues and
maintaining integrity in a dynamic environment
• High profile
• Where PFAS contamination found, EPA seeks to be
transparent on the investigations
EPA communications guiding principles
Accuracy
Responsiveness
Trustworthiness
Practicality
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PFAS Communication 02
• EPA has dedicated communications and stakeholder
engagement officers in PFAS team.
• Communication and engagement plans are drawn up
and include:
o Consolidated strategy
o Key messages
o Letterbox drops / doorknocks / water-use surveys
o Fact sheets
o FAQs
o Website
o Site map
o Media releases/media interviews/media briefings
o Multi-agency public meetings
NSW EPA PFAS investigation program – Hunter Councils – 22 February 2018 16
PFAS Communication 02
• Each site is different
• Engage stakeholders – no surprises
• Key messages need to be clear
• EPA lead
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Communications lessons learnt
PFAS Communication 02
Why should Councils be
aware of PFAS?
Councils and contaminated land management
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03
• Councils as planning authorities must consider
contaminated land before development or rezoning
decisions are made under the Environmental
Planning and Assessment Act 1979
• Also, Councils as public land managers and in some
cases Environment Protection Licence holders, have
obligations under NSW contaminated land
framework to ensure their sites are managed
appropriately
• As an emerging contaminant of concern, Councils
need to be aware of PFAS
PFAS and Planning
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03
• Section 59 (1) of CLM Act 1997 outlines matters where
the EPA must inform Councils of:
a) Land declared or ceasing to be significantly
contaminated
b) A management order being served or revoked
c) Approving or withdrawing a Voluntary
Management Proposal
d) An ongoing maintenance order
• Notification of the above require Council notation on
s149 Planning certificates
• However, no CLM regulatory powers used for PFAS
(yet)
• As such, Councils will not have received ‘formal’
notification of PFAS contaminated sites
• So where does PFAS fit in?
State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55)
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• When considering a DA Council must determine
whether contamination needs to be assessed
• Need initial evaluation to understand if
contamination will affect proposed land use change
• PFAS is a relevant contaminant when considering
historic and current land uses
• Table 1 of SEPP 55 Planning Guidelines identifies
potentially contaminating activities. This does not
list PFAS.
• Draft ‘Remediation of Land SEPP’ does include
PFAS
• PFAS National Environment Management Plan
(Appendix B: Activities including PFAS)
PFAS NEMP - Appendix B
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03
PFAS NEMP - Appendix B
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03
PFAS and Section 149 Planning Certificates
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03
Section 149 (2) Planning Certificate
• In the absence of current s59 CLM Act notification for
PFAS, Councils need to use other information available
to decide whether PFAS should be disclosed for a site
(such as site DSI)
• Also important to refer to Council contaminated land
policy
Section 149 (5)
• “A council may include advice on such other relevant
matters affecting the land of which it may be aware”
• 149 (5) currently utilised on properties within the
Williamtown Management Area
PFAS and land management
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03
• Many Councils hold EPLs for sites such as landfills and
Sewage Treatment Plants
• Current waste classifications for PFAS impacted soil for
disposal at landfill.
• Work also progressing to consider PFAS in STPs
• In August 2017 EPA wrote to all Councils requesting
information on sites potentially impacted in the LGA
• Responses showed a number of potential sites of
interest, including:
o Regional airports
o Rural Fire Services sites
o Council depots
• These sites often owned/leased by Councils
Case study – Lake
Macquarie biota sampling
Lake Macquarie state of the lake study
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• PFAS program identified a number of sites surrounding
Lake Macquarie where potential for PFAS contamination
• Included:
• Power stations
• Mines Rescue station
• Mine sites
• Number of RFS / FRNSW sites
• Proactive study developed to target most popular
recreationally caught biota (fish and crustaceans)
• Testing includes looking at both PFAS and heavy metals
associated with industries that surround the lake
• Also meets a recommendation of the Lead Expert
Working Group
• Multi-agency involvement – EPA, DPI Fisheries, HNEH,
Councils
Lake Macquarie state of the lake study
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04
• North (near Cockle
Creek and adjacent
areas)
• Mid-north (near the
former Wangi Power
Station and estuary
mouth)
• Mid-south (near
Eraring Power
Station)
• South (near Vales
Point Power Station)
Lake Macquarie state of the lake study
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• Sampling took place end of 2017
• Biota targeted included bream, dusky flathead,
whiting, tailor, along with eastern king prawn and blue
swimmer crabs
• NSW Government laboratory in Lidcombe currently
processing
• Results expected April/May 2018
• Communications and stakeholder engagement on
findings will take place once analysis of results has
taken place
• Will involve multi-agency PFAS Taskforce
NSW EPA Contaminated Land
Management Workshops for Council
Officers
NSW EPA Contaminated Land Management Workshops – Newcastle 1 May 2018
Workshops being run across NSW to help Councils understand their
contaminated land management responsibilities.
The EPA would like to invite officers from Councils who are involved in
the management of contaminated land, such as environmental health
officers and planning officers, to attend
The workshop will include:
o Information on the regulation of contaminated land under the CLM
Act 1997
o Contaminated land and the planning process, the
o NSW Site Auditor Scheme including information on the updated
Guidelines for the NSW Site Auditor Scheme and the certified
consultant schemes.
o Underground petroleum storage systems (UPSS) regulation
The Newcastle event is being held at the Novotel, King Street on
1 May 2018 between 8.30am and 1pm
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www.epa.nsw.gov.au www.epa.nsw.gov.au
Thanks for listening.