Australia s Regulatory Journey: Cross jurisdictional collaboration towards nationally consistent approaches to environmental regulation of PFAS PFAS National Environmental Management Plan
Agenda Background to issue Examples of Australian sites/case studies Heads of EPAs Australia and New Zealand (HEPA) Activities PFAS National Environmental Management Plan Consultation Draft Overview and Questions for Discussion (remaining time) Source: https://en.wikipedia.org/wiki/states_and_territories_of_australia
Background Various Government responses to Contaminated sites. An increasing number of Contaminated Sites arising around Australia. The need for: Nationally consistent approach to the environmental regulation of PFAS Best practice regulatory approaches
PFAS in Victoria In Victoria, PFAS is regulated in accordance with: The Australian Government s National Industrial Chemicals Notification and Assessment Scheme (NICNAS) has completed reviews in the past of the use of PFAS in Australia and provides updates to its alerts regarding these chemicals Environment Protection Act 1970 which includes: Precautionary principles for protection of human health and the environment Ability to issue remedial notices and regulate contaminated sites Environmental Audit System (including the appointment of environmental auditors)
PFAS in Victoria Country Fire Association (CFA) Training facility, Fiskville late 2011 - series of media reports of human health concerns attributed to historic use of chemicals for firefighting training at the Fiskville site, dating back to 1971 Independent investigation into the site (CFA) Understanding the Past to Inform the Future: Report of the Independent Fiskville Investigation (the Joy Report ), released on 12 July 2012.
PFAS in Victoria 22 January 2013 - EPA issued two Clean Up Notices for the Fiskville site on consistent with EPA s Compliance and Enforcement Policy. The notices required CFA to engage an independent EPA-appointed Environmental Auditor to conduct environmental audits at the Fiskville site (sections 53V and 53X of the Environment Protection Act 1970). Also require Clean Up Plans for the site and to regularly (quarterly) report to EPA on progress against the Clean Up Plan. 24 May 2016 - Parliamentary Inquiry into the CFA Training College at Fiskville final report was tabled https://www.parliament.vic.gov.au/enrrdc/inquiries/articl e/2526
PFAS in Victoria EPA Victoria has also developed the following: A stock-take (via survey) to identify major sites likely to use/hold/historically use PFAS PFAS information on our website and in EPA Publication 1611.3: http://www.epa.vic.gov.au/your-environment/land-and-groundwater/pfas-in-victoria Guidance to duty holders who have current requirements to manage PFAS-impacted wastes: http://www.epa.vic.gov.au/your-environment/land-and-groundwater/pfas-invictoria/managing-pfas-impacted-wastes-in-victoria Worked on a state-wide interagency working group for CFA regional training centres The Department of Defence has commenced a national program, including 3 Victorian Defence sites, to review its estate and investigate and implement a comprehensive approach to manage PFAS Hosted the PFAS Summit in April 2017 EPA Victoria has continued to lead the PFAS National Environmental Management Plan
PFAS in Queensland Department of Environment and Heritage Protection Large Coastline, valued environments including Great Barrier Reef and important fisheries. 2011 Initial Driver - concerns due to incident response. + Small spill at Cairns Concerns largest AFFF sources near coast Concern for releases if fire or product spill. Developed AFFF policy via extensive consultation
Concerns about Historical PFAS Contamination of Land and Waters E.g. Defence sites, Civilian airports, Fuel Storage, Carton board plant, Refinery, Fire training grounds Defence 2015 PFOS in groundwater at Oakey
Concerns about various PFAS release incidents AFFF Accidental Escape Fish kill, flows to waterways IBC of AFFF concentrate dropped through fence, flows into creek AFFF Extinguishers emptied to stormwater drainage prior to recharge
Concerns about clients not understanding PFAS Photo TMR Qld Mythbusting Foam can be contained by floating booms (recent industry guideline). Foams are soluble and dissolve into the water column!
Status of PFAS under QLD Environmental Protection Act 1. PFAS is prescribed regulated waste An Organohalogen 2. Environmental Authority needed to treat, store, transport, dispose reg. waste 3. Precautionary principle applicable to decisions 4. Due to persistence, toxicity and bioaccumulation, all PFAS, including precursors, must be effectively managed under general environmental duty 5. Monitoring requirements based on suite of 28 and TOPA and/or TOF
AFFF - Environmental Management of Firefighting Foam Policy Persistent long-chain foams (C8+) PFOS & PFOA Banned - take out of service now C7 foams Phase out ASAP but within 3 yrs Interim containment measures No testing with persistent long chain foams Persistent short-chain foams ( C6) C6 foam acceptable if necessary for safety BUT must be pure (standards apply) Must be fully contained in impervious bunding No testing unless essential & fully contained Avoid cross-contamination from legacy long-chain foam For foam waste disposal High temperature incineration required in all cases
Why do Queensland standards use TOP Assay * and TOF** Standard analyses suite only detects 20-28 compounds of many 100s 60%-90% of compounds in AFFF are unknown and precursors to further PFASs. Approximate chain length and ~end-point PFASs assist general risk assessment. * TOP Assay Total oxidisable precursor assay ** TOF Total organic fluorine
Examples from use of TOP Assay 40 000 35 000 30 000 25 000 20 000 15 000 10 000 5 000 0 Waste 1 PFCA & increase under TOPA (ng/l) PFTeDA C14 PFTrDA C13 PFDoDA C12 PFUnDA C11 PFDA C10 PFNA C9 PFOA C8 PFHpA C7 12 10 67 Waste 2 Waste 3 1,424 Waste 4 136 (11x) 1,272 (19x) 197 (20x) Waste 1 TOPA Waste 2 TOPA Waste 3 TOPA 38,353 (27x) Wasre 4 TOPA Characterising wastes Some show large concentration of precursors Spill in waterway - Vast majority of PFAS spilled was precursor (precursors > 250 times greater)
Using TOP Assay to differentiate two pollution sources Red = PFOS/PFHxS, Yellow & Green = short and long PFCA from TOP Assay
Contaminated Site Soil Comparison TOPA & Non-TOPA TOPA Percent Increase Vs Standard Analysis Up to 900 percent increase found 1000 800 600 400 TOPA Percent Increase 200 0-200 1 3 5 7 9 11 13 15 17 19 21 23 25 27 Sample No. Different source areas on site Some with significant precursors
Qld AFFF survey findings AFFF use widespread Largest use along coast and mining areas
Some AFFF survey findings Industries & activities using foams Industries/activties using firefighting foams Bulk fuel storage 64 Chemical Storage 57 Mining 34 Chemical Manufacturing Electricity generation 28 28 Fuel burning Asphalt Manufacturing 15 16 Gas Producing 10 Hydrocarbon Gas Refining 8 Sugarcane milling 7 Alcohol Production 6 5 15 25 35 45 55 65 75
Some AFFF survey findings Foams used Most common types of firefighting foam used in Queensland 5% 3% 3% 2% Aqueous Film Forming Foam (AFFF) Other 10% Alcohol Resistant (AR-AFFF) 13% 64% Class A Foam Concentrate Fluoroprotein (FP) Synthetic - medium or high expansion Fluorine Free
EHP next steps Results of the survey will be: used in developing a state wide inventory of AFFF inform further action to be taken to ensure compliance with the Qld Policy, e.g. education initiatives and targeted compliance programs. Assist PFAS National management plan where relevant
PFAS in Western Australia Dr Janet Macmillan, Principal Contaminated Sites Officer
PFAS in Western Australia As for any other contaminant, the Contaminated Sites Act 2003 applies DWER has classified a number of sites in Western Australia linked with the use of fire-fighting foam Department of Defence RAAF Pearce, HMAS Stirling Perth and other airports Interim Guideline on Assessment and Management of PFAS (DER, 2017) version 2.1
Toxicity reference value TDI µg/kg bw/day Drinking water quality value µg/l Recreational water quality value µg/l Sum of PFOS and PFHxS PFOA 0.02 0.16 0.07 0.56 0.7 5.6
PFAS information DWER website FAQs What is happening now? Links to FSANZ report Perfluorinated Chemicals in Food enhealth guidance Department of Defence PFAS investigations WA Department of Health www.der.wa.gov.au/our-work/community-updates/416-pfas-investigations-in-western-australia
Heads of EPAs Australia and New Zealand (HEPA): provides a forum for jurisdictional consensus and oversight on national issues of environmental regulation, including science, policy and management work collectively through established working groups to deliver consistent national approaches established the National Chemicals Working Group identified the need to develop a PFAS National Environmental Management Plan Does not duplicate or further consider health based guidance values
What are we doing about it? the HEPA National Chemicals Working Group, in consultation with Australian Government, State and Territory agencies is leading the development of the PFAS National Environmental Management Plan (NEMP) EPA Victoria is the Chair of the National Chemicals Working Group first step: PFAS Summit 4-5 April 2017 National and International Environmental and Health Regulators now: PFAS National Environmental Management Plan Consultation Draft
What does HEPA expect? The PFAS National Environmental Management Plan (NEMP) will: provide governments with a consistent, practical, risk-based framework for the environmental regulation of PFAS-contaminated materials and sites be developed as an adaptive plan, able to respond to emerging research and knowledge seek to build a nationally collaborative approach and national consistency in priority areas, allowing for the implementation of actions in a way that becomes business as usual be developed by the jurisdictions in recognition of the need for implementation of best practice regulation through individual jurisdictional mechanisms
PFAS NEMP development and process PFAS NEMP August September 2017 national consultation phase September October 2017 PFAS NEMP development late October 2017 PFAS NEMP submitted to HEPA for consideration end of 2017 PFAS NEMP submitted to Senior Officials Group (SOG) and put before the Meeting of the Environment Ministers (MEM) for consideration
PFAS what is it? PFAS: Per- and poly-fluoroalkyl substances are manufactured chemicals used in industrial processes. There are at least 3000 PFAS, of these the greatest concern are: PFOS (perfluorooctane sulfonate) and PFOA (perfluorooctanoic acid) and increasing concern for PFHxS (perfluorohexane sulfonate) and other compounds PFAS are resistant to: heat other chemicals abrasion PFAS are persistent in the environment, bioaccumulate and have ecological toxicity Used as: dispersion agent wetting or surface treatment
PFAS NEMP Consultation Draft A few key messages: Like many chemicals, traces of PFAS are likely to be found in groundwater, surface water and soils in many urban areas due to their wide-spread use in everyday household items and their persistence in the environment. The PFAS NEMP aims to present a nationally consistent and collaborative approach to the environmental regulation of PFAS, it will be adaptive as new knowledge and information becomes available. The NCWG is consulting on the PFAS NEMP Consultation Draft to ensure that: the PFAS NEMP provides a nationally consistent approach to enable decision making; environment and human health criteria values are set and the implications for assessment of contaminated sites are identified; and resources and guidance needed for successful implementation of the PFAS NEMP are available. The PFAS NEMP will continue to be updated as knowledge increases and more information is available, as such, consultation of the PFAS NEMP will be ongoing as future work is completed and as subsequent updates are progressed.
PFAS NEMP Consultation Draft What s expected to be in the plan? 1. Human health 2. PFAS occurrence 3. Environmental and health criteria 4. Contaminated sites assessment 5. Contaminated site management, including contaminant, remediation, treatment and disposal 6. Storage and transport 7. Environmental monitoring and analysis 8. Stakeholder engagement, communication and data sharing 9. Research, review and evaluation 10. Governance and regulation
Human health Key points: Protection of the environment and human health are linked. Sound environmental management is important for protecting human health. Human-based guidance and reference values are best determined by health authorities. Commonwealth Department of Health, Health Based Guidance Values for PFAS, and the associated materials (2017)
PFAS occurrence PFAS compounds, including PFOS and PFOA as well as others, have been identified as being environmentally persistent and have bioaccumulating potential. Accurate volume estimates for PFAS-contaminated waste, soils and waters are not currently available. PFAS stocktake activities could inform an understanding of volumes in Australia PFAS survey would identify areas of known contamination in the environment
Environmental and health criteria The aim of the PFAS NEMP is to establish a nationally agreed suite of criteria that would be used to inform regulatory activities, including: Soil and sediment investigation levels Surface water, groundwater, marine water, recycled water and wastewater criteria Solid and liquid waste disposal guidance Biosolid land application Acceptable soil and waste reuse criteria Existing interim and draft criteria will be reviewed and recommended for inclusion where appropriate.
Contaminated site assessment Due to the complexity of most PFAS-contaminated sites, site assessment and management should include a site-specific risk assessment, including: determination of risks to receptors associated with land and resource use, off-site movement, and multiple sources of contamination. The relationship between surface water and groundwater transport can be complex, but as PFAS can be rapidly carried a long way, is an important consideration.
Contaminated site management This includes: Management: based on site assessment to inform appropriate activities Containment: Short-term reducing risks to receptors, medium to long-term removal for destruction Remediation and Treatment: viable, reliable, proven technologies Disposal: Landfill and off-site containment present significant challenges
Storage and transport Storage on or off-site is expected to be an important management option, with consideration for: best practice approaches for storage Transport within and between jurisdictions will: be best managed with a single waste code provide information on the volume of PFAScontaminated materials being transported and for what purpose
Environmental monitoring and analysis Environmental monitoring is important for regulators in understanding ambient condition to inform regulatory and policy decisions and for evaluating the effectiveness of regulatory activities. PFAS analysis is limited by: analytical methods only available for a small number of compounds chemical standards used in analysis are again only available for limited compounds Various techniques are available, including standard analysis, Total Oxidisable Precursor Assay (TOPA) and Total Organic Fluorine (TOF)
Stakeholder engagement, communication and data sharing Stakeholder engagement and communication Consistent advice and communication benefits everyone The way information is conveyed and options for accessing it will contribute to transparency, increasing community engagement and understanding Data sharing Jurisdictions and the Australian Government are working together to develop the PFAS NEMP Data sharing arrangements are an important part to an ongoing nationally consistent approach to environmental regulation
Research, review and evaluation The PFAS NEMP needs to be flexible and adaptable to emerging knowledge, including technologies, transparent regarding the evidence and acknowledge the uncertainty. Reviews will be an important part of achieving these expectations, including ongoing review of information as it becomes available. The identification of knowledge and research gaps will provide opportunities to progress needed work. Regular evaluation of the PFAS NEMP will report on its use and application by jurisdictions, including the Australian Government and its agencies.
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