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

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What is the PFAS

Investigation Program?

Why are the NSW EPA investigating PFAS?

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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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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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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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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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• 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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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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• 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.