Minor Variation to the National Environment Protection (Air Toxics) Measure 2011

The National Environment Protection Council makes this minor variation to the National Environment Protection (Air Toxics) Measure under the National Environment Protection Council Act 1994 (Cth), National Environment Protection Council (New South Wales) Act 1995 (NSW), National Environment Protection (Victoria) Act 1995 (Vic), National Environment Protection Council (Queensland) Act 1994 (Qld), National Environment Protection Council (Western Australia) Act 1996 (WA), National Environment Protection Council (South Australia) Act 1995 (SA), National Environment Protection Council (Tasmania) Act 1995 (Tas), National Environment Protection Council (Northern Territory) Act (NT), and the National Environment Protection Council Act 1994 (ACT).

Dated  16 September 2011

1 Name of Variation

  This Minor Variation is the Minor Minor Variation to the National Environment Protection (Air Toxics) Measure 2011.

2 Commencement

  This Minor Variation commences on the day after it is registered on the Federal Register of Legislative Instruments.

3 Amendment of National Environment Protection (Air Toxics) Measure

  Schedule 1 amends the National Environment Protection (Air Toxics) Measure.

Schedule 1  Amendments

     (section 3)

[1] After subsection 9(3)

insert

(4)  A participating jurisdiction may only discontinue monitoring for a pollutant at a Stage 2 site if the requirements of the screening procedure at section 7 of Schedule 2 to this Measure are satisfied in relation to the site.

[2] Subsection 10(1)

  omit

   2922-1987

  substitute

   /NZS 3580.1.1:2007

[3] Subsection 15(2)

after “sites”, insert

and prescribes the screening procedure for discontinuing monitoring at Stage 2 sites

[4] Schedule 2, section 1

after “Procedures”, insert

(available at www.ephc.gov.au)

[5] After Schedule 2, subsection 3(vi)

  insert

(vii) While only one formal repeat assessment of Stage 1 sites is required prior to the review of this Measure, participating jurisdictions are encouraged to undertake more frequent reassessments as resources permit.

(viii) Where a participating jurisdiction undertakes a reassessment in accordance with subsection (vii), if it is not reasonably practicable for the participating jurisdiction to undertake a quantitative assessment (as described in the Guidance Paper for Desktop Analysis and Investigation Procedures) the participating jurisdiction may undertake a qualitative assessment (as described in the Guidance Paper for Desktop Analysis and Investigation Procedures) based on the type of information outlined in subsections 3(iii) and 3(iv).  

[6] After Schedule 2, subsection 4(v)

  insert

(vi) While only one formal repeat assessment of Stage 2 sites is required prior to the review of this Measure, participating jurisdictions are encouraged to undertake more frequent reassessments as resources permit.

(vii) Where a participating jurisdiction undertakes a reassessment in accordance with subsection (vi), if it is not reasonably practicable for the participating jurisdiction to undertake a quantitative assessment (as described in the Guidance Paper for Desktop Analysis and Investigation Procedures) the participating jurisdiction may undertake a qualitative assessment (as described in the Guidance Paper for Desktop Analysis and Investigation Procedures) based on the type of information outlined in subsections 4(ii) and 4(iii).

[7] After Schedule 2, section 6

  insert

 7. Screening Procedure – Discontinuance of Monitoring at Stage 2 Sites

 (i) This section sets out the screening procedure for discontinuing monitoring at Stage 2 sites.

 (ii) Monitoring may only be discontinued at a Stage 2 site in accordance with this section. 

 (iii) A participating jurisdiction may discontinue monitoring at a Stage 2 site if:

(a) the percentage of monitoring investigation levels at the site are at or below the relevant monitoring cut off limits in accordance with the acceptance limits for discontinuing future monitoring in Table 1 below; and

(b) the participating jurisdiction reasonably expects that the percentage of monitoring investigation levels at the site will be consistently lower than the relevant monitoring cut off limits in accordance with Table 1 below.

 (iv) In determining whether subsection (iii) is satisfied with respect to toluene and xylenes, a participating jurisdiction must have regard to each of the relevant monitoring investigation levels that apply to those toxics.              

 (v) In determining whether the percentage of monitoring investigation levels at a site can be reasonably expected to be consistently lower than the monitoring cut off limit, the participating jurisdiction must:

(a) be satisfied that the percentage of the monitoring investigation level will be lower than the monitoring cut off limit for a period of at least five years; and

(b) have regard to potential changes to the site over a period of ten years that may impact on that expectation.

Example

 For the purpose of this subsection, examples of potential changes to the site that may impact on an expectation that the percentage of monitoring investigation levels will be lower than the monitoring cut off limit include:

    (a) predicted changes in fuel types and use;

 (b) increased industry or residential development; and

 (c) bushfire and fuel reduction burns.  

 (vi)  A participating jurisdiction that intends to discontinue monitoring at a Stage 2 site in accordance with this section must provide written reasons for discontinuing monitoring at that site to the Council, including the reasons the participating jurisdiction reasonably expects that the percentage of monitoring investigation levels at the site will be consistently lower than the relevant monitoring cut off limits in accordance with Table 1.

   Table 1: Monitoring cut off limits for discontinuing future monitoring of Stage 2 sites

(vii) For the purpose of Table 1, two or more sites are similar sites if their location and sources of pollutants fall within the same classification as the desktop analysis and siting criteria under AS/NZS 3580.1.1:2007 Ambient Air - Guide for the siting of sampling units for peak monitoring stations.

[8] Schedule 3, section 1

omit

Monitoring

 substitute

Subject to sections 3 and 3C below, monitoring

[9] Schedule 3, section 1

omit

Table 2 and Section 3 (1)

 substitute

Table 1 and subsection 4(i)

[10] Schedule 3, section 2

omit

Monitoring

 substitute

Subject to sections 3 and 3C below, monitoring

[11] Schedule 3, section 2

omit

Table 2 and Section 3 (2)

 substitute

Table 1 and subsection 4(ii)

[12] After Schedule 3, section 3

insert

3A. The Council may approve alternative methods for monitoring air toxics, other than those allowed in section 3, if the Council considers those alternative methods appropriate for monitoring air toxics for the purposes of this Measure.

3B. The Council may only approve an alternative method for monitoring air toxics under section 3A if the method is a method developed or used by a recognised agency.

3C. If the Council has approved an alternative method for monitoring air toxics under section 3A, a participating jurisdiction may use that alternative method to monitor air toxics for the purposes of this Measure if it is not reasonably practicable for the participating jurisdiction to use a method in Table 1 of Schedule 3.

3D. For the purposes of section 3B, recognised agency means:

(i)             an environmental protection agency of a participating jurisdiction that is responsible for monitoring air toxics in that jurisdiction;

(ii)           the California Environment Protection Agency;

(iii)        the European Commission;

(iv)         the International Standards Organisation;

(v)           the United States Environment Protection Agency; or

(vi)         Standards Australia.

[13] Schedule 4, Proforma Table 1

 omit the Table; substitute

Proforma Table 1: Stage 2 Sites and Proposed Monitoring Program

[14] Schedule 4, Proforma Table 2

 omit the Table; substitute

Proforma Table 2: Monitoring results

[15] Schedule 4, Part 2, subsection (v)

omit

AS 2922-1987

 substitute

  AS/NZS 3580.1.1:2007

[16] Schedule 4, Part 4, subsection (ii)

omit the subsection

[17] Schedule 4, ‘Reporting Schedule’ table

omit

 substitute