The NATIONAL ENVIRONMENT PROTECTION COUNCIL makes this variation to the National Environment Protection (Ambient Air Quality) Measure under section 20 of the National Environment Protection Council Act 1994 (Cwlth), National Environment Protection Council (New South Wales) Act 1995 (NSW), National Environment Protection Council (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 Act 1994 (ACT) and the National Environment Protection Council (Northern Territory) Act 1994 (NT)

Dated  15 December 2015

1 Name of Variation

 This Variation is the Variation to the National Environment Protection (Ambient Air Quality) Measure 2015.

2 Amendment of National Environment Protection (National Pollutant Inventory) Measure

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

3 Commencement

 This Variation commences on the day after it is registered.

Schedule 1 Amendments

(section 3)

[1] Section 1

Repeal the note

[2] Section 2

Delete:

Advisory Reporting Standard means a health-based standard to assess the results of monitoring for particles as PM2.5. These standards do not have a timeframe for compliance associated with them.

[3] Section 2

Insert:

Exceptional event means a fire or dust occurrence that adversely affects air quality at a particular location, and causes an exceedance of 1 day average standards in excess of normal historical fluctuations and background levels, and is directly related to: bushfire; jurisdiction authorised hazard reduction burning; or continental scale windblown dust.

[4] Section 3

Repeal the section, substitute:

3 Application

Participating jurisdictions must:

(a) for carbon monoxide, nitrogen dioxide, photochemical oxidants (as ozone), sulfur dioxide, lead, particles as PM2.5 and particles as PM10, monitor, assess and report in accordance with the protocol in this Measure.

 [5] Section 6

Repeal the section, substitute:

6 National Environment Protection Goal

The national environment protection goals of this Measure are:

(a) for carbon monoxide, nitrogen dioxide, photochemical oxidants (as ozone), sulfur dioxide, lead and particles (as PM10 and PM2.5) to achieve the National Environment Protection Standards as assessed in accordance with the monitoring protocol (Part 4) to the extent specified in Schedule 2 table 1; and

(b) for particles as PM2.5, to achieve by 2025 further reductions in maximum concentrations to the extent specified in Schedule 2 table 2 .

[6] Subsection 8(2)

Repeal the subsection, substitute:

(2) For each pollutant mentioned in table 1 of Schedule 2, the standard for an averaging period mentioned in the Schedule is the concentration in column 4 of table 1 of Schedule 2.

[7] Subsection 13(1)

Repeal the subsection, substitute:

(1) To the extent practicable, performance monitoring stations should be sited in accordance with the requirements for Australian Standard AS/NZS 3580.1.1:2007 (Methods for sampling and analysis of ambient air – Guide to siting air monitoring equipment). Any variations from AS/NZS 3580.1.1:2007 must be notified to Council for use in assessing reports.

[8] Subsection 17(2)

Repeal the subsection, substitute:

(2) For each performance monitoring station in the jurisdiction or assessment in accordance with subclause 11(b) there must be:

(a) a determination of the exposed population in the region or sub-region represented by the station; and

(b) an evaluation of performance against the standards and goal of this Measure, other than in relation to table 2 of Schedule 2, as:

(i) meeting; or

(ii) not meeting; or

(iii) not demonstrated.

[9] After subsection 17(2)

Insert:

(2A) Each participating jurisdiction must evaluate and report population exposures to particles as PM2.5 annually from June 2018.

Note   To ensure national consistency, evaluation and reporting shall be undertaken in accordance with any procedures or methods agreed by participating jurisdictions.

[10] Subsection 18(1)

Repeal the subsection, substitute:

(1) Each participating jurisdiction must submit a report on its compliance with the Measure, other than in relation to table 2 of Schedule 2, in an approved form to Council by the 30 June next following each reporting year.

[11] After subsection 18(3)

Insert:

(3A) When reporting against PM10 and PM2.5 1 day average standards jurisdictions will report all measured data, including monitoring data that is directly associated with an exceptional event, and identify and describe any exceptional event.

(3B) Jurisdictions are to maintain and make available records relating to the determination of exceptional events.

(3C) For the purpose of reporting compliance against PM10 and PM2.5 1 day average standards, jurisdictions shall exclude monitoring data that has been determined as being directly associated with an exceptional event.

(3D) For the purpose of reporting compliance against PM10 and PM2.5 1 year average standards, jurisdictions shall include all measured data, including monitoring data that is directly associated with an exceptional event.

Note   To ensure national consistency, all reporting or record-keeping referred to in subclauses 18(3A), (3B), (3C) or (3D) shall be undertaken in accordance with any procedures or methods agreed by participating jurisdictions.

[12] Schedule 1

Repeal the schedule, substitute:

Schedule 1 Pollutants

[13] Schedule 2

Repeal the schedule, substitute:

Schedule 2 Standards and Goal

Table 1: Standards for Pollutants

Table 2: Goal for Particles as PM2.5 by 2025

For the purposes of this Measure the following definitions shall apply:

(1) Lead sampling must be carried out for a period of 24 hours at least every sixth day.

(2) Measurement of lead must be carried out on Total Suspended Particles (TSP) or its equivalent.

(3) In Column 3 of table 1 and Column 2 of table 2 of Schedule 2, the averaging periods are defined as follows:

• 1 hour clock hour average
• 4 hour rolling 4 hour average based on 1 hour averages
• 8 hour rolling 8 hour average based on 1 hour averages
• 1 day  calendar day average
• 1 year calendar year average

(4) In Column 5 of table 1 of Schedule 2, the time periods are defined as follows:

• day  calendar day during which the associated standard is exceeded
• year  calendar year.

(5) All averaging periods of 8 hours or less must be referenced by the end time of the averaging period. This determines the calendar day to which the averaging periods are assigned.

(6) For the purposes of calculating and reporting 4 and 8 hour averages, the first rolling average in a calendar day ends at 1.00 am, and includes hours from the previous calendar day.

(7) The concentrations in Column 4 of table 1 and Column 3 of table 2 of Schedule 2 are the arithmetic mean concentrations.

[14] Schedule 3

Repeal the schedule, substitute:

Schedule 3 Australian Standards Methods for Pollutant Monitoring

[14] Schedules 4 and 5

Repeal the schedules.