ASC NEPM 1999 Transition, implementation and EPA guidance

Transcription

1 South Australia s Environment Protection Authority ASC NEPM 1999 Transition, implementation and EPA guidance ACLCA, Wednesday 10 July 2013 Wendy Boyce, Mark Hassam & Danielle Torresan

2 Overview amendment key changes transitional implementation framework guidance

3 The ASC NEPM National Environment Protection (Assessment of Site Contamination) Measure 1999 primary national guidance document purpose and desired environmental outcome nationally consistent approach to the assessment of site contamination in order to ensure the adequate protection of human heath and the environment where site contamination occurs

4 The amendment journey 1999 original ASC NEPM made under the Commonwealth National Environment Protection Council Act five year statutory review commenced (December) 2013 amended ASC NEPM in effect (16 May) subject to 12 month transitional period

5 ASC NEPM 1999 Clause 1 states: This Measure may be cited as the National Environment Protection (Assessment of Site Contamination) Measure 1999

6 Not to be confused with

7 Amended ASC NEPM SCHEDULE A (repealed/substituted) Flowchart of recommended site assessment process THE MEASURE (updated) Policy framework SCHEDULE B (repealed/substituted) 9 technical guidelines Explanatory statement (amendment Measure 2013) 20Statement/Text

8 Schedule A flowchart

9 Schedule B guidelines Schedule B1 B2 B3 B4 B5a B5b B5c B6 B7 B8 B9 Guideline Investigation levels for soil & groundwater Site characterisation Laboratory analysis of potentially contaminated soils Site-specific health risk assessment methodology Ecological risk assessment Methodology to derive Ecological Investigation Levels in contaminated soils Ecological Investigation Levels for Arsenic, Chromium (III), Copper, DDT, Lead, Naphthalene, Nickel and Zinc Framework for risk based assessment of groundwater contamination Derivation of health-based investigation levels, Community engagement & risk communication Competencies & acceptance of environmental auditors & related professionals

10 ASC NEPM Toolbox provides guidance, checklists and calculators expected to be progressively updated

11 Key change areas ecological risk assessment (Schedules B5a, b, c) human health risk assessment (Schedules B4 & B7) petroleum hydrocarbons and vapour (Schedules B1 & B2) asbestos (Schedules B1 & B2) Suite of 8 new / expanded / revised ILs, SLs and MLs: HILs revised and new Interim soil vapour HILs for VOCCs (soil gas) new Asbestos new HSLs (soil, groundwater, soil gas) new EILs new ESLs new Management limits for TPH fractions F1-F4 new GILs updated

12 But wait there s more! groundwater risk assessment (Schedule B6) laboratory analysis of soils (Schedule B3) community engagement (Schedule B8) competencies and acceptance of environmental auditors and related professionals (Schedule B9)

13 It s not just about picking a number application requires greater degree of rigour, sophistication and understanding emphasis on site specific risk assessment (Schedule A) planning and objectives conceptual site models (iterative) representative site data site specific characteristics limitations multiple lines of evidence preferential pathways appropriate competencies and experience community and stakeholder engagement

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15 Where do I start? Schedule A, Schedule B1 case studies national training program May

16 National transition arrangements 16 May 2013 to 16 May 2014 Transition period Amended ASC NEPM should be applied. Reports may be carried out consistent with the original ASC NEPM with justification (if subject to audit discuss with auditor). 16 May Amended ASC NEPM applies to all assessment work.

17 Implementation in SA implementation priority project for EPA strategy for transition period: provision of framework guidance review of existing EPA guidance Environment Protection Policy (EPP) to come into effect following the end of the twelve month transition period Information sheet (June 2013) files/site%20contamination/info rmation%20sheet/info_asc_nep m.pdf

18 Transitional framework guidance consistent approach to application key components application of ILs, SLs and MLs groundwater petroleum hydrocarbons, VOCCs & vapour assessment

19 Application and reporting amended or original ASC NEPM 1999 work/report consistent with one or the other not appropriate to pick and choose does not apply to work completed prior to 16 May 2013 Auditors must ensure that all consultants reports reviewed and audit reports completed by the auditor during the transition period adequately address these issues Auditors must also ensure that audit reports clearly identify which version of the ASC NEPM 1999 is being used as the guidance for the investigations.

20 PSI, DSI Schedule A and Schedule B2 of the amended ASC NEPM describes the staged site assessment process:. Tier 1 comprises preliminary site investigations (PSI) and detailed site investigations (DSI) Tier 2 or Tier 3 comprise site specific risk assessments.

21 Key components Schedule B2 of the amended ASC NEPM identifies the key components of site contamination investigations as follows: desktop studies, site inspection site history development of a Conceptual Site Model (CSM) - essential and should inform selection and application of Tier 1 investigation levels, screening levels and management limits identification of data gaps development of Data quality objectives (DQO) design of sampling strategy and sampling and analysis quality plans (SAQP) data collection data validation, analysis and interpretation including risk assessment and iterative development of the CSM coherent accurate and reliable reporting.

22 Application of ILs, SLs & MLs refer in the first instance to Schedule B1 for guidance on these levels and how to apply them references also provided in the ASC NEPM Toolbox each Tier 1 level has specific application considerations (including land use scenarios, depth, soil type and properties) with limitations required to be considered on a site specific basis demonstrate the suitability for their application in reports as a minimum, the maximum and 95% UCL of the arithmetic mean should be compared to the Tier 1 levels. Guidance on appropriate data analysis including summary statistics is provided in Schedule B1 and B2 (section 13).

23 Groundwater Schedule B6 section 1.3 of NEPM (2013) leaves it to the individual jurisdictions to define contaminated groundwater relevant jurisdictional policies should also be taken into account regarding groundwater protection

24 Groundwater Determination of Harm to Water and Application of Groundwater Investigation Levels (GILs) Actual harm to water that is not trivial has occurred if chemical substances are: > background concentrations > the water quality criteria for the appropriate protected environmental value as defined in the The Environment Protection (Water Quality) Policy 2003 (Water Quality EPP), or where there is no value, > laboratory limit of reporting.

25 Groundwater There is no amendment to this determination whilst the Water Quality EPP is in effect and therefore the amended ASC NEPM Groundwater Investigation Levels (GILs), do not apply for the determination of harm to water that is not trivial.

26 Groundwater Trigger for assessment driven by determination of harm to water Determination of harm to water remains unchanged (Trigger equals WQEPP 2003 criteria value or > LOR if no value Harm to water) Pathway 1 Undertake assessment as per original ASC NEPM Refer to GWAR (2009) Pathway 2 Undertake assessment as per amended ASC NEPM Refer to amended ASC NEPM Schedules B6, B1 B2 etc

27 Groundwater Hierarchy of Documentation during transition period: Environment Protection Act 1993 (EP Act) and Regulations; current EPA publications Site contamination: The assessment and remediation of groundwater contamination and Site contamination: How to determine actual or potential harm to water that is not trivial resulting from site contamination ; Environment Protection (Water Quality) Policy 2003 (Water Quality EPP); National Environment Protection (Assessment of Site Contamination) Measure Consultants and auditors must clearly identify which version of the ASCM NEPM is applied ie the original or amended ASC NEPM. Australian and New Zealand Guidelines for Fresh and Marine Water Quality Guidelines (2000), Australian Drinking Water Guidelines 2011 and Guidelines for Managing Risk in Recreational Waters 2008; Other relevant publications (approved by or as agreed with the EPA).

28 Follow the pathway Schedule A - Recommended general process for assessment of site contamination

29 Soil vapour and the ASC NEPM Schedule B1 Investigation Levels For Soil and Groundwater Section 3 Application of investigation and screening levels Schedule B2 - Guideline on Site Characterisation Section 9 Vapour Assessment

30 HSLs and assessment of soil vapour Auditors and consultants are advised that when considering applying the HSLs in South Australia, the following must be taken into account The assessment of vapour risk is a specialist area Provides guidance for assessing vapours derived from soil, groundwater or product sources. Provides a range of approaches to assessing vapour risks. The application of the petroleum hydrocarbon HSLs must be in the context of the site assessment framework for petroleum hydrocarbon contamination as described in the varied ASC NEPM. The framework includes application of Ecological Screening Levels (ESLs) for consideration of ecological risks and Management Limits for consideration of risks to in-ground infrastructure, formation of low density non aqueous phase liquids (LNAPL), fire and explosion hazards and aesthetic issues.

31 TPH vs TRH Guidance Note on TPH/TRH in Vapour In relation to the analysis and interpretation of TPH/TRH vapour data collected from contaminated sites, this note has been prepared to clarify two issues that will assist in ensuring that vapour data collected is sufficiently robust and comparable between laboratories

32 What else is out there CRC CARE Technical Report Technical Report 23 Petroleum Hydrocarbon vapour intrusion assessment: Australian Guidance

33 What s the EPA doing about vapour Development of new state guidance Currently drafting a document to outline the framework for assessment and remediation of vapour Application of ASC NEPM and other relevant guidance in SA including reporting requirements Public consultation release by late February/ early March 2014 Release of final document ~ May 2014

34 Engagement s & letters to stakeholders updating of EPA website published guidance one on ones contact the Site Contamination Branch telephone