Introductory NoteSection 14 of the National Environment Protection Council Act 1994 and the equivalent provision of the corresponding Act of each participating State and Territory provides for the making of measures by the National Environment Protection Council and the matters to which they may relate. This Measure relates to ambient air quality (section 14 (1) (a)).The Measure is to be implemented by the laws and other arrangements participating jurisdictions consider necessary: see section 7 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory.
Part 1 Preliminary
1 Citation
This Measure may be cited as the National Environment Protection (Air Toxics) Measure.
Note: This Measure commences on gazettal: see National Environment Protection Council Act 1994, s 21 and Acts Interpretation Act 1901, s 48 as applied by s 46A.
2 Definitions
(1) This clause defines particular words and expressions used in this Measure.
(2) The words and expressions indicated by an asterisk are defined in the Commonwealth Act and are included for information only to assist readers of the Measure. Minor changes from the definitions in the Commonwealth Act are indicated by square brackets ([ ]).
(3) In this Measure:
*
agreement
means the agreement made on 1 May 1992 between the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the Australian Local Government Association, a copy of which is set out in the Schedule [to the Commonwealth Act].
ambient air
means the external air environment, it does not include the air environment inside buildings or structures.
air toxic
means a pollutant selected for assessment in this Measure and listed in Schedule 1
Commonwealth Act
means the National Environment Protection Council Act 1994 of the Commonwealth.
Council
means the National Environment Protection Council established by section 8 of the Commonwealth Act and the equivalent provision of the corresponding Act of each participating State and Territory.
monitoring investigation level
means the concentration of an air toxic which if exceeded requires an appropriate form of further investigation and evaluation.
*national environment protection goal
means a goal:
(a) that relates to desired environmental outcomes; and
(b) that guides the formulation of strategies for the management of human activities that may affect the environment.
*national environment protection protocol
means a protocol that relates to the process to be followed in measuring environmental characteristics to determine:
(a) whether a particular standard or goal is being met or achieved; or
(b) the extent of the difference between the measured characteristic of the environment and a particular standard or a particular goal.
*national environment protection standard
means a standard that consists of quantifiable characteristics of the environment against which environmental quality can be assessed.
*participating jurisdiction
means the Commonwealth, a participating State or a participating Territory.
*participating State
means a State:
(a) that is a party to the Agreement; and
(b) in which an Act that corresponds to [the Commonwealth] Act is in force in accordance with the Agreement.
*participating Territory
means a Territory:
(a) that is a party to the Agreement; and
(b) in which an Act that corresponds to [the Commonwealth] Act is in force in accordance with the Agreement.
ppm
means parts per million by volume.
“
Stage 1 site
” means a site where significantly elevated concentrations of one or more air toxics are expected to occur.
“
Stage 2 site
” means a Stage 1 site prioritised for monitoring on the basis of its potential for significant population exposure, (as described in Schedule 3 to this Measure), to one or more air toxics.
“
Year
” means a calendar year for the purposes of this Measure.
3 Application
Participant jurisdictions must establish assessment monitoring and reporting procedures in accordance with the protocols in this Measure.
Part 2 National Environment Protection Goal
4 Purpose of Part
The purpose of this part is to set out a goal:
(a) that relates to the desired environmental outcomes; and
(b) that guides the formulation of strategies for the management of human activities that may affect the environment.
5 National environment protection goal
The national environment protection goal of this Measure is to improve the information base regarding ambient air toxics within the Australian environment in order to facilitate the development of standards following a Review of the Measure within eight years of its making.
6 Desired environmental outcome
The desired environmental outcome of this Measure is to facilitate management of air toxics in ambient air that will allow for the equivalent protection of human health and well being, by-
(1) providing for the generation of comparable, reliable information on the levels of toxic air pollutants (“air toxics”) at sites where significantly elevated concentrations of one or more of these air toxics are likely to occur (“Stage 1 sites”) and where the potential for significant population exposure to air toxics exists ( “Stage 2 sites”).
(2) establishing a consistent approach to the identification of such sites for use by jurisdictions.
(3) establishing a consistent frame of reference (“monitoring investigation levels”) for use by jurisdictions in assessing the likely significance of levels of air toxics measured at Stage 2 sites.
(4) adopting a nationally consistent approach to monitoring air toxics at a range of locations (eg. near major industrial sites, major roads, areas affected by wood smoke).
Part 3 National environment protection protocol
7 Purpose of Part
The purpose of this Part is to set out the processes to be followed in
(a) identifying Stage 1 sites and Stage 2 sites;
(b) measuring the concentration of air toxics in the air at Stage 2 sites, and
(c) evaluating the results of monitoring against monitoring investigation levels
This protocol sets out the process for monitoring air quality in such a way as to achieve the national environment protection goal specified in Part 2 of this Measure.
8 Identification of Stage 1 and Stage 2 sites for monitoring of Air Toxics
(1) Each participating jurisdiction must undertake an assessment of locations within the jurisdiction to identify Stage 1 sites which may be used for the purpose of monitoring any of the air toxics specified in Schedule 1 to this Measure.
(2) An assessment of locations as required under sub-clause (1) must be undertaken in accordance with the requirements for identification of Stage 1 sites set out in Schedule 2 to this Measure.
(3) Following the assessment under sub-clause (1) each jurisdiction will determine which (if any) of its Stage 1 sites warrant designation as Stage 2 sites.
(4) A determination as required under sub-clause (3) must be undertaken in accordance with requirements for the identification of Stage 2 sites set out in Schedule 2 of this Measure.
(5) Where a participating jurisdiction identifies more than one Stage 2 site, the jurisdiction may establish the priority for monitoring each site in accordance with Schedule 2 to this Measure.
(6) Where a jurisdiction decides to undertake preliminary monitoring the results may be used to assist in the prioritisation of Stage 2 sites. Prioritisation must be carried out in accordance with Schedule 2.
9 Monitoring of Air Toxics
(1) Where a Stage 2 site identified in accordance with Clause 8 (3) is an industrial site, subject to jurisdictional regulatory control, the jurisdiction may decide that monitoring in accordance with this National Environment Protection Measure would not add value to existing statutory measures applied at that site and not undertake monitoring.
(2) Where a jurisdiction decides not to monitor at such a site, it must report to Council the basis for that decision in accordance with Schedule 4.
(3) Where one or more Stage 2 sites have been identified under Clause 8 of this Measure, and if monitoring of air toxics is undertaken, then monitoring must be in accordance with the requirements set out in Schedule 3 to this Measure.
(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.
10 Siting of monitoring equipment
(1) Except where monitoring is carried out in accordance with sub-clause 10(2)(d), siting of monitoring equipment for each site at which monitoring is to be undertaken must, as far as practicable, comply with Australian Standard AS/NZS 3580.1.1:2007 Ambient Air - Guide for the siting of sampling units for peak monitoring stations.
(2) When siting monitoring equipment, the following must be taken into account -
(a) equipment for the purpose of monitoring air toxics must, where appropriate, be situated to determine the cumulative impact of multiple sources;
(b) despite the requirements under sub-clause (a), where the concentration of air toxics from road sources is being monitored, cumulative impacts may relate to emissions from one type of source, such as motor vehicles;
(c) when monitoring street canyons, monitoring equipment should be sited to ensure that maximum concentrations of air toxics are determined, as concentrations on opposing sides of canyons can vary widely; and
(d) in wood smoke impacted areas, PM10 performance monitoring stations as designated under the National Environment Protection (Ambient Air Quality) Measure may be used for monitoring of PAHs and other air toxics associated with wood smoke.
(3) Notwithstanding the requirements of sub-clause (1), when siting monitoring equipment at roadside Stage 2 sites, equipment must be sited within 20 metres of the kerbside and the distance from the kerb must be reported.
11 Accreditation
(1) Subject to subclause (2), an operator conducting monitoring for the purpose of this Measure must be accredited for the relevant methods by the National Association of Testing Authorities.
(2) An operator may apply an equivalent system, approved by the National Association of Testing Authorities, for ensuring adequate monitoring, quality assurance and validation procedures.
12 Evaluation of monitoring results against monitoring investigation levels
The results of any monitoring must be assessed against the monitoring investigation levels identified in Schedule 3 to this Measure. For any exceedence of a monitoring investigation level identified in Schedule 3 to this Measure, the jurisdiction must undertake some form of evaluation to determine the circumstances that led to the exceedence, including the likely sources of the air toxics and influence of natural factors.
13 Reporting
(1) Each participating jurisdiction must submit a report to Council in accordance with Schedule 4 to this Measure.
(2) A report submitted in accordance with sub-clause (1) must be submitted to Council by the 30 June next following each reporting year.
(3) In this clause “reporting year” means a year ending on 31 December.
14 Review of the Measure
(1) This Measure will be subject to a full review to commence within eight years of commencement. This Review will consider -
(a) the effectiveness of the Measure in achieving the desired environmental outcome set out within it;
(b) the resources available for implementing the Measure; and
(c) the need, if any, for amending the Measure (in accordance with the Act), including:
(i) whether any changes should be made to the Schedules; and
(ii) whether any changes should be made to improve the effectiveness of the Measure in order to achieve the national environment protection goal set within it.
(2) Provided that the review required under 14(1) has not been initiated before the commencement of the fifth year of the Measure, the Measure will undergo a preliminary review in the fifth year after being made to enable an assessment of progress toward meeting the specified Goal of the Measure to be made.
15 Schedules to the Measure
This measure contains the following Schedules:
(1) Schedule 1
Schedule 1 to this Measure identifies the air toxics to which this Measure applies.
(2) Schedule 2
Schedule 2 to this Measure prescribes the process to be undertaken when identifying and prioritising Stage 1 and Stage 2 sites and prescribes the screening procedure for discontinuing monitoring at Stage 2 sites.
(3) Schedule 3
Schedule 3 to this Measure prescribes the methodology for air toxics monitoring and assessment.
(4) Schedule 4
Schedule 4 to this Measure prescribes the reporting requirements for this Measure.