The National Environment Protection Council (NEPC) has released the draft National Environment Protection (Assessment of Site Contamination) Measure (Draft NEPM) for public consultation. The NEPC recognises that the assessment of site contamination and contaminated land management are areas where scientific and technical capabilities are constantly improving. The original NEPM has been varied to incorporate these developments.

The major changes included in the Draft NEPM are:

  • new and improved methodologies for deriving ecological investigation levels and health investigation levels
  • incorporation of health screening levels and ecological screening levels for petroleum hydrocarbons
  • incorporation of guidance for assessing the impacts of asbestos
  • incorporation of guidance on stockpile sampling, contaminant leachability and bioavailability; and
  • incorporation of guidance for assessment of volatile substances.

The Schedules to the Draft NEPM that have undergone the most significant changes are discussed below.

Schedule B1 - guideline on investigation levels for soil and groundwater

Schedule B1 has been substantially expanded in the Draft NEPM in order to address concerns that investigation levels were being adopted as remediation levels. From the 2004 Review, the NEPM Review Team identified that greater detail was needed to ensure that investigation levels were understood to be baseline levels from which remediation levels were ultimately determined.  The new Schedule B1 includes:

  • new health screening levels and ecological screening levels for petroleum hydrocarbon including four levels of carbon chain fractions for total petroleum hydrocarbon assessment
  • screening levels for asbestos in soil for various land uses, including commercial and industrial; and
  • groundwater investigation levels that include more chemicals, such as ammonia, chlorine and ethanol, and new pesticides.

Schedule B2 - Guideline on site characterisation

Schedule B2 provides guidelines for the design and implementation of soil, groundwater and vapour sampling to assist with site characterisation. The Draft NEPM has significantly expanded Schedule B2 to include:

  • more material on vapour and soil gas investigations including the assessment of vapour intrusion and the sampling of soil gas
  • further information on groundwater investigation including monitoring well construction
  • additional guidance on asbestos contamination in soil; and
  • improved methods to protect the environment during site assessment.

Schedule B4 - Guideline on site-specific health risk assessment

Schedule B4 provides guidance on the assessment of the severity of risk to human health from contaminated sites. The amendments to Schedule B4 include:

  • additional information on risk assessment and data collection
  • toxicity assessment to incorporate dose response assessment with updated toxicity reference values based on best available science; and
  • guidance on risk communication.

If you would like to comment on the Draft NEPM, the NEPC must receive written submissions by close of business 26 November 2010.

How can DLA Phillips Fox help you?
DLA Phillips Fox can provide advice on the implications of the changes to the NEPM for your legal obligations and remediation projects and can assist you in formulating submissions if you would like to comment on the Draft NEPM.

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