Federal Register of Legislation - Australian Government

Primary content

Measures as made
This instrument varies the National Environment Protection (National Pollutant Inventory) Measure.
Administered by: Environment
Made 15 Dec 2015
Registered 02 Feb 2016
Tabled HR 04 Feb 2016
Tabled Senate 22 Feb 2016
Date of repeal 04 Feb 2016
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

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)

 

Introductory Note

Section 20 of the National Environment Protection Council Act 1994 and the equivalent provision of the corresponding Act of each participating State and Territory enables the National Environment Protection Council to vary a National Environment Protection Measure.  This is a variation to the National Environment Protection (Ambient Air Quality) Measure made by the National Environment Protection Council on 26 June 1998 and varied on 23 May 2003.

 

The Variation 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).

[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

Carbon monoxide

Nitrogen dioxide

Photochemical Oxidants (as Ozone)

Sulfur dioxide

Lead

Particles (as PM10 and PM2.5)

[13]         Schedule 2

Repeal the schedule, substitute:

Schedule 2   Standards and Goal

Table 1: Standards for Pollutants

Column 1

Item

Column 2

Pollutant

Column 3

Averaging period

Column 4

Maximum concentration standard

Column 5

Maximum allowable exceedances

1

Carbon monoxide

8 hours

9.0 ppm

1 day a year

2

Nitrogen dioxide

1 hour

1 year

0.12 ppm

0.03 ppm

1 day a year

None

3

Photochemical oxidants (as ozone)

1 hour

4 hours

0.10 ppm

0.08 ppm

1 day a year

1 day a year

4

Sulfur dioxide

1 hour

1 day

1 year

0.20 ppm

0.08 ppm

0.02 ppm

1 day a year

1 day a year

None

5

Lead

1 year

0.50 µg/m3

None

6

Particles as PM10

1 day

1 year

50 µg/m3

25 µg/m3

None

None

7

Particles as PM2.5

 

1 day

1 year

25 µg/m3

8 µg/m3

None

None


 

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

Column 1

Pollutant

Column 2

Averaging period

Column 3

Maximum concentration

Particles as PM2.5

1 day

1 year

20 µg/m3 by 2025

7 µg/m3 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

Pollutant

Method title

Method number

Carbon monoxide

Determination of Carbon Monoxide-Direct Reading Instrumental Method

AS/NZS 3580.7.1-2011/Amdt 1-2012

Nitrogen dioxide

Determination of Oxides of Nitrogen-Chemiluminescence Method

AS/NZS 3580.5.1-2011

Photochemical oxidants (as ozone)

Determination of Ozone-Direct Reading Instrumental Method

AS/NZS 3580.6.1-2011

Sulfur dioxide

Determination of Sulfur Dioxide-Direct Reading Instrumental Method

AS/NZS 3580.4.1-2008

Lead

Determination of Suspended Particulate Matter – Particulate metals high or low volume sampler gravimetric collection – Inductively coupled plasma (ICP) spectrometric method

AS/NZS 3580.9.15:2014

Determination of Suspended Particulate Matter – Total suspended particulate matter (TSP) - High volume sampler gravimetric method

AS/NZS 3580.9.3:2015

Particles as PM10

Determination of Suspended Particulate Matter-PM10 High Volume Sampler with Size Selective Inlet-Gravimetric Method

AS/NZS 3580.9.6:2003

Determination of Suspended Particulate Matter- Dichotomous sampler (PM10, coarse PM and PM2.5) – Gravimetric method

AS/NZS 3580.9.7:2009

Determination of Suspended Particulate Matter-PM10 continuous direct mass method using tapered element oscillating microbalance analyser.

AS/NZS 3580.9.8-2008

Determination of Suspended Particulate Matter-PM10 Low Volume Sampler-Gravimetric Method

AS/NZS 3580.9.9:2006

Determination of Suspended Particulate Matter-PM10 beta attenuation monitors

                                                                

AS/NZS 3580.9.11:2008/Amdt 1 :2009

Particles as PM2.5

Determination of Suspended Particulate Matter-PM2.5 low volume sampler-Gravimetric Method

AS/NZS 3580.9.10:2008

Determination of Suspended Particulate Matter-PM2.5 beta attenuation monitors

AS/NZS 3580.9.12:2013

Determination of Suspended Particulate Matter-PM2.5 continuous direct mass method using a tapered element oscillating microbalance monitor

AS/NZS 3580.9.13:2013

Determination of Suspended Particulate Matter-PM2.5 high volume sampler with size selective inlet – Gravimetric Method

AS/NZS 3580.9.14:2013

[14]         Schedules 4 and 5

Repeal the schedules.