Recommendation 23

EPA collaborates with other regulators via an Interagency Working Group on Emerging Contaminants in Biota to better understand the risks of exposure to PFAS. The working group oversees a program to understand the extent of emerging contaminants, including PFAS, in waterfowl and recreationally caught fish in Victoria – this includes analysis of PFAS sampling in biota (fish and ducks) and the ambient environment (water, soils and sediment). Participating regulators include Parks Victoria, the Game Management Authority and the Victorian Fisheries Authority.42 EPA shares updates and results from the studies via its website.43

EPA is also undertaking work with Agriculture Victoria to assess and better understand the distribution and elimination of PFOS in livestock. EPA advised that it is also working with Agriculture

Victoria on the adequacy of the risk assessment models in use with respect to agriculture. Since this commitment was made, IGEM has observed DTF's continued emphasis on the importance of regulators working together and sharing information, along with evidence of information sharing and collaboration between relevant regulatory agencies. IGEM therefore considers that the commitment has been addressed.

IGEM also notes that the Environment Protection Amendment Act 2018 promotes information sharing where appropriate, including through section 452(d), which provides that EPA may collect or use information from, or disclose information to, another government agency if necessary for research, and if in the public interest.

Finding

IGEM considers this commitment has been implemented.

That the Victorian Government take a lead role in identifying safe levels of PFCs for water and soil in Australia.

Government commitment:

Continue to provide input (to the Commonwealth Government) into the development of such standards, while appropriately implementing them through its legislative and policy framework.

Lead agency

Status EPA

Complete

The inquiry found that standards for safe levels of PFAS in water, soil, food and human blood had not been established in Australia, reflecting a lack of scientific evidence as to what levels of PFAS pose a threat to human health. The absence of standards made it hard for regulators to monitor threats effectively.

The government supported Recommendation 23 in principle but noted that the Australian Government was responsible for determining nationally consistent standards. The government committed to continue to provide input into the development of these standards and implement them through its legislative and policy framework.

42 Other working group members include the Department of Jobs, Precincts and Regions (DJPR), the Department of Health and Human Services (DHHS) and the Arthur Rylah Institute for Environmental Research. 43 Refer to www.epa.vic.gov.au/about-us/news-centre/news-and-updates.

The Victorian Minister for Energy, Environment and Climate Change endorsed the first PFAS National Environment Management Plan (NEMP) in February 2018, alongside other Australian environment ministers.44 IGEM's 2018 progress report noted EPA's significant role in the development of the NEMP through the Heads of EPAs Australia and New Zealand (HEPA). The NEMP is a key tool for identifying safe levels of PFAS for soil and water in Australia. The NEMP guides environmental regulators in their regulation of PFAS contaminated sites, PFAS contaminated materials, and products containing PFAS where applicable. The NEMP includes the following values: health-based guidance values for use in site investigations soil criteria for investigation: human health-based guidance values soil criteria for investigation: ecological guideline values.45

EPA has now appropriately implemented the NEMP within its existing legislative and policy framework to regulate PFAS contamination – an August 2018 Interim Position Statement on PFAS records that EPA has adopted the NEMP for Victoria.

EPA has provided IGEM with copies of pollution abatement notices issued under the Environment Protection Act 1970 – these notices demonstrate EPA's assessment of soil, groundwater and freshwater PFAS monitoring results against values in the NEMP when determining whether a duty holder has caused pollution to occur. Meanwhile, EPA has continued to provide input into the ongoing development of the NEMP, in line with HEPA's intention that it be an evolving document. HEPA has clarified and expanded the guidance in the NEMP and released a draft NEMP 2.0 for public consultation between March and May 2019. EPA hosted a public information session in Melbourne on the draft NEMP 2.0 and has made the document available on its website.46

New material in the draft NEMP 2.0 includes:

updates to the soil criteria for PFAS to ensure they are appropriate for Australian conditions new guidance on the reuse of soil initial guidance on the management of PFAS in wastewater new on-site storage and containment guidance for PFAS-containing products and materials. EPA's website states that HEPA will undertake a comprehensive review of the NEMP in 2023.

Finding

IGEM considers this commitment has been implemented.

44 The NEMP is available at www.epa.vic.gov.au/PFAS_NMP. 45 Health-based guidance values and human health-based guidance values are the same as health reference values. Refer to Appendix B for a definition of health reference values. 46 Refer to www.epa.vic.gov.au/your-environment/land-and-groundwater/pfas-in-victoria/pfas-nemp-2-0.