What is an Environmental Management Plan (EMP)?

An EMP is a document that details the environmental risks and presents the controls and monitoring that will undertaken to minimise these risks to ensure human health and the environment is protected. 

The EMP for the Bulla Spoil Facility will lapse on 30 June 2023. An L09 permit has been issued to regulate the operation of the site.

What is an L09 permit?

The L09 permit establishes on ongoing pathway for the disposal of TBM spoil under the Environment Protection Act 2017.

It serves the same purpose as the previous EMP approach, but aligns with the Environment Protection Framework established under the new Act.

Why does the Bulla Spoil Facility now require an L09 permit?

EMPs were an environmental management tool under the previous environment protection laws. EMPs issued under the previous laws lapsed on 30 June 2023.

The Environment Protection Act 2017 includes an Environment Protection Framework.

Does the L09 permit hold Hi Quality to the same standards as their EMP?

Yes. 

The conditions of an L09 permit and requirements of the EP Regulations 2021 provide the same level of protection of human health and the environment as under the prior EMP process.

The new permit brings the management and disposal of TBM spoil under the new Environment Protection Framework, in line with other activities that require permissions.

When will the L09 permit apply?

High Quality’s L09 permit has been issued and already applies. Their EMP also applies but lapsed on 30 June 2023.

Does the site present any risks to the community?

The Bulla Spoil Facility has been rigorously assessed by EPA’s scientists and engineers to ensure all environmental and human health risks are addressed. This includes groundwater and surface water quality, air quality, and noise.

The facility has been designed to specifically address risks associated with low levels of per-and polyfluoroalkyl substances (PFAS) in tunnel boring spoil. This approach ensures the design focuses specifically on the known characteristics and risks of PFAS.

The site has been engineered to accommodate a PFAS concentration that is 10 times greater than the amount expected in the spoil from the tunnel boring machine. 

How will EPA ensure ongoing compliance at the site?

The L09 permit is enforceable with severe penalties and EPA can issue notices for any non-compliances. EPA officers can visit the site at any time without notice. Community members can lodge a pollution report with the EPA Pollution Watch line on 1300 372 842. 

Each site has other EPA licensed activities ongoing meaning annual reporting is required and auditing is ongoing.

Why have the threshold levels of PFAS been set where they are and are they appropriate for the site?

The threshold acceptance criteria for each site have been set based on extensive risk assessment, modelling and calculations, having consideration of unique factors including leachate collection and cell design.  The threshold level is driven by the design characteristics, more so than the expected levels. This is a good thing, because it means the facility provides a significant safety margin.

The maximum concentrations in the alignment are expected to be up to 0.7 micrograms per litre based on the groundwater testing undertaken. To put this in perspective, drinking water has an allowable PFOS concentration of 0.07 micrograms per litre and it is safe to swim in water with a PFOS concentration of 2 micrograms per litre.

How will the EPA check that the soil sampling plan is being carried out?

Regulation of the site will be done through onsite inspections, observations and monitoring by authorised officers and EPA scientists, as well as assessing reports provided by the accredited Environmental Auditor engaged at the Bulla Spoil Facility.

What are the repercussions for a failure to comply with the EMP or L09 permit?

The repercussion will depend on the situation but can range up to prosecution. If a breach is identified, EPA would also issue notices to ensure the breach does not occur again.

If the levels of PFAS are expected to be so low, why can’t this spoil be classified as clean fill?

Final contamination levels can only be determined once spoil is taken to an approved site, dewatered and further samples are analysed. The spoil may be classified as clean fill material depending on the sampling results.

Are these levels of PFAS consistent with national standards? Who determines national standards?

EPA uses authoritative sources to inform its decision making. These sources are documented in the National Environment Management Plan for PFAS (the PFAS NEMP).

National guidance levels are set by various authoritative bodies depending on their expertise. For example, guidance levels for daily consumption of PFAS are set by Food Standards Australia and New Zealand (FASANZ), whereas drinking water levels are set by the Department of Health. These values have been used by the Heads of EPAs to develop broader guidance values such as landfill acceptance criteria.

Multiple standards are covered, including drinking water, recreational water, and soil criteria such as ‘open space’ or ‘residential’.  Using these guideline values, it is clear the contamination levels in the West Gate Tunnel alignment are expected to be very low - well below the Recreational Water Quality value set by the Australian Government Department of Health, meaning they are suitable for recreational activities.

How often will the EPA be checking for dust monitoring?

Every time an officer attends the site they will check for compliance with dust requirements in the L09. The officers will also be reviewing the data that will be submitted as part of the Environmental Auditor oversight of the operation. EPA officers will also be responding to any community reports of dust from the operation as well.

Will the disposal sites for the tunnel boring machine spoil be subject to the landfill levy?

No. Under regulations, landfill levy only applies to industrial and municipal waste received at a landfill site. Spoil received and contained at Bulla Spoil Facility will not be subject to landfill levy.

What level of PFAS has been approved for the site?

The maximum acceptance criteria for PFAS at Bulla Spoil Facility was reviewed by EPA and included a rigorous assessment of the design and an understanding of the site. The maximum concentrations are dictated by the site-specific ground conditions and engineering designs.  Based on the proposed designs a maximum concentration of 7 micrograms per litre was determined. This should accommodate ten times more than the level of PFAS expected in the project's TBM spoil.

Will the soil testing results be released to the community and how long it will take for that data to be published?

Yes.  For testing results visit, West Gate Tunnel Project.

Will the soil sampling plan be made available to the community?

EPA is working with the project management team to make this information publicly available.