The NSW EPA position statement on NEMP 3.0
The Environment Protection Authority (EPA) supports and uses the Commonwealth PFAS National Environmental Management Plan (PFAS NEMP).
The PFAS NEMP provides a framework for the environmental management of PFAS-contaminated materials and sites. The PFAS NEMP provides guidance for assessing the impacts of PFAS on human health and the environment, rather than providing strict limits for regulation and compliance.
The PFAS NEMP is a living document designed to reflect the current state of knowledge. It will be updated periodically to reflect new scientific evidence and guidance.
On 4 March 2025, the Commonwealth Government released the PFAS National Environment Management Plan (NEMP) 3.0. It provides new and/or additional guidance for PFAS management, including for biosolids, landfills, wastewater treatment and contaminated land.
The EPA is taking a staged, risk based approach to the implementation of NEMP 3.0. The EPA acknowledges that the National Health & Medical Research Council (NHMRC) is finalising its determination of the Australian Drinking Water Guidelines, which may result in subsequent amendments to PFAS NEMP 3.0.
PFAS Environmental Guideline Values
Exceedance of the NEMP guideline values does not necessarily mean that there is an environmental or human health risk. An exceedance of guideline values may trigger further investigation to determine if there is a potential risk to human health or the environment that needs to be managed.
Where contamination management work (including remediation) commenced prior to the introduction of NEMP 3.0, those works may be completed with reference to the NEMP 2.0 guidance. Works are considered to have already commenced if a contract had been awarded for the works prior to 4 March 2025.
Where contamination assessments that commenced prior to the introduction of NEMP 3.0 are still in progress or will be used to inform management work (including remediation), the appropriateness of the assessment and conclusions should be considered against NEMP 3.0.
Where contamination assessments or management work (including remediation) has commenced after the introduction of NEMP 3.0, those works should be completed with reference to the NEMP 3.0 guidance. Works are considered to have commenced afterwards if a contract is awarded for the works after 4 March 2025.
PFAS and biosolids
NEMP 3.0 introduces new guidance for PFAS in recovered wastes and includes new guideline values for PFAS in biosolids that are applied to land. The EPA is working to incorporate these new guidelines within the existing biosolids management framework.
The EPA has drafted a new Biosolids resource recovery order and exemption which includes PFAS regulatory thresholds, biosolids management and testing requirements that align with the NEMP 3.0.
The EPA is engaging with key stakeholders on the proposed order and exemption and will undertake broad consultation shortly.
PFAS in landfill leachate and wastewater
NEMP 3.0 outlines guidance on the monitoring of PFAS in wastewater and waste streams including leachate.
As part of the transition to NEMP 3.0 the EPA is considering the inclusion of monitoring requirements for PFAS on sewage treatment plant and landfill licences.
The monitoring requirements will be developed in consultation with relevant stakeholders in the second half of 2025.
Reporting obligations for PFAS under the Contaminated Land Management Act 1997
In general, the presence of PFAS does not mean that a site must be notified to the EPA under section 60 of the Contaminated Land Management Act 1997 (CLM Act).
The duty to report is not intended to capture the notification of widespread diffuse urban pollution that cannot be attributed to a specific industrial, commercial or agricultural activity or land use. For further information regarding situations not intended to be captured by the duty to report, please refer to section 2.5 of the Guidelines on the Duty to Report contamination under the Contaminated Land Management Act 1997.
The EPA leads the NSW Government program to investigate sites where the greatest use of PFAS containing products has taken place and where there is potential for environmental contamination. The program has focused on airports, firefighting training facilities and some industrial sites. More than 1,100 sites have been assessed to date.
There is no need for sites already known to the EPA under the PFAS Investigation Program to be reported to the EPA.