Management of asbestos in recovered fines and recovered materials for beneficial reuse in NSW

Advice from the Office of the NSW Chief Scientist and Engineer (OCSE) looks to balance risk with promoting safe removal and effective management of asbestos.

The OCSE has completed its review of the management of asbestos in recovered fines and recovered materials for beneficial reuse in NSW. In its final report, the OCSE made 9 recommendations for consideration by the NSW Government, with 2 directed to the NSW Environment Protection Authority.

The Government carefully considered the final report and has accepted 6 of the recommendations, with the remaining 3 accepted in-principle. The Government’s response to the report is below.

OCSE Final Report RecommendationNSW Government Response
1NSW Government should implement a coordinated, through-chain risk-based approach to managing asbestos in recovered materials with advice on the application of thresholds, sampling and analysis designed to ensure that potential risks are understood and mitigated at each step in the value chain.

Supported.

The NSW EPA will carry out targeted consultation with relevant stakeholders from the NSW Asbestos Coordination Committee (NACC) and with industry to design and implement a coordinated, through-chain risk-based approach to managing asbestos in recovered materials.

2

NSW Government considers implementing a threshold for asbestos in recovered fines and materials for beneficial reuse. The threshold should:

  1. be based on the current criteria of 0.001% w/w (asbestos in any form) as described in the WA “Guideline: Managing asbestos at construction and demolition waste recycling facilities” and meet all the requirements below:
    • no visible ACM,
    • below 10 mg/kg weight of total asbestos/weight of product (i.e. 0.001 % w/w) and
    • asbestos not detected using AS 5370.
  2. support a through-chain risk-based approach to managing asbestos in recovered fines and materials for beneficial reuse
  3. apply to the end product, ready for reuse in non-contact scenarios, although the threshold could also be used as an in-process standard to verify the efficacy of processing steps.

Supported in-principle.

The NSW EPA will consult with relevant stakeholders from the NACC and with industry to determine the threshold to be implemented in NSW, and its application as part of a through-chain risk-based approach.  

3

NSW EPA develops material acceptance, inspection, sampling and analysis guidelines for asbestos in recovered materials to assess product quality against the set threshold in consultation with industry stakeholders. The sampling and analysis guidelines should:

  1. support a through-chain risk-based approach to managing asbestos in recovered fines and materials for beneficial reuse
  2. consider the nature of different materials and processing chains 
  3. be validated by the results from a staged pilot program.

Supported.

The NSW EPA will consult with relevant stakeholders from the NACC and with industry to develop, test and refine guidelines for material acceptance, inspection, sampling and analysis of asbestos in recovered materials to support a through-chain risk-based approach.

4NSW EPA updates “Standards for managing construction waste in NSW” to include a through-chain risk-based approach by adopting WA Waste Guideline: Managing asbestos at construction and demolition waste recycling facilities.

Supported in-principle.

The NSW EPA will consult with relevant stakeholders from the NACC and with industry on updating the existing Standards to include a through chain risk-based approach.

5NSW Government considers a staged pilot program of a through-chain risk-based approach to design, test and validate findings and recommendations from this report.

Supported.

The NSW Government will work through the EPA and the NACC and with industry to validate any new settings to implement a through-chain risk-based approach, including where appropriate through a pilot program.

6NSW Government engages with other jurisdictions to work towards a consistent approach and outcomes (including legislation) in managing asbestos in recovered fines and materials for beneficial reuse.

Supported.

The NSW Government will engage through existing interjurisdictional government processes to work towards a consistent and aligned regulatory approach and outcomes for managing asbestos in recovered fines and materials for beneficial reuse. 

7

NSW Government considers stronger support for better source separation at demolition sites, including residential premises, through the identification of industry best practice with clear and consistent guidance, training and competency around robust asbestos identification and handling for all workers handling asbestos prior to disposal.

NSW Government evaluates the delivery of small grants funding for council-run programs to date to inform the design of a more systematic funding model.

NSW Government improves and standardises data collection, collation and analysis procedures to better inform and adapt management as part of a through-chain approach.

Supported in-principle.

The NSW Government will work through the NACC and relevant stakeholders to consider these recommendations as part of a wholistic approach to supporting a through-chain risk-based approach to managing asbestos in recovered materials.  

8NSW Government remains aware of emerging technologies that can assist with asbestos detection and considers supporting the development and trialling of technologies that have high potential through a new NSW business research challenge program.Supported.
9

NSW Government facilitate development of national competency-based training for waste industry.

NSW Government liaise with industry professional bodies to develop competency-based training for laboratory analysts, asbestos assessors/environmental auditors/occupational hygienists who consult or work with the waste industry. 

Supported.

The findings and recommendations in the final report reflect a need to address the problem with a through-chain risk-based approach. A focus on reducing and eliminating asbestos at all stages, including through source separation, should provide better outcomes for managing asbestos in recovered materials from construction and demolition waste.

We are coordinating the Government’s response to the recommendations and will be working with other government agencies from the NSW Asbestos Coordination Committee to develop a detailed response plan.

Questions and answers

What are recovered fines?

Recovered fines are the residue remaining after all recyclable construction waste material has been removed from skip bins and other recovered materials.

What is the 'value chain'?

A value chain for recovered materials typically covers all stages in a product’s life cycle, from supply of raw materials to re-use, recycling and disposal after use.

What does ‘through-chain risk-based approach’ mean?

This is a systematic method that focuses on identifying, assessing and managing risks at each stage of a product’s value chain, with the product being recovered material for beneficial reuse.

When and how will the EPA consult with stakeholders?

We plan to consult on the proposed actions and initiatives through meetings with stakeholder groups. 

Consultation will address the following issues:

  • the merits of introducing criteria for asbestos for recovered fines and recovered materials that are intended for reuse in non-contact scenarios (for example, buried, capped or encapsulated)
  • the specific risks that need to be addressed by a through chain risk-based approach and the choice of potential control measures that could mitigate those risks.
Will a threshold be implemented for asbestos in recovered fines and recovered materials for beneficial reuse?

We will consult with relevant government agencies and stakeholder groups to consider how criteria for asbestos might be implemented in NSW, including as part of a through-chain risk-based approach. 

Should waste material that is, or may be, contaminated with asbestos be stockpiled in anticipation of a threshold?

No, the current requirements for classification, transport and disposal of asbestos waste in NSW under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2014 continue to apply.

More information

Contact Environment Line on 131 555. 

See the following websites:

  • OCSE for information about Asbestos management including a copy of the final report and related documents.
  • NSW Government for information about Asbestos in NSW, including identifying, removing and disposing of asbestos waste.
  • EPA for more information about regulation of asbestos waste.