Approval Conditions for the New M5

There is a document, the consolidated Westconnex New M5 Instrument of Approval which documents the conditions that the builders and operators of the New M5 must satisfy. It has all sorts of conditions in there and it's not just about air quality. I am quoting some particularly relevant parts here. Look out for the requirement to make improvements if the tunnel is a significant contributor to air quality goals not being met. Where the text is a colour other than black, it indicates an alteration from the original document.

The air quality targets are based on an On the Australian air quality standard, backed by NSW legislation.

Air Quality Gommunity Consultative Gommittee

B9

Prior to finalising the detailed design of the SSI and establishing the ambient air quality monitoring stations required under condition E10 the Proponent must establish an Air Quality Gommunity Consultative Committee (AQCCC) to provide input prior to and during the operation of the SSI. The AQCCC must:

(a)be comprised of -
(i)two representatives from the Proponent and tunnel operator,
(ii) one representative from each of the relevant councils, whose attendance is only required when considering matters relevant to their respective local government area,
(iii) three representatives from the local community adjacent to the St Peters ventilation facility or three representatives from the local community adjacent to the Kingsgrove ventilation facility or three representatives adjacent to the Arncliffe ventilation facility whose attendance is only required when considering matters relevant to their respective local area, and whose appointment has been approved by an expression of interest process conducted by the Proponent in consultation with the Secretary, and
(iv) a Chair who is an independent party put fonruard by the Proponent and approved by the Secretary;
(b)meet at least four times a year, or as otherwise agreed by the chair and the Secretary;
(c)review and provide advice on the location of the air quality monitoring stations required under condition E10, operation environmental management plans and other operation stage documents, compliance tracking reporting, audit reports, or complaints as they relate to air quality; and
(d)provide advice on the dissemination of monitoring results and other information on air quality issues.

The AQCCC must operate for up to two years after commencement of operation, or as otherwise approved or directed by the Secretary, in consultation with the Chair.

Ambient Air Quality - Monitoring

E10

The Proponent must monitor (by sampling and obtaining results by analysis) the pollutants and parameters specified in Table 8 at the following locations as a minimum:

(a)two ground level receptors near the Kingsgrove ventilation outlet, at locations suitable for detecting any impact on air quality from the outlet;
(b)two ground level receptors near the Arncliffe ventilation outlet, at locations suitable for detecting any impact on air quality from the outlet;
(c)two ground level receptors near the St Peters ventilation outlet, at locations suitable for detecting any impact on air quality from the outlet;
(d)one location within the vicinity of the St Peters lnterchange, as a location suitable for detecting any impact on air quality within the surrounding residential receptors; and
(e)one location, away from any of the locations at (a) to (d), suitable for providing background ambient air quality reference data for the project area.

...

E13

The Proponent must commence monitoring for at least twelve continuous months prior to operation and continue monitoring for at least two years following the commencement of operation. At the conclusion of the two year operational monitoring period, the Proponent must review the need for the commencement of the continuation of the ambient monitoring stations in consultation with the AQCCC. Any recommendation to close any or all of the stations will require the approval of the Secretary in consultation with the EPA.

Ambient Air Quality - Goals

E14

Should ambient monitoring of air pollutants exceed the following goals, the provisions of conditions E15, E16 and E17 will apply:

(a)CO - 8 hour rolling average of 9.0 ppm (NEPM);
(b)NO2 - One hour average of 0.12 ppm (245 ps/m3)(NEPM);
(c)PM10 - 24 hour average of 50 μg/m3 (NEPM);
(d)PM2.5 - 24 hour average of 25 μg/m3 (NEPM);
(e)PM10 - annual average of 25 μg/m3 (NEPM);
(f)PM2.5 - annual average of 8 μg/m3 (NEPM).

Note:

Ambient Air Qualíty - Notification and Reporting

E15

In addition to the general reporting requirements specified in condition E23, the Proponent must prepare an Ambient Air Quality Goal Protocol for the evaluation of a potential measurement that exceeds the goals. The Ambient Air Quality Goal Protocol must be developed by the Proponent in consultation with the AQCCC and submitted to the Secretary for approval at least 12 months prior to the commencement of operation of the SSl.

The Ambient Air Quality Goal Protocol must include:

(a)the form of and process for providing a Notification of Above-Goal Recording, subject to condition E16;
(b)the form and contents of a Report on Above-Goal Recording, subject to condition El7; and
(c)a process for appointing an independent person/organisation to prepare the Report on Above-Goal Recording. The process must include -
(i)approval of the independent person/organisation by the Secretary prior to preparation of the report, and
(ii)the appointment of the independent person/organisation at least one month prior to the commencement of operation, or at some other time prior to preparation of the report with the agreement of the Secretary.

E17

Within 20 working days of any Notification of Above-Goal Recording, the Proponent must prepare and submit to the Secretary a Report on Above-Goal Recording that details the cause and major contributor of the exceedance and the options available to prevent recurrence.

Where the operation of the tunnel is identified to be a significant contributor to the recorded above-goal reading, the Report on Above-Goal Recording must include consideration of improvements to the tunnel air quality management system so as to achieve compliance with the ambíent air quality goals, including but not limited to installation of the additional ventilation management facilities allowed for under condition 85, and discussion of whether those improvements are feasible and reasonable.

The Proponent must comply with any requirements arising from the Secretary's review of the Report on Above-Goal Recording.

Emergency Discharge

E22

Conditions E4, E5, E6, E14 and E19 do not apply in an emergency, as defined in the OEMP required by condition E31(g).

The Proponent must, as soon as reasonably practicable, notify the Secretary and the EPA of any such discharge.

OPERATION ENVIRONMENTAL MANAGEMENT PLAN

E31

Prior to the commencement of operation, or as otherwise agreed by the Secretary, the Proponent must prepare and implement an Operation Environmental Management Plan (OEMP) for the SSl. The OEMP must outline the environmental management practices and procedures that are to be followed during operation, and must be prepared in consultation with relevant agencies and in accordance with the Guideline for the Preparation of Environmental Management Plans (Department of lnfrastructure, Planning and Natural Resources, 2004). The OEMP must include, but not be limited to:

......
(g)a definition of emergency as it applies to conditions B,4,822 and E44; and
......

The OEMP must be submitted for the approval of the Secretary no later than one month prior to the commencement of operation, or as otherwise agreed by the Secretary. Operation must not commence until written approval of the OEMP has been received from the Secretary.

Note: