PFAS firefighting foams have been banned in NSW from March 1 in firefighting training, with further restrictions on their use in fire extinguishers to take effect in 18 months' time.
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The ban was announced by NSW Environment Minister Matt Kean, who said the Berejiklian government's PFAS regulations would significantly reduce environmental impacts while allowing emergency agencies to use the products in defined "catastrophic" or "special" situations.
"Firefighting foam is the key cause of PFAS contamination in the NSW environment with concentrations detected at airports, defence sites, emergency service facilities, training facilities, major hazard facilities, and their surrounding environments," Mr Kean said.
"This ban on PFAS firefighting foam will significantly reduce the impact on our environment but still enable our emergency agencies to fight catastrophic fires that can have devastating impacts on life and property."
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Locally there has been a number of sites across the Shoalhaven, where PFAS contamination has been discovered including naval bases HMAS Albatross and HMAS Creswell and the Jervis Bay Range.
The chemicals have been found in both the Shoalhaven River and Currambene Creek, which leads into Jervis Bay, with the NSW Environmental Protection Agency [EPA] releasing precautionary dietary advice for five fish species in the river and six species in Currambene Creek.
The Wreck Bay Aboriginal community has launched a class action against the Department of Defence over contamination by the historic use of toxic firefighting foam.
The first hearing of the action was in the Federal Court in Sydney on February 12 by Justice Michael Lee.
The action, brought by Shine Lawyers on behalf of the Wreck Bay Aboriginal Community Council alleges the substance, known as PFAS, leached into the soil and waterways, damaging culturally significant sites in Wreck Bay, negatively impacting the value of the land.
The action is claiming the loss in property value, inconvenience, stress and vexation and cultural loss, alleging the Commonwealth negligently allowed contaminants within the fire-fighting foam to escape from the HMAS Creswell and the Jervis Bay Range Facility bases.
Justice Lee has set down the next hearing date of Friday, June 4 and in the meantime ordered both parties to "begin discussions with a mediator".
Mr Kean's office said the NSW bans and limitations were part of a national process, with Commonwealth, state and territory environment ministers endorsing a PFAS National Environmental Management Plan in October 2019.
Statements issued as part of the national process included a National PFAS Position Statement published in May 2020, which said that: "All (Australian governments) agree that more effort should be focused on preventing further PFAS releases into the environment."
Mr Kean said the bans will be enforced under new, 2021, PFAS firefighting foam Regulations under the Protection of the Environment Operations Act of 1997.
He said the regulation banned "any PFAS firefighting foam for training and demonstration purposes" from March 1, 2021.
He said it "restrict(ed) the use of long-chain PFAS firefighting foam from September 2022; and, restrict(ed) the use and sale of PFAS firefighting foam in portable fire extinguishers from September 2022".
"We have already seen some businesses and government agencies voluntarily phase out PFAS foam in their products and practices," Mr Kean said.
"These changes will make the phase out mandatory across NSW, and are key steps to bringing NSW into line with Australia's National PFAS Position Statement."
The new regulations include banning the use of any PFAS firefighting foam for training and demonstration purposes, and restricting the use and sale of PFAS firefighting foam in portable fire extinguishers - also from September 2022.
Mr Kean's office said phased restrictions were already in force in South Australia and Queensland.
Mr Kean said there had been extensive consultation with emergency agencies and industry stakeholders, and the staged introduction over 18 months gave adequate time for systems and practices to be changed.
He said exemptions were available if a business had valid cause to continue the use of certain PFAS foams, and some exceptions applied.
According to the Regulation, the ban on the "discharge" of PFAS foams and extinguishers takes effect from September 26, 2022.
Exemptions can be granted if a fire is considered "catastrophic" or had "the potential to be catastrophic", or if the fire is on "a watercraft in state . . . or restricted waters".
The maximum penalty for using PFAS foam in training is 400 penalty units $44,000 at $110 per penalty unit) for a corporation and 200 units, or $22,000, for an individual.
Wordwide problems with PFAS have led to the development of alternative "fluorine-free firefighting foams".
The South Australian EPA says its ban began on January 30, 2018, with a two-year grace period to January 30 last year.
The story: PFAS foam banned from today in firefighting training first appeared in the Newcastle Herald.