Question On Notice No. 461 asked in the Legislative Council on 31 October 2017 by Hon Robin Chapple
Question Directed to the: Minister for Environment
Parliament: 40 Session: 1
Question
(1) When will Cockburn Cement Ltd complete the transition from burning coal to burning natural gas exclusively for its processes at its premises in Russell Road, Munster?
(2) If Cockburn Cement Ltd has not yet begun transitioning towards eliminating the storage and burning of coal at its premises in Munster, has the Minister or his Government made a decision to impose a mandatory requirement on this company to commence and complete the transition to burning natural gas exclusively within a specified time?
(3) If yes to (2), what is the timeframe?
(4) If no to (2), why not?
(5) Has the Minister revoked the direction made under section 36(1)(b) of the Environmental Protection Act 1986, gazetted on 16 November 2010, which directed the Environmental Protection Agency not to review the Environmental Protection (Kwinana) (Atmospheric Wastes) Policy 1999?
(6) If yes to (5), what is the timeframe?
(7) If no to (5), why not?
(8) Has the Minister directed the Environmental Protection Agency to undertake a review of the Environmental Protection (Kwinana) (Atmospheric Wastes) Policy 1999 insofar as it applies to the premises in Munster operated by Cockburn Cement Ltd?
(9) If no to (8), why not?
(10) If yes to (8), what is the timeframe for the review and reporting of the review?
(11) If yes to (8), will the review be made publicly available and, if so, where will it be published?
(12) If no to (11), why not?
(13) Does the Minister or his department have information that groundwater extracted by Cockburn Cement Ltd at its premises in Munster contains sulphur and/or sulphur compounds and, if so:
(a) what sulphur compounds are present;
(b) what is the range of concentrations of sulphur compounds present at each extraction point;
(c) what other naturally occurring and introduced impurities are present at each extraction point; and
(d) what is the range of concentrations of each of those other impurities from each extraction point?
(14) Do the existing conditions or any proposed new conditions on the licence, granted by the Minister’s department to Cockburn Cement Ltd to operate its Munster premises, contain a requirement to remove sulphur or sulphur compounds from groundwater it extracts at this site?
(15) If no to (14), why not?
(16) Do the existing and any proposed conditions on the licence, granted by the Minister’s department to Cockburn Cement Ltd to operate its Munster premises, contain a requirement to remove impurities, other than sulphur and sulphur compounds, from groundwater it extracts at the site?
(17) If no to (16), why not?
(18) Will the Minister provide a list of how many megalitres of groundwater were extracted for use at the Munster premises operated by Cockburn Cement Ltd in each of the calendar years 2010 up to and including 2016?
(19) If no to (18), why not?
(20) Has the Minister, pursuant to section 37A of the Environmental Protection Act 1986, declared that the National Environmental Protection Measures be an approved policy or does he intend to do so?
(21) If yes to (20), what is the timeframe?
(22) If no to (20), why not?
(23) If the Minister and his Government do not intend to implement the National Environmental Protection Measures in Western Australia, what air pollution standards will his Government adopt in respect of residential areas in Perth?
(24) Does the Minister and his Government intend to impose the same maximum limits on toxic gas and particulate emissions from the Munster premises operated by Cockburn Cement Ltd as those prescribed in the National Environmental Protection Measures?
(25) If yes to (24), what is the timeframe?
(26) If no to (24), why not?
(27) If Cockburn Cement Ltd does not presently comply with the National Environmental Protection Measures in relation to toxic gas and particulate emissions from its Munster premises, what additional pollution control technologies and practices could be mandated by Government to ensure this company complies with world’s best practice in reducing its emission of such toxic gases and particulates?
Answered on 6 December 2017
The Department of Water and Environmental Regulation conducted a risk-based review of Cockburn Cement Ltd’s Munster operations in 2016 and granted an amended licence on 9 December 2016. Conditions of the amended licence L4533/1967/16 are currently under appeal. As I will be determining the appeals, it is not appropriate for me to comment on matters relating to those appeals.
(1-4) There is no current requirement from government for Cockburn Cement Ltd’s Munster operations to transition to exclusively burning gas and I am not aware of such a proposal from Cockburn Cement Ltd.
As I am responsible for determining the appeals on licence conditions for the Cockburn Cement Ltd premises at Munster, it is not appropriate for me to comment further.
(5) No
(6) Not applicable
(7) The direction expired on 16 November 2017.
(8) No
(9) I am expecting to receive advice from the DWER in the near future in relation to several environmental protection policies, including the Environmental Protection (Kwinana) (Atmospheric Wastes) Policy 1999.
I also understand that further monitoring programs will be undertaken as a result of the advice provided under section 16e of the Environmental Protection Act 1986 (EP Act) titled “Consideration of the potential health and amenity impacts of dust in determining the size of a buffer for urban development in the Mandogalup area”.
Before I consider asking the Environmental Protection Authority to review the policy, I will await the advice from the DWER. I will also ensure the timing of any review allows for the incorporation of the results of the monitoring programs.
(10-12) Not applicable.
(13-17) The DWER does not monitor groundwater quality at the water extraction points. Various monitoring bores provide the Department with the information on which it bases its decision-making at Cockburn Cement’s Munster premises.
As I am responsible for determining the appeals on these licence conditions, it is not appropriate for me to comment further.
(18) The volume of water taken from the Munster premises operated by Cockburn Cement in each year from 2010 to 2016 is:
2010 – 4 373 mega litres (ML)
2011 – 3 622 ML
2012 – 3 616 ML
2013 – 4 073 ML
2014 – 4 123 ML
2015 – 3 570 ML
2016 – 3 592 ML
(19) Not applicable
(20) No
(21) Not applicable
(22) Section 7 of the National Environment Protection Council (WA) Act 1996 (NEPC Act) provides that the State of Western Australia will, in compliance with its obligations under the Intergovernmental Agreement on the Environment, ‘implement, by such laws and other arrangements as are necessary, each national environment protection measure in respect of activities that are subject to State law (including activities of the State and its instrumentalities)’.
In Western Australia, National Environment Protection Measures are implemented by the DWER under the NEPC Act and the relevant State legislation as necessary.
(23) The National Environment Protection (Ambient Air Quality) Measure and National Environment Protection (Air Toxics) Measure contains standards for reporting of cumulative ambient air quality within an airshed, not regulatory standards intended to apply to individual industry premises. Jurisdictions, including Western Australia, use these standards to inform regulation and to guide policy development. Emissions from prescribed premises are regulated under the EP Act.
(24-27) As I am responsible for determining the appeals on licence conditions for the Cockburn Cement Ltd premises at Munster, it is not appropriate for me to comment further.