Press Release - August 28, 2024

Dirty coal power keeps polluting, but community lands small wins

Despite community pressure, the New South Wales environmental watchdog has only marginally reduced the amount of toxic air-borne pollutants the state’s coal-fired power stations can emit.

Following a review, held every five years, the Environment Protection Authority (EPA) has released its variations to the four power station licenses for Vales Point, Bayswater, Eraring and Mount Piper. More than 100 submissions were made by community members and others to the EPA review last year, with the assistance of Environmental Justice Australia.

These new variations require the power stations to reduce mercury and cadmium levels only marginally, while leaving the levels for dangerous nitrogen oxides and sulfur dioxide, along with other dangerous chemicals, unchanged.

No changes were made to dangerous nitrogen oxide emissions, even though the owner of the Vales Point power station, Delta Electricity, has long been operating under an emergency exemption from pollution limits to nitrogen oxide under NSW’s clean air laws.

Environment Justice Australia lawyer Isabella Farrell-Hallegraeff says:

“The new limits for air pollutants are still far too high, despite sustained community pressure on the EPA to reduce them.”

“Much stricter limits are placed on coal-fired power stations in many other countries where technology is used to reduce pollutants and protect community health.”

“Community members are pleased to see the owners of these dirty power stations will now have to report annual greenhouse gas emissions. And making community engagement the status quo was what they called for. This is a positive step, but greater transparency of data and information is also needed for meaningful engagement with the operators."

Coal Ash Community Alliance member Kim Grierson says:

“Unfortunately, there’s no change in the chemicals operators can put into the water. So, this pollution can continue affecting our lake, shorebirds, fish and crabs. And, of course, people.”

“The European Union and China have far stricter pollution requirements. If those places can produce coal power and protect public health then why can't NSW?

“We feel the license requirements are generally far too timid and our people and our environment deserve better.”

Pressure pays off

In community submissions to the review, the EPA was asked to reduce air pollution limits, effectively manage coal ash dumps, and report on pollution levels in a way the community could understand.

Some of this pressure paid off. The new licence variations also mean the power station operators – Delta Electricity, Origin, AGL and Energy Australia – will now have to report greenhouse gas emissions annually.

Vales Point and Bayswater power stations will also have to establish formal committees where community members can raise concerns directly with operators. Previously, only Eraring and Mount Piper power stations had these committees, but they are now mandatory across the board.

Delta’s exemption will expire in October and the community wants the EPA to force Delta to comply with the law. Its exemption was granted in 2022, but it has been allowed to pollute higher levels of toxic nitrogen oxide for over a decade.

Fish kill

Air-borne toxic chemicals are not the only kind of pollution. Delta Electricity, operator of Vales Point Power Station, is back in court on Friday 19 July over allegations its pollution incident in 2022 killed thousands of fish and rays in Lake Macquarie.

Following its investigation after the fish kill, the NSW EPA says Delta allegedly breached a licence condition and could have prevented the fish kill if it had adequate equipment and processes in place. Trial dates are to be set on Friday. Delta is pleading not guilty to the breach. Read more about the prosecution here.