THE NSW Environment Protection Authority is under pressure to release reports on toxic pollution from Vales Point Power Station.
The EPA granted Delta Electricity an exemption from pollution limits until October 2024.
Delta was required to produce two reports on nitrogen oxides and sulphur dioxide emissions as part of the decision.
The reports explore the feasibility of installing best-practice pollution reduction technologies at the Vales Point Power Station, similar to those required in the European Union, China and the United States.
The NSW Nature Conservation Council initially sought the reports via a Government Information (Public Access) application in March.
The application was refused on the basis that releasing the material would result in public scrutiny and media pressure, which may interfere with the EPA's ability to make an independent decision on the regulation of toxic pollution from Vales Point.
The Information Commissioner recommended the EPA review its decision, but not that it release the material.
Environmental Justice Australia, acting for the Nature Conservation Council of NSW, has lodged an application with the NSW Civil and Administrative Tribunal (NCAT) seeking access to the reports.
"This power station is pumping out pollution that makes people sick. It's ridiculous that Vales Point is the only power station in the state that is exempt from NSW clean air laws," Nature Conservation Council chief executive Jacqui Mumford said.
"The report we are seeking could hold useful information to limit impacts on the community, which is why it needs to be released. It is also really important for our democracy that the community surrounding the power station have access to this kind of information that directly impacts their lives."
The EPA has until January 8 to respond to the Information Commissioner's recommendation to release the information. However, it is expected a response could be made as early as next week.
"When the GIPA application was made, the EPA's technical advice team was reviewing the reports which would help inform future EPA actions relating to Vales Point Power Station," An EPA spokesman said.
"To preserve that decision making process, we decided against releasing the reports until the review had been completed.
"Now that review has been completed, we will be making a new decision about the GIPA application as recommended by the NSW Information & Privacy Commission."
Environmental Justice Australia Lawyer Jocelyn McGarity said releasing the reports was in the public interest.
"The fact that our client has to use lawyers for 10 months now to try to bring this information to light indicates there's a real problem with the EPA's transparency culture," she said.
"The EPA has also chosen to wait until the start of the Christmas holidays to announce its decision - which is after our client's review rights expire."
