28 July 2020

Mandana Mazaheri Planning Officer Planning & Assessment | Department of Planning, Industry and Environment 4 Parramatta Square 12 Darcy Street PARRAMATTA NSW 2150

Email: www.dpie.nsw.gov.au

Shellharbour City Council Submission – Tallawarra B (MP07_0124-Mod-2)

Dear Mandana

Thank you for the opportunity to comment on the proposed modification to the Tallawarra B application (MP07_0124-Mod-2). This submission has been prepared by Council staff. Time constraints did not allow the submission to be endorsed by the full Council. Notwithstanding. Shellharbour City Council (Council) acknowledges and is grateful for the extension of time granted by the Department to prepare and lodge this submission.

Council has consistently collaborated with the applicant, CASA and the Department of Planning, Industry and Environment (your Department) to ensure the proposed Open Cycle Gas Turbine is compatible with the operations, the health of Lake and the visual amenity of those areas within the city that look across the Lake to the subject land.

It is understood that the Modification Application is seeking approval to extend the Project Approval lapse date by two years and amend the description of the proposal in condition 1.5 so that a single open cycle gas turbine may be used for the power plant.

Having reviewed and carefully assessed the information accompanying the application Council has identified a number of matters of concern. These matters are discussed in detail below.

Request to extend the Project Approval lapse date by two years:

On 14 May 2020, s4.53 of the EPA Act was amended to provide that if a development consent commenced operation before 25 March 2020 and has not lapsed, it will now lapse 2 years after the date on which it would otherwise have lapsed. Clause 4.53(1)(c) now reads:

4.53 Lapsing of consent (1) A development consent lapses— (c) 2 years after the date on which the development consent would otherwise have lapsed if the development consent commenced operation before, and has not lapsed at, the commencement of the prescribed period.

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Department of Planning, Industry and Environment Shellharbour City Council Submission – Tallawarra B (MP07_0124-Mod-2) ______

(8) In this section— prescribed period means the period commencing on 25 March 2020 and ending on 25 March 2022.

Given that the original consent was issued on December 2010 and was not due to lapse until December 2020 Clause 4.25(1)(a) is applicable and the approval will subsequently now lapse December 2022.

Council is of the opinion that the change in legislation therefore removes the need to request the extension to the consent as part of this application (MOD 2).

Request to amend the description of condition of approval 1.5 so that a single open cycle gas turbine may be used for the power plant:

It is considered inadequate information has been provided with the current application to determine the impact of the proposed single unit and the ability of the proposed single unit to be able to satisfy the existing conditions of the consent which are proposed to remain unchanged.

In this regard, Council is concerned that the Modification 2 Environmental Assessment document states that the existing condition 1.6 has now been satisfied and requires no further assessment as part of this modification. Council’s understanding is that the applicant has recently received confirmation from your Department that condition 1.6 may be satisfied subject to a number of additional conditions. As these additional conditions remain outstanding and subject to further approvals, Council is of the opinion that the proposed modification must be expanded to also amend condition 1.6 to include these additional conditions.

Therefore, it is recommended that condition 1.6 be amended to read:

1.6 Nothing in this approval permits the construction and operation of an open cycle gas turbine plant, unless the Proponent has submitted a report to the Secretary which demonstrates that operation of an open cycle gas turbine plant will not have an adverse impact on aviation safety. In this regard

a) Prior to construction, the applicant must provide a report to the satisfaction of the Planning Secretary, confirming that the final design of the OCGT would meet a CPV of no more than 6.1 metres/second at or below 700 feet AMSL;

b) Prior to operation of the plant, the applicant must provide a report to the satisfaction of the Planning Secretary confirming that all the mitigation measures and the inclusion of a plume symbol on aeronautical charts have been or would be implemented (noting that some measures can only be implemented after operations have commenced), as listed in Section 10 of the final aviation impact assessment report dated 13 February 2020.

The current application is seeking the permissibility to construct a single open cycle turbine in place of the two or three originally proposed in 2010. The modification assessment reports compare the impacts of a single turbine and stack compared to the two or three originally proposed as if the proposed single plant is the same specifications as the previously nominated two or three. Council does not consider this to be appropriate as the single plant now proposed is substantially different in order to be able to satisfy the additional conditions discussed above.

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Department of Planning, Industry and Environment Shellharbour City Council Submission – Tallawarra B (MP07_0124-Mod-2) ______

In this regard, the current application assessment report states:

The modified Project would require a single exhaust stack. The single stack would be up to 50m high and would incorporate a plume dispersion device. The plume dispersion device satisfies the requirements of condition of approval 1.6. The plume dispersion device will be an integral part of the exhaust stack and its design would include a number of outlets, angled away from the vertical and each other. Preliminary design indicates that the plume dispersion device would widen from about 7m in diameter at its base to about 20m at the exit for the range of gas turbines being considered for the Project.

Following a review of all of the documentation accompanying the application it appears that there are no details or specifications of the proposed plume dispersion device, the stack or the proposed single open cycle gas turbine development in its entirety.

Council is of the opinion that these details are required to enable an adequate assessment of the proposal and its ability to satisfy all existing conditions relating to Visual Impact, Air Quality, and Noise Impact. For these reasons, Council recommends that the determination of the application be deferred and the applicant be requested to submit details and specifications, including a photomontage of the actual proposed single open cycle gas turbine plant including the proposed stack and plume dispersion device.

Council recently met with representatives of Energy Australia to discuss the proposed modification application in order to gain a better understanding of the proposed development. That meeting reinforced a desire from both Council and Energy Australia to collaborate and ensure the best possible outcomes for the ongoing provision of power in NSW, Shellharbour Airport operators and customers as well as the Shellharbour community generally.

During that meeting, Energy Australia indicated that it was likely to be in a position to provide the final detailed design and specifications of the proposed development to the DPIE for consideration and assessment in August and that these documents are likely to form part of their response to submissions.

During the discussions, it was also agreed that a final report including the required plume impact mitigation measures may also be submitted at that time. This report would outline those mitigation measures specified within the Final Aviation Impact Assessment dated 13 February 2020 as well as a proposed implementation plan for the proposed measures, including, education, adding to electronic flight bags and charts, warning messaging etc.

Another consideration discussed at the meeting was the experimental nature of the proposed plume dispersion device and the importance of ensuring that it adequately achieves its intended function. The current consent contains condition 7.4, which requires the submission of an Operation Management Plan to ensure that the plant maintains compliance with the environmental perimeters of the approval.

Council considers it appropriate that condition 7.4 also be amended to include the additional conditions recommended for inclusion into condition 1.6. This will ensure that the proposed development will be required to physically demonstrate compliance with the aeronautical safety requirements and plume limitations.

Council would like to work with your Department and Energy Australia during the consideration and assessment of this application to ensure that the best possible outcomes are achieved.

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Department of Planning, Industry and Environment Shellharbour City Council Submission – Tallawarra B (MP07_0124-Mod-2) ______

In light of the matters of concern raised in this submission, Council is unable to support the application in its current form.

Should you require further information or clarification of these issues please contact Council's Senior Strategic Planner, Cheryl Lappin on (02) 4221 6128.

Yours sincerely

Carey McIntyre General Manager

DOC20/559324-7

Ms Mandana Mazaheri Department of Planning and Environment GPO Box 39 SYDNEY NSW 2001

Email: [email protected]

Dear Madam,

Tallawarra Stage B Modification Application (07_0124) – Comments on Modification Report

I refer to your email of 9 July 2020 to the NSW Environment Protection Authority (EPA) inviting comments on the Modification Report for the above application. As you are aware, EPA provided comments on the scoping document for this proposal (our reference DOC20/344103) seeking additional information in the Modification Report on noise impacts, air emissions and sewage management. The EPA has reviewed the Modification Report and supporting appendices and provides the following comments.

In developing these comments and recommended conditions, EPA has considered the Proponent’s requested amendments against the 2010 Project Approval as well the changes to the surrounding environment, power station best achievable control technology, and environmental assessment criteria (air and noise), since the initial approval. EPA comments are provided in Attachment 1 and Recommended Conditions of Approval are listed in Attachment 2.

Requested Modifications EPA has no objection to the Proponent’s requested amendments to Project Approval conditions 1.4 and 1.5 which relate to an extension of time on the approval lapsing and the configuration of the development respectively. The Proponent has stated one single 400 MW OCGT unit best meets the project objectives and EPA recommends any amended approval condition should match this option.

Noise New Noise Policy for Industry (NPfI) Assessment Guidelines - EPA considers that the Noise and Vibration Impact Assessment (NVIA) for the proposed OCGT station has been undertaken in accordance with the updated EPA NPfI and adequately addressed the EPA’s scoping report comments. The references to the EPA Industrial Noise Policy should be updated to the NPfI.

Noise Limits - The NVIA states that the combined predicted noise levels from the proposed Tallawarra B power station and existing Tallawarra A operations are able to comply with the noise limits in the current Project Approval (S07/01422) and EPA believes these limits should be retained in any modified approval.

Land Use Conflict - EPA believes all feasible and reasonable noise mitigation measures should be designed and installed in the new power station. There is a significant potential land use conflict between 2 operational power stations and the approved 1,010 residential lots (increasing to 1,480 Phone 131 555 TTY 133 677, then Locked Bag 5022 4 Parramatta Square [email protected] Phone 02 9995 5555 ask for 131 155 PARRAMATTA 12 Darcy Street www.epa.nsw.gov.au (from outside NSW) NSW 2124 PARRAMATTA NSW ABN 43 692 285 758 2150 lots) at the adjacent Tallawarra Lands development. This includes the 570 lots proposed in the Northern Precinct in close proximity to Tallawarra B. Thus, the EPA recommends the mitigation measures listed in Section 10 of the NVIA (gas supply system and gas turbine bypass valve silencers) be installed on the proposed OCGT. While modelling indicates compliance with approved noise limits, disturbance to residents is possible through routine power station operations, particularly start-ups. The OCGT operational model incorporates frequent starts and stops. Furthermore, silencer design and installation on the new power station is likely more cost effective than post commissioning modifications. To minimise noise, EPA recommends these components be conditioned on any approval.

Air Air emissions modelling of NOx, particulates, and ozone was undertaken in accordance with EPA guidelines. No exceedance of relevant impact assessment criteria were predicted.

The Best Available Control Technology (BACT) assessment in the scoping review identified the implementation of dry low NOx burners to reduce NOx emissions, as well as the potential implementation of selective catalytic reduction (SCR) and selective non-catalytic reduction technologies (SNCR). The implementation of SCR can reduce NOx emissions to less than 10 ppm (and often less than 5 ppm).

However, the assessment concluded SCR and SNCR were not feasible due to elevated exhaust gas temperatures that would require additional infrastructure, including alternative catalysts. The assessment did not consider BACT for aeroderivative gas turbines, which operate at lower exhaust temperatures and may therefore facilitate the implementation of SCR and SNCR control technologies.

In consideration of Approval Condition 3.25 which limits NOx emissions from both power stations to 900 tonnes per annum and modelling predicts cumulative NOx impacts are at most, 70% of the impact assessment criterion, EPA considers the proposed NOx controls and emissions are acceptable for the proposed development.

Nevertheless, given that the selection of the turbine design could prohibit the implementation of technologies such as SCR, the proponent should give thorough consideration to the configuration of the final plant and equipment. EPA would need to carefully consider any future modification to increase NOx emissions where the implementation of BACT is not possible.

The proposal no longer incorporates the use of diesel fuel. EPA recommends the option to use diesel be removed from the approval in accordance with the Proponent’s design and the air assessment included in the Modification Report

Sewage Management The Modification report states that sewage is managed through the on-site biological treatment and land application system. During routine operations the system has capacity for the 35 personnel anticipated to work at both power stations. During construction and major maintenance periods, the capacity of the system would be exceeded and the Proponent proposes temporary pump out facilities be provided at these times.

EPA believes the on-site system adequately manages sewage. At the same time, the Proponent should consider more comprehensive and lower risk management options in the sensitive catchment as they become available. Therefore, EPA suggests the Proponent connect to the networked sewage system once it is installed for the Tallawarra Lands development.

The EPA is available to meet with Planning and the Proponent to discuss these matters, if required.

Should you require any further information please contact Greg Newman on (02) 4224 4100.

Yours sincerely

GISELLE HOWARD 29/7/2020 Director Regulatory Operations Metropolitan - South

Attachment: 1. EPA Recommendations. 2. EPA Recommended Approval Conditions

Attachment 1: EPA Recommendations

General EPA recommends any amendment to Approval Condition 1.5 should match the power station option identified and assessed by the Proponent. That is one single 400 MW OCGT unit.

EPA recommends that be the only fuel approved for use in the Open Cycle Gas Turbine. (This is listed in the recommended conditions in Attachment 2).

Noise EPA recommends that the existing Project Approval noise limits are applicable to the proposed modification and should be retained.

EPA recommends the Project Approval references to the EPA Industrial Noise Policy be updated to the equivalent sections of the new Noise Policy for Industry document.

To minimise noise emissions, EPA recommends that gas supply system and gas turbine bypass valve silencers be conditioned on the new power station.

Sewage EPA recommends the Proponent commit to connect to a networked sewage system when it is installed for the adjacent Tallawarra Lands development.

Attachment 2: EPA Recommended Conditions of Approval

General Operating Conditions Natural gas is the only fuel approved for use in the Open Cycle Gas Turbine; Monitoring

Monitoring/discharge points - (Replacing Table 7 in the Approval)

The following points referred to in the table below are identified for the purposes of monitoring and/or setting of limits for the emission of pollutants to the air from the point.

EPA Type of Monitoring Type of Description of Location Identificati Point Discharge Point on no. 1 Air emissions Discharge to Air

Concentration Limits (Replacing Table 8 in the Approval) For each monitoring/discharge point specified in the table below, the concentration of a pollutant discharged at that point, must not exceed the concentration limits specified for that pollutant in the table.

POINT 1 Pollutant Unit of 100 percentile Reference Averaging measure limit Conditions Period Nitrogen dioxide mg/m3 50 Dry, 273K, 1 hour averaging (NO2) or nitric 101.3kPa, 15% period oxide (NO) or O2 both, as NO2 equivalent

Monitoring and Recording Conditions (Replacing Table 10 in the Approval) For each monitoring/discharge point specified below, the licensee must monitor (by sampling and obtaining results by analysis) the concentration of each pollutant specified in Column 1. Monitoring must be undertaken during maximum load. The licensee must use the sampling method, units of measure, and sample at the frequency, specified opposite in the other columns: POINT 1 Pollutant Units of Frequency Sampling Method measure 3 Nitrogen dioxide (NO2) mg/m Continuous CEM-2 and US EPA or nitric oxide (NO) or Procedure 1 both, as NO2 equivalent Moisture % Continuous Special Method 1 and US EPA Procedure 1 Oxygen % Continuous CEM-3 and US EPA Procedure 1 Temperature °C Continuous TM-2 and US EPA Procedure 1 Velocity m/s Continuous CEM-6 and US EPA Procedure 1 Volumetric flow rate m3/s Continuous CEM-6 and US EPA Procedure 1 Selection of sampling - - TM-1 positions For the purpose of the Table above, Special Method 1 means any moisture monitoring method approved in writing by the EPA, and USEPA Procedure 1.

Air Quality Performance Verification (To replace Condition 4.8 of the Approval) Within six months of the commencement of operation of the Tallawarra B Power Station, or as otherwise agreed by the EPA, and during period in which the Power Station is operating under both maximum design loads and normal operating conditions, the Proponent shall undertake a program to confirm the air emission performance of the Power Station. The program shall include, but not necessarily be limited to: a) Point source emission sampling and analysis subject to the requirements listed under condition 4.7 to determine compliance with the stack discharge concentration limits identified in condition 3.24; b) A comprehensive air quality impact assessment, using actual air emission data collected under a). The assessment shall be undertaken strictly in accordance with the methods outlined in Approved Methods and Guidance for the Modelling and Assessment of Air Pollutants in (EPA, 2017); c) A comparison of the results of the air quality impact assessment required under b) above, and the predicted air quality impacts detailed in the Air Quality Assessment, Tallawarra B Permit Modification: Air Quality Assessment, Energy Australia, Katestone, June 2020 d) A comparison of the results of the air quality impact assessment required under b) above, and the impact assessment criteria detailed in Approved Methods and Guidance for the Modelling and Assessment of Air Pollutants in New South Wales (EPA, 2017); e) Details of any entries in the Complaints Register (Condition 6.3) relating to air quality impacts.

A report providing the results of the program shall be submitted to EPA within 28 days of completion of the testing program required under a) for both operating scenarios.

(To replace Condition 4.9 of the Approval) In the event that results of the air dispersion modelling indicates that the operation of the Tallawarra B Power Station, under maximum design loads or normal operating conditions, will lead to: a) greater point source emissions of air pollutants than permitted under Condition 3.24 of this approval; or b) greater ground-level concentrations of air pollutants than the impact assessment criteria detailed in Approved Methods for the Modelling and Assessment of Air Pollutants in New South Wales (EPA 2017); then the Proponent shall provide details of remedial measures to be implemented to reduce point source emissions and/ or ground-level concentrations of air pollutants to no greater than permitted under this approval. Details of the remedial measures and a timetable for implementation shall be submitted to the EPA for approval within such period as the EPA may require.

016  NSW Department of Planning, Industry & Environment GPO BOX 39 APPLICATION MP-2007/124/B SYDNEY NSW 2001 Date 22 July 2020

Dear Sir/Madam

Construction and operation of a gas turbine power station with a nominal capacity of up to 300- 450 megawatts (MW) and ancillary infrastructure and utilisation of existing infrastructure. Development Modification B - Extension of Project Approval lapse date and allow up to 3 gas turbines to be constructed requiring amendment to condition 1.5 of the project approval Location Lot 109 DP 1050302, Lot 500 DP 1129361, Lot 501 DP 1129361

Thank you for providing Council with the opportunity to comment on the proposed modification to the above major project. Council recognises the regional significance of the Tallawarra Power Station operations.

Council generally supports the expansion of the Tallawarra Power Station through the Tallawarra B project and has no objection to the modification request to extend the lapse date of the project approval from 21 December 2020 to 21 December 2022.

Council has not carried out a detailed review of the Noise and Vibration Impact Assessment and Air Quality Impact Assessment provided with the submission, noting the prior targeted consultation held with the relevant State agencies with respect to these matters. In this regard, Council considers that comments should be sought from the NSW EPA in relation to noise, vibration, air quality and wastewater disposal issues associated with the proposed development and its modification.

Please do not hesitate to contact Nicole Ashton, Senior Development Project Officer on (02) 4227 7111 should you wish to discuss this response further.

This letter is authorised by

John Wood City Wide Development Manager Wollongong City Council Telephone (02) 4227 7111

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