Port Kembla Coal Terminal had failed to meet its obligations to minimise fine coal dust on train wagons while they were being unloaded, an Environment Protection Authority audit of the operation found earlier this year.
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But the coal terminal has challenged the authority of the EPA's findings, saying it will instead be guided by a NSW Minerals Council study.
The NSW EPA has released the results of audits of coal loading and unloading facilities, finding 26 cases where operators failed to meet licence conditions.
The Port Kembla audit, undertaken on May 31, found trains were taking on fine coal dust on the outside of wagons, after unloading coal and preparing to make the return trip.
The fine dust has been identified as a significant cause of emissions from coal trains, many of which pass through residential areas.
The type of incident was classed by the EPA's audit as little likelihood of environmental harm occurring, and having a low level of environmental impact if it did occur.
In response to the audit, the EPA has not levelled any penalties and instead says it is helping the coal terminal develop an action program, to be implemented by March next year.
But PKCT has openly rejected the EPA's authority, refusing to accept the ruling of non-compliance, and shrugging off the action plan order.
In its response to the audit, from acting general manager Mark Beale, PKCT says it will be guided by an industry-funded study facilitated by the NSW Minerals Council.
"Any actions to be undertaken will be subject to the outcomes of the study referenced herein and the work being undertaken locally with our rail shippers and rail transport provider i.e. Pacific National," he wrote.
The PKCT response goes on to say the non-compliances were incorrect conclusions and should be removed from the record.
PKCT told the EPA it had hopper bin sprays set up to wash away dust. But it said these sprays were not being used at the time of the audit inspection because they were not required.
When contacted by the Mercury, Mr Beale declined to comment, saying he was not authorised to do so.
By refusing to accept the audit findings, the coal terminal appears to be implying the EPA should be dealing with the Minerals Council, the powerful mining industry lobby group.
It referred the EPA to a Minerals Council director, who has recently been representing the coal industry at a parliamentary inquiry into the EPA's performance.
At the same inquiry, the EPA told the hearing dust levels rose by about 10 per cent when a coal train went past.
PKCT said it was not convinced that evidence as to the risk from coal dust emissions from other areas had "applicability to Wollongong".