EPA agrees to settle lawsuit over East Texas pollution plan

TATUM – The U.S. Environmental Protection Agency (EPA) agreed on Monday to settle a lawsuit with the Sierra Club after health concerns were raised in 2019 over possible exposure from a local power plant. According to our news partner KETK the Sierra Club, as part of their proposed settlement, the EPA must either approve a Texas plan to reduce sulfur dioxide pollution or reject it and issue a federal plan as required by the Clean Air Act no later than Dec. 31, 2024. The Sierra Club said they sued in February after the EPA failed to act by the statutory deadline after they were required to reject or approve a plan submitted by the Texas Commission on Environmental Equality (TCEQ).

“This settlement is the next step in a long process of getting EPA to bring Texas into compliance with the law,” Misti O’Quinn, senior field organizer for Sierra Club said. “The people of East Texas have been breathing Martin Lake’s pollution for far too long while Luminant and Vistra avoid installing effective pollution controls that are standard and TCEQ stacks the cards against ordinary people in favor of wealthy industry. A federal plan requiring the coal plant to clean up would level the playing field.”

“The Martin Lake coal plant in Tatum is the worst sulfur dioxide and mercury polluter in the entire United States,” the Sierra Club said in a release. “Rusk and Panola counties have been designated as being in ‘nonattainment’ for national air quality standards since 2017, due to their high levels of sulfur dioxide pollution, which largely comes from coal power plants and industrial facilities. TCEQ submitted an inadequate plan for Rusk and Panola counties in 2022.”
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The Sierra Club said they are urging the EPA to reject the TCEQ plan for the area, and issue a strong federal plan requiring reduced pollution coming from the Martin Lake coal plant.

Interested stakeholders are asked by the Sierra Club to submit comments on the proposed settlement by Aug. 16. Afterwards, the settlement will get final approval.

“Sierra Club expects to learn in early 2024 if EPA will reject the plan and issue its own federal plan or if it will approve the TCEQ plan,” officials said.