As of November 1, 2022, air, waste, and water applicants making certain types of changes to or applying for a new registration, permit, or activity are required to complete a Public Involvement Plan (PIP, or “the plan”) form (PIP Form TCEQ-20960) with their application to the Texas Commission on Environmental Quality (TCEQ). The new PIP form is intended to ensure meaningful public outreach for projects that meet all the following criteria:
- Requires public notice;
- Is considered to have significant public interest; and
- Is located in one of the subject geographical regions (Austin, Dallas-Fort Worth [DFW], Houston, San Antonio, West Texas, Texas Panhandle, Texas/Mexico border).[1]
The plan is intended to heighten TCEQ’s compliance with Title VI of the Civil Rights Act of 1964. By developing this plan, the TCEQ is addressing potential environmental justice (EJ) concerns in its review of applications. The plan assists regulated entities in navigating the public participation requirements associated with certain types of applications.
Current public notice requirements consist of publication in a newspaper, posting signage at the site, and placing in a public place a copy of the initial application, updates from the technical review process, and agency correspondence. If the project is in an area where the nearest elementary or middle school is required to have a bilingual program, the newspaper publication and signage must also be published/posted in an alternative language. The PIP adds to the existing public notice the following additional requirements:
- Plain language summary – This is already required for all New Source Review air permit applications deemed administratively complete on or after May 1, 2022. If the project requires alternative language public notice, the plain language summary must also be translated into the alternative language.
- Community and demographic information – Use the United States Environmental Protection Agency’s EJSCREEN tool, U.S. Census information, or other demographic tools to compile information on categories such as education, income, race, and language.
- Planned public outreach activities – This could include a public meeting, such as an informational meeting, public hearing (not a contested case hearing), or notice and comment hearing. Depending on the attendees’ requests, a translator may need to be provided.
By completing the PIP form, it aligns both the applicant and agency’s expectations for public involvement during the review of an application. For programs such as air permitting that may require a permit to be issued prior to the start of construction, unanticipated delays due to public interest significantly delay your project. Planning early for public involvement can help you complete your project successfully and on schedule.
How EDGE Can Assist
EDGE has extensive experience preparing complex permit applications and addressing EJ issues in the geographical locations affected by this new requirement, as well as strong, trusted agency relationships. If you have questions or need assistance on how to complete the TCEQ’s PIP form, comply with the PIP requirements, gather community and demographic information, or public outreach, please contact EDGE today.
[1] Geographical areas are defined as follows:
- Austin = Austin – Round Rock – Georgetown Metropolitan Statistical Area (MSA)
- DFW = Dallas – Fort Worth MSA
- Houston = Houston – The Woodlands MSA
- San Antonio = San Antonio – New Braunfels – Pearsall MSA
- West Texas = Midland – Odessa MSA and San Angelo MSA
- Texas Panhandle = Amarillo – Pampa – Borger MSA
- Texas/Mexico Border = All counties along the Texas/Mexico border
Acronyms: (order as it appears in text)
PIP: Public Involvement Plan
TCEQ: Texas Commission on Environmental Quality
DFW: Dallas-Fort Worth
MSA: Metropolitan Statistical Area
EJ: Environmental Justice