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Questions or Comments: chiefclk@tceq.texas.gov

Title VI Compliance at TCEQ

Engaging Texans through public participation and language access and to meet Title VI requirements. Information on non-discrimination requirements for participation in programs and processes, how to report concerns, request accommodations, and be involved in decision making.

At the heart of TCEQ’s mission is the goal of protecting public health for all Texans. To accomplish this goal, we strive to ensure that all Texans can participate meaningfully in TCEQ programs and activities. TCEQ aims to work with communities to provide access to decision-making processes and a healthy environment in which to live, learn, and work.

We do not allow discrimination on the basis of race, color, national origin, sex, disability, age, sexual orientation, veteran status, or retaliation in the administration of our programs or activities, consistent with state and federal law.

TCEQ carries out the federally mandated responsibilities to enforce several civil rights laws which, together, prohibit discrimination on the basis of: race, color, or national origin (including on the basis of limited English proficiency); sex; disability; and age by applicants for and recipients of federal financial assistance from EPA. (Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, respectively). TCEQ is also responsible for enforcing Section 13 of the Federal Water Pollution Control Act Amendments of 1972 which prohibits discrimination based on sex under programs or activities receiving financial assistance in the Clean Water Act.

The regulations of Title 40, Code of Federal Regulations (40 CFR), Part 5 and 40 CFR Part 7 , which implement the above-mentioned laws, apply not only to intentional discrimination but also to policies and practices that have a discriminatory effect.

Title VI of the Civil Rights Act of 1964 - As a recipient of federal funding, TCEQ must follow Title VI of the Civil Rights Act of 1964 , which prohibits discrimination on the basis of race, color, or national origin in all federally assisted programs. Title VI states: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 42 USC s. 2000d.

Section 504 of the Rehabilitation Act of 1973 - As a recipient of federal funding, TCEQ must follow Section 504 of the Rehabilitation Act of 1973 , which prohibits discrimination against qualified individuals on the basis of their disability. Section 504 states: “No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.” 29 USC s. 794.

The Age Discrimination Act of 1975 - As a recipient of federal funding, TCEQ must follow The Age Discrimination Act of 1975 , which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The statute states: “Pursuant to regulations prescribed under section 6103 of this title, and except as provided by section 6103(b) of this title and section 6103(c) of this title, no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance.” 42 USC s. 6102.

Section 13 of the Federal Water Pollution Control Act of 1972 - As a recipient of federal funding under Section 13 of the Federal Water Pollution Control Act of 1972 , TCEQ must comply with 40 CFR s. 7.30, which states: “No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Act . . . .”

Title IX of the Education Amendments of 1972 - As a recipient of federal funding, TCEQ must follow Title IX of the Education Amendments of 1972 , which prohibits discrimination on the basis of sex in any federally funded education program or activity. Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance . . . .” 20 USC s. 1681.

Executive Order 12898 - On Feb. 11, 1994, President Clinton issued Executive Order 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” directing agencies that receive federal funding to focus attention on the environmental and human health conditions in minority and low-income communities.

Executive Order 13166 - On Aug. 11, 2000, President Clinton issued Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” requiring Federal agencies to examine the services they provide, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them. The Executive Order also requires that the Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.

TCEQ wants you to participate in decision making, including decision making on permits.

You can:

TCEQ provides help for members of the public wishing to participate.

If you need help you can do any of the following:

  • Contact the Public Education Program for information about pending TCEQ permits, the permitting process, and opportunities for public participation on permit applications.
  • Contact the Office of Public Interest Counsel for questions about the legal aspects of TCEQ’s rules, permitting procedures, contested case hearing procedures, and enforcement proceedings.
  • Contact Jim Fernandez at chiefclk@tceq.texas.gov or 512-239-2566 for support in obtaining language assistance, such as interpretation or translation services to participate in TCEQ public meetings and hearings on permitting applications.

TCEQ is committed to protecting the health of the people in Texas and is making a strong policy commitment to enhance public participation and language access for all Texans.

Additional efforts include:

Informal Resolution Agreement (IRA) between TCEQ and EPA – EPA accepted for investigation a complaint against TCEQ (Dec 4, 2019). The complaint alleged discrimination on the basis of national origin against individuals with limited English proficiency in the administration of TCEQ’s permitting and public engagement programs, in violation of Title VI of the Civil Rights Act of 1964 and EPA’s nondiscrimination regulation, at 40 C.F.R. Part 7. During the course of EPA’s investigation, TCEQ agreed to enter into an informal resolution agreement with EPA, which was signed Nov 3, 2020.

Virtual Stakeholder Meetings – TCEQ’s Amending Alternative Language Public Notice Requirements and Public Participation rulemaking project (pre-rulemaking proposal)

Virtual Public Hearings – TCEQ’s Amending Alternative Language Public Notice Requirements and Public Participation rulemaking project (post-rulemaking proposal)

Virtual Stakeholder Meetings – Meetings about public participation, air quality data, environmental complaints process, how to access TCEQ information relating to public emergencies, how to submit information to TCEQ, and how citizen collected evidence can be used.

Virtual Stakeholder Meeting – Meeting to solicit input from all stakeholders on implementation of the recently adopted Alternative Language Public Participation rule package. Virtual Stakeholder Meetings – Meetings soliciting the public’s input on TCEQ’s Disability Nondiscrimination, Public Participation, and Language Access Plans, which are part of TCEQ’s Informal Resolution Agreement with EPA.

Houston-area Stakeholder Meetings – Nov. 1 and Nov. 2, 2022.

TCEQ held two in-person community meetings in the greater Houston area. These meetings included the following topics:
  • TCEQ’s permitting process and opportunities for public involvement.
  • How to access and interpret air quality data.
  • TCEQ’s environmental complaints process for members of the public, including how to contact TCEQ, what information must be provided, how the agency responds to complaints, and how to follow the status of a complaint after it is made.
  • How to access TCEQ information relating to public emergencies.
  • How the public may submit information to TCEQ.
  • How TCEQ uses evidence collected by the public in enforcement.
The in-person community meetings were held Nov. 1 and 2, 2022. Each meeting included an opportunity to examine TCEQ mobile air quality monitoring equipment, to “Ask an Expert” questions, and to participate in formal presentations on the above topics.

The Disability Nondiscrimination Plan covers TCEQ’s policy that no individual with a disability, who is qualified to participate within the specified TCEQ process, will be denied access to or participation in any program, service, or activity offered.

Disability Nondiscrimination Plan (GI-609)

The Public Participation Plan covers TCEQ’s expectations for meaningful public involvement, which means ensuring Texans are notified, understand the proposed decision, and have an opportunity to provide input and ask questions before TCEQ action.

TCEQ's Public Participation Plan (GI-607)

Public Involvement Plan (PIP) form (TCEQ-20960) for permit applicants and form instructions.

The Language Access Plan establishes agency guidance to provide limited English proficiency (LEP) individuals reasonable access to TCEQ programs, activities, and services in a timely and reasonable manner.

TCEQ's Language Access Plan (GI-608)

If you believe you have experienced discrimination in the administration of TCEQ’s programs or activities, please direct all complaints through any of the following avenues:

Mail:
Jim Fernandez, Nondiscrimination Coordinator
Environmental Justice (MC 105)
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, TX 78711-3087
Email: chiefclk@tceq.texas.gov
Fax: 512-239-3311

Please direct questions to 512-239-2566.

The more specific you are in your allegations, the more it helps us in evaluating your concern.

TCEQ Grievance Procedure Policy (GI-610)

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