Regulators

IOBCWA routinely requests information and submits comments to regulatory agencies, such as the Texas Commission on Environmental Quality (TCEQ), the U.S. Army Corps of Engineers (USACE), Federal Energy Regulatory Commission (FERC), and the U.S. Department of Energy. This page is dedicated to sharing information that we learn about how these regulating bodies work, as we believe it is in the public interest to know. Throughout our site (such as on the Industrial Projects, Calls-To-Action, and Science pages) you will find links to and copies of public information, including what we have received through Freedom of Information Act (FOIA) and Public Information Requests (PIR). The best example of this is the Optical Gas Imagery (OGI) page, where we're sharing both the videos that spawned complaints to TCEQ and the completed complaint investigations - as we get them.

TCEQ Public Information Requests (PIR)
We appreciate that TCEQ makes a great deal of information publically available and readily searchable right from their home page. However, sometimes the information we seek is not available on line. A recent example is a set of Complaint Investigation Reports stemming from complaints filed against numerous San Patricio County industrial sites on 3/1/22 that were identified in TCEQ's Complaint Tracker. It took months for the investigation reports to be finalized, and it is taking time to obtain the results in a cost-effective manner due to the way TCEQ processes public information requests. We hope our experience can help others who seek public information from TCEQ.

• TCEQ Policy and Proceedures for Public Information
• TCEQ charges for ALL efforts related to retrieving public information. You will be charged if those fees exceed $15, so request an estimate first if costs exceed $15.
• You may try to request "a waiver of all fees and charges pursuant to the Texas Public Information Act, Government Code 552.267, "Waiver or Reduction of Charge for Providing Copy of Public Information". However, IOBCWA was denied the waiver because TCEQ determined that "the public benefit of cost recovery likely outweighs the public interests mentioned in your request". 
• ​Search for the EXACT Registered Entity Number (RN) of the facility of interest. It might be good to keep a list of these.
• Search TCEQ Records Online for the records first. 
• If you have the right RN, submit an online Public Information Request (PIR).
• ONLY send an email to [email protected] if you CANNOT find the exact RN.
• To keep things simple for TCEQ and to keep costs down, only request records for ONE RN, ONE document type, and a SPECIFIC DATE PERIOD at a time. Try not to submit too many requests for the same RN on the same day.
• Keep track of your PIRs, communiciations with TCEQ, and resulting documents. 

U.S. Army Corps of Engineers (USACE) FOIA Requests
​Unlike TCEQ, USACE, at least the Galveston office that serves the Texas Coastal Bend, is not at all transparent. We have found no way to search for public information online. This means that getting public information REQUIRES the requestor to submit a Freedom of Information Act (FOIA) Request. 

• FOIA Request Process
• USACE charges for public information, but you may request a waiver. 
• Here is suggested verbiage for requesting a waiver of fees:
  On behalf of _____, I request that any fees associated with this request be waived as provided by the Freedom of Information Act, 5 U.S.C. § 552(a)(4)(A)(iii), which provides: 
  Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester. 
  Disclosure of the requested information will contribute significantly to the public understanding of the Corps’ operations and permitting process as well as of the potential impact of the proposed [insert description] facility. The request is not in the commercial interest of ____, a non-profit organization, nor will any financial benefit accrue to ____ from the possession or release of the requested information.
  Specifically, disclosure of the requested information will make clear how the Corps intends to analyze the impacts on wetlands, streams, other surface water resources and the environment caused by the ___ facility. ___ will distribute this requested information to the general public through a variety of means, recognizing that as a rural community, many are interested in receiving this information and rely on ___ and its members to provide it. By disseminating the requested information, ___ will thereby be expanding the public’s understanding of the proposed ___ project and of the role the Corps’ plays in issuing 404 permits. The requested information will further inform the public as they prepare comments on the ____ application for a 404 permit. 
  If the fee waiver is denied, I request that the Corps provide a cost estimate before completing this request.

U.S. Department of Energy FOIA Requests
We are just now starting to request information from other federal agencies like the Department of Energy. Similar to TCEQ and USACE, getting a fee waiver requires clarity about how the general public will benefit. 
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