The EPA has delegated the authority to review and certify water quality certification requests to the Texas Commission on Environmental Quality (TCEQ
) and the Texas Railroad Commission (TRRC
). The TCEQ is responsible for conducting Section 401 certification reviews
of U.S. Army Corps of Engineers Section 404 permit applications
for the discharge of dredged or fill material into waters of the United States (U.S.), including wetlands. The Texas Railroad Commission (TRRC) is the state agency that administers the Section 401 water quality certification program for oil and gas exploration in Texas. The purpose of these certification reviews is to determine whether a proposed discharge will comply with state water quality standards.
Under Texas Natural Resources Code, Chapter 91, §91.101, relating to Rules and Orders, the TRRC has jurisdiction over “activities associated with the storage, handling, reclamation, gathering, transportation, or distribution of oil or gas prior to the refining of such oil or prior to the use of such gas in any manufacturing process or as a residential or industrial fuel.” TCEQ has jurisdiction over refined petroleum products and has authority over all non-oil and gas projects. If you have further questions, please contact TCEQ
U.S. Army Corps of Engineers Southwestern Division (SWD) has agreed with TCEQ to continue using the 2000 MOA Section 401 Certification Procedures, including the delegation for Tier I and Tier II projects, only for Corps permit applications received PRIOR to 11 September 2020. All applications received after this date will follow the Clean Water Act Section 401 Certification Rule procedures.