State 401 certification
Texas
Code TX
Section 401 certification: conditioned (4 conditions)
Certifying authority: Texas Commission on Environmental Quality (statewide); Texas Railroad Commission (oil and gas activities)
Read from Texas's Clean Water Act section 401 certification decision for the 2026 nationwide permit reissuance.
TCEQ (21 November 2025) granted certification with conditions for 18 nationwide permits (1, 3a, 4-6, 9-11, 13, 14, 20, 22, 28, 32, 36, 54, 57, 58) and denied certification for 39 nationwide permits (2, 3b, 3c, 7, 8, 15-19, 23-25, 27, 29-31, 33-35, 37-46, 48-53, 55, 59, 60), which require individual 401 certification project-by-project within TCEQ's jurisdiction.
VerifiedSourceTexas Railroad Commission (22 September 2025), which holds 401 certifying jurisdiction over certain oil-and-gas-related activities in Texas, conditionally certified NWPs 6, 7, 12, 14, 16, 18, 19, 20, 25, 38, 43, 46 and 58.
VerifiedSourceGeneral Condition 12 requires at least one approved erosion-control BMP and one approved sediment-control BMP for most listed NWPs; General Condition 25 requires post-construction total suspended solids control for most listed NWPs (bridge deck runoff exempted).
VerifiedSourceStream bed loss is limited to 1,500 linear feet for NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51 and 52; impacts beyond that require individual 401 certification.
VerifiedSource
What to check
- Whether Texas has certified, conditioned, waived or denied section 401 certification for the specific nationwide permit a project intends to rely on.
- Any state-specific conditions attached to that certification, which become binding conditions on the nationwide permit inside Texas.
- Whether Texas requires a separate state permit, coastal consistency review, or notification alongside the federal nationwide permit.