Texas NPDES Oil & Gas Program Authorization
On January 15, 2021, the U.S. Environmental Protection Agency has approved the State of Texas’ application for the Texas Commission on Environmental Quality (TCEQ) to implement a Major Category Partial Permit Program under Clean Water Act (CWA) Sections 402(b) and 402 (n)(3) of the Clean Water Act, 33 U.S.C. § 1342 (b) and (n)(3) for discharges of produced water, hydrostatic test water, and gas plant effluent in Texas.
Please note that the EPA will permanently retain permitting authority and primary enforcement responsibility for facilities discharging in Indian Country as defined in 18 U.S.C. § 1151.
Additionally, consistent with the requirements of Sections 309 and 402 of the CWA, to ensure the integrity of state programs, the EPA also retains oversight and enforcement authority over state NPDES programs.
EPA accepted public comments and testimony on the Texas application from November 27, 2020 through January 11, 2021. The EPA Region 6 held a virtual informational public meeting, followed by a virtual public hearing on January 5, 2021 from 4:00pm - 8:00pm CST.
- Federal Register Notice of State of Texas Submittal to EPA (11/27/20)
- Docket Number: EPA-R06-OW-2020-0608
Approval for Partial NPDES Program Authorization for Oil and Gas Discharges
Pursuant to 40 CFR part 123.61(c), the Partial NPDES Program of the State of Texas was approved and became effective January 15, 2021.
Other Related Documents
- Texas Partial NPDES O&G Program Authorization Approval Letter (pdf)
- Memorandum of Agreement (MOA) Addendum Between Texas and EPA Region 6 (pdf)
- Memorandum of Agreement (MOA) Between Texas and EPA Region 6 2020 (pdf)
Response to Comments Document (pdf)
You may need to download this pdf and launch offline to see the attachments
- Public Hearing Transcript (pdf)
- Comment #018 attachment (pdf)
- Comment #118 attachment (pdf)
- Comment #140 attachment (pdf)
- Comment #144 attachment (pdf)
- Comment #158 attachment (pdf)
- Comment #159 attachment (pdf)
- Comment #160 attachment (pdf)
- Comment #163 attachment (pdf)
- Comment #165 attachment (pdf)