Texas NPDES Oil & Gas Program Authorization

Summary

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.

Public Outreach

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. 

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.

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Last updated on May 6, 2025