RAPID/BulkTransmission/Texas/Water Quality

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Regulatory and Permitting Information Desktop Toolkit

Texas Bulk Transmission Water Quality Assessment(14-TX)

Developers may be required to obtain several permits related to water quality issues, including permits for nonpoint source pollution, NPDES compliance, underground injection control, 401 water quality certification, and wastewater discharge.

Developers may comply with nonpoint source pollution regulations in Texas. The nonpoint source pollution management program is jointly administered by the Texas Commission on Environmental Quality (TCEQ) and the Texas State Soil and Water Conservation Board (TSSWCB). Developers should contact the TCEQ for information on the Total Maximum Daily Loads (TMDLs) and recommended Best Management Practices (BMPs) based on the location and type of project. BMPs are suggested procedures and protocols for reducing TMDLs. Following suggested BMPs is entirely voluntary.

Developers must obtain a NPDES Permit if their project will result in the discharge of pollutants from a point source. EPA has given the TCEQ the authority to administer NPDES requirements.


Developers must obtain a 401 Water Quality Certification from the TCEQ if their transmission project implicates any federal license or permit issued to construct or operate a facility which may result in any fill or discharge into navigable waters of the United States. The Texas 401 certification process is initiated by the federal agency that has jurisdiction under the Clean Water Act. The implicated federal agency will be required to provide public notice of the application and any draft permits developed. The public will be allowed to comment, and the developer may be required to participate in a public hearing if one is requested. The TCEQ may approve or deny a request for a permit, and the developer will have an opportunity to appeal that decision.

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

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