Questions or Comments: 401certs@tceq.texas.gov
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401 Certification Reviews

The TCEQ conducts Section 401 certification reviews of projects requiring a Section 404 permit from the U.S. Army Corps of Engineers for the discharge of dredged or fill material into waters of the U.S., including wetlands.

The Texas Commission on Environmental Quality (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 StatesExit the TCEQ , including wetlands. The TCEQ is the lead state agency that administers the Section 401 certification program in Texas except with respect to oil and gas exploration, which is the responsibility of the Railroad Commission of TexasExit the TCEQ. The purpose of these certification reviews is to determine whether a proposed discharge will comply with state water quality standards.

NEW The U.S. Environmental Protection Agency published the Clean Water Act Section 401 Certification Rule (Rule) in the Federal Register on July 13, 2020 and it went into effect on September 11, 2020. Customers seeking 401 Water Quality Certification from TCEQ must now submit a Pre-filing Meeting Request and a Certification Request.

See the following links for more information on this new rule and required forms to be submitted when seeking 401 Water Quality Certification:

Types of 401 Certifications

Tier I Projects

Projects that:

  1. are less than 1,500 linear feet of stream
  2. are less than 3 acres of waters of the US (or a combination of one and two) and
  3. do not affect application/pdfrare and ecologically significant wetlandsAdobe Acrobat PDF Document.

Tier II Projects

Projects which:

    • affect ecologically significant wetlands of any size
    • are greater than 1,500 linear feet of stream
    • are greater than 3 acres of water of the US
    • or otherwise not appropriate for Tier I reviews.

Nationwide Permits

Projects that affect small areas of waters of the US and are for specific activities.

High Speed Rail Resource Agency Comments