Environmental Permits
Implementation for 16 TAC Chapter 4 New and Amended Rules
On December 17, 2024, The Railroad Commission (RRC) adopted revisions to 16 Texas Administrative Code (TAC) Chapter 4, Subchapter B, relating to Commercial Recycling; and new 16 TAC Chapter 4, Subchapter A, relating to Oil and Gas Waste Management. The RRC is inviting interested parties to participate in the implementation of the rules.
NOTE: The official document will be available on the Secretary of State's website July 1, 2025.
You can view the adopted revisions here and adopted penalties here.
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Proposed Implementation Timeline
January – February 2025
- RRC develops guidance and forms
March – April 2025
- Guidance and forms posted for public comment
- Guidance and forms presented to Commissioners for approval
May – June 2025
- Training on guidance and forms
July 2025
- July 1, 2025 — Rules Effective
- July 13-16 — Training on guidance and forms at the 2025 RRC Regulatory Conference
Send questions related to this rule implementation to the RRC via email at enviro.permits@rrc.texas.gov
and include “Chapter 4” in the subject line.
Permit Types, Programs, & Requirements
The Oil and Gas Division regulates oil and gas waste transportation, storage and disposal activities. Learn more about the various permitting programs and requirements.
- Waste Haulers
- Minor Permits, Hydrostatic Test Discharges, Domestic Wastewater, & Other Permits
- Pits
- Recycling
- Discharges
- Landfarming, Landtreatment, & Land Application Facilities
- Pilot Projects
- Reclamation Plants
- Waste Separation Facilities
- Commercial Surface Waste Facilities
- Hazardous Waste
- NORM (Naturally Occurring Radioactive Material)
- Renewal, Transfer & Amendment
- Monitoring & Reporting
Do I need an Environmental Permit?
Any person who transports, handles, stores, discharges, disposes or recycles oil and gas waste subject to the Commission’s jurisdiction must have authority from the Commission. At a minimum, you must be an Operator with an active P-5 (Organizational Report) with the Commission. Waste management authorized by the Commission without a permit can be found in the Summary of Statewide Rule 8.
If you are transporting, handling, storing, discharging, disposing, reclaiming or recycling oil and gas off lease or on a lease other than the lease where the oil and gas waste was generated, you must have a permit from the Commission. The permit may be a minor permit issued by the appropriate District Office, or a permit from Technical Permitting in Austin. For more information continue to explore our website or click on Contacts for information on how to contact Environmental Permits staff.
Before You Get an Environmental Permit
Prior to application for any permit, the applicant must file a Form P-5, Organization Report with the Commission. There will be a fee associated with the filing of the Form P-5. The applicant can contact the P-5 Department at 512-463-6772 for any questions regarding the Form P-5.
Applying For an Environmental Permit
Environmental Permitting & Support does not accept incomplete applications. Applicants are required to submit a complete application package for staff review. If an application is knowingly submitted as incomplete it will not be reviewed and may be subject to return.
According to Statewide Rule §1.201(4), an applicant may make no more than two supplemental filings to complete an application. If the application is still incomplete, Technical Permitting shall administratively deny the application and no additional submissions will be accepted or reviewed.
Once an application package has been submitted only minor modifications or staff recommended amendments will be accepted during the review process. If the original application is fundamentally revised the application must be withdrawn and a new application may be filed.
Nearly all surface disposal methods will have some associated equipment and storage. Construction and engineering information will be required for these facilities, including but not limited to:
- Facility Diagram
- Storage and Pit Information
- Processing and Equipment Information
Applications for a permit for a surface disposal method in one location for a period longer than one year must provide site specific information, including but not limited to:
- Geographic and Location Information
- Environmental Information
- Real Property Information
Many applications will require a description of the disposal method. In the case of technologies used to recycle, reclaim, treat or separate oil and gas wastes, a detailed description of that process will be necessary. Illustrations, like flow diagrams, of the treatment are helpful for demonstrating each step of the method.
Professional Engineers and Geoscientists
Engineering and geologic work products must be prepared under seal of a licensed professional engineer (P.E.) or geologist (P.G.), respectively, as required by the Occupations Code Chapters 1001 and Occupations Code Chapter 1002.