Section 4.193 - [Effective 7/1/2025] Oil and Gas Waste Haulers(a) Prohibitions. A person who transports oil and gas waste for hire by any method other than by pipeline shall not haul or dispose of oil and gas waste off a lease, unit, or other oil or gas property where it is generated without a valid oil and gas waste hauler permit. A permittee under this division shall not gather oil, gas, or geothermal resources unless otherwise authorized by Commission rules. An oil and gas waste hauler shall not transport oil, gas, or geothermal resources in the same vehicle being used to transport oil and gas wastes other than volumes of skim oil normally present in produced water or other oil and gas wastes.(b) Exclusions. (1) Hauling of inert waste, asbestos-containing material regulated under the Clean Air Act (42 USC §§ 7401 et seq.), polychlorinated biphenyl (PCB) waste regulated under the Toxic Substances Control Act (15 USC §§ 2601 et seq), or hazardous oil and gas waste subject to regulation under § 3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste) is excluded from this section.(2) Hauling of oil and gas NORM waste that is not exempt from Subchapter F of this title (relating to Oil and Gas NORM) and that exceeds the exemption criteria specified in 25 Texas Administrative Code § 289.259(d)(1), (2), and (3) (relating to Licensing of Naturally Occurring Radioactive Material (NORM)), is excluded from this section.(c) Application. An application for an oil and gas waste hauler permit shall be made in an electronic system established by the Commission. The application shall include:(1) the permit application fee required by § 3.78 of this title (relating to Fees and Financial Security Requirements);(2) vehicle identification information to support Commission issuance of an approved vehicle list;(3) an affidavit from the operator of each commission-permitted waste facility the hauler intends to use stating that the hauler has permission to use the waste facility system;(4) a certification by the hauler that the vehicles listed on the application are designed so that they will not leak during transportation. The certification shall include a statement that vehicles used to haul oil and gas waste are designed to transport oil and gas wastes and shall be operated and maintained to prevent the escape of oil and gas waste; and(5) any other information required by the Commission.(d) Permit term. (1) An oil and gas waste hauler permit may be issued for a term not to exceed one year.(2) A waste hauler permittee may not apply to renew a permit using the permittee's assigned permit number and by paying the fee required by § 3.78 of this title until a minimum of 60 days before the expiration date specified in the permit.(3) A waste hauler permittee shall apply for a new waste hauler permit number if the permittee submits a renewal application more than six months after the expiration of its permit.(e) Permit conditions. Each oil and gas waste hauler shall operate in strict compliance with the instructions and conditions stated on the permit, which are restated as follows. (1) This permit, unless suspended or revoked for cause shown, shall remain valid until the expiration date specified in this permit.(2) Each vehicle used by a permittee shall be marked on both sides and the rear with the permittee's name and permit number in characters not less than three inches high. For the purposes of this permit, "vehicle" means any truck tank, trailer tank, tank car, vacuum truck, dump truck, garbage truck, or other container in which oil and gas waste will be hauled by the permittee.(3) Each vehicle shall carry a copy of the permit including those parts of the Commission-issued attachments listing approved vehicles. This permit authority is limited to those vehicles shown on the Commission-issued list of approved vehicles.(4) This permit is issued pursuant to the information furnished on the Commission-prescribed application form, and any change in conditions shall be reported to the Commission on an amended application form. The permit authority will be revised as required by the amended application.(5) This permit authority is limited to hauling, handling, and disposal of oil and gas waste.(6) This permit authorizes the permittee to use Commission-permitted waste facilities provided the waste facilities are permitted to receive the specific type of waste being hauled.(7) This permit also authorizes the permittee to use a waste facility operated under authority of a minor permit issued by the Commission.(8) This permit authorizes the permittee to transport hazardous oil and gas waste to any facility in accordance with the provisions of § 3.98 of this title (relating to Standards for Management of Hazardous Oil and Gas Waste) provided the shipment is accompanied by a manifest that meets the requirements of § 3.98(o) or (w) of this title as applicable.(9) This permit authorizes the transportation of non-hazardous oil and gas waste to a disposal facility permitted by another state agency, another state, or an agency of the federal government, provided the shipment is accompanied by a manifest, run ticket, or shipping paper and the person submits a copy of such manifest, run ticket, or shipping paper showing the information specified in §4.191 of this title (relating to Oil and Gas Waste Manifests) to the appropriate Commission District Office within 30 days of shipment.(10) Each vehicle shall be operated and maintained at all times in such a manner as to prevent spillage, leakage, or other escape of oil and gas waste during transportation on or off any facility regulated by the Commission. Vehicles used to haul oil and gas waste shall be designed to transport oil and gas wastes and shall be operated and maintained to prevent the escape of oil and gas waste.(11) Each vehicle shall be made available for inspection upon request by the Commission.16 Tex. Admin. Code § 4.193
Adopted by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0085, eff. 7/1/2025