Short answer
If you haul oil and gas waste for hire, by any method other than pipeline, off the lease, unit or property where it was generated, the Railroad Commission of Texas requires a waste hauler permit. For years that requirement sat in Statewide Rule 8 (16 TAC 3.8). Under the RRC’s rewritten waste rules effective July 1, 2025, it is in 16 TAC 4.193.
- Since July 1, 2025, the permit forms (WH-1, WH-2 and WH-3) must be filed online through the RRC’s LoneSTAR system, and you need an active P-5 Organization Report on file first.
- The permit is a regulatory license, not insurance. The spill and liability risk still has to be covered by your auto, pollution and liability policies.
From Rule 8 to Chapter 4
Statewide Rule 8, titled Water Protection, is the rule most haulers learned. Its subsection (f) said a person transporting oil and gas waste for hire could not haul or dispose of it off a lease, unit or other oil or gas property where it was generated without a permit from the Commission.
The RRC rewrote its oil and gas waste rules into a new 16 TAC Chapter 4, Subchapter A. The hauler permit section, 16 TAC 4.193, was adopted in the Texas Register on January 3, 2025 and took effect July 1, 2025. The version of Section 3.8 published on Cornell's Legal Information Institute is now labeled "effective until 7/1/2025." The current Form WH-1 cites Chapter 4, Division 10, Section 4.193 as its reference.
You will still hear "Rule 8 permit" in the field. In practice it means the same thing: the waste hauler permit, or WHP.
Who needs one and what it requires
Under 16 TAC 4.193(a), a person who transports oil and gas waste for hire by any method other than pipeline needs a permit to haul or dispose of it off the lease, unit or property where it was generated. The rule excludes some waste streams from this permit, including hazardous oil and gas waste regulated under Section 3.98 and certain NORM waste.
The key operating requirements:
- Term. A permit may be issued for a term not to exceed one year and must be renewed.
- Vehicle markings. Each vehicle must be marked on both sides and the rear with the permittee's name and permit number in characters at least three inches high.
- Permit in the truck. Each vehicle must carry a copy of the permit, including the Commission-issued attachments listing approved vehicles. Only vehicles on that list may be used.
- Disposal. Waste may go only to facilities permitted to receive the specific type of waste being hauled. The permit lists approved injection and surface disposal systems, and a Form WH-3 is needed before using a system not on the list.
- Application content. The rule calls for vehicle identification, an affidavit from each permitted facility operator the hauler will use, and a certification that the vehicles are leak-proof.
How to apply: LoneSTAR, P-5 and the WH forms
The RRC announced that waste hauler forms can be filed online in LoneSTAR, and that on and after July 1, 2025, they must be filed there. The forms cannot be filed online without an active Organization Report (Form P-5) on file.
| Form | What it is | When it is needed |
|---|---|---|
| WH-1 | Application for Waste Hauler Permit | Initial permit, renewal and amendment |
| WH-2 | Waste Hauler List of Vehicles | Initial application, and at renewal only if haulers are added |
| WH-3 | Authority to Use Approved Disposal/Injection System | Renewal, and before using a system not already on the permit |
Two more RRC conditions
Form WH-1 says the applicant must have an active P-5 with the appropriate financial security on file before an initial permit is accepted, and the RRC says it issues permits only for vehicles with current registrations. Confirm the current fee and security amount with the RRC when you file.
Where insurance comes in
Section 4.193 does not set an insurance requirement for the permit itself. Your insurance requirements come from your MSAs, from the policies you need to protect the business, and, depending on your trucks and routes, from Texas and federal motor carrier rules.
For a water hauler, that usually means:
- a business auto policy with pollution coverage broadened for what you haul, because the standard auto form excludes pollutants being transported
- contractors pollution liability for spills during loading, unloading and work on location
- general liability, workers comp, and an umbrella sized to the MSA
The permit and the insurance also connect in one practical way: the vehicle list. Every truck on your WH-2 should be on your auto policy, and every truck on your auto policy that hauls waste should be on the permit. See do I need pollution coverage to haul produced water and water hauling insurance.
Common questions
Do I need a waste hauler permit to move produced water within the same lease?
The permit requirement in 16 TAC 4.193(a) applies to hauling for hire off the lease, unit or property where the waste was generated. Moving waste within that property is a different question; confirm your specific situation with the RRC.
Can I still file a paper WH-1?
The RRC says that on and after July 1, 2025, waste hauler forms must be filed online through LoneSTAR.
Does the RRC permit require me to carry insurance?
The hauler permit rule does not set insurance limits. Your MSAs and, where they apply, Texas and federal motor carrier rules do.
Do I still need a USDOT number if I have a waste hauler permit?
They are separate requirements from separate agencies. See our page on whether oilfield trucks need a USDOT number.
Sources
- 16 Tex. Admin. Code § 4.193, Hauler permits (Cornell LII). Who needs a permit, exclusions, application content, one-year term, markings, permit copy, disposal facilities; effective 7/1/2025.
- 16 Tex. Admin. Code § 3.8, Water Protection [effective until 7/1/2025] (Cornell LII). Former Rule 8 subsection (f) hauler permit requirement.
- Railroad Commission of Texas: Notice to waste haulers on LoneSTAR filing. Online filing mandatory on and after July 1, 2025; active P-5 required; current vehicle registrations required.
- Railroad Commission of Texas: Form WH-1, Application for Waste Hauler’s Permit (rev. 08/19/25). References Chapter 4, Division 10, §4.193; P-5 with financial security; forms needed for initial and renewal.
- Railroad Commission of Texas: Public comment on Chapter 4 and waste hauler forms. New 16 TAC Chapter 4, Subchapter A waste rules; WH forms moved into LoneSTAR.
- ISO CA 00 01 10 13, Business Auto Coverage Form (copy hosted by Touchpoint Markets). Pollution exclusion for pollutants being transported by the covered auto.
This page explains insurance, not law. Have your attorney review indemnity and contract language; our job is making the insurance match it.
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