Renewal, Transfer & Amendment

All requests for renewal, transfer, or amendment of permits must be made in writing and original copies delivered to the appropriate District Office and to Technical Permitting in Austin at:

Technical Permitting Section
Oil and Gas Division
Railroad Commission of Texas
P. O. Box 12967
Austin, TX 78711-2967

Renewal

Most permits issued by Environmental Permits & Support in Austin are renewable. These permits are typically issued for a period of five years and expire automatically unless renewal is requested by the Permittee.

To request renewal of a RRC environmental permit (e.g., pit, landfarm, or STF permit), the Permittee must send a complete renewal application to Technical Permitting in Austin, and to the appropriate District Office, requesting renewal at least 60 days prior to the expiration of the permit. The renewal application should include P-5 Operator name, address, any required notice (if applicable) and must include an original signature.

Additional information may be requested by the RRC to complete the renewal application.

Permit renewal requirements are included on the pages for each type of permit and summarized below:

• Pit renewals must include a new Form H-11 with original signature.
• If the permit requires financial security, a new Closure Cost Estimate (CCE) must be submitted for the entire facility.
• If the permit requires financial security, a Naturally Occurring Radioactive Material (NORM) survey (excludes Landfarm and Landtreatment permits) will be required for permit renewal. The removal/disposal of NORM waste and the decontamination of tanks and equipment that are contaminated with NORM waste (readings that are in excess 50 µR/hr, the limit above which the equipment cannot be released for unrestricted use) must be appropriately reflected on the CCE.  
• If the initial application for the permit type requires published notice or adjacent landowner notice, notice of the renewal must be as in the initial application.
• If any amendments to the permit are being requested, those requests should be outlined in the letter and should explain why the amendments are necessary. Any change to facility operations should be noted.

A renewal request does not guarantee approval of a permit renewal and a renewed permit will be updated to meet current permitting standards.

Transfer

To transfer a RRC environmental permit (e.g., pit, landfarm, or STF permit), the Operator who will be the new Permittee after the transfer must send a letter to Technical Permitting in Austin requesting transfer of the permit(s). The letter should include the new P-5 Operator name, address, any requirements listed in the Application Requirements Table, and must include an original signature. A change in P-5 Operator name requires a transfer request.

Submit the transfer request to Technical Permitting in Austin after ownership has been transferred, but 60 days before the new Operator begins operations. The new Operator is bound by the conditions of the permit and RRC may enforce all conditions of the permit. 

If you are requesting any amendments to the permit, those requests should be outlined in the letter and should explain why the amendments are necessary. Any change to operations regarding the permit should be noted.

Commercial permits associated with a Certificate of Compliance and Transportation Authority (Form P-4) must transfer the Form P-4 before the environmental permit can be transferred.

Most permits require a transfer request for the permit to be transferred to a new P-5 Operator.   

Non-commercial pit permits associated with a RRC-designated lease require a transfer request when the Form P-4 is transferred to the new Operator unless otherwise stated in the current permit.

Reclamation plant permits (Form R-9) cannot be transferred - a new application must be submitted by the new operator. 

Additional permit transfer requirements are included on the pages for each type of permit and summarized below:

• Transfer of pit permits requires a new Form H-11 with original signatures.
• If the permit requires financial security, submit a new Closure Cost Estimate (CCE) for the entire facility.
• If the operator does not own the surface property, provide a copy of the lease agreement between the operator and the surface owner.

A transfer request does not guarantee approval of a permit transfer and the permit may be subject to modification.

Amendment

To request an amendment of a RRC environmental permit (e.g., pit, landfarm, or STF permit), the Permittee must send to Technical Permitting in Austin a letter describing the requested amendments that should explain why the amendments are necessary. Any change to operations regarding the permit should be noted.

• For pit permit amendments that change the pit construction, dimensions, or capacity, submit a new Form H-11 with an original signature.
• If the permit requires financial security and the amendments to the permit would increase the cost of closure, submit a new Closure Cost Estimate (CCE).
• Depending on the significance of the permit amendments, surface owner, adjacent landowner, and published notice may be required.

An amendment request does not guarantee approval of a permit amendment and the permit may be subject to modification. Do not make any changes to the facility prior to issuance of the amended permit, authorization from Technical Permitting, and approval of the revised financial security (if financial security is required).