EPA Grants Texas Primacy Over Class VI Injection Wells

The Environmental Protection Agency has granted the State of Texas approval to administer permitting for Class VI underground injection wells under the Safe Drinking Water Act (SDWA).

With this final rule, Texas becomes the sixth state to receive primacy for Class VI wells, giving the Railroad Commission of Texas primary enforcement authority for wells used to inject carbon dioxide into deep underground formations for permanent storage.

“This approval by the EPA recognizes RRC’s expertise to add Class VI wells to our Underground Injection Control (UIC) program, to continue our work of protecting Texans and our natural resources,” said Wei Wang, Executive Director, Railroad Commission of Texas. “Additionally, primacy will streamline the application process and provide the regulatory certainty that is critical to Texas, which is one of the most productive energy regions in the world.”

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Since 2021, the RRC has proactively developed its Class VI program, with staff reviewing permit applications alongside EPA Region 6. In September, the RRC received a UIC Class VI grant from the EPA providing $1.93 million in funding to support implementation.

The RRC has received 18 applications to date and anticipates additional projects from industry.

Industry groups expressed strong support. Texas Oil and Gas Association President Todd Staples said, “Today’s approval is a watershed moment that launches the next chapter of Texas energy leadership. Texas is now poised to lead the world in CCS, which means more investment and more jobs for Texans.”

The Houston CCS Alliance stated that the decision is “a game changer for our state” and represents a crucial step toward large-scale carbon capture and storage development.

U.S. Rep. August Pfluger of District 11 added, “I applaud the EPA’s decision in granting Texas primacy over Class VI wells, which will streamline the permitting process and allow energy producers to move forward with confidence.”