Texas Lawmakers Advocate for State Control Over

Texas is taking significant steps to enhance its carbon capture and storage (CCS) efforts. Congressmen August Pfluger and Dan Crenshaw have urged the Environmental Protection Agency (EPA) to expedite the Texas Railroad Commission's (RRC) application for primary enforcement authority—known as "primacy"—over Class VI underground injection control wells. These wells are essential for the geologic sequestration of carbon dioxide (CO₂), a critical component in reducing greenhouse gas emissions.

Understanding Class VI Wells

Class VI wells are specifically designed for the injection of CO₂ into deep rock formations for long-term storage, a process known as geologic sequestration. This method aims to prevent CO₂ from entering the atmosphere, thereby mitigating climate change.

Current EPA Backlog and Its Implications

The EPA currently faces a substantial backlog in processing Class VI well permit applications. As of recent reports, the agency had received 159 applications, with only a few permits issued.

The goal is to review complete applications and issue permits within approximately 24 months; however, this timeline is influenced by factors such as project complexity and application completeness.

This delay has significant implications for CCS projects nationwide. Permitting bottlenecks hinder the timely deployment of essential carbon sequestration infrastructure, which is vital for achieving emission reduction targets. The backlog also affects investor confidence and the overall momentum of climate initiatives.

The Push for State Primacy

In response to these delays, several states have sought primacy to manage their own Class VI well permitting processes. Texas formally submitted its application for primacy on December 19, 2022. Granting the RRC this authority would allow for a more streamlined and efficient permitting process, leveraging the state's extensive experience with its unique geology and existing infrastructure.

Benefits of Granting Primacy to Texas

Allowing the RRC to oversee Class VI well permitting offers several advantages:

Enhanced Efficiency: State-level management can reduce bureaucratic delays, leading to faster project approvals.
Local Expertise: The RRC's deep understanding of Texas's geological formations ensures that permits are evaluated with the highest level of technical proficiency.
Economic Growth: Expedited permitting can attract more CCS projects to Texas, fostering job creation and economic development in the energy sector.

National Context and Recent Developments

Texas is not alone in seeking primacy for Class VI well permitting. As of February 2025, the EPA has granted primacy to four states: North Dakota, Wyoming, Louisiana, and most recently, West Virginia. This move aims to expedite approvals and advance the development of large-scale carbon sequestration projects.

Despite these advancements, Texas's application for primacy remains under EPA review. The state's energy and industrial sectors are keenly awaiting approval, as Texas currently has 43 CCS projects under review—accounting for a significant portion of all U.S. applications.

Zack Abnet, Texas State Director for the American Conservation Coalition, emphasized the state's leadership in energy innovation, noting, "When it comes to energy, you can always count on Texas’ innovative spirit and get-it-done attitude to lead the way."

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Challenges in the Permitting Process

Several factors contribute to the delays in Class VI well permitting:

Resource Constraints: The EPA has faced challenges in hiring sufficient technical staff to manage the increasing number of applications.
Complex Regulations: The intricate nature of CCS projects requires comprehensive evaluations to ensure environmental safety, prolonging the review process.
Public Participation: Engaging with local communities and addressing environmental justice concerns add layers of complexity to the permitting timeline.

Industry and Legislative Responses

The delays have prompted responses from both industry stakeholders and legislators. In April 2024, the bipartisan Climate Solutions Caucus sent a letter to the EPA expressing concern over the slow pace of Class VI well permitting and state primacy approvals.

The caucus expressed concern over the slow pace of Class VI well permitting, stating, "Permitting delays are actively crippling U.S. efforts to deploy vital clean energy and carbon capture infrastructure alike."

The Role of the Railroad Commission of Texas

The RRC has been proactive in positioning itself to take on the responsibility of Class VI well permitting. In May 2022, the commission approved the submission of a pre-application for Class VI primacy to the EPA and requested that the governor formally seek EPA approval. Subsequently, in August 2022, the RRC adopted amended rules to align with federal regulations, demonstrating its readiness to implement a Class VI UIC program.

Looking Ahead: The Future of CCS in Texas

Achieving primacy is a critical step for Texas to accelerate its CCS initiatives. With the state's vast industrial base and geological capacity for CO₂ storage, streamlined permitting could position Texas as a leader in carbon sequestration. This advancement would not only contribute to national climate goals but also bolster the state's economy by attracting investment in cutting-edge energy projects.

The collaboration between Texas lawmakers and the RRC underscores the state's commitment to advancing carbon capture technologies. By seeking state oversight through primacy, Texas aims to streamline processes, leverage local expertise, and play a significant role in reducing carbon emissions. The timely approval of the RRC's application by the EPA is crucial for the state's CCS ambitions and could serve as a model for other states navigating similar challenges.

Texas Lawmakers Advocate for State Control Over Carbon Capture Permitting