The US Environmental Protection Agency (EPA) has approved the State of Texas’ request for primacy to regulate Class VI underground injection wells, used primarily for carbon dioxide storage, under the Safe Drinking Water Act (SDWA).
With this decision, Texas becomes one of only six US states authorized to administer its own permitting for Class VI wells, joining North Dakota, Wyoming, and Louisiana, among others. The move grants Texas oversight of all six classes of underground injection wells, improving coordination, permitting speed, and regulatory efficiency.
EPA said the action “recognizes that Texas is best positioned to protect its underground sources of drinking water while bolstering economic growth and energy leadership.”
Streamlining Oversight for the Carbon Storage Economy
The ruling follows a comprehensive technical and legal review confirming that Texas’ Underground Injection Control (UIC) program meets federal standards.
“Approving Texas’ request to be in charge of this critical program is a big step forward for cooperative federalism—as big as the state of Texas,” said Regional Administrator Scott Mason. “The Railroad Commission of Texas has demonstrated that the state is ready, willing, and able to add Class VI wells to its underground injection control program.”
With primacy, the state can directly issue permits for new carbon capture and storage (CCS) projects, cutting wait times and removing bureaucratic hurdles that have slowed deployment nationwide.
Relevant: EPA Grants ExxonMobil Key Carbon Storage Permits In Texas
The Houston CCS Alliance issued the following statement: “EPA’s decision to grant the State of Texas primacy over Class VI underground injection wells is a game changer for our state. This marks another crucial step toward realizing the potential of large-scale carbon capture and storage development both in the Houston area and across the state.”
Under Administrator Lee Zeldin, EPA has committed to streamlining UIC approvals and reducing permit backlogs, aligning with the agency’s Powering the Great American Comeback Initiative, which emphasizes clean water, energy independence, and cooperative federalism.
The rule will take effect 30 days after publication in the Federal Register, though publication may be delayed due to a lapse in federal funding.
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