EPA Grants Texas Primacy for Class VI Wells

Bracewell LLP

On November 7, 2025, Environmental Protection Agency (EPA) Administrator Lee M. Zeldin signed a final rule approving the application of the State of Texas for transfer of primacy over Class VI Underground Injection Control (UIC) wells to the State of Texas that will allow the Texas Railroad Commission (RRC) to issue and enforce compliance with UIC Class VI permits. Class VI injection wells are used for the permanent geologic storage of carbon dioxide necessary for carbon capture and storage (CCS) projects. The RRC will now manage the regulatory process previously handled by the EPA under the federal Safe Drinking Water Act, a move that is expected to streamline the application process and provide essential regulatory certainty for CCS projects in the state. 

The final rule signed by Administrator Zeldin on November 7, 2025, will soon be published in the Federal Register. The transfer of UIC Class VI primacy to Texas will be effective 30 days after the date of publication in the Federal Register. The EPA’s response to public comments can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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