Texas Class VI Primacy: What EPA's Delegation To The Railroad Commission Means For CCS Projects

On November 12, 2025, the U.S. Environmental Protection Agency (EPA) approved Texas's application for Class VI UIC primacy, giving the Texas Railroad Commission (RRC) primary enforcement authority over CO₂ sequestration wells statewide and making Texas the sixth state with Class VI primacy. The final rule will be effective December 15, 2025, at which point RRC—not EPA—will be the primary Class VI permitting authority in Texas. This shift has significant implications for permitting timelines, litigation risk, and regulatory strategy for carbon capture and storage (CCS) projects in Texas.

Background: EPA Delegates Class VI Primacy to Texas

On November 12, 2025, EPA announced a final rule approving Texas's application to administer the Class VI UIC program under the Safe Drinking Water Act (SDWA). Texas is now the sixth state with Class VI primacy, joining Arizona, Louisiana, North Dakota, West Virginia, and Wyoming.