The U.S. Environmental Protection Agency (EPA) recently
finalized a rule granting the State of Texas primary permitting and
enforcement authority over Class VI Underground Injection Control
(UIC) wells under the federal Safe Drinking Water Act (SDWA). Class
VI wells are used to inject compressed carbon dioxide
(CO2) into deep rock formations underground. The
rule allows the Texas Railroad Commission, which has primary
regulatory jurisdiction over the oil and natural gas industry for
the state, to regulate the geologic sequestration of CO₂, a
critical component of carbon capture and storage (CCS)
projects.
Texas' favorable geology and existing CO₂ pipeline
infrastructure have made the state a desirable setting for CCS
projects. Previously, developers in Texas were required to comply
with EPA's multi-year permitting process to authorize
construction of their Class VI wells. Now, the Railroad Commission
will oversee permitting and compliance for all six classes of
