The Path To Class VI Primacy In Texas: MOA Reveals State And Federal Priorities For Program

Highlights

• The U.S. Environmental Protection Agency (EPA) Region 6 on April 29, 2025, executed a Memorandum of Agreement Addendum 2 (MOA) with the Railroad Commission of Texas (RRC). This is a major step forward in Texas achieving primacy for Class VI underground injection control well permits for carbon capture and storage (CCS) facilities.
• The MOA marks an endpoint to the RRC's application process and the start of the rulemaking for the EPA to grant primacy to the RRC. There will be significant public engagement in the coming months as stakeholders have the opportunity to provide input and comment.
• The MOA is crafted to meet federal regulatory criteria requiring significant federal/state coordination and information sharing, along with the RRC taking the lead in inspections and enforcement. The MOA reveals that once primacy is granted, the RRC has committed to significant public outreach and community engagement in the permitting process and all pending