EPA Grants Texas Primacy for Class VI Wells

November 15, 2025

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(Bracewell) 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. READ MORE

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EPA Grants the State of Texas Primacy to Protect Underground Water Resources (U.S. Environmental Protection Agency)

Excerpt from U.S. Environmental Protection Agency: Today, U.S. Environmental Protection Agency (EPA) announced a final rule approving the State of Texas’ request to administer permitting for Class VI underground injection wells under the Safe Drinking Water Act (SDWA). With this approval, Texas will implement Underground Injection Control (UIC) programs covering all well-types (Class I-VI), allowing better coordination and improved efficiencies.

This action recognizes that Texas is best positioned to protect its underground sources of drinking water while bolstering economic growth and energy dominance. It supports EPA’s Powering the Great American Comeback Initiative, which prioritizes clean and safe water for Americans, restoring American energy dominance, and advancing cooperative federalism.

“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, and the Trump Administration is proud to support Texas as it shows once again that you can protect natural resources and grows our nation’s energy economy at the same time.”

“Obtaining Class VI primacy marks an important step forward for our state’s energy sector and our citizens by recognizing the Railroad Commission’s unmatched expertise when it comes to matters of energy production, geological knowledge, and safety,” said Railroad Commission of Texas Chairman Jim Wright. “I want to thank the Trump Administration and the leadership of EPA Administrator Zeldin and Region 6 Administrator Mason for their efforts to work with states to reduce regulatory overlap and for understanding that the permitting of Class VI wells can be accomplished both safely and efficiently under the Railroad Commission’s oversight.”

“Texas is a leader in energy production, and part of that is pioneering carbon capture and storage practices,” said Senator John Cornyn (R-TX). “The EPA’s final approval of Texas’ application for primacy over underground water injection wells under the Safe Drinking Water Act will allow the Lone Star State to have more control over its own permitting process and improve efficiency, and I thank the Trump administration and EPA Administrator Zeldin for prioritizing this effort.”

“I applaud and strongly support Administrator Zeldin and the EPA for this decision. Texas is the energy capital of the world, Class VI wells are critical to energy innovation in the Lone Star State and beyond, and providing certainty about their development in the permitting process will help spur new investment. This decision reaffirms that the Railroad Commission of Texas, not the bureaucracy in D.C., is best equipped to manage the permitting of wells in the Lone Star State. I look forward to working with Administrator Zeldin and my colleagues in the Senate to ensure that regulations don’t unnecessarily hinder Texas energy development, and that Texas remains the top energy producer in the nation,” said Senator Ted Cruz (R-TX).

“Texas has always led the way in responsible energy development, and today’s decision affirms that leadership. By granting Texas primacy over Class VI wells, EPA is recognizing what we already know: no one is better equipped to protect our drinking water, advance American energy independence, and streamline permitting than the great State of Texas,” said Congressman Brian Babin (R-TX-36). “I was proud to support this effort, and I applaud Administrator Zeldin for finally clearing the way for Texas to do what it does best: grow our economy, safeguard our communities, and strengthen America’s energy future.”

“I want to thank EPA Administrator Zeldin for this approval, which will keep Texas a leader in energy innovation,” said Congressman John Carter (R-TX-31). “This decision is a win for Texas, our environment, and our economy. With this approval, Texas can move faster, attract new investments, and create good-paying jobs, leading the way for Texas energy to flourish responsibly.”

“Giving states the authority to regulate Class VI wells will cut down lengthy review times and redundant bureaucratic red tape. Carbon capture should not be mandated, but if market forces demand it, duplicative regulations should not stand in the way. This is also why I introduced the Primacy Certainty Act of 2025—so other states can benefit from what Texas energy projects now enjoy thanks to the EPA’s actions under Lee Zeldin’s leadership. President Trump is delivering on his promise to allow our energy industries to thrive, and Texas is leading the way,” said Congressman Dan Crenshaw (R-TX-2).

“I want to thank Administrator Zeldin for recognizing Texas’ leadership and granting our state primacy over Class VI well permitting. Delays at the federal level have slowed down critical carbon capture projects. As a result, this has held back innovation, investment, and job growth across Texas,” said Congressman Jake Ellzey (R-TX-6). “By empowering the Texas Railroad Commission to oversee these permits, we’re cutting through red tape and putting decisions back in the hands of experts who understand Texas’ geology, economy, and commitment to protecting our water resources. I’m grateful to my Texas colleagues who joined me in urging this action, which strengthens both environmental stewardship and American energy leadership.”

“I’m glad to see the Environmental Protection Agency, now run by the Trump Administration, finally cut red tape and streamline the permitting process for Class VI underground injection wells,” said Congressman Craig Goldman (R-TX-12). “This improved process not only safeguards our drinking water but also promotes economic growth in Texas and across the nation.”

"This is a crucial step by Administrator Zeldin and the EPA to safeguard our drinking water while advancing technologies that keep Texas and America energy dominant. This America First policy will protect our water sources and draw new jobs and investment to Texas,” said Congressman Lance Gooden (R-TX-05).

“In February, I signed onto a letter expressing strong support for the Texas Railroad Commission’s (RRC) application for primary enforcement responsibility over Class IV Underground Injection Control (UIC) wells” said Congressman Wesley Hunt (R-TX-38). “With final rule approval from the EPA, Texas will be able to implement this initiative. This will incentivize economic growth and ensure that underground water sources are properly utilized, providing clean, safe drinking water for Texans. I applaud all efforts to protect public health and the environment. Thank you to EPA Administrator Lee Zeldin for taking key steps to delegate and approve this rule, which will benefit and strengthen communities across Texas.”

“Texas is the epicenter of our nation’s energy industry, leading the charge on carbon capture and responsible permitting. Today’s final rule announcement will continue our state’s incredible work and streamline its efficiency and innovation. I applaud EPA Administrator Zeldin’s leadership which benefits not only Texas, but also creates jobs, boosts manufacturing, and encourages energy dominance,” said Congressman Morgan Luttrell (R-TX-8).

"For far too long, bureaucratic red tape has delayed critical energy projects and slowed innovation. Texans lead the way in responsible, efficient production, and no one understands our geology better than the experts at the Railroad Commission. I applaud the EPA's decision in granting Texas primacy over Class VI wells, which will streamline the permitting process and allow energy producers to move forward with confidence. I want to thank Administrator Zeldin for recognizing Texas’s leadership and taking this important step to advance American energy security," said Congressman August Pfluger (R-TX-11).

“I applaud the Trump Administration EPA decision to grant the Texas Railroad Commission primary enforcement responsibility (or “primacy”) for Class VI underground injection wells to help expand American energy dominance and support tens of billions of dollars of investment, economic growth, and job opportunities for the Lone Star State,” said Congresswoman Beth Van Duyne (R-TX-24). “The Texas Railroad Commission is fully capable of evaluating and overseeing the development and operation of carbon capture and storage wells. I am thankful the Trump Administration is, once again, working to get the federal government out of the way and allow states to best manage energy production, storage, and innovative new technologies to secure a stronger energy future for our nation.”

“I was proud to support Texas’ request for primacy over Class VI injection wells, and I applaud EPA Administrator Zeldin for acting quickly and decisively to move this process forward,” said Congressman Randy Weber (R-TX-14). “Texas’ standards align with the Safe Drinking Water Act, and this decision helps streamline the permitting process to reduce unnecessary delays. It keeps projects moving, supports investment, and ensures decisions are made closer to home. This is a positive step for Texas and America’s economic future.”

After conducting a comprehensive technical and legal review, EPA determined that Texas’ UIC Class VI program meets all requirements for approval and that the state will implement and enforce the program consistent with the Safe Drinking Water Act. Today’s action marks the sixth time a state has received primacy for Class VI wells and the fifth approval under President Trump’s leadership.

Under the leadership of Administrator Zeldin, EPA is streamlining processes for issuing permits and reviewing applications for primacy. This work includes reducing the time to permit UIC wells and eliminating the backlog of applications.

The final rule will become effective 30 days after publication in the Federal Register. Publication is expected to be delayed due to a lapse in government funding.

Background

The UIC program under SDWA plays a key role in our nation’s economic future by protecting underground water supplies and ensuring that materials from industrial and energy projects are stored underground safely.

Visit EPA’s Underground Injection Control (UIC) website for more information. READ MORE