On June 9, 2025, the US EPA took another step forward toward having states take the lead for implementing and enforcing Class VI Underground Injection Control (UIC) programs under the Safe Drinking Water Act (SDWA), which are central to carbon capture and sequestration (CCS) permitting. To date, EPA has signed Memoranda of Agreement (MOAs) with several states regarding state agreements to implement Class VI injection well programs. The Texas MOA was signed on April 29, 2025. Now, and consistent with the MOA, EPA has released its proposed rule to give Texas primacy over the program. 

In the proposal, EPA:

• Determined that the Class VI MOA addendum meets the federal requirements at 40 CFR § 145.25 for primacy MOAs.
• States that the MOA is the central agreement setting the provisions and arrangements between the state and EPA concerning the administration and enforcement of the Texas UIC program.
• Evaluated the Class VI MOA addendum and ensured that the MOA addendum contains the appropriate provisions pertaining to coordination, permitting, compliance monitoring, enforcement, and EPA oversight.
• Highlights that the Class VI MOA addendum specifies that the Texas Railroad Commission (RRC) and EPA agree to maintain a high level of cooperation and coordination to assure successful and effective administration of the UIC Class VI Program.

EPA finds that:

• Texas has demonstrated that it meets all UIC permit requirements found in 40 CFR § 145.11 for Class VI permits.
• Texas’ UIC Class VI permitting provisions and technical criteria and standards meet the federal requirements in 40 CFR parts 124 and 144 through 146.
• Texas has incorporated necessary procedures, pursuant to 40 CFR § 145.12, to support a robust UIC Class VI compliance evaluation program.
• Texas has available the necessary civil and criminal enforcement authorities pursuant to 40 CFR § 145.13.
• Texas’ UIC Class VI regulations regarding permitting, inspection, operation, monitoring, reporting, and recordkeeping meet federal requirements found in 40 CFR parts 145 and 146.

Based on the above, EPA is proposing to approve Texas’ program revision application because it has determined that the application meets all applicable requirements for Class VI primacy approval under SDWA section 1422 and because Texas has demonstrated that it is prepared to implement a UIC program in a manner consistent with the SDWA and all applicable UIC regulations.

From a logistical perspective, EPA proposes to incorporate by reference the Texas statutes and regulations that contain standards, requirements, and procedures applicable to owners or operators of Class VI wells as a compilation titled “Texas SDWA § 1422 Underground Injection Control Program Statutes and Regulations for Well Class VI Incorporated by Reference,” dated May 1, 2025. This compilation would be incorporated by reference into 40 CFR § 147.2200. EPA also proposes to codify a table in 40 CFR § 147.2200 listing the EPA-approved Texas statutes and regulations that contain standards, requirements, and procedures applicable to owners or operators of Class VI wells that EPA would incorporate by reference. Any provision of these statutes and regulations that does not contain standards, requirements, or procedures applicable to owners or operators of Class VI wells is not incorporated by reference.

As to the effect of approval, EPA would oversee Texas’ administration of its Class VI program in addition to continuing to oversee Texas’ administration of its existing UIC programs for Class I, II, III, IV, and V wells. EPA will continue to require quarterly reports on instances of permittee non-compliance and annual UIC performance reports pursuant to 40 CFR § 144.8. The Class VI MOA addendum between EPA and Texas, signed by the EPA Regional Administrator on April 29, 2025, articulates that EPA will oversee the state’s administration of the UIC Class VI program on a continuing basis to assure that its administration is consistent with the program MOAs, UIC grant agreements, state and federal law, and any separate working agreements entered into between the RRC Director and the Regional Administrator as necessary for the administration of the UIC program.

Public Comments and Hearing EPA will hold one virtual hearing during the comment period after publishing an agenda listing pre-registered speakers. Speakers will have 3 minutes each. Based on EPA’s website, the hearing will be on July 24, 2025 at 5 pm CST and ending at 8 pm CST. The comment period will close on July 31, 2025. Given these dates, it is expected that publication of the proposal in the Federal Register should occur within the next week.

Further information is available here. 

Abigail Contreras contributed to this article