The rule positions the Railroad Commission of Texas as the primary permitting authority over Class VI wells and could expedite CCS projects in the state.

By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, Nolan Fargo, and Samantha Yeager

The US Environmental Protection Agency (EPA) has approved Texas’s application to assume primary enforcement responsibility, or “primacy,” for Class VI underground injection control (UIC) wells within the state. Class VI UIC wells are used for the permanent geologic sequestration of carbon dioxide in deep underground rock formations. Under the final rule, the Railroad Commission of Texas (RRC) will become the permitting authority for Class VI wells statewide. For more details on the proposed rule to grant Texas primacy, see this Latham blog post.

EPA’s approval follows a comprehensive technical and legal review of Texas’s program revision application, which concluded that the state’s statutes, regulations, and administrative framework for permitting and regulating Class VI UIC wells meet the federal requirements under the Safe Drinking Water Act. Texas already administers UIC programs for other well classes. The Texas Commission on Environmental Quality oversees Class I (deep waste disposal), III (mineral extraction), IV (hazardous waste in groundwater cleanup), and V (non-hazardous fluid disposal) wells. The RRC oversees certain Class V wells (shallow geothermal injection wells) and Class II (oil and gas waste disposal and enhanced oil recovery wells).

Class VI primacy could accelerate permitting for carbon capture and storage (CCS) projects by leveraging local technical expertise and Texas’s established regulatory infrastructure.

Federal and State Support for Texas Primacy

The final rule garnered support from federal and state officials, who emphasized the potential benefits of granting Texas primacy. RRC Chairman Jim Wright called it “an important step forward for [the] state’s energy sector” that could serve “to reduce regulatory overlap.” According to Senator John Cornyn, primacy allows Texas “to have more control over its own permitting process and improve efficiency.”

The RRC reports that it has already received 18 Class VI UIC well applications and is aware of additional projects being planned across the state.

Broader Trend

Texas joins a growing list of states with Class VI primacy, including Louisiana, North Dakota, West Virginia, and Wyoming. Most recently, EPA granted Arizona primacy for all UIC well classes. These approvals underscore a broader national trend toward state-level administration of CCS permitting.

What’s Next

EPA’s final rule will take effect December 15, 2025. Project proponents should track the RRC’s Class VI program implementation — including application forms, guidance, and timelines — and prepare to participate in state permitting processes.

Latham & Watkins will continue to monitor this area for further developments.