The US Environmental Protection Agency (EPA) announced a final rule approving Texas’ request to administer permitting for Class VI underground injection wells under the Safe Drinking Water Act (SDWA). This approval allows Texas to implement underground injection control (UIC) programs covering all well types.
Class VI wells are used to inject carbon dioxide for storage. Primacy refers to primary enforcement responsibility associated with implementing EPA-approved UIC programs. Texas plans its enforcement to be handled by the Texas Railroad Commission, the state’s oil and gas regulating agency.
“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.
After conducting a comprehensive technical and legal review, the 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 SDWA.
“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,” said EPA Regional Administrator Scott Mason.
The SDWA requires the EPA to develop UIC program requirements that protect underground sources of drinking water from endangerment. The assignment of primacy to Texas marks the sixth time a state has received primacy for Class VI wells. The other states with primacy for Class VI wells are Arizona, Louisiana, North Dakota, West Virginia, and Wyoming.
“Texas is a leader in energy production, and part of that is pioneering carbon capture and storage practices,” said Sen. John Cornyn (R-Texas). “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.”