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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.
Bracewell's cross-disciplinary team of energy lawyers is actively monitoring the full implementation of this new regulatory framework and is available to respond to any questions your company may have regarding Class VI permitting or CCS project development in Texas.
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