On November 12, 2025, the U.S. Environmental Protection Agency (EPA) granted the State of Texas Class VI primacy, making Texas the sixth state to receive this authority. Class VI primacy provides granted states primary enforcement responsibility to permit the injection of carbon dioxide (CO2) into deep geologic formations. In the State of Texas, this regulatory authority falls under the Railroad Commission of Texas.
EPA is authorized by the Safe Drinking Water Act (SDWA) to develop requirements and provisions for the Underground Injection Control (UIC) Program. This program regulates the injection of fluids (such as water, wastewater, brines from oil and gas production, and CO2) into the subsurface for storage or disposal across the country. The main goal of the UIC Program is the protection of aquifers. Class VI wells are one of six classes of injection wells regulated under the UIC Program.
Texas joins Arizona, Louisiana, North Dakota, West Virginia, and Wyoming as the only states with Class VI primacy.
Stay tuned as NASEO will soon release a “Program in a Box” that dives deeper into the Class VI primacy application and program management processes.