In recent news, the EPA has granted the Texas Railroad Commission primacy over Class VI underground injection wells under the Safe Drinking Water Act. Effective December 15, 2025, Texas now has primary authority to issue and enforce permits for wells used to sequester CO₂ underground — a key part of carbon capture and storage (CCS) projects.
This shift is expected to streamline permitting and bolster CCS development, a technology supported by federal tax incentives like Section 45Q, while EPA retains federal oversight. This also marks a significant milestone for CCS deployment — particularly in states with strong industrial and energy infrastructure like Texas.

Sources:
https://www.epa.gov/newsreleases/epa-grants-state-texas-primacy-protect-underground-water-resources
https://www.jdsupra.com/legalnews/texas-granted-primacy-over-class-vi-1481508/
https://www.rrc.texas.gov/about-us/faqs/primacy-faq/





