Texas Now Boss of Underground Carbon Storage Permits
Published Date: 11/14/2025
Rule
Summary
The EPA is giving Texas the green light to take charge of special injection wells that help trap carbon underground, which is great for fighting climate change. Starting December 15, 2025, Texas’ Railroad Commission will handle permits and rules for these wells, making the process smoother for local businesses and communities. This change means Texas can manage these wells directly, but the EPA still oversees wells on Indian lands.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 1 costs, 1 mixed.
Texas Railroad Commission Issues Class VI Permits
Starting December 15, 2025, the Texas Railroad Commission (RRC) will be the permitting authority that issues and enforces Class VI underground injection control permits for wells used to inject and store carbon dioxide in Texas, except for wells on Indian lands. If you plan to own or operate a Class VI injection well in Texas (outside Indian lands), you will apply to the RRC for a Class VI permit after that date.
Texas Class VI Rules Made Federally Enforceable
The EPA incorporated by reference Texas statutes and regulations for Class VI wells into 40 CFR 147.2200, making those State rules enforceable under the Safe Drinking Water Act. The table lists Texas Administrative Code, Title 16, Chapter 5 (state effective date September 11, 2023) and Texas Water Code, Chapter 27 (state effective date June 9, 2021), with EPA approval dated November 14, 2025; the program effective date is December 15, 2025.
EPA Keeps Authority on Indian Lands
The EPA will remain the permitting authority for all Class VI injection wells located on Indian lands within Texas. This rule is effective December 15, 2025, and does not transfer Class VI permitting on Indian lands to the State.
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