The U.S. Environmental Protection Agency (EPA) has formally granted the State of Texas primary enforcement authority - or "primacy" - over Class VI underground injection wells under the Safe Drinking Water Act (SDWA), a decision that shifts key permitting powers from the federal government to the state level.

The final rule enables the Texas Railroad Commission to oversee Class VI wells, which are primarily used for the long-term storage of carbon dioxide as part of carbon capture and storage (CCS) initiatives. Texas now becomes the sixth state to receive this authority, and the fifth approved during President Donald Trump’s current administration.

“This action recognizes that Texas is best positioned to protect its underground sources of drinking water while bolstering economic growth and energy dominance,” the EPA said in a statement.

The move aligns with EPA Administrator Lee Zeldin’s efforts to streamline permitting and reduce bureaucratic delays, a key focus of the Trump administration’s “Powering the Great American Comeback” initiative.

“Approving Texas’ request to be in charge of this critical program is a big step forward for cooperative federalism—as big as the state of Texas,” said EPA Region 6 Administrator Scott Mason. “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.”

Texas officials and congressional leaders hailed the decision as a long-overdue shift in regulatory control. Railroad Commission Chairman Jim Wright emphasized the state’s geological expertise and experience with energy oversight.

“Obtaining Class VI primacy marks an important step forward for our state’s energy sector and our citizens,” Wright said, thanking the EPA and Trump administration for reducing regulatory overlap.

U.S. Senator John Cornyn (R-TX) also supported the move, citing efficiency in the permitting process and economic benefits.

“This will allow the Lone Star State to have more control over its own permitting process,” said Cornyn. “I thank the Trump administration and EPA Administrator Zeldin for prioritizing this effort.”

Senator Ted Cruz (R-TX) echoed that sentiment, calling Class VI well development "critical to energy innovation."

“This decision reaffirms that the Railroad Commission of Texas, not the bureaucracy in D.C., is best equipped to manage the permitting of wells in the Lone Star State,” Cruz stated.

Multiple members of Texas’s congressional delegation, including Reps. Brian Babin, Dan Crenshaw, Jake Ellzey, and August Pfluger, praised the decision as both pro-environment and pro-economy.

“This improved process not only safeguards our drinking water but also promotes economic growth in Texas and across the nation,” said Rep. Craig Goldman (R-TX-12).

Under the Safe Drinking Water Act, Class VI wells are used specifically for geologic sequestration of carbon dioxide—a key component of CCS technology aimed at reducing greenhouse gas emissions. Granting a state primacy means that the state has met federal standards and can now independently issue permits and enforce regulations for those wells.

EPA stated that Texas met all legal and technical requirements, following a comprehensive review supported by additional resources from the Federal Permitting Improvement Steering Council. The Railroad Commission will now administer permits for all six classes of UIC wells (I through VI).

The final rule will take effect 30 days after its publication in the Federal Register. However, publication may be delayed due to an ongoing lapse in federal government funding.

With this decision, Texas is expected to see faster permitting, increased investment in CCS technologies, and greater autonomy in environmental oversight. EPA officials noted that this change also helps eliminate the permitting backlog and reflects the agency’s broader efforts to streamline federal processes under Administrator Zeldin.

“Delays at the federal level have slowed down critical carbon capture projects,” said Rep. Jake Ellzey (R-TX-6). “This action puts decisions back in the hands of experts who understand Texas’ geology, economy, and commitment to protecting our water resources.”