Furthermore, the Oct. 5, 2026 letters, say both CapturePoint and SNR can request hearings at which they can present evidence contesting the alleged violations of the SDWA. However, EPA also says the companies can also cease using the injection wells Drew 1 and 45-W26 for underground injection of fluids, and take one of the following actions within 90 days—except where noted—after the effective date of EPA issuing a final administrative order. Those actions are:

• Repair the injection wells and successfully demonstrate mechanical integrity.
• Complete the proper plugging and abandonment of the wells.
• Convert the injection wells to production use.
• Submit copies of completed plugging reports or completed work reports showing conversion to production to the EPA, and to the Bureau of Indian Affairs Osage Agency within 120 days after the effective date of a final administrative order.

While the EPA has not publicly identified the methods used by CapturePoint or SNR to conduct CO 2 management and enhanced oil recovery, the Department of Energy (DOE) says the water alternating gas (WAG) method—which pumps CO 2 down injection wells—is generally used. 

Under the WAG method, CO 2 is injected into the reservoir rock of an existing oil field to recover more oil and natural gas than would otherwise have been produced, DOE says.

The injected CO 2 trades places with oil that is released from minute pore spaces within the reservoir rock, and that exchange results in the CO 2 becoming trapped by capillary pressure within this same pore space, dissolving in the residual fluids present in the pore space, or eventually becoming mineralized, with the trapping of CO 2 during the EOR process is incidental to the primary purpose of producing oil, DOE says.

In addition to enabling CapturePoint and SNR to respond to the allegations, the EPA is also accepting written comments from the public on the alleged violations of the SDWA by both companies, and such comments might be used to determine the EPA’s final action in this matter.

Members of the public who wish to forward comments to the EPA need to include the docket number for each company with the docket number for CapturePoint being SDWA-06-2026-1129, and for SNR being SDWA-06-2026-1128. Send comments to Lorena Vaughn, Regional Hearing Clerk (6RC-D), EPA Region 6, 1201 Elm St., Suite 500, Dallas, Texas  75270-2102 (vaughn.lorena@epa.gov). For additional information, contact Uma Lad at lad.uma@epa.gov or at 214-665-8563.

As of press time officials from CapturePoint or SNR have not responded to questions from The Driller.