WASHINGTON, DC — Congressman August Pfluger (TX-11) and Congressman Dan Crenshaw (TX-02) led a letter urging Environmental Protection Agency (EPA) Administrator Lee Zeldin to expedite the review of the Texas Railroad Commission’s (RRC) application for primary enforcement responsibility (“primacy”) of Class VI underground injection control wells. These wells are integral to advancing carbon capture technology across the state.

Currently, the EPA is facing a backlog of more than 160 Class VI well applications, with only eight final permit decisions issued and an average permitting time of three to six years. By granting the RRC authority to oversee Class VI well permitting, project developers would no longer have to rely solely on the EPA’s slow approval process. Instead, they could apply directly to the RRC, an agency with decades of expertise in managing Texas’ diverse and unique geology.

In part, the members wrote, "We believe that prioritizing the review of the RRC’s application will benefit the EPA by establishing a clear precedent for review timelines. This will help streamline the approval process for future applications from other states, facilitate the launch of new CCUS projects, and ensure the implementation of appropriate environmental protections...By reviewing RRC’s application in a timely manner, the EPA will enable more efficient oversight, streamline permitting processes, and foster innovation in the growing field of carbon capture. This will also empower local stakeholders, including energy producers, environmental organizations, and the public, to have a more direct and effective voice in the regulation of these wells, which is vital to maintaining public confidence in the process."

The letter details how the RRC’s application meets all statutory requirements under the Safe Drinking Water Act (SDWA) and underscores the RRC’s robust regulatory frameworks for subsurface injection activities. It further highlights how timely approval of the application will establish a precedent for other states looking to accelerate their own carbon capture initiatives.

See the full letter here or read the full text below.

--

Administrator Zeldin,

We are writing to express our strong support for the Texas Railroad Commission's (RRC) application for primary enforcement responsibility (“primacy”) of Class VI underground injection control (UIC) wells, pursuant to section 1422 of the Safe Drinking Water Act (SDWA). Review of RRC’s primacy application is critical to the timely deployment of carbon capture, utilization, and storage (CCUS) projects not only throughout the state of Texas, but also throughout the country and across the world. These projects will help reduce emissions, provide jobs for hardworking Texans, and drive investments in new and innovative technologies in the State.

The EPA is currently reviewing over 160 Class VI well applications, with only eight final permit decisions issued to date. While the EPA aims to review and make determinations within 24 months, the average time for permit approval is currently between three and six years.

We believe that prioritizing the review of the RRC’s application will benefit the EPA by establishing a clear precedent for review timelines. This will help streamline the approval process for future applications from other states, facilitate the launch of new CCUS projects, and ensure the implementation of appropriate environmental protections.

The RRC has worked extensively with the EPA throughout the pre-application process to ensure that the statutory requirements of the SDWA were met. Additionally, the RRC has demonstrated a long-standing commitment to regulatory excellence and a deep understanding of the unique challenges associated with subsurface injection activities in the state. With decades of experience in regulating energy production and environmental stewardship, the RRC has the technical expertise, infrastructure, and local knowledge required to effectively oversee the administration of Class VI wells.

Class VI wells, which are designed to inject carbon dioxide (CO2) for the purpose of geologic ₂ sequestration, have significant potential in mitigating emissions. The RRC has developed and implemented robust regulatory frameworks that align with federal standards while incorporating the specific geologic and operational characteristics of the state. The RRC’s application demonstrates its readiness to responsibly oversee the implementation and monitoring of these critical projects.

By reviewing RRC’s application in a timely manner, the EPA will enable more efficient oversight, streamline permitting processes, and foster innovation in the growing field of carbon capture. This will also empower local stakeholders, including energy producers, environmental organizations, and the public, to have a more direct and effective voice in the regulation of these wells, which is vital to maintaining public confidence in the process.

We strongly believe that the RRC is well-equipped to manage the regulation of Class VI wells, ensuring they are operated safely, effectively, and with a strong commitment to environmental protection. We encourage the EPA to quickly review this application and continue supporting state-level leadership in environmental regulation. Thank you for your consideration.

We look forward to your favorable response and continued efforts to protect public health and the environment.

Sincerely,