The U.S. Environmental Protection Agency (EPA) has officially granted primacy to Texas, giving the state full authority to permit and oversee carbon storage wells within its borders. On November 12, the EPA approved Texas’ long-pending request to oversee permitting for Class VI underground injection wells under the Safe Drinking Water Act. Texas first applied for this authority in December 2022 and now joins Louisiana, North Dakota, West Virginia, Wyoming, and Arizona in leading the next phase of carbon storage development.  

The EPA itself noted that Texas is best positioned to manage these wells in a way that protects water resources while bolstering economic growth and energy leadership. Energy groups, including the Texas Oil and Gas Association, celebrated the landmark decision, emphasizing how “Texas is now poised to lead the world in CCS, which means more investment and more jobs for Texans”.  

Inside a Class VI Well 

Carbon capture and storage is a technology that captures carbon dioxide and stores it deep underground where it cannot reach the atmosphere. This approach has been used safely for decades, with more than 850 million metric tons injected in the United States since the 1970s through enhanced oil recovery. CCS can also help remove legacy carbon from the air, offering a practical tool to lower emissions.   

Class VI wells are specialized injection wells used to inject carbon dioxide deep underground into layers of rock that can safely store it for thousands of years. This process is known as geologic sequestration and is a key part of carbon capture and storage (CCS). Each Class VI well requires a permit to construct, operate, and to close the well. When a state has EPA approved primacy, the state agency issues the permit rather than EPA, allowing reviews to move forward more efficiently. 

Texas gaining primacy streamlines the permitting of these carbon storage wells. Prior to this approval, developers faced a lengthy federal review process for Class VI permits, which often caused multi-year delays for projects. For example, as of November 2025, the EPA has 257 Class VI well permit applications queued up but has issued only 11 permits nationwide since the agency began managing the Class VI program in 2011. In many cases, the federal reviews stretched well beyond the two-year timeline that EPA aims, drawing criticism for slow progress. 

EPA’s granting of state primacy also means projects will no longer need duplicative federal sign-offs. Geologic storage projects in Texas previously needed both a state-issued permit and a federally issued authorization, causing additional bottlenecks toward environmental and economic progress. But going forward, a single Railroad Commission of Texas (RRC) permit will suffice to authorize a Class VI CO2 injection well.   

States with primacy have shown they can move permits faster because they have shorter application backlogs and greater local expertise. When North Dakota gained primacy in 2018, its first approval took around eight months from submission, and Wyoming now approves well applications in under a year, compared to 24 months or longer under federal review. Also, since gaining primacy, Wyoming has issued nine permits, with wells under construction, and North Dakota has approved eight permits, all of which are operational.  

This efficiency stands in sharp contrast to the only 11 permits the EPA has issued since 2011. Texas now has the largest number of Class VI well applications pending awaiting EPA review, underscoring both the importance of securing primacy and the state’s potential to significantly reduce the federal backlog.

A New Era for Texas Energy

With this new authority, the state can move faster to build and permit CCS projects, cutting out redundant bureaucracy and red tape, that will grow the economy, create jobs, and keep Texas at the center of America’s energy future.

For instance, a study conducted by the Texas Association of Business found that carbon capture, utilization, and storage (CCUS) projects could add $1.8 billion to the Texas economy and support about 7,500 full-time jobs. These projects mean more opportunities for workers, stronger local economies, and cleaner air for communities.

CCS also continues to receive strong bipartisan support. For more than a decade, both parties have backed policies that help advance carbon capture technology, from expanding the 45Q tax credit to funding research and pilot projects.

Senator John Cornyn, a big supporter of CCS in the state, underscored the importance of Texas’ new authority:

“Texas is a leader in energy production, and part of that is pioneering carbon capture and storage practices,”

CCS also delivers meaningful emission reductions, particularly in specific industries that cannot mitigate their emissions otherwise. For example, earlier this year at an Environment and Public Works Committee hearing, Chairman Senator Shelley Moore Capito discussed the role CCS plays in meeting emission targets under certain conditions:

“Innovative CCUS technologies will play a critical role in reducing emissions, particularly for facilities that face unique challenges because of their size, location, or industrial application,”

Bottom Line: Class VI wells primacy lets Texas approve CCS projects faster and build on its role as an energy leader. With this authority in place, the state is ready to drive the next chapter of American energy with growth, innovation, and new opportunities for communities across Texas.