What is primacy and why is it important to Texas?

The federal Safe Drinking Water Act allows EPA to grant a state primary enforcement authority or “primacy” to administer and enforce federal environmental programs; in this case it refers to administration of the Class VI Underground Injection Control (UIC) Program.

Gaining state-level control over the permitting process for Class VI wells will streamline permitting processes and allow for better coordination and improved efficiencies as the state administers these programs going forward. The EPA recognized that Texas is best positioned to protect the State’s underground sources of drinking water while advancing economic growth and energy dominance. 

Class VI wells are regulated under an existing, rigorous federal Safe Drinking Water Act framework that manages the permitting process while protecting the environment, supplies of drinking water, public health and safety. There are numerous protections that include construction standards, operating and monitoring requirements, and closure requirements to prevent contamination of underground water sources. 

RRC rules require operators of Class VI wells to have a safety plan that includes emergency response procedures, CO₂ release detection and prevention measures, instructions and procedures for alerting the public and public safety personnel in the case of an emergency. The regulations are in place to protect the health and safety of the public and the environment.

Texas would join Arizona, West Virginia, Louisiana, Wyoming and North Dakota who have already been granted primacy.

To attain Class VI primacy, states must apply to the EPA and demonstrate that they have the legal framework, staffing, resources, and enforcement mechanisms necessary to implement a regulatory program that meets or exceeds federal standards.

Phase I: Pre Application, the EPA meets with states to outline the process and identifies resources for states

Phase II: Application Evaluation and Completeness Determination, the EPA receives, reviews and evaluates application components.

Phase III: Proposed Rulemaking, the EPA publishes a proposed rule indicating intent to approve or disapprove primacy and opens for comments.

Phase IV: Final Rulemaking and Codification, the EPA reviews all comments and issues official approval or disapproval.

The EPA will conduct regular reviews of the state's regulatory program to ensure that the program is effective and that the regulatory program continues to meet or exceed federal standards.

A Class VI well is a well used for the injection of CO₂ into deep underground rock formations for permanent storage, a process known as geologic sequestration or geologic storage.

CO₂ is typically transported safely to Class VI injection sites through pipelines. It is usually captured from “point sources” such as industrial facilities like petrochemical plants, oil refineries, energy production operations such as ethanol plants, hydrogen production facilities, natural gas processing facilities and electric power plants, facilities manufacturing products such as steel, iron, lead, aluminum, ammonia, fertilizer, cement, glass and chemicals, or captured directly from the atmosphere.

Contrary to what many people believe, CO₂ is typically not stored in large underground caverns, caves, or tanks. Instead, CO₂ can be stored deep underground in sedimentary rock formations composed of smaller sediment grains, such as sand or gravel. Additionally, depleted oil and gas reservoirs provide another option for storage due to their well-understood geological properties.

Selecting a suitable Class VI well location to inject CO₂ involves extensive geological and engineering studies to identify suitable underground formations that have the necessary depth, porosity, permeability, and containment characteristics for safe and permanent CO₂ storage.