Will Texas carbon storage primacy spark a world-class permitting and enforcement program, or will it merely check the boxes? Only time will tell – and the world is watching

• With EPA granting Texas primacy over Class VI wells, the state now controls permitting and oversight of underground carbon storage — and must prove it can enforce strong, science-based standards that protect people, water and climate.
• To build global credibility and public trust, the Railroad Commission should strengthen monitoring, seismic risk management, enforcement capacity and community engagement — ensuring Texas’ carbon storage program is transparent, accountable and safe from the start.

As expected, the U.S. Environmental Protection Agency this week granted Texas primacy over Class VI wells under the Underground Injection Control program. This means that Texas — and not the federal agency — will directly administer the permitting, enforcement and oversight of underground carbon storage facilities in the state.

While there’s no substitute for electrification, fuel switching and energy efficiency — which can achieve much of the emission reductions needed in our state — carbon sequestration also has a significant role to play in Texas. High levels of industrial emissions, significant economically viable pore space and deep industry expertise in doing this type of work coupled with increasing interest in low-carbon value chains for commodities produced here means carbon storage can be a huge player in climate solutions here. The Intergovernmental Panel on Climate Change has concluded with high confidence that “[i]f the geological storage site is appropriately selected and managed, it is estimated that the [carbon dioxide] can be permanently isolated from the atmosphere.” This is easier said than done. Implementing and enforcing a robust Class VI permitting program is a critical ingredient that can help Texas agencies and operators ensure sites are “appropriately selected and managed” and meet permanence expectations.

Texas certainly has the industry and technical expertise to build a credible, science-based oversight program that delivers the environmental and public safety protection required by law, though doing so will demand advancements beyond EPA’s minimum requirements. And Texas has a far from perfect history in independently enforcing strong standards and holding industry accountable for a high bar of performance. So, now starts the critical test of whether the Texas Railroad Commission (the agency that will administer the process) will step up to this task and bolster both global credibility and local public trust in the program.

In other words, getting primacy was Step One. Now, Texas has to deliver. 

We’ve learned a lot in the 15 years since the federal Class VI program was adopted, both technically and with respect to specific community concerns.  If Texas wants to lead — if it wants to help industry continue to prove that commercial CO2 storage can be done with environmental integrity and be safe and permanent — it must commit to a stronger, smarter and more transparent regulatory approach.

During the EPA’s public comment period, EDF submitted a collection of eleven recommendations we believe will put Texas on the best path to meeting this objective.  As the Texas Railroad Commission moves forward, EDF will continue to work with Texas regulators and elected officials to ensure the RRC builds and implements the best possible program. 

In doing so, we’ll focus on four primary areas.

Aim higher than minimum standards

The EPA’s authority to regulate underground injection projects like carbon sequestration predominantly turns on preventing impacts to underground sources of drinking water — not every surface or subsurface issue that may arise — meaning Class VI standards are a strong foundation for environmental integrity for carbon storage, but not the final word. There’s much to be learned from both real-time experience and leading research on what best practices look like for subsurface activities to avoid impacts like felt earthquakes, containment leaks that don’t reach groundwater and over-pressurization, and much of that expertise is here in Texas. The RRC has the ability and, now, the authority to build a stronger-than-baseline technical program that protects more than just groundwater if it has the will to do it.

Specifically, EDF’s comments recommended that Texas:

• Update monitoring well standards to reflect knowledge learned from recent incidents at ADM’s well in Decatur, IL.
• Issue clear public guidance on how RRC will address seismic risks that may fall below EPA’s threshold for storage complex integrity but could still cause felt earthquakes.
• Adopt more protective and proactive approaches to identifying undocumented wells in areas of review.
• Adopt rules or establish guidance to prevent adverse impacts to storage facilities from other subsurface activities. 
• Assess the limitations of ‘pressure space’ in addition to pore space and risks that may increase as more projects come online.

Strong oversight and enforcement

Much of the excitement around Class VI primacy seems to stem from a desire to expedite the permitting process. But Texas’ program must not sacrifice oversight for speed, or it risks cutting corners and unsafe projects. We’ve seen with the Class II program how things can go wrong quickly if a flood of projects overwhelms staff and impacts enforcement, from seismicity to sinkholes. The RRC has to get Class VI right from the start and avoid repeating the mistakes of the past with other injection programs. 

Specifically, EDF’s comments recommended that Texas:

• Ensure the RRC has enough funding and trained staff to safely oversee the Class VI program.
• Avoid changing liability laws in a way that reduces RRC’s authority to enforce Safe Drinking Water Act requirements.

Avoid backsliding

Primacy also gives Texas a bigger decision-making role when it comes to less clear and untested aspects of the Class VI program, such as how it will apply in coastal waters or at what point other types of wells that inject carbon need to upgrade to Class VI standards. It’s vital that the RRC avoid backsliding when it comes to answering these questions and, instead, show leadership in requiring best practices that provide the strongest protections for communities and the environment. 

Specifically, EDF’s comments recommended that Texas:

• Provide more formalized guidance or additional rulemaking to clarify how the RRC will make decisions on when and how other carbon injection wells, like enhanced oil recovery wells, can or must meet Class VI requirements.
• Apply full Class VI rules to projects in coastal or state-water areas, even if underground sources of drinking water aren’t present, to prevent integrity loss.

Safety and people first

Lost in many discussions of primacy are safety and people — a core reason to have rules and regulations in the first place. Done right, carbon storage in Texas can provide many benefits — energy, climate, landowner revenue and others. Yet the RRC must ensure we do not chase these benefits at the expense of public safety and the people who will be affected by these new facilities. 

Specifically, EDF’s comments recommended that Texas:

• Strengthen emergency planning and coordinate with local responders.
• Build a stronger public engagement program, including mandating outreach and public information sharing.

EDF stands ready to help — and to hold to account

We are cautiously optimistic that the RRC can and will, and in some cases may already, exceed the federal Class VI requirements. With primacy, Texas now has a responsibility to further build public, corporate and investor confidence in carbon management technologies. And doing so will require a stronger, smarter and more transparent regulatory approach.

Texas has a chance to get it right from the start. With thoughtful enhancements and a commitment to public accountability, the RRC can build a Class VI program that meets the moment — protecting people, water and climate while supporting economic opportunity. EDF stands ready to support this outcome. But we will also continue to hold regulators and operators accountable to the high standards this work demands.