On August 30, 2022, the Texas Railroad Commission approved proposed regulations relating to Class VI wells utilized for injecting and sequestering carbon dioxide in geologic formations. This is an important step towards obtaining primary enforcement authority (or “primacy”) over the Safe Drinking Water Act Underground Injection Control (“UIC”) Class VI well permitting program, which currently lies with the Environmental Production Agency. Wyoming and North Dakota have already obtained primacy over Class VI wells and Louisiana has submitted its primacy application and is expected to achieve primacy within the next year.
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