Proposed Rule2025-10957
Texas Underground Injection Control (UIC) Program; Class VI Primacy
Primary source
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Published
June 17, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA or the Agency) has received a complete Underground Injection Control (UIC) program revision application from the State of Texas, requesting primary enforcement responsibility (primacy) for Class VI injection wells under Safe Drinking Water Act (SDWA) section 1422. The EPA's approval would allow the Railroad Commission of Texas (RRC) to issue and enforce compliance with UIC Class VI permits for injection wells used for geologic carbon sequestration. In this action, the EPA proposes to approve Texas' application to implement the UIC program for Class VI injection wells located within the State, except those on Indian lands.
Full Text
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<title>Federal Register, Volume 90 Issue 115 (Tuesday, June 17, 2025)</title>
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[Federal Register Volume 90, Number 115 (Tuesday, June 17, 2025)]
[Proposed Rules]
[Pages 25547-25552]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-10957]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2025-0157; FRL 12672-01-OW]
Texas Underground Injection Control (UIC) Program; Class VI
Primacy
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency)
has received a complete Underground Injection Control (UIC) program
revision application from the State of Texas, requesting primary
enforcement responsibility (primacy) for Class VI injection wells under
Safe Drinking Water Act (SDWA) section 1422. The EPA's approval would
allow the Railroad Commission of Texas (RRC) to issue and enforce
compliance with UIC Class VI permits for injection wells used for
geologic carbon sequestration. In this action, the EPA proposes to
approve Texas' application to implement the UIC program for Class VI
injection wells located within the State, except those on Indian lands.
DATES: Comments must be received on or before August 1, 2025. Public
hearing: The EPA will hold one virtual public hearing during the
comment period. Please refer to the SUPPLEMENTARY INFORMATION section
for additional information on the public hearing.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2025-0157 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Kyle Carey, Drinking Water
Infrastructure Development Division, Office of Ground Water and
Drinking Water (4606M), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-2322; or Lisa Pham, UIC/Groundwater Section, Water Division, Region
6, U.S. Environmental Protection Agency, 1201 Elm Street, Suite 500,
Dallas, Texas 75270; telephone number: (214) 665-8326; fax: (214) 665-
6490. Both can be reached by emailing <a href="/cdn-cgi/l/email-protection#386d717b484a5155595b41785d4859165f574e"><span class="__cf_email__" data-cfemail="a2f7ebe1d2d0cbcfc3c1dbe2c7d2c38cc5cdd4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
A. Written Comments
B. Participation in Public Hearing
C. Public Participation Activities Conducted by Texas
II. Introduction
A. UIC Program and Primary Enforcement Authority (Primacy)
B. Class VI Wells Under the UIC Program
C. Texas UIC Program
III. Legal Authorities
IV. The EPA's Evaluation of Texas' Program Revision Application
A. Background
B. Summary of the EPA's Comprehensive Evaluation
V. The EPA's Proposed Action
A. Incorporation by Reference
VI. Statutory and Executive Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
VII. References
I. Public Participation
A. Written Comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2025-
0157, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to the
EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. If you wish to submit CBI, contact Lisa Pham
using the contact information available in the FOR FURTHER INFORMATION
CONTACT section. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.
B. Participation in Public Hearing
The EPA will hold one virtual public hearing during the public
comment period. To register to speak at the virtual hearing, please use
the online registration form available at <a href="https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx">https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx</a> or
contact us by email at <a href="/cdn-cgi/l/email-protection#e2b7aba192908b8f83819ba2879283cc858d94"><span class="__cf_email__" data-cfemail="a9fce0ead9dbc0c4c8cad0e9ccd9c887cec6df">[email protected]</span></a>. One week prior to the public
hearing, the EPA will post a general agenda for the hearing that will
list pre-registered speakers in approximate order at: <a href="https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx">https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx</a>. Please refer to <a href="https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx">https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx</a> for additional updates,
including the date and time, related to this public hearing.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule. Each
commenter will have three minutes to provide oral testimony. The EPA
encourages commenters to provide the EPA with a copy of their oral
testimony electronically by emailing it to <a href="/cdn-cgi/l/email-protection#bce9f5ffccced5d1dddfc5fcd9ccdd92dbd3ca"><span class="__cf_email__" data-cfemail="33667a7043415a5e52504a735643521d545c45">[email protected]</span></a>. The EPA
also recommends submitting the
[[Page 25548]]
text of your oral comments as written comments to the rulemaking
docket. The EPA will make every effort to accommodate all speakers who
register, although preferences on speaking times may not be able to be
fulfilled.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral comments and
supporting information presented at the public hearing.
Updates on the virtual hearing logistics will be posted online at
<a href="https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx">https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx</a>. Please contact Kyle Carey at (202) 564-2322 or email
<a href="/cdn-cgi/l/email-protection#9cc9d5dfeceef5f1fdffe5dcf9ecfdb2fbf3ea"><span class="__cf_email__" data-cfemail="93c6dad0e3e1fafef2f0ead3f6e3f2bdf4fce5">[email protected]</span></a> with any questions about the virtual hearing. The
EPA does not intend to publish a document in the Federal Register
announcing updates related to the public hearing. If you require the
services of an interpreter or special accommodations such as audio
description, please pre-register for the hearing at <a href="https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx">https://www.epa.gov/uic/underground-injection-control-epa-region-6-ar-la-nm-ok-and-tx</a> and describe your needs at least one week prior to the public
hearing date. The EPA may not be able to arrange accommodations without
advance notice.
C. Public Participation Activities Conducted by Texas
The RRC proposed regulations for the geologic storage of carbon
dioxide (CO<INF>2</INF>) in a notice and request for comment published
on its website on September 29, 2010, and in the Texas Register on
October 15, 2010. On December 17, 2010, the RRC responded to comments
and adopted final regulations (16 Tex. Admin. Code Sec. Sec. 5.101-
5.308). On March 20, 2012, the RRC proposed amendments to its
CO<INF>2</INF> geologic storage regulations. The RRC provided notice of
these proposed amendments through the Texas Register on April 6, 2012,
and held a 31-day comment period closing on May 7, 2012. The RRC issued
a response to comments and notice of the adoption of the final
amendments to the regulations in the Texas Register on June 29, 2012.
The RRC proposed additional amendments to its CO<INF>2</INF>
geologic storage regulations in 2022 as part of its effort to develop
and submit a program revision application to receive primacy for the
Class VI UIC program. The RRC published notice of the proposed
amendments and a 31-day opportunity for public comment in the Texas
Register on May 20, 2022. The RRC held a public hearing on the proposed
regulatory amendments via webcast on June 14, 2022. The RRC received 17
comments on the proposed amendments, five from industry associations
(the Greater Houston Partnership, NARO-Texas, the Permian Basin
Petroleum Association, the Texas Industry Project, and the Texas Oil
and Gas Association), ten from companies or organizations, two from
individuals, and one comment submitted on behalf of 37 Texas-based
organizations and individuals. Comments on the regulations covered
technical, administrative, and procedural requirements, some of which
resulted in changes to the proposed amendments. Most commenters
expressed support for Texas' planned program revision application
requesting primacy for the Class VI program. However, one commenter
requested Texas withdraw its anticipated application based on the
commenter's criticisms of the RRC's oversight and enforcement of the
programs it currently implements. The RRC issued a response to comments
and notice of the adoption of the amendments in the Texas Register on
September 16, 2022.
In response to preliminary feedback from the EPA (as part of the
EPA's standard primacy application review process), the RRC proposed
additional amendments to its CO<INF>2</INF> geologic storage
regulations. The RRC provided notice of the proposed amendments and an
opportunity for public comment through July 31, 2023, on the RRC
website on June 15, 2023, and in the Texas Register on June 30, 2023.
The RRC received 30 comments on the proposed amendments, six from
industry associations (Greater Houston Partnership, Reliable Energy
Alliance, Texas Chapter of National Association of Royalty Owners,
Texas Chemical Council, Texas Industry Project, and the Texas Oil and
Gas Association), two from organizations (Environmental Defense Fund
and Commission Shift), 21 from individuals and one on behalf of 31
Texas-based organizations and individuals. Some of the comments
expressed support for Texas' program revision application requesting
primacy for the Class VI program. Other comments expressed concern
about the process of and potential environmental and public health
impacts from the injection and geologic storage of CO<INF>2</INF>. Some
commentors requested Texas withdraw its application for Class VI
primacy. In addition, the RRC received comments on the proposed
amendments to the State regulations regarding the technical,
administrative, and procedural requirements, some of which resulted in
changes to the proposed amendments. The RRC issued a response to
comments and notice of the adoption of the amendments to the
regulations in the Texas Register on September 8, 2023.
Documentation of Texas' public participation activities, including
comments received and responses by the RRC, can be found in the EPA's
Docket ID No. EPA-HQ-OW-2025-0157.
II. Introduction
A. UIC Program and Primary Enforcement Authority (Primacy)
The SDWA protects public health by regulating the nation's public
drinking water supply, including both surface and groundwater sources.
The SDWA requires the EPA to develop minimum requirements for effective
State and Tribal UIC programs to prevent underground injection of
fluids (such as water, wastewater, brines from oil and gas production,
and carbon dioxide) from endangering underground sources of drinking
water (USDWs). In general, USDWs are aquifers or parts of aquifers that
supply a public water system or contain enough groundwater to supply a
public water system. See 40 CFR 144.3 (defining USDW).
The EPA's UIC program regulates various aspects of an injection
well project. These include technical aspects throughout the lifetime
of the project from site characterization, construction, operation, and
testing and monitoring through site closure, as well as permitting,
site inspections, and reporting to ensure well owners and operators
comply with UIC permits and regulations.
SDWA section 1421 directs the EPA to establish requirements that
States, territories, and federally recognized Tribes (hereafter
referred to as applicants) must meet to be granted primary enforcement
responsibility or ``primacy'' for implementing a UIC program, including
a Class VI program. 42 U.S.C. 300h. An applicant seeking primacy under
SDWA section 1422 for a Class VI program must demonstrate to the EPA
that the applicant's Class VI program meets the Federal requirements
promulgated by EPA pursuant to section 1421 for protecting USDWs. 42
U.S.C. 300h-300h-1. An applicant must demonstrate, among other things,
jurisdiction over underground injection and the administrative, civil,
and criminal enforcement authorities required by the EPA's implementing
regulations. See 40 CFR part 145,
[[Page 25549]]
subpart B. After the EPA approves UIC primacy for a State, the State's
UIC program may be revised with EPA approval. See 40 CFR 145.32. When a
State that already has primacy under SDWA section 1422 seeks to add
Class VI primacy to its existing program, the State's primacy
application and EPA review process takes the form of a program
revision.
The EPA comprehensively evaluates each primacy application in
accordance with SDWA section 1422 to determine whether the State has
satisfactorily demonstrated that it has adopted and will implement a
UIC program that meets applicable regulatory requirements. The EPA
conducts a similar comprehensive evaluation for proposed program
revisions, including a program revision to add Class VI primacy.
B. Class VI Wells Under the UIC Program
Class VI wells are used to inject carbon dioxide into deep rock
formations for the purpose of long-term underground storage, also known
as geologic sequestration. The geologic sequestration of carbon dioxide
in UIC Class VI wells is used as part of carbon capture and storage for
carbon dioxide emissions from industrial sources. Class VI injection
wells are regulated under a SDWA permitting framework that protects
USDWs.
The UIC Class VI program provides multiple safeguards that work
together to protect USDWs. Owners or operators that wish to inject
carbon dioxide underground for the purpose of geologic sequestration
must demonstrate that their proposed injection well and injection
activities will meet all regulatory requirements and receive a Class VI
permit for each well. The UIC Class VI program requires applicants to
meet technical, financial, and managerial requirements to obtain a
Class VI permit, including:
<bullet> Site characterization to ensure the geology in the project
area will contain the carbon dioxide within the zone where it is
authorized to be injected.
<bullet> Modeling to delineate the predicted area influenced by
injection activities through the lifetime of the project.
<bullet> Evaluation of the delineated area to ensure all potential
pathways for fluid movement have been identified and addressed through
corrective action.
<bullet> Well construction requirements that ensure the Class VI
injection well will not leak carbon dioxide.
<bullet> Testing and monitoring throughout the life of the project,
including after carbon dioxide injection has ended. Requirements
include, for example, testing to ensure physical integrity of the well,
monitoring for seismic activity near the injection site, monitoring of
injection pressure and flow, chemical analysis of the carbon dioxide
stream that is being injected, and monitoring the extent of the
injected carbon dioxide plume and the surrounding area (e.g., ground
water) to ensure the carbon dioxide is contained as predicted.
<bullet> Operating requirements (for example, injection pressure
limitations) to ensure the injection activity will not endanger USDWs.
<bullet> Financial assurance mechanisms sufficient to cover the
costs for all phases of the geologic sequestration project including
the post-injection site care period and until site closure has been
approved by the permitting authority.
<bullet> Emergency and remedial response plans.
<bullet> Reporting of all testing and monitoring results to the
permitting authority to ensure the well is operating in compliance with
all permit requirements.
The permitting authority ensures that these protective requirements
are included in each Class VI permit. A draft of each Class VI permit
is made available to the public for comment before the decision is made
whether to issue a final permit.
C. Texas UIC Program
The State of Texas received primacy for Class I, III, IV, and V
injection wells under SDWA section 1422 on January 6, 1982 (47 FR 618)
and for Class II injection wells under SDWA section 1425 on April 23,
1982 (47 FR 17488). On February 20, 2025, Texas applied to the EPA
under SDWA section 1422 for primacy for Class VI injection wells
located within the State, except those located on Indian lands.
III. Legal Authorities
This regulation is proposed under authority of SDWA sections 1422
and 1450, 42 U.S.C. 300h-1 and 300j-9.
SDWA section 1421 requires the EPA Administrator to promulgate
Federal requirements for effective State UIC programs to prevent
underground injection activities that endanger USDWs. 42 U.S.C. 300h.
SDWA section 1422 requires States seeking primacy to demonstrate to the
EPA that the State has adopted (after notice and public hearing) and
will implement a UIC program which meets the requirements that EPA
promulgated under section 1421. Section 1422 also contemplates States
seeking EPA approval for revisions to existing State UIC programs.
For States and Tribes seeking EPA approval for UIC programs or
revisions to existing State and Tribal UIC programs under SDWA section
1422, the EPA has promulgated regulations setting forth the applicable
procedures and substantive requirements. The regulations in 40 CFR part
144 outline general program requirements that each State must meet to
obtain primacy. The regulations in 40 CFR part 145 specify the
procedures the EPA follows when considering applications for primacy,
applications for program revisions, and withdrawing State programs, and
outlines the elements and provisions that a State must include in its
application for primacy or for a program revision. See, e.g., 40 CFR
145.32 (procedures for revision of State programs). The regulations in
40 CFR part 145 also include permitting requirements for State UIC
programs (by reference to certain provisions of 40 CFR parts 124 and
144), compliance evaluation programs, enforcement authority, and
sharing of information between the EPA and the State. The regulations
in 40 CFR part 146 contain the technical criteria and standards
applicable to each well class, including Class VI wells.
IV. The EPA's Evaluation of Texas' Program Revision Application
A. Background
On February 20, 2025, Texas submitted to the EPA a program revision
application to add Class VI wells to the State's SDWA section 1422 UIC
program. The UIC program revision application from Texas includes a
description of the State's proposed UIC Class VI program, copies of all
applicable rules and forms, a statement of legal authority, a summary
of Texas' public participation activities, and an addendum to the
existing Memorandum of Agreement (MOA) between Texas and the EPA's
Region 6 office. The EPA reviewed the application for completeness and
performed a technical evaluation of the application materials.
B. Summary of the EPA's Comprehensive Evaluation
The EPA evaluates applications from primacy authorities to revise
their UIC programs in accordance with SDWA section 1422 and 40 CFR
145.32 to determine whether an applicant has satisfactorily
demonstrated that its proposed program revision meets EPA regulatory
requirements and the SDWA. The EPA conducted a comprehensive technical
and legal evaluation of Texas' program revision application to
determine whether the State's proposed
[[Page 25550]]
UIC Class VI program--including statutes and regulations, program
description, Attorney General statement, and MOA addendum--meets the
requirements of SDWA section 1422 and EPA regulations. Upon review, the
EPA determined that Texas' program revision application demonstrates
that the State has adopted and will implement, a Class VI UIC program
that meets the requirements of 40 CFR parts 144, 145, and 146.
The EPA evaluated Texas' UIC Class VI program description for
consistency with 40 CFR 145.23, which specifies all the information
that must be included as part of the program description. The EPA's
evaluation of the UIC Class VI program description included reviewing
the scope, coverage, processes, and organizational structure of the
proposed Class VI program. The EPA evaluated Texas' permitting,
administrative, and judicial review procedures relevant to Class VI
permits, as well as the State's permit application, reporting, and
manifest forms for Class VI permits. The EPA also reviewed the State's
UIC compliance evaluation program and enforcement authorities and the
State's demonstration that its UIC Class VI program will have adequate
in-house staff or access to contractor support for technical areas
including site characterization, modeling, well construction and
testing, financial responsibility, and regulatory and risk analysis.
The EPA evaluated Texas' Class VI related Attorney General's
statement for consistency with 40 CFR 145.24. In an Attorney General's
statement, the State's top legal officer affirms that applicable State
law (e.g., statutes, regulations, and judicial decisions) provide
adequate authority to administer the Class VI UIC program as described
in the program description and consistent with the EPA's regulatory
requirements for UIC programs. The EPA confirmed that the Texas
Attorney General's statement related to Class VI wells certifies that
the State environmental audit privilege will not affect the ability of
Texas to meet the enforcement and information gathering requirements
under the SDWA.
The EPA determined that the Class VI MOA addendum meets the Federal
requirements at 40 CFR 145.25 for primacy MOAs. The MOA is the central
agreement setting the provisions and arrangements between the State and
the EPA concerning the administration and enforcement of the State UIC
program. The EPA's evaluation of the Class VI MOA addendum included
ensuring that the MOA addendum contained the appropriate provisions
pertaining to coordination, permitting, compliance monitoring,
enforcement, and EPA oversight. For example, the Class VI MOA addendum
specifies that the RRC and the EPA agree to maintain a high level of
cooperation and coordination to assure successful and effective
administration of the UIC Class VI Program.
Texas has demonstrated that it meets all UIC permit requirements
found in 40 CFR 145.11 for Class VI permits. Texas' UIC Class VI
permitting provisions and technical criteria and standards meet the
Federal requirements in 40 CFR parts 124 and 144 through 146. The State
has incorporated necessary procedures, pursuant to 40 CFR 145.12, to
support a robust UIC Class VI compliance evaluation program.
Additionally, Texas has available the necessary civil and criminal
enforcement authorities pursuant to 40 CFR 145.13. Texas' UIC Class VI
regulations regarding permitting, inspection, operation, monitoring,
reporting, and recordkeeping meet Federal requirements found in 40 CFR
parts 145 and 146.
As a result of this comprehensive review, the EPA is proposing to
approve Texas' program revision application because the EPA has
determined that the application meets all applicable requirements for
Class VI primacy approval under SDWA section 1422 and because the State
has demonstrated that it is prepared to implement a UIC program in a
manner consistent with the SDWA and all applicable UIC regulations.
V. The EPA's Proposed Action
A. Incorporation by Reference
The EPA is proposing to approve a revision to the State of Texas
UIC program to give Texas primacy over Class VI injection wells in the
State, except for those located on Indian lands. Texas' statutes and
regulations that are proposed to be incorporated by reference into 40
CFR 147.2200 are publicly available in the EPA's Docket No. EPA-HQ-OW-
2025-0157. If finalized, this action would amend 40 CFR 147.2200 and
incorporate by reference Texas' EPA-approved State statutes and
regulations that contain UIC Class VI standards, requirements, and
procedures applicable to Class VI owners or operators within the State.
Any such provisions incorporated by reference, as well as all permit
conditions or permit denials issued pursuant to such provisions, are
enforceable by the EPA pursuant to SDWA section 1423 and 40 CFR
147.1(e). The EPA will continue to administer the UIC program for Class
I, II, III, IV, V, and VI injection wells on Indian lands. 30 CFR
147.2205. No Tribe currently has UIC primacy for Indian lands within
Texas.
The EPA proposes to incorporate by reference the Texas statutes and
regulations that contain standards, requirements, and procedures
applicable to owners or operators of Class VI wells as a compilation
titled ``Texas SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Class VI Incorporated by Reference,''
dated May 1, 2025. This compilation would be incorporated by reference
into 40 CFR 147.2200 and is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in
the docket for this proposed rule. The EPA also proposes to codify a
table in 40 CFR 147.2200 listing the EPA-approved Texas statutes and
regulations that contain standards, requirements, and procedures
applicable to owners or operators of Class VI wells that the EPA would
incorporate by reference. Any provision of these statutes and
regulations that does not contain standards, requirements, or
procedures applicable to owners or operators of Class VI wells are not
incorporated by reference.
Upon approval, the EPA would oversee Texas' administration of its
Class VI program in addition to continuing to oversee Texas'
administration of its existing UIC programs for Class I, II, III, IV,
and V wells. The EPA will continue to require quarterly reports on
instances of permittee non-compliance and annual UIC performance
reports pursuant to 40 CFR 144.8. The Class VI MOA addendum between the
EPA and Texas, signed by the EPA Regional Administrator on April 29,
2025, articulates that the EPA will oversee the State's administration
of the UIC Class VI program on a continuing basis to assure that such
administration is consistent with the program MOAs, UIC grant
agreements, State and Federal law, and any separate working agreements
which are entered into between the RRC Director and the Regional
Administrator as necessary for the administration of the UIC program.
VI. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive orders
can be found at: <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
[[Page 25551]]
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is exempt from review under Executive Order 12866
because the Office of Management and Budget (OMB) has exempted, as a
category, the approval of State UIC programs. This exemption also
applies to EPA approvals of revisions to existing State UIC programs.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 does not apply because actions that approve
State UIC programs are exempted from review under Executive Order
12866.
C. Paperwork Reduction Act (PRA)
This action will not impose an information collection burden under
the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2040-0042. Reporting or recordkeeping requirements will
be based on Texas' Class VI UIC Regulations, and the State of Texas is
not subject to the PRA.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any burdens on small entities as this action
transfers regulatory authority from the EPA to a State program with
substantially the same requirements.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any State,
local, or Tribal governments or the private sector. The EPA's proposed
approval of Texas' Class VI program will not constitute a Federal
mandate because there is no requirement that a state establish UIC
regulatory programs and because the program is a State, rather than a
Federal program.
F. Executive Order 13132: Federalism
This action does not have Federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This action contains no Federal mandates for
Tribal governments and does not impose any enforceable duties on Tribal
governments. Thus, Executive Order 13175 does not apply to this
proposed action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it approves a State program.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
VII. References
Attorney General's Statement ``State of Texas Office of the Attorney
General Statement of Legal Authority to Administer the State
Underground Injection Control Program for Class VI Wells'', signed
by the Attorney General of Texas on November 11, 2022.
Class VI Underground Injection Control Program Description ``State
of Texas Class VI Underground Injection Control 1422 Program
Description'', Railroad Commission of Texas, February 20, 2025.
Letter from the Governor of Texas to the Regional Administrator, EPA
Region 6, signed on December 12, 2022.
The Memorandum of Agreement Addendum 2 Between the Railroad
Commission of Texas and The United States Environmental Protection
Agency Region 6 for the Class VI UIC Program signed by the EPA
Regional Administrator on April 29, 2025.
State of Texas Railroad Commission of Texas Oil and Gas Division
Class VI UIC Primacy Application, ``Relevant State Statutes and
Regulations'', February 20, 2025
State of Texas Railroad Commission of Texas Oil and Gas Division
Class VI UIC Primacy Application, ``Public Participation
Documentation'', February 20, 2025.
U.S. Environmental Protection Agency. Proposed ``Texas SDWA Sec.
1422 Underground Injection Control Program Statutes and Regulations
for Well Class VI to be Incorporated by Reference.'' May 1, 2025.
Office of Water.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian lands,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA proposes to
amend 40 CFR part 147 as follows:
PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS
0
1. The authority citation for part 147 continues to read as follows:
Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.
0
2. Amend Sec. 147.2200 by:
0
a. Revising the section heading, the introductory text, and paragraph
(a); and
0
c. Adding paragraphs (a)(3), (c)(3) and (4), (d)(3), and (e)(3).
The revisions and additions read as follows:
Sec. 147.2200 State-administered program--Class I, III, IV, V and VI
Wells.
The UIC program for Class I, III, IV, and V wells in the State of
Texas, except for those wells on Indian lands, and except for Class III
brine mining wells and certain Class V wells, is the program
administered by the Texas Commission on Environmental Quality approved
by EPA pursuant to section 1422 of the Safe Drinking Water Act (SDWA).
Notice of the original approval for Class I, III, IV, and V wells was
published in the Federal Register on January 6, 1982, and became
effective February 7, 1982. Class V geothermal wells and wells for the
in-situ combustion of coal are regulated by the Railroad Commission of
Texas under a separate UIC program approved by EPA pursuant to section
1422 of SDWA and published in the Federal Register and effective on
April 23, 1982. A subsequent program revision application for Class I,
III, IV, and V wells, not including Class III brine mining wells, was
approved by the EPA pursuant to section 1422 of SDWA. Notice of this
approval was published in the Federal Register on February 25, 2004,
with an effective date of March
[[Page 25552]]
26, 2004. The UIC program for Class III brine mining wells in the State
of Texas, except for those wells on Indian lands, is the program
administered by the Railroad Commission of Texas. A program revision
application for Class III brine mining wells was submitted by Texas and
approved by EPA pursuant to section 1422 of SDWA. Notice of that
approval was published in the Federal Register on February 26, 2004,
effective March 29, 2004. The UIC Program for Class VI wells in the
State of Texas, except those located on Indian lands, is the program
administered by the Railroad Commission of Texas, approved by the EPA
pursuant to section 1422 of the SDWA. The effective date of this
program is [DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN
FEDERAL REGISTER]. The UIC program for Class I, III, IV, V, and VI
wells in the State of Texas, except those located on Indian lands,
consists of the following elements, as submitted to EPA in the State's
program application and program revision applications.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made part of the applicable UIC program
under SDWA for the State of Texas. This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies of the State of Texas'
provisions that are incorporated by reference may be inspected at the
U.S. Environmental Protection Agency, Water Docket, EPA Docket Center
(EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC 20004, or the Region VI, Library, U. S. Environmental
Protection Agency, 1201 Elm Street, Suite 500, Dallas, Texas 75270. If
you wish to obtain this material from the EPA Docket Center, call (202)
566-2426. Copies of this material also may be inspected at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call (202) 741-6030, or go to
<a href="http://wwww.archives.gov/federal-register/cfr/ibr-locations">wwww.archives.gov/federal-register/cfr/ibr-locations</a>.
* * * * *
(3) Texas SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Class VI Incorporated by Reference,''
dated May 1, 2025.
Table 1 to Paragraph (a)(3)
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
Texas Administrative Code, Title Carbon Dioxide (CO2).. September 11, 2023.... [DATE OF PUBLICATION OF THE
16, Part 1, Chapter 5. FINAL RULE IN FEDERAL
REGISTER].
Texas Water Code, Title 2, Subtitle Injection Wells....... June 9, 2021.......... [DATE OF PUBLICATION OF THE
D, Chapter 27. FINAL RULE IN FEDERAL
REGISTER].
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) * * *
(3) Class VI Wells. The Memorandum of Agreement Addendum 2 Between
The Railroad Commission of Texas and The United States Environmental
Protection Agency Region 6 for the Class VI UIC Program signed by the
EPA Regional Administrator on April 29, 2025.
(4) Request for program approval. Letter from the Governor of Texas
to the Regional Administrator, EPA Region 6, signed on December 12,
2022.
(d) * * *
(3) Class VI Wells. Attorney General's Statement, ``State of Texas
office of the Attorney General Statement of Legal Authority to
Administer the State Underground Injection Control Program for Class VI
Wells'', signed by the Attorney General of Texas on November 11, 2022.
(e) * * *
(3) Class VI Wells. The Program Description, ``State of Texas Class
VI Underground Injection Control 1422 Program Description Railroad
Commission of Texas''.
[FR Doc. 2025-10957 Filed 6-16-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 17, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.