Texas Commission Proposes Rules to Implement Oversight of Carbon Dioxide Injection Wells

The Texas Railroad Commission (RRC) has proposed rule amendments that would eventually allow the state to take over the approval of Class VI injection wells used to sequester carbon dioxide, a prerequisite to asking the Environmental Protection Agency (EPA) to give the state primacy over Class IV well permitting. If the EPA grants the RRC primacy, operators will need to submit permits only to the commission rather than to both agencies. This would speed up the process that sometimes takes years to complete. The application is in response to legislation enacted last year that directs the commission to seek the authority to enforce and administer Class VI wells for onshore geological storage and associated injection.

Under the current process, EPA must review the commission’s Class VI program for geologic sequestration of carbon, which requires that a state’s program meet the minimum federal requirements. EPA protects underground sources of drinking water by regulating the injection of fluids underground for storage or disposal. The Safe Drinking Water Act and the Underground Injection Control program provide the primary regulatory framework.

Until 2010, EPA regulated five classes of wells according to the type of fluid injected, the depth of injection, and the potential to endanger underground water sources. The agency created a sixth well class — Class VI — specifically to regulate the injection of CO2 into deep subsurface rock formations.

In the proposed amendments, various sections of RRC rules would be modified, including those detailing the applicability of the regulations, application requirements, notice and hearing requirements, permit standards and reporting, and recordkeeping. As investors, lawmakers, and the public demand more action to mitigate climate change, carbon capture, and storage projects are gaining popularity. The process involves capturing carbon dioxide emissions from industrial sites and storing them underground.

RRC Chief Geologist Leslie Savage said that carbon dioxide levels in the atmosphere and their impacts on the environment have received considerable attention and injection wells of Class VI might contribute to the solution by trapping excess CO2 within geologic formations. She believes that the program will simplify the process and allow for the timely issuance of Class VI permits.

The RRC’s application will be open for public comment until June 20 before the EPA makes its decision.