Beyond Primacy: Building a Sustainable Carbon Management Economy

The Environmental Protection Agency (EPA) has granted Texas primacy, or authority, over the permitting and regulation of Class VI wells that store carbon dioxide underground permanently. 

Now, the responsibility for the Class VI program falls squarely in Texas’ hands. 

Carbon storage, or geologic sequestration, is an essential tool for reducing emissions, protecting public health, and ensuring that Texas’ economy remains competitive in a decarbonized future. Primacy marks the beginning of a new era of state leadership that must be defined by strong safeguards, transparency, and sustainable outcomes. 

Class VI wells are regulated at the federal level by the EPA under the Safe Drinking Water Act which narrowly focuses on protecting underground sources of drinking water, and sets minimum requirements for well siting, construction, operation, monitoring, and closure. If states want to regulate these wells, they must apply for primacy. 

That’s precisely what Texas did, largely at the direction of the Texas Legislature. 

Now, with primacy granted, the Railroad Commission of Texas (RRC) will assume direct responsibility for permitting, monitoring, and enforcement of Class VI wells while EPA maintains oversight. This shift allows the state to streamline permitting and tailor implementation to state conditions as long as the program remains in compliance with federal rules. 

But primacy is only the beginning.  

Meeting EPA’s baseline requirements is necessary, but not sufficient, for Texas to lead globally in carbon management. More than simply checking regulatory boxes, success will depend on how intentionally the RRC integrates economic opportunity and environmental stewardship into the Class VI program.  

In our comments to EPA, HARC outlined several principles that can help ensure Texas’ Class VI program not only meets federal standards but is also more protective of natural resources and public health. These include: 

• Durable Emissions Reductions. Carbon storage must be permanent. Strong monitoring and verification frameworks are essential to ensure that CO₂ stays underground and delivers real climate benefits over predictable timescales. 
• Natural Resource Protection. Safeguards should extend beyond protecting underground sources of drinking water to include land, air, and ecosystems. 
• Stakeholder Engagement. Notice is not enough. Stakeholders must be engaged early and meaningfully, and their concerns should shape program or project decisions. Carbon storage can be a durable climate solution, but only if local stakeholders see tangible benefits, understand the risks, and believe the process is fair. 
• Policy and Market Alignment. Strong and durable regulation will spark innovation and investment while maintaining strong public and environmental protections. 
• Transparency. Public access to data and program information is critical for accountability, continuous improvement, and industry and community trust.

Texas has many of the necessary ingredients to become a global leader in carbon storage and management: good geology, deep industry expertise, and existing infrastructure. Primacy can accelerate this development, but speed must not come at the expense of safety or sustainability. Striking this balance is the crux of RRC’s challenge now that primacy has been awarded. 

If successful, the state will secure the public trust needed to drive state and global innovation and create a sustainable carbon management economy.