[Federal Register Volume 90, Number 218 (Friday, November 14, 2025)]
[Rules and Regulations]
[Pages 51021-51027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19898]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2025-0157; FRL 12672-02-OW]
Texas Underground Injection Control (UIC) Program; Class VI
Primacy Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is approving an
application from the State of Texas (the State) that requests primary
enforcement responsibility (primacy) for Class VI injection wells under
the Safe Drinking Water Act (SDWA) section 1422. The EPA's approval of
the State's UIC program revision application will allow the Texas
Railroad Commission (RRC) to issue and enforce compliance with UIC
Class VI permits for injection wells used for geologic carbon
sequestration. The EPA will remain the permitting authority for Class
VI wells on Indian lands within the State.
DATES: This final rule is effective on December 15, 2025. The
incorporation by reference of certain material listed in this rule is
approved by the Director of the Federal Register as of December 15,
2025. For judicial purposes, this final rule is promulgated as of
December 15, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2025-0157. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through http://www.regulations.gov.
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 [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Federal UIC Program and Primary Enforcement Authority
(Primacy)
B. Class VI Wells Under the UIC Program
II. Legal Authorities
III. Texas' Application for UIC Class VI Primacy
A. Background
B. Public Participation Activities Conducted by Texas
C. Summary of the EPA's Comprehensive Evaluation
D. Public Participation Activities Conducted by the EPA
IV. Public Comments and the EPA's Response
A. Public Comments
B. The EPA's Response to Comments
V. The EPA's Action
A. Incorporation by Reference
B. The EPA's Oversight
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and 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)
K. Congressional Review Act (CRA)
VII. References
[[Page 51022]]
I. Introduction
A. Federal UIC Program and Primary Enforcement Authority (Primacy)
The Safe Drinking Water Act (SDWA), passed in 1974, protects public
health by regulating the nation's public drinking water supply,
including both surface and groundwater sources. Among other things, 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 of
sufficient quality to supply a public water system. See 40 CFR 144.3
(defining USDW).
The EPA's UIC program regulates various aspects of injection. 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 authorized Tribes must meet to be granted
primary enforcement responsibility, or ``primacy,'' for a UIC program.
42 U.S.C. 300h. SDWA section 1422 provides that an applicant seeking
primacy for a UIC program must demonstrate to the EPA that the
applicant's proposed UIC program meets the applicable requirements
promulgated by the EPA pursuant to section 1421 for protecting USDWs.
42 U.S.C. 300h through 300h-1. An applicant must demonstrate, among
other things, jurisdiction over underground injection and that the
applicant possesses the administrative, civil, and criminal enforcement
authorities required by the EPA's implementing regulations. See 40 CFR
part 145, subpart B. After the EPA approves a State for UIC program
primacy, the State's UIC program may be revised with EPA approval. See
40 CFR 145.32.
The EPA evaluates each primacy application in accordance with SDWA
section 1422 and the EPA's implementing regulations to determine
whether the applicant (in this instance, the State of Texas) has
satisfactorily demonstrated that, after reasonable notice and public
hearings, it has adopted and will implement a UIC program that meets
the requirements of the SDWA regulations at 40 CFR parts 144, 145, and
146. The EPA conducts a similar comprehensive evaluation for proposed
State UIC program revisions, including a program revision to add Class
VI primacy where an applicant already has primacy to implement other
classes under the UIC program.
In this final rule, the EPA is approving Texas's program revision
application to administer the UIC Class VI program in the State. EPA's
approval is based on the Agency's determination that the application
meets all applicable requirements for approval under SDWA section 1422
and the EPA's implementing regulations and that the State is capable of
administering a UIC program in a manner consistent with the SDWA and
applicable UIC regulations. The EPA will remain the permitting
authority for all Class VI wells on Indian land within the State and
will oversee Texas' administration of the State's UIC Class VI program
pursuant to the SDWA.
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. Permit applicants that want to inject carbon
dioxide underground for the purpose of geologic sequestration must
obtain a Class VI permit for each well by demonstrating to the UIC
permitting authority that their proposed injection well and injection
activities will meet all regulatory requirements, including the
following technical, financial, and managerial requirements:
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.
Modeling to delineate the predicted area influenced by
injection activities through the lifetime of the project.
Evaluation of the delineated area to ensure all potential
pathways for fluid movement have been identified and addressed through
corrective action.
Well construction requirements that ensure the Class VI
injection well will not leak carbon dioxide.
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 of injection pressure and flow, chemical analysis of the
carbon dioxide stream that is being injected, 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,
and may also include monitoring for seismic activity near the injection
site.
Operating requirements (for example, injection pressure
limitations) to ensure the injection activity will not endanger USDWs.
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.
Emergency and remedial response plans to protect USDWs.
Reporting of 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.
II. Legal Authorities
The statutory authority for this final rule is SDWA sections 1422
and 1450, 42 U.S.C. 300h-1 and 300j-9.
SDWA section 1421 requires the EPA to promulgate requirements for
effective State UIC programs to prevent underground injection
activities that endanger USDWs. 42 U.S.C. 300h. SDWA section 1422
requires that applicants seeking primacy approval demonstrate that they
have adopted (after notice and public hearing) and will implement a UIC
program which meets the requirements that the EPA promulgated under
SDWA section 1421. 42 U.S.C. 300h-1.
The EPA has promulgated regulations setting forth the applicable
procedures and substantive requirements for applicants seeking primacy
approval for UIC programs under SDWA section 1422. The regulations in
40 CFR part 144 outline general program requirements that States must
meet to
[[Page 51023]]
obtain primacy. The regulations in 40 CFR part 145 specify the
procedures the EPA will follow in approving, revising, and withdrawing
UIC programs and outlines the elements and provisions that an applicant
must include in its application for primacy. 40 CFR part 145 also
includes requirements for State UIC permitting programs (by reference
to certain provisions of 40 CFR parts 124 and 144), compliance
evaluation programs, enforcement authority, and the 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.
III. Texas' Application for UIC Class VI Primacy
A. Background
On February 20, 2025, Texas submitted to the EPA a program revision
application to add Class VI wells to the State's existing SDWA section
1422 UIC program. Once approved by EPA, Texas' requirements for UIC
wells would be codified and implemented in lieu of the Federal UIC
requirements currently in effect in the State. See 40 CFR part 147,
subpart SS. 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, a letter from the Governor
of Texas requesting program approval and an addendum to an existing UIC
Memorandum of Agreement (MOA) between Texas and the EPA Region 6
Administrator. The EPA reviewed the application for completeness and
performed a technical and legal evaluation of the application materials
to assess and confirm that Texas' proposed UIC Class VI program meets
Federal requirements.
B. Public Participation Activities Conducted by Texas
The RRC proposed regulations for the geologic storage of carbon
dioxide (CO2) 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 secs. 5.101-5.308).
On March 20, 2012, the RRC proposed amendments to its CO2
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 CO2
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 18
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 feedback from the EPA, the RRC proposed additional
amendments to its CO2 geologic storage regulations in 2023.
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 and
potential environmental and public health impacts from the injection
and geologic storage of CO2. 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.
C. 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 UIC Class VI program--including
statutes and regulations, program description, Attorney General's
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
[[Page 51024]]
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) provides
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 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.
Texas has demonstrated that it meets all UIC permitting
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 approves Texas'
program revision application based on the Agency's determination that
the application meets all applicable requirements for Class VI primacy
under SDWA section 1422 and EPA's implementing regulations and because
the State has demonstrated that it is prepared to implement UIC Class
VI program in a manner consistent with the SDWA and all applicable UIC
regulations.
D. Public Participation Activities Conducted by the EPA
On May 8, 2025, the EPA Region 6 Water Division Director sent a
letter via email to leaders of three tribes in Texas (Alabama-
Coushatta, Kickapoo Traditional, Ysleta del Sur Pueblo) and five in
Oklahoma that border Texas to the North (Apache, Kiowa Indian,
Comanche, Chickasaw Nation, Choctaw Nation) offering an opportunity for
Government-to-Government consultation on Texas' program revision
application seeking primacy for the UIC Class VI program. On May 20,
2025, the EPA Region 6 hosted a Tribal informational virtual meeting
and listening session to provide an overview of the Texas application.
Three tribes participated in this meeting, Alabama-Coushatta, Ysleta
del Sur Pueblo, and Choctaw Nation. The EPA provided a description of
the Federal UIC Class VI program and informed the tribes of its plan to
soon publish a rule proposing to approve Texas' application. After the
meeting, the EPA emailed attendees links to current Class VI well data
in Texas for informational purposes. The EPA received no request for
tribal consultation during the period beginning May 8, 2025, and ending
with the close of public comment on August 1, 2025.
On June 17, 2025, the EPA published a proposed rulemaking in the
Federal Register (90 FR 25547) proposing to approve Texas' application
to revise its UIC program to implement the UIC Class VI program within
the State. The proposal established a 45-day public comment period that
closed on August 1, 2025. The EPA held a public hearing on July 24,
2025, that participants could attend virtually, as well as by phone. In
addition to the Federal Register, the EPA published notice of the
hearing on the EPA's website and in the Austin American-Statesman, the
Dallas Morning News, and the Houston Chronicle newspapers.
IV. Public Comments and the EPA's Response
A. Public Comments
During the public comment period, the EPA received 7,534 written
comments and 90 oral comments on the proposal from individual citizens,
energy and industry groups, potential Class VI permittees,
environmental and civil rights non-government organizations, local
governments, members of the State Legislature, the Governor of Texas,
academia, and others. The majority of the written comments the EPA
received on the proposal were in the form of several ``mass mailing''
letter campaigns, including comments from stakeholders supporting
approval of Class VI primacy for the State of Texas and those opposing.
The EPA considered these comments in the development of this final
rule. All comments are available as part of the public record and can
be accessed through the EPA's docket (ID No. EPA-HQ-OW-2025-0157).
Documentation of the EPA's public participation activities, including
comments received and the EPA's comment response document, can also be
found in the docket (ID. No. EPA-HQ-OW-2025-0157).
B. The EPA's Response to Comments
The EPA received comments both supporting and opposing the proposed
approval of UIC Class VI program primacy for the State of Texas, as
well as some comments outside the scope of the primacy approval action.
Commenters in support of Texas UIC Class VI program primacy
approval asserted that the State's application meets all requirements
at 40 CFR part 145 and SDWA section 1422 and that the RRC has
demonstrated the ability and authority required for Class VI primacy
approval. They stated that the RRC is experienced with UIC permitting,
has a robust UIC permitting program, has effectively regulated deep
injection wells since 1982, and is familiar with carbon dioxide
injection via permitting of Class II enhanced oil recovery wells. They
also asserted that the RRC has the financial resources and capacity to
ensure thorough Class VI permit application reviews, and that the RRC
has in-house staff trained in the technical disciplines needed to
review Class VI permit applications and oversee Class VI well
operators, as well as a familiarity with Texas' geology and local
communities and their needs.
Commenters opposing Class VI primacy approval, including writers of
mass mailing letters, expressed concerns related to the RRC's ability
to oversee a Class VI program, alleging past inabilities to inspect
wells and enforce Class II regulations which, they assert, could impact
public health and the environment. They alleged the RRC has
insufficiently investigated complaints or insufficiently enforced
violations associated with Class II injection wells. Commenters further
alleged that the RRC does not have a demonstrated history of robust
public engagement or accessible hearings. Commenters expressed concern
that the RRC has insufficient financial resources to oversee Class VI
wells in the State and alleged that the RRC lacks
[[Page 51025]]
independence from political or oil and gas industry influences.
Comments received outside the scope of this primacy approval action
included concerns about oil and gas production well plugging and
abandonment, pipeline safety, environmental impacts on media other than
USDWs, such as wetlands, surface water, and air, and tax revenues
associated with the geologic sequestration of carbon dioxide. The EPA
has noted and addressed all topics, including out-of-scope topics, in
the Agency's response to comments document included in the docket (ID.
No. EPA-HQ-OW-2025-0157).
V. The EPA's Action
A. Incorporation by Reference
The EPA is approving 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. This action amends 40 CFR
147.2200 and incorporates by reference Texas' EPA-approved statutes and
regulations that contain UIC Class VI standards, requirements, and
procedures applicable to Class VI owners or operators within the State.
Any provisions incorporated by reference, as well as all permit
conditions issued pursuant to such provisions, are enforceable by the
EPA pursuant to SDWA section 1423, 42 U.S.C. 300h-2, 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 has compiled the applicable Texas statutes and regulations
to be incorporated by reference into 40 CFR 147.2200 in a document
titled ``EPA Approved Texas SDWA Sec. 1422 Underground Injection
Control Program Statutes and Regulations for Well Class VI,'' dated May
1, 2025. This compilation is available at https://www.regulations.gov
in the docket for the proposed rulemaking. With this action, the EPA
also codifies a table in 40 CFR 147.2200 listing the compiled EPA-
approved Texas statutes and regulations that contain standards,
requirements, and procedures applicable to owners or operators of Class
VI wells that the EPA incorporates 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.
B. The EPA's Oversight
The EPA will continue to oversee Texas' administration of its UIC
program, including by requiring quarterly reports on instances of
permittee non-compliance and annual UIC performance reports pursuant to
40 CFR 144.8. The MOA between the EPA Region 6 and the RRC also
specifies that the EPA will oversee the State's administration of the
UIC program on a continuing basis to assure that such administration is
consistent with the program MOA, the SDWA and implementing regulations,
UIC grant agreements, and other applicable requirements.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at: https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and 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.
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. This exemption also applies to EPA approvals of revisions to
existing State UIC programs.
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' 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 additional burdens on small entities as this
action codifies a State program already in effect and transfers primary
implementation 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 approval
of Texas' UIC Class VI program will not constitute a Federal mandate
because there is no requirement that a State establish a UIC regulatory
program and the program is a State program, 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 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 revision to 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 rule does not involve technical standards.
[[Page 51026]]
K. Congressional Review Act (CRA)
This final rule is subject to the CRA, and the EPA will submit a
rule report to each House of the Congress and to the Comptroller
General of the United States. This action is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
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 ``EPA Approved Texas
SDWA Sec. 1422 Underground Injection Control Program Statutes and
Regulations for Well Class V'', 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 hereby amends 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 paragraph, and
paragraph (a) introductory text; and
0
b. 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 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 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 December 15, 2025. 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. This incorporation by reference (IBR)
material is available for inspection at the EPA and at the National
Archives and Records Administration (NARA). If you wish to obtain
materials from the EPA, please contact the Water Docket at U.S.
Environmental Protection Agency, Water Docket, EPA Docket Center (EPA/
DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC
20004; phone: (202) 566-1744; email: [email protected];
website: www.epa.gov/dockets/epa-docket-center-reading-room or the
Region VI, Library, U.S. Environmental Protection Agency, 1201 Elm
Street, Suite 500, Dallas, Texas 75270; phone: (214) 665-6424; email:
[email protected]; website: https://www.epa.gov/epalibraries/region-6-library-services. You may also view this material at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, email:
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations. The IBR material may be obtained from the EPA
offices listed in this paragraph (a).
* * * * *
(3) EPA Approved Texas SDWA Sec. 1422 Underground Injection
Control Program Statutes and Regulations for Well Class VI, dated May
1, 2025. Table 1 to this paragraph (a)(3) lists the Texas statutes and
regulations that the EPA has approved for inclusion in this
compilation.
Table 1 to Paragraph (a)(3)
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
Texas Administrative Code, Title 16, Carbon Dioxide (CO2)... September 11, 2023..... November 14, 2025.
Part 1, Chapter 5.
Texas Water Code, Title 2, Subtitle Injection Wells........ June 9, 2021........... November 14, 2025.
D, Chapter 27.
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[[Page 51027]]
* * * * *
(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. 2025-19898 Filed 11-13-25; 8:45 am]
BILLING CODE 6560-50-P