Pfluger, Crenshaw Introduce Bill to Speed Up Class VI Primacy

This graphic from the Environmental Protection Agency (EPA) shows what is involved in Class VI injection, in which captured carbon dioxide is sequestered underground. Courtesy of the Environmental Protection Agency

Texas has been waiting over two years for approval of its application to regulate Class VI injection wells by the Environmental Protection Agency.

This week, Texas Congressmen August Pfluger and Dan Crenshaw took steps to address the long wait states are experiencing in receiving approval or denial of their applications. The two Republicans introduced The Primary Act of 2025, amending the Safe Drinking Water Act to require the EPA to rule on state applications within 180 days. Otherwise, the application automatically takes effect after 210 days if a state already enforces a similar program.

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The measure also directs the EPA to appoint a dedicated liaison for state coordination, tap Infrastructure Investment and Jobs Act funds for permit processing, and report annually to Congress on staffing and resource needs.

Class VI wells are considered a critical component for reliable energy projects that use carbon capture. Long-standing permitting delays at the EPA have kept states from implementing this technology and stalled investment, delaying projects and creating regulatory uncertainty. By setting firm deadlines and allowing automatic approval if the EPA fails to act, the bill gives states the clarity and authority they need to move forward, the congressmen said.

“Far too often, bureaucratic red tape gets in the way of those who know the energy industry best, stifling production and disincentivizing innovation,” Pfluger said in a statement. “Texans lead the way in efficient energy production across the country. That’s why I am proud to join my fellow Texan, Congressman Crenshaw, in introducing this legislation to put an end to the Biden-era EPA’s painfully slow Class VI well permitting approval process. This bill puts power back into the hands of state regulators who know their geology, and how to support it, best.”

“Giving states the authority to regulate Class VI wells will cut down on lengthy review times and redundant bureaucratic red tape,” Crenshaw said. “Class VI wells, used to store captured carbon, are a net benefit to the economy and the environment — a win for everyone. I’m proud to lead this legislation with Congressman Pfluger to ensure energy companies have a timely approval process for building out these wells, and to help states act quickly to review these vital projects.”

Occidental Petroleum and its subsidiary, 1PointFive, announced in April it has received Class VI permits from the EPA to sequester CO2 from its Stratos direct air capture project in Ector County, the first permits issued for a DAC project.

Todd Staples, President of the Texas Oil & Gas Association, thanked the two congressmen for their support on the issue.

“The Lone Star State has the geological capacity and the industrial expertise to be a global leader in CCS, and with their decades of regulatory experience, the Railroad Commission of Texas is well equipped to issue these permits. Granting Texas Class VI primacy will unlock a whole new economic sector with trillions in investments, good paying jobs, and further solidify our state’s position as an energy leader,” Staples told the Reporter-Telegram.

Scott Castleman, spokesman for the Houston CCS Alliance, which has pushed the EPA to grant Texas’ primacy application, also thanked the congressmen.

“As they have witnessed, it has taken the EPA far too long to grant Texas primacy over Class VI injection wells in our state. Texans overwhelmingly showed their support for primacy during a recent EPA comment period because local control over permitting better reflects the priorities of local communities and gives businesses the certainty they need to create jobs and spur investment,” he said.

Castleman added that passage of the legislation could help avoid unnecessary delays for other states in advancing their primacy efforts.