Texas lawmakers are pushing to accelerate federal approval of carbon storage projects, citing years-long delays they say are stalling investment and climate initiatives.
U.S. Reps. Dan Crenshaw, R-Houston, and August Pfluger, R-San Angelo, introduced the Primacy Certainty Act of 2025 in early August, seeking to give states greater authority over Class VI underground injection wells used for carbon capture and storage.
The bill would require the Environmental Protection Agency to act on a state’s application for “primacy” — the authority to issue permits under the federal Safe Drinking Water Act — within 180 days. If the agency fails to respond within 210 days, the bill would automatically grant the request, provided the state’s rules meet federal standards. It would also require the EPA to appoint a state liaison, use existing infrastructure funding to process applications and submit annual reports to Congress on staffing and resource needs.
Industry advocates say the change could transform Texas into a national leader in carbon capture, potentially cutting permitting times from years to months. According to the Houston CCS Alliance, projects in the Houston area alone could store up to 50 million metric tons of carbon dioxide by 2030 and 100 million metric tons by 2040.
The proposal follows the EPA’s June announcement that it intends to grant the Texas Railroad Commission primacy over Class VI wells, joining a small group of states including North Dakota and Wyoming. Texas already regulates Classes I through V wells and has more than 160 Class VI applications pending.
Supporters say the measure would unlock billions in private investment and create jobs while advancing climate goals. Critics have warned that easing federal oversight could undermine environmental safeguards.
The bill is pending in the U.S. House, while the EPA’s proposed primacy approval for Texas remains under review.