Austin News

Washington, D.C. – U.S. Representatives Lloyd Doggett (D-Austin) and Joaquin Castro (D-San Antonio) urged Environmental Protection Agency (EPA) Secretary Michael Regan to reject the Texas Railroad Commission’s application for primacy enforcement of the Class VI underground injection control (UIC) well program under the Safe Water Drinking Act.

Additionally, the members request at minimum, EPA pause the Commission’s application and conduct a thorough investigation into its permitting and oversight of oil and gas operations for adherence to EPA’s guidance and environmental justice standards.

“Our call is for taxpayer protection, as well as environmental protection,” said Rep. Doggett. “Enforcement of the highest standards is required to ensure that billions of federal subsidies permanently and safely reduce emissions, rather than merely serving as another massive hand out to the fossil fuel industry. This application should not be railroaded, especially when the Texas Railroad Commission has such a notorious reputation for neglect and indifference.”

“The Railroad Commission of Texas can't be trusted to uphold the standards that protect health and safety in communities with carbon capture infrastructure," said Rep. Castro. "Moreover, Texas regulators are unwilling to meet their existing obligations to plug abandoned oil wells. The EPA must not give the Commission more oversight over carbon storage wells and related infrastructure, which are disproportionately located in communities of color already exposed to dangerous levels of pollution."

“The Commission has a history of waiving its own rules and regulations to favor oil and gas companies over health and environmental protection standards,” wrote the members. “Commissioners have waived requirements for oil and gas companies to plug their abandoned wells, pushed back deadlines for companies to clean up surrounding environments, and increased the number of sites available for crude oil storage.”

In the letter, the members express little faith the Commission will oversee Class VI wells in accordance with the EPA's environmental justice standards, which would disproportionately harm communities of color residing near carbon capture and related facilities.

“While the Commission’s amended application states their staff will adhere to the EPA and other federal agencies’ guidance on environmental justice, the application also states the Commission’s belief that carbon capture “is beneficial to society at large for all, including disadvantaged communities.” Instead of approaching applications with a healthy amount of caution and care for environmental justice, the Commission assumes applicants are acting in good faith for all Texans. If carbon capture and sequestration are not subject to the most stringent regulations, pipelines and storage sites could leak harmful carbon dioxide into the soil and surrounding communities, exposing residents to dangerous levels of pollution,” continued the members.

The letter also references lax regulations favoring the Texas oil and gas industry by neglecting to enforce laws to protect underground sources of drinking water. Notably, the hundreds of thousands of orphaned wells left unplugged by oil operators can lead to environmental disasters, including toxic and harmful chemicals released into the air, groundwater, and soil. 

“Although [commissioners] have a direct conflict of interest through their ownership interests in the oil and gas companies they regulate, commissioners have also declined to recuse themselves and vote against imposing fines on companies in which they own stock,” continued the members.

In a December 2022 letter to state governors, the EPA outlined its criteria for consideration of primacy for a Class VI UIC program.

The members make clear, “To ensure carbon capture and sequestration projects are done well with stringent health and environmental protection standards, the EPA must not grant the Commission primacy.” 

Read the full letter here.

Original source can be found here.