The View From HETI

Texas gets one step closer to CCUS permitting authority

HETI has supported efforts to bring CCUS to a broader commercial scale since the initiative’s inception. Image via Getty Images

This month, the U.S. Environmental Protection Agency (EPA) announced its proposed approval of Texas request for permitting authority under the Safe Drinking Water Act (SDWA) for Class VI underground injection wells for carbon capture, utilization and storage (CCUS) in the state. The State of Texas already has permitting authority for Class I-V injection wells. Granting authority for Class VI wells recognizes that Texas is well positioned to protect its underground sources of drinking water while also advancing economic opportunity and energy security.

“In the Safe Drinking Water Act, Congress laid out a clear vision for delegating decision-making from EPA to states that have local expertise and understand their water resources, geology, communities, and opportunities for economic growth,” said EPA Administrator Lee Zeldin in a news release. “EPA is taking a key step to support cooperative federalism by proposing to approve Texas to permit Class VI wells in the state.”

The Greater Houston Partnership’s Houston Energy Transition Initiative (HETI) has supported efforts to bring CCUS to a broader commercial scale since the initiative’s inception. Earlier this year, HETI commissioned a “study of studies” by Texas A&M University’s Energy Institute and Mary K. O’Connor Process Safety Center on the operational history and academic literature of CCUS safety in the United States. The report revealed that with state and federal regulations as well as technical and engineering technologies available today, CCUS is safe and presents a very low risk of impacts to human life. This is useful research for stakeholders interested in learning more about CCUS.

“The U.S. EPA’s proposal to approve Texas’ application for Class VI well permitting authority is yet another example of Texas’ continued leadership in meeting the dual challenge of producing more energy with less emissions,” said Jane Stricker, Senior Vice President of Energy at the Greater Houston Partnership and Executive Director of the Houston Energy Transition Initiative. “We applaud the U.S. EPA and Texas Railroad Commission for their collaborative efforts to ensure the supply of safe, affordable and reliable energy, and we call on all stakeholders to voice their support for the application during the public comment period.”

The U.S. EPA has announced a public comment period that will include a virtual public hearing on July 24, 2025 from 5-8 pm and conclude on July 31, 2025.

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This article originally ran on the Greater Houston Partnership's Houston Energy Transition Initiative blog. HETI exists to support Houston's future as an energy leader. For more information about the Houston Energy Transition Initiative, EnergyCapitalHTX's presenting sponsor, visit htxenergytransition.org.

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A View From HETI

ExxonMobil Chairman and CEO Darren Woods said during the company’s recent second-quarter earnings call that the company is "concerned about the development of a broader market" for its low-carbon hydrogen plant in Baytown. Photo via exxonmobil.com

Spring-based ExxonMobil, the country’s largest oil and gas company, might delay or cancel what would be the world’s largest low-carbon hydrogen plant due to a significant change in federal law. The project carries a $7 billion price tag.

The Biden-era Inflation Reduction Act created a new 10-year incentive, the 45V tax credit, for production of clean hydrogen. But under President Trump’s "One Big Beautiful Bill Act," the window for starting construction of low-carbon hydrogen projects that qualify for the tax credit has narrowed. The Inflation Reduction Act mandated that construction start by 2033. But the Big Beautiful Bill switched the construction start time to early 2028.

“While our project can meet this timeline, we’re concerned about the development of a broader market, which is critical to transition from government incentives,” ExxonMobil Chairman and CEO Darren Woods said during the company’s recent second-quarter earnings call.

Woods said ExxonMobil is working to determine whether a combination of the 45Q tax credit for carbon capture projects and the revised 45V tax credit will help pave the way for a “broader” low-carbon hydrogen market.

“If we can’t see an eventual path to a market-driven business, we won’t move forward with the [Baytown] project,” Woods said.

“We knew that helping to establish a brand-new product and a brand-new market initially driven by government policy would not be easy or advance in a straight line,” he added.

Woods said ExxonMobil is trying to nail down sales contracts connected to the project, including exports of ammonia to Asia and Europe and sales of hydrogen in the U.S.

ExxonMobil announced in 2022 that it would build the low-carbon hydrogen plant at its refining and petrochemical complex in Baytown. The company has said the plant is slated to go online in 2027 and 2028.

As it stands now, ExxonMobil wants the Baytown plant to produce up to 1 billion cubic feet of hydrogen per day made from natural gas, and capture and store more than 98 percent of the associated carbon dioxide. The company has said the project could store as much as 10 million metric tons of CO2 per year.

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