Texas 2036 Offers Recommendations on the Proposed Rule Amendments for Carbon Dioxide Storage

Texas 2036 supports Texas’ energy expansion where oil and gas will continue to serve an integral role as our energy portfolio expands to include hydrogen, geothermal, and other forms of energy. Carbon capture and underground storage serves as a critical component to this energy expansion.  

Last legislative session, the Texas Legislature took an important step toward facilitating carbon capture and underground storage with the passage of House Bill 1284. In the spirit of supporting its expanded development, we recently shared comments to the Railroad Commission’s proposed amendments to Texas’ state agency rules.  

Here’s a look at the seven recommendations we made to the Railroad Commission:

1. Expand the definition of “Geologic storage facility or storage facility” in 16 Texas Administrative Code §5.102(27) to include formations described in 26 U.S. Code §45Q.

2. Define “fluid or injected fluid” in 16 Texas Administrative Code §5.102 to include carbon dioxide.

3. Require that each draft permit fact sheet include a description of the source of carbon dioxide proposed to be injected and stored.

4. Publish notice of proposed draft permits and hearing on Railroad Commission’s website.

5. Clarify that individual notice of draft permits be provided to persons or entities above the geologic storage facility.

6. Require that the annual report submitted by each operator include the source of carbon dioxide captured.

7. Develop Railroad Commission metrics for tracking Carbon Capture and Underground Storage success.