The Nickel Report

On June 9, 2025, the US EPA took another step forward toward having states take the lead for implementing and enforcing Class VI Underground Injection Control (UIC) programs under the Safe Drinking Water Act (SDWA), which are central to carbon capture and sequestration (CCS) permitting. To date, EPA has signed Memoranda of Agreement (MOAs) with several states regarding state agreements to implement Class VI injection well programs. The Texas MOA was signed on April 29, 2025. Now, and consistent with the MOA, EPA has released its proposed rule to give Texas primacy over the program. 

The US Environmental Protection Agency (EPA) recently announced significant changes coming for two of its major rules that regulate per- and-polyfluoroalkyl substances (PFAS). First, EPA announced on May 12, 2025, that it is delaying the reporting period for the Toxic Substances Control Act (TSCA) Section 8(a)(7) PFAS Reporting Rule and is also considering reopening the entire rule to make substantive revisions. Second, on May 14, 2025, EPA also announced that it plans to withdraw its drinking water standards under the Safe Drinking Water Act (SDWA) for four of the six PFAS that EPA sought to regulate.