Business

The National Law Review

partner publisher · 20.1K followers

EPA Grants Colorado Class VI Primacy for Carbon Storage Wells

Go-To Guide: The U.S. Environmental Protection Agency approved Colorado’s request to administer the federal Class VI underground injection control (UIC) program for carbon dioxide storage wells. Beginning Nov. 12, 2026, the Colorado Energy and Carbon Management Commission (ECMC) will be the primary permitting and enforcement authority for Class VI wells in Colorado, except on Indian lands. Carbon capture and storage project developers and industrial facilities considering carbon capture as a compliance or decarbonization strategy should account for ECMC’s expanded Class VI review process, public participation, financial assurance, monitoring, and long-term closure obligations during project planning. Colorado Takes the Lead on Class VI Permitting On Oct. 13, 2026, the EPA published its final rule (91 Fed. Reg. 64780) approving Colorado’s application for primary enforcement responsibility, or “primacy,” over Class VI injection wells under the Safe Drinking Water Act. Class VI wells inject carbon dioxide into deep underground formations for permanent geologic storage. The rule takes effect Nov. 12, 2026. On that date, ECMC will replace EPA as the primary authority for reviewing permit applications, issuing permits, overseeing construction and operation, monitoring compliance, and enforcing Class VI requirements on non-Indian lands in Colorado. EPA will retain authority over Class VI wells on

Colorado · 18d