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 Indian lands in Colorado. EPA will also oversee Colorado’s administration of its UIC program.
Colorado is the seventh state to receive Class VI primacy — joining Louisiana, West Virginia, Wyoming, Arizona, North Dakota, and Texas. The change is important for carbon capture and storage projects because permit applicants will work primarily with the state agency that oversees both the surface development and geologic storage components of those projects.
The Memorandum of Agreement (MOA) between Colorado and EPA Region 8 delineates their respective roles and responsibilities in administering, implementing, and enforcing Colorado’s Class VI program. Among other things, the MOA requires public participation in any enforcement process, including preserving intervention as of right for citizens having an interest that may be affected by a project.