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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 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.
Colorado’s Class VI Framework
Following EPA’s approval, ECMC stated that Colorado is positioning itself as a national leader in overseeing emerging technologies that support greenhouse gas reductions.
The Colorado General Assembly expanded ECMC’s authority over Class VI wells and geologic carbon storage in 2023. In December 2024, ECMC adopted rules for the State’s UIC Class VI program and applied to EPA for primacy in May 2025.
Like all UIC programs, Colorado’s program protects underground sources of drinking water (USDWs). Each Class VI well must receive two individual permits — one prior to drilling and another prior to injecting carbon dioxide — and cannot be authorized by rule. The rule also requires that an operator adhere to the ECMC Class VI Rules when carbon dioxide is injected into an oil and gas reservoir primarily for enhanced recovery if the activity presents a greater risk to USDWs than a Class II disposal well.
Colorado’s framework pairs federal requirements for the injection well with Colorado-specific review of the broader storage project. Applicants will be required to obtain approval of a comprehensive Class VI Development Plan and Geologic Storage Location(s) from the Commission. Additionally, ECMC will approve Geologic Storage Units to establish the boundaries of geologic sequestration areas on a project-by-project basis similar to Drilling and Spacing Units for oil and gas operations.
In addition to the extensive federal Class VI requirements, which each state seeking primacy must adopt, Colorado’s program will impose other requirements through state statute and 100 pages of ECMC rules using a state-specific nomenclature, including:
- A minimum 2,000-foot setback for every Class VI well from any Residential Building Unit, High Occupancy Building Unit, School Facility, Child Care Center, or Commercial Building Unit;
- A comprehensive Class VI Development Plan (similar to an Oil and Gas Development Plan) with substantial local, state, and federal consultation requirements; a community outreach plan; an alternative location analysis; and a cumulative impacts evaluation;
- Extensive public notice requirements, a public comment period, and a public hearing; and
- If the proposed Geologic Storage Location’s Working Pad Surface is located within a half mile of any Residential Building Unit, High Occupancy Building Unit, School Facility, or Child Care Center within a Disproportionately Impacted Community, the Commission must make a qualitative determination that proposed Geologic Storage Operations will have “no negative net cumulative impacts” on the Disproportionately Impacted Community.
Carbon Capture and Air Quality Considerations for Colorado Industries
In addition to ECMC’s role, the Colorado Department of Public Health and Environment’s Air Quality Control Commission (AQCC) adopted carbon capture and storage (CCS) as a compliance option for certain manufacturing and oil and gas midstream facilities to meet greenhouse gas emissions targets. The Colorado Air Pollution Control Division (APCD) is currently developing a methodology and carbon accounting protocol to quantify emissions, reductions, and removals associated with CCS projects.
Once established, ECMC and APCD will work together to ensure that affected facilities follow both the Class VI and the APCD protocol requirements. Accordingly, manufacturing or midstream facilities subject to GHG emission reductions that seek to meet greenhouse gas emission limitations with CCS should consider engaging with both agencies to align on permitting, carbon-accounting, and compliance strategies as Colorado’s framework takes effect.