EPA Approval Gives Colorado ECMC Primacy Over Class VI Carbon Storage Wells

On October 13, 2026, the U.S. Environmental Protection Agency (EPA) published its final rule approving Colorado’s application for primacy over Class VI Underground Injection Control wells, which are used exclusively for subsurface carbon injection operations. This decision gives Colorado’s Energy and Carbon Management Commission (ECMC) primary authority, effective November 12, 2026, to regulate carbon storage and sequestration activities in the state, excluding tribal lands, which will remain subject to EPA enforcement.

Colorado joins Arizona, Louisiana, North Dakota, Texas, West Virginia, and Wyoming as the only states to have obtained Class VI primacy to date.

The ECMC adopted a comprehensive Class VI rulemaking back in December 2024 to oversee permitting, siting, compliance, monitoring, unitization, and other procedures. These new and amended rules now take effect with the EPA’s primacy approval. Operators pursuing carbon storage and sequestration operations in Colorado should familiarize themselves with these state regulations and contact the ECMC regarding the transition of any pending Class VI applications.

Please contact the author if you have any questions regarding this alert or any related issues.