The US Environmental Protection Agency (EPA) has formally granted Colorado primary regulatory authority over Underground Injection Control (UIC) Class VI injection wells, transferring direct oversight of permanent deep geological carbon storage to state regulators.

The final rule, published by the EPA on October 13, 2026, takes effect on November 12, 2026. Beginning on that date, the Colorado Energy and Carbon Management Commission (ECMC) will assume sole responsibility for reviewing applications, issuing permits, monitoring operational performance, and enforcing compliance for Class VI carbon sequestration wells across state lands.

The transfer of authority follows a multi-year effort initiated after the Colorado General Assembly authorized the ECMC to pursue Class VI primacy in 2023. The state formally submitted its application in October 2025, demonstrating that its technical guidance, enforcement mechanics, and public engagement protocols meet or exceed federal Safe Drinking Water Act mandates.

State officials emphasized that state-level primacy will accelerate review timelines by leveraging local geological expertise while maintaining stringent environmental safeguards.

Under ECMC oversight, Class VI permitting will follow a two-stage approval process: initial Commission approval of a project’s Class VI Development Plan, followed by a secondary verification review before issuing a formal Authorization to Inject. 

Project developers must demonstrate site integrity across target storage formations and caprock seals, provide financial assurance for emergency responses and well plugging, and undergo mandatory public comment periods.

“Having Class VI oversight in Colorado will allow fast decisions about permitting underground carbon storage to be made by Colorado experts who understand our geology, communities and environment,” said Governor Jared Polis.

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