Colorado is about to take control of who can drill underground wells to store carbon dioxide within its borders. The U.S. Environmental Protection Agency has approved the state's request for primacy, or primary regulatory authority, over Class VI underground injection wells used for geologic carbon storage, with the state assuming full permitting and enforcement duties on November 12.
What the Approval Actually Changes
Governor Jared Polis announced the EPA's approval, which comes through the federal Underground Injection Control Class VI program, according to KiowaCountyPress.net. Once the final rule takes effect next month, the Colorado Energy and Carbon Management Commission will handle permits, operation, monitoring and closure of these wells, taking over duties the EPA previously managed directly. The shift means the state, rather than the federal government, becomes the primary permitting and enforcement authority for Class VI wells within the scope of the approved program, per the same outlet's reporting.
Colorado's path to this point began over a year ago. The state submitted its full Class VI primacy application to the EPA on October 7, 2025, and the agency issued its final rule approving that request on October 13, 2026, the news site reports. That timeline puts Colorado's review process at more than a year from full application to federal sign-off.
Joining a Short List of States
With this approval, Colorado becomes the seventh state in the country to hold Class VI primacy, according to the National Law Review. North Dakota was the first state to receive this authority from the EPA in 2018, followed by Wyoming in 2020, per the North Dakota Industrial Commission. Colorado's addition reflects a broader pattern of states taking over administration of Class VI wells from federal regulators as more apply for and receive primacy.
The federal framework behind the shift traces to Section 1422 of the Safe Drinking Water Act, under which the EPA approved Colorado's application for primary enforcement responsibility over Class VI injection wells, according to the Federal Register. The Colorado Energy and Carbon Management Commission has said it will begin serving as the primary permitting authority on November 12, 2026.
The State's Stake in Carbon Storage
Colorado's energy regulator has described carbon capture and storage as one of the state's emerging strategies to work toward achieving net-zero emissions, according to the Colorado Energy and Carbon Management Commission. Governor Polis touted the approval on Facebook, posting that Colorado leads the nation in developing innovative solutions that strengthen the economy and protect the environment.
