EPA approves Colorado's request to permit carbon dioxide injection wells

WASHINGTON, Oct 13 — The U.S. Environmental Protection Agency (EPA) on Tuesday approved Colorado's application for primary enforcement responsibility over Class VI injection wells. The approval will allow a state commission to issue and enforce permits for geologic carbon sequestration.

The final rule, published in the Federal Register, lets the Colorado Energy and Carbon Management Commission (ECMC) run the state's Underground Injection Control (UIC) program for Class VI wells under the Safe Drinking Water Act. EPA will remain the permitting authority for Class VI wells on Indian lands within the state, according to the rule.

The rule describes Class VI wells as wells used to inject carbon dioxide into deep rock formations for long-term underground storage. EPA said it found that the application meets all applicable requirements and that the state is capable of administering the program.

EPA will oversee Colorado's administration of the program. According to the rule, the agency will require quarterly reports on instances of permittee non-compliance and annual UIC performance reports.

The rule also codifies non-substantial changes to Colorado's program for Class II injection wells, which EPA approved by letter in 2021.

During the comment period, EPA received 11 written comments, and a majority supported the approval, the agency said. In comments filed with the agency, the Southern Ute Indian Tribe supported the proposed approval but requested a change to the regulatory language on the definition of "Indian lands." One opposing commenter raised concerns about the tribal consultation process.

The rule takes effect on Nov. 12, 2026.

Colorado submitted its application on Oct. 7, 2025. EPA proposed approving it on March 19, 2026, and held a public hearing on April 23, 2026. The comment period closed on May 4, 2026.