Carbon Capture and Sequestration

Underground Injection Control Program for Geologic Sequestration of CO2

Part C of the Safe Drinking Water Act requires EPA to establish minimum requirements for underground injection control (UIC) programs that regulate the subsurface injection of fluids. The goal of the requirements is to prevent underground injection which endangers drinking water sources (42 U.S.C. § 300h et seq.). They regulate the construction, operation, permitting, and closure of injection wells used to place fluids underground.

Pursuant to this authority, EPA has promulgated regulations establishing requirements for six different classes of underground injection wells. Class VI wells are those used to inject carbon dioxide for the purposes of geologic sequestration.

States may apply to EPA for primary enforcement responsibility (primacy) under the UIC program. If granted primacy, states implement their own UIC programs, which must be at least as stringent as the federal requirements.

On January 5, 2024, EPA issued a final rule approving an application from the state of Louisiana to assume primacy enforcement responsibility for Class VI (carbon sequestration) wells located in the state. 89 Fed. Reg. 703 (Jan. 5, 2024).

Biden Administration (2021-2024)

On January 5, 2024, EPA issued a final rule approving an application from the state of Louisiana to assume primacy enforcement responsibility for Class VI (carbon sequestration) wells located in the state. 89 Fed. Reg. 703 (Jan. 5, 2024).

On December 19, 2022, the Texas Railroad Commission submitted an application to EPA to assume primary enforcement responsibility for Class VI (carbon sequestration) wells located in the state. 

First Trump Administration (2017-2020)

On October 9, 2020, EPA issued a final rule approving an application from the state of Wyoming to assume primary enforcement responsibility for Class VI (carbon sequestration) wells located within the state, except within Indian lands. 85 Fed. Reg. 64,053 (Oct. 9, 2020).

On April 24, 2018, EPA issued a final rule approving an application from the state of North Dakota to assume primary enforcement responsibility for Class VI (carbon sequestration) wells located in the state, except within Indian lands. 83 Fed. Reg. 17,758 (Apr. 24, 2018).

Obama Administration (2009–2016)

On September 15, 2011, EPA announced that it would directly implement the Class VI well program nationally. This means that all permit applications for Class VI wells must be submitted to the appropriate EPA Region and permits cannot be issued by states. The announcement came after the expiration of a 270-day period, mandated by the Safe Drinking Water Act, during which states were invited to apply to EPA for authorization to process and issue class VI well permits at the state level. EPA did not receive any such applications and thus assumed Class VI permitting functions in order to ensure that the permitting program can commence as expeditiously as possible. 

On December 10, 2010, EPA published a final rule establishing minimum federal requirements for underground injection of carbon dioxide for the purpose of geologic sequestration under the UIC program. 75 Fed. Reg. 77,230 (Dec. 10, 2010). The rule established, and set requirements for, a new class of underground injection wells (Class VI wells) used for geologic storage of carbon dioxide.

Supporting Documents:

Class VI Guidance Documents: