ECMC finds it has resources to seek Class VI primacy; public commenter warns of risks
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Summary
The commission voted to find the agency has the resources required to administer a UIC Class VI carbon‑storage program and signaled intent to submit a primacy application to EPA; a public commenter urged caution, citing federal project failures and pipeline concerns.
The Energy and Carbon Management Commission voted April 2 to adopt a formal finding that the agency has the necessary resources to administer a U.S. EPA Class VI underground injection control (UIC) program for carbon dioxide storage and to submit a primacy application to EPA.
Mark Sealy, geothermal and CCUS supervisor, summarized the multi‑year effort to prepare a primacy application, describing staffing, financial and data‑infrastructure resources the agency will use to regulate Class VI wells. Sealy said ECMC already has staff expertise in site characterization, reservoir modeling, well construction and testing, financial assurance review, risk analysis, policy and enforcement; he noted the agency intends to leverage an EPA grant of $1.9 million and the state Energy and Carbon Management Fund to grow staff and cover program costs.
Sealy said Colorado’s Class VI rules, adopted in recent rulemaking, are designed to meet or exceed federal standards and ECMC expects EPA Region 8 and EPA headquarters review to take about seven to nine months once the application is deemed final.
A public commenter, Jan Rose, urged the commission to stop the primacy plan, citing recent leaks at Class VI wells operated in Illinois and Indiana and arguing that the technology to store CO2 has failed in other states. Rose also warned about pipelines and federal tax‑credit incentives that underpin carbon projects.
Commissioners who spoke in favor of the finding said state rules are stringent and the agency’s plans to use grant funding and existing budgets position ECMC to regulate Class VI wells consistent with state policy and public‑safety priorities.
Ending: The commission directed staff to finalize and submit the primacy application; staff said they will continue to coordinate with EPA as the application advances through Region 8 and headquarters review.
