Officials from the New Mexico Energy, Minerals and Natural Resources Department (EMNRD) and the Oil Conservation Division (OCD) briefed the Radioactive & Hazardous Materials Committee on state plans to pursue primacy (delegated authority) for Class‑6 underground‑injection control permits for geologic carbon dioxide storage.

What the rulemaking covers

Albert Chang, newly appointed OCD director, described Class‑6 permits as the federal Safe Drinking Water Act mechanism for authorizing injection of CO2 into deep formations for long‑term storage. He said Class‑6 rules are designed to protect public health and drinking water and to address specific CO2 issues—buoyancy, large injected volumes and acidification and corrosion of well components—and that modeling and area‑of‑review work are essential parts of any permit application.

EMNRD deputy secretary Ben Shelton and OCD staff outlined a multi‑step process: stakeholder outreach; a technical crosswalk between federal requirements and proposed state enhancements; a draft state rule package; an application to EPA for primacy; and post‑delegation permitting and oversight. The department said EPA Region 6 has been informally consulted and that a formal EPA review will follow the state rule filing. Shelton said the department will propose several items that go beyond federal minimums—specific testing, monitoring and strengthened community consultation—based on legislative input and House interim work.

Key proposed features and concerns

Officials told the committee the proposed state rule will emphasize:

- Pre‑permit and ongoing monitoring (including pressure and chemical monitoring in the area of review);
- Mandatory computational modeling to predict plume extent and pressure effects and to identify existing wells in the area of review;
- Detailed well‑construction standards and testing to prevent leakage and to manage corrosion risk; and
- Codified community engagement processes beyond the federal minimum—including notification lists and local public‑briefing procedures.

Shelton said the department received a federal grant to support primacy work and has contracted New Mexico Tech and partners to prepare the technical rule elements; the outreach docket was open for pre‑rule input through Sept. 26. Chang emphasized that while federal rules set a floor, the state intends to adopt a tailored program that reflects New Mexico’s geology and public‑interest concerns.

Timeline, funding and next steps

EMNRD said it will file a rule package with OCD and the state rulemaking process will include formal public hearings and an opportunity for written comment; once a state rule package is adopted the department will submit an application to EPA for delegation. The department projected a multi‑year path: final state rules, then EPA review and final primacy—timelines that depend on EPA review and public comment schedules.

Why this matters

Committee members voiced concerns about pipeline transport, seismic risks, long‑term stewardship and financial assurances for perpetual monitoring and any late‑arising remediation. Officials said the state is designing financial assurances and a state fee program (a per‑ton fee was discussed during the 2025 legislative session) to fund oversight, monitoring and long‑term contingency response, and that the rule will require robust monitoring, modeling and well identification to limit risks to drinking‑water resources.

Ending

The department encouraged public input on the pre‑rule docket, said more stakeholder meetings would be scheduled and that the state seeks to ensure any delegated program includes stronger community protections than federal minimums.