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State division outlines plan to seek primacy for Class 6 carbon sequestration wells; rulemaking and EPA review underway
Summary
The state Division of Oil, Gas and Mining told the council it has submitted draft Class 6 rules and a crosswalk to EPA, received 46 preliminary comments, and plans formal rulemaking and a public comment window before seeking primacy for carbon‑sequestration wells, with a primacy application targeted for the first half of 2025.
A representative of the state Division of Oil, Gas and Mining briefed the council on a priority the division calls Class 6 carbon sequestration primacy: a draft rule and regulatory crosswalk have been submitted to the EPA, the division has received 46 preliminary EPA comments, and staff expect to commence formal state rulemaking (which includes a 30‑day public comment period) before filing a primacy application to the EPA.
What the division said: the presenter summarized technical essentials of Class 6 wells — carbon dioxide is injected as a supercritical fluid into porous sandstone intervals that must be bounded by confining layers to prevent upward migration. “We’re gonna get primacy for this,” the division speaker said, adding the agency’s role will be technical review, engineering and geologic modeling and monitoring to evaluate whether injected CO2 will remain in the target zone.
Concerns raised: council members asked who would monitor potential leaks and groundwater impacts; the division said it would perform the engineering and geological review for proposals and require monitoring and modeling as part of permitting. One attendee noted possible effects on agriculture and water resources if leaks were to occur.
Other rule updates: the division also described a pollution‑control rule passed Aug. 28 that allows operators to apply for tax‑incentive review and an electronic form rollout, and a produced‑water recycling rule scheduled for the board’s Dec. 4 hearing; if adopted, the produced‑water rule will open a public comment period (Dec. 15–Jan. 15) and some facilities would transfer to waste‑management oversight.
Next steps: the division expects stakeholder rulemaking in coming months and said it hopes to submit a primacy application to EPA in the first half of 2025; the council asked staff to keep the public informed about comment opportunities.
