Class VI Primacy: What is it?

The document describes Class VI primacy as the authority granted by the EPA to states, territories, or tribes to manage the permitting of carbon dioxide injection wells for carbon capture and sequestration. It outlines the four-phase application process and the ten core requirements a state must meet to prove its program is at least as stringent as federal standards, including site characterization, well construction, and financial responsibility. The text argues that state-led primacy can lead to more efficient permitting and oversight due to better local knowledge of geology and community needs.

• Class VI primacy allows U.S. states, territories, or tribes to issue and enforce permits for carbon dioxide injection wells for underground storage independently, provided the EPA finds their regulatory provisions are "at least as stringent as federal requirements," they have "adequate procedures for their enforcement," and "sufficient resources to implement the program."
• The EPA's Underground Injection Control (UIC) program, established in 1980 under the Safe Drinking Water Act, regulates six classes of wells to protect "underground sources of drinking water (USDW) from contamination."
• The process for obtaining primacy consists of four phases: Phase I (Pre-Application Activities), Phase II (Submission of Draft for Completeness Review), Phase III (Comprehensive Evaluation and Public Process), and Phase IV (Rulemaking and Codification), ending in an "enforceable, written agreement between EPA and the state."
• To qualify for primacy, a state's program must meet ten specific requirements, including site characterization with reservoir modeling, use of CO2-compatible materials in well construction, injection pressure limitations, and a "50-year default post-injection site care period" for monitoring.
• Beyond federal requirements, the document suggests a "robust state approach" should address additional issues such as "pore space ownership," "post-closure liability," and "additional emergency response protocols."

APA

Clean Air Task Force (n.d.). Class VI Primacy: What is it? https://cdn.catf.us/wp-content/uploads/2024/09/09193300/class-vi-primacy.pdf

Chicago

Clean Air Task Force. Class VI Primacy: What is it? n.d. https://cdn.catf.us/wp-content/uploads/2024/09/09193300/class-vi-primacy.pdf.

Wikipedia

{{cite report |author=Clean Air Task Force |title=Class VI Primacy: What is it? |url=https://cdn.catf.us/wp-content/uploads/2024/09/09193300/class-vi-primacy.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{cleanairtaskforcendclass, author = {{Clean Air Task Force}}, title = {{Class VI Primacy: What is it?}}, institution = {Clean Air Task Force}, url = {https://cdn.catf.us/wp-content/uploads/2024/09/09193300/class-vi-primacy.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }